Event Host Terms of Use
Last Updated: 26 February 2026
WELCOME TO HUMANITIX!
Hi, we are Humanitix, the charity bringing people together to inspire and invest in humanity.
We exist to help people with disability by facilitating access to live events and educating the
public. We also support social impact projects by dedicating 100% of our booking fee profits
to fund our charity partners, including those that help disadvantaged children.
Our not-for-profit ticketing platform is the way we achieve our mission of creating a world
where businesses, systems, and structures prioritise the wellbeing of all people and our
planet. We provide tools for inclusion at events of all shapes and sizes, whether that is a
workshop, gala, conference, school production, gig, fundraiser or festival. We’re grateful you’re
here!
Have a question? Contact us here.
First Things First
What You’ll Find In These Terms:
1. How to Read Our Terms 3
2. Humanitix Ground Rules 4
3. Registration by Event Hosts 4
4. Prohibited Hosts; Prohibited Events; Prohibited Transactions 6
5. Grant of Nonexclusive License 7
6. Account Security 8
7. Access and Ensuring Acceptable Use 8
8. Fees, Payments and Refunds 9
9. Attendee Terms and Conditions 13
10. Intellectual Property Ownership 13
11. Privacy 15
12. Use of Email Function in Humanitix 15
13. Tax 16
14. Gift Vouchers 16
15. Pre-Release of Funds 16
16. Security Interest 17
17. Representations and Warranties 17
18. Termination 18
19. Disclaimer 19
20. Force Majeure 20
21. Limitation of Liability 20
22. Indemnification 21
23. Dispute Resolution 21
24. Severability 22
25. Applicable Law and Relevant Jurisdiction 23
26. Licenses and Permits Hosts Must Obtain 23
27. Notices 24
28. Modifications to the Terms or Websites 24
29. Assignment 25
30. Entire Agreement 25
31. Feedback 25
32. Third Party Websites, Linked Accounts, and Third Party Offers 25
33. Additional Miscellaneous Provisions 25
34. Australian and New Zealand Consumer Law Amendments 26
35. Questions 27
Annexure I - Data Processor Clauses 28
Host Refund Policy Requirements 30
You are reading these Event Host Terms of Use (Terms) because you are using a Humanitix
website, console, digital experience, social media platform, mobile site, app, API, widget, or
another part of our product or service, including software and content (collectively, our
Websites) to host events. For easy reference, Humanitix means:
Humanitix Limited ABN 32 618 780 439 in Australia
Humanitix New Zealand Charitable Trust NZBN 9429047170568 in New Zealand
Humanitix USA Limited EIN 36-4956766 in the United States
Humanitix Scotland Limited SC053996 in the United Kingdom.
We may also refer to Humanitix as Us, Our, or We throughout this document.
The Website Terms of Use are incorporated into these Terms. If you are a Host offering events
with paid tickets, our Host Refund Policy Requirements, Community Guidelines, API Terms of
Use and Trademark and Copyright Policy, apply to You and are incorporated into these Terms.
(Some, but not all, of the terms in those documents are duplicated in these Terms.) Please be
on the lookout for additional terms and conditions displayed with certain uses of our
Websites that you may use from time to time as those will also be applicable to you. And, by
agreeing to these Terms, you acknowledge you have read the Website Terms applicable to all
Users. We may sometimes provide you with Websites that are not described in these Terms,
or customised Websites; unless we have entered into a separate, signed agreement that
expressly supersedes these Terms, these Terms will apply to those Websites as well.
Please take time to read through these Terms carefully before enjoying the platform, because
once you create a User account/sign up you are going to be legally bound. We’re in the
business of changing the world and these Terms help us protect all that hard work.
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1. How to Read Our Terms
Here are some extra definitions to help you navigate these Terms with ease:
Applicable Laws means all laws or other legal requirements (together, “Law”) of the Relevant
Jurisdiction, including without limitation all Laws in any way relating to your use of our
Websites;
Attendee means a Person that purchases tickets through our Websites;
Attendee Terms means the Terms of Use between Us and people who purchase tickets
through our Website;
Event means a scheduled and ticketed event created by an Event Host and offered through
the Humanitix Websites;
Event Host (also referred to as Host) means an event creator using the Websites to create,
list, or promote events for Attendees using the Websites;
Intellectual Property Rights means any and all intellectual and industrial property rights
throughout the world including but not limited to rights in respect of, or in connection with
patent, copyright (including future copyright and rights in the nature of copyright),
trademark, trade name, service mark, service name, brand mark, brand name, logo, domain
name, technological innovation, computer software, know how, event listing, customer and
supplier information, database, designs and any confidential information, whether or not
existing now and whether or not registered or registrable and includes any right to apply for
the registration of such rights and includes all renewals and extensions, but not privacy or
publicity rights;
Host Content means any content that a Host includes in its event listing shared on the
Humanitix Website;
Person means any individual, company, trust, entity, partnership, joint venture, association,
corporation, body corporate or governmental agency (and people means the same in plural);
Personal Information has the meaning given in our Privacy and Cookies Notice;
Privacy and Cookie Notice means our Privacy and Cookies Notice as amended from time to
time;
Registration Data means data that Hosts provide when signing up for an account on
Humanitix, which includes but is not limited to the Hosts’ contact details, password, and the
email address through which they would like to manage the account;
Relevant Jurisdiction means the jurisdiction stipulated as the relevant jurisdiction in Section
25;
Sensitive Information has the meaning given in our Privacy and Cookies Notice;
Site Content means the material, including without limitation information, data, text,
editorial content, design elements, look and feel, formatting, graphics, images, photographs,
videos, animations, music, sounds, and any other content contained in or delivered via the
Websites or otherwise made available by Humanitix in connection with the Websites;
Third Party Content means websites, platforms, content, products, and information of other
parties including content provided to us by links to sites owned by other parties;
Trademark and Copyright Policy means our Trademark and Copyright Policy as amended
from time to time;
UK Data Protection Laws means the UK General Data Protection Regulation (“UK GDPR”),
the UK Data Protection Act 2018, and the Privacy and Electronic Communications
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Regulations 2003 (as amended from time to time) and any other applicable privacy laws or
guidance;
User means an individual who visits and may engage with the Websites without purchasing
a ticket to an Event; once the User purchases a ticket that User becomes an Attendee; once
the User signs up for a Host account, that User becomes a Host;
You means the person using, browsing or otherwise accessing the Websites; and
Your Content means any content that you contribute, provide, post, or make available using
the Websites.
2. Humanitix Ground Rules
Your use of the Websites constitutes your acknowledgment and acceptance of the following
specific requirements and Terms for the Humanitix Websites. You agree that you will not:
a) Use the Websites for any illegal purpose, or in violation of any local, state, national, or
international law;
b) Violate or encourage others to violate the rights of third parties, including Intellectual
Property Rights;
c) Post, upload, or distribute any Host Content that is unlawful, defamatory, libelous, or
inaccurate;
d) Interfere in any way with security-related features of the Websites;
e) Interfere with the operation or any User, Attendee, or Host’s enjoyment of the Website,
including by uploading or otherwise disseminating viruses, adware, spyware, worms,
or other malicious code, making unsolicited offers or advertisements to other Users,
Attendees, or Hosts, or attempting to collect Personal Information about Users,
Attendees, Hosts, or third parties without their consent;
f) Access, monitor, extract, or copy any Site Content or information of the Websites using
any robot, spider, scraper, or other automated means or any manual process for any
purpose without Humanitix’s express written permission;
g) Perform any fraudulent activity, including impersonating any Person, claiming false
affiliations, accessing the accounts of other Users, Attendees, or Hosts without
permission, or falsifying your identity or any information about you, including age or
date of birth; or
h) Sell or otherwise transfer the access granted herein.
3. Registration by Event Hosts
You can become a Host when you create an account by signing up through Humanitix.com.
After selecting “Sign Up, Hosts create an account by specifying their contact details,
password, and the email address through which they would like to manage the account.
After confirming these details, an account is created for the Host to begin creating and
publishing events. You may browse the Websites without registering for an account. Users
other than Hosts may also be required to register for an account to use certain features of the
Websites, such as reserving or purchasing a ticket.
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Your account username may not include the name of another Person with the intent to
impersonate that Person, or be offensive, vulgar, or obscene. Your account username and
password are personal to you. You will be responsible for the confidentiality and use of your
username and password, and for all activities (including purchases) that are conducted
through your account. You may not transfer or sell access to your account. We will not be
liable for any harm related to disclosure of your username or password or the use by anyone
else of your username or password. You may not use a User, Attendee, or Host’s account
without their permission. You will immediately notify us in writing if you discover any
unauthorised use of your account or other account-related security breach. We may require
you to change your username and/or password if we believe your account is no longer secure
or if we receive a complaint that your username violates someone else’s rights. You will have
no ownership in your account or your username. We may refuse registration, cancel an
account, or deny access to the Websites for any reason.
Additional Registration Information. As part of the creation of a paid event or at any time
following such creation, you may be required by Humanitix to provide additional information
(beyond the information required to register for the Websites) about yourself, the entity you
represent (if any), and the principals/beneficial owners of the entity you represent (if any)
(collectively, Additional Registration Data). As an example, the Additional Registration Data
may include your current address, doing business as (DBA) names, description of products,
website address, bank account or other payment account information, Tax Identification
Numbers, date of birth, passport or drivers license number, country of origin, copies of
government identification documents, and other personal information. This information may
be used to verify your identity, the validity and/or legality of your transactions, and/or whether
you qualify to use the Websites for paid events. You agree to:
a) provide this information in a timely, accurate and complete manner; and
b) maintain and promptly update this information in a timely manner to ensure it
remains accurate and complete at all times.
Disclosure Authorisation. The Host agrees that Humanitix is permitted to share Registration
Data (as defined in the Terms), Additional Registration Data, and information relating to your
events and transactions on the Websites with third party gateways, payment processors, Host
acquirers and/or Host acquiring banks with which we have relationships (collectively,
Payment Processing Partners) and with your bank or other financial institution, in each case
to the extent your transactions or events involve such third parties. In addition, you authorise
Humanitix to verify your Registration Data and Additional Registration Data and conduct due
diligence on you through third parties, including third party credit reporting agencies.
Failure to Provide. We reserve the right to suspend your Humanitix account or to withhold
any amounts due to you if we reasonably believe that your Registration Data or Additional
Registration Data is inaccurate or if you fail to provide all Registration Data or Additional
Registration Data within the timeframes requested.
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4. Prohibited Hosts; Prohibited Events; Prohibited
Transactions
Prohibited Hosts. By registering for the Websites and accepting these Terms, you represent
and warrant that:
a) You are not located in, and you are not a national or resident of, any country to which
the United States, Australia, New Zealand or the United Kingdom have embargoed
goods and/or Websites of the same type as the Websites (Restricted Countries);
b) You are not a person or entity or under the control of or affiliated with a person or
entity that:
i) Appears on the U.S. Office of Foreign Assets Control’s Specially Designated
Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council
List;
ii) Appears on the U.S. Department of State’s Terrorist Exclusion List;
iii) Appears on the Bureau of Industry and Security’s Denied Persons List;
iv) Appears on the Consolidated List published by the A.U. Department of Foreign
Affairs and Trade; or
v) Is subject to sanctions in any other country; and
c) You are not banned by any of our Payment Processing Partners nor listed in the
MasterCard MATCH terminated merchant database or Visa terminated merchant file.
If you fall into any of the categories set forth above, as determined by Humanitix in its
discretion, you are a Prohibited Host.
Prohibited Events. You may not post events to the Websites or engage in activities through
the Websites that:
a) Violate or facilitate the violation of any applicable local, state, provincial, national or
other law, rule or regulation;
b) Take place in Restricted Countries;
c) Contain any Content (as defined in the Terms) that would violate the Terms or
Humanitix Community Guidelines; and
d) Are otherwise prohibited under the Terms.
Any event that falls into any of the categories set forth above, as determined by Humanitix in
its discretion, is a Prohibited Event.
Prohibited Transactions. You may not use Humanitix to process any of the following
transactions and you represent and warrant that you will not submit for processing through
the Websites:
a) Any transaction that is fraudulent or criminal in nature;
b) Any transaction that would constitute a restricted transaction” as defined in the
Unlawful Gambling Enforcement Act of 2006 or Regulation GG;
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c) Any transaction that would constitute sending money to another party other than for
the purchase of bona fide tickets or registrations to, or solicitation of a donation for,
events, or sale of items related to such events; and
d) Any transaction that otherwise violates the Terms or Humanitix Community
Guidelines.
Any transaction that falls into any of the categories set forth above, as determined by
Humanitix in its discretion, is a Prohibited Transaction.
Remedies. In the event that Humanitix discovers that you are a Prohibited Host, that you have
posted a Prohibited Event, and/or that you have attempted to process or processed a
Prohibited Transaction, then Humanitix may take any or all of the following actions in its
discretion in addition to any and all remedies that Humanitix may have under the law or
elsewhere in the Terms:
a) Suspend or terminate your Humanitix account;
b) Alter, edit, or remove any Prohibited Event or any portion thereof;
c) Block, reverse, or refund any or all of your transactions;
d) Hold any and all funds associated with your account to the extent required by
applicable local, state, provincial, national or other law, rule, regulation, judgment, or
order; and
e) Refer you, your events, and/or your transactions and information relating to the same
(without further notice to you) to applicable law enforcement agencies for further
action.
5. Grant of Nonexclusive License
We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to any
Sub-Users that you choose to grant access to via the Websites, as discussed in Section 6
(“Account Security”) and Section 7 (“Access and Ensuring Acceptable Use”), revocable right to
use our Websites solely to:
a) Create event registration, Host profile and other webpages to promote, market,
manage, track, and collect sales proceeds for an Event; and/or
b) Browse the Websites and search for, view, register for, or purchase tickets or
registrations to an event listed on the Websites. Your use of the Websites must be in
compliance with these Terms and in compliance with all Applicable Laws.
Restrictions on Your License. Without limitations on other restrictions, limitations and
prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or
indirectly:
a) Copy, modify, reproduce, translate, localise, port, or otherwise create derivatives of any
part of the Websites;
b) Reverse engineer, disassemble, decompile, or otherwise attempt to discover the
source code or structure, sequence, and organisation of all or any part of the Websites;
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c) Rent, lease, resell, distribute, use the Websites for other commercial purposes not
contemplated, or otherwise exploit the Websites in any unauthorised manner;
d) Remove or alter any proprietary notices on the Websites; or
e) Engage in any activity that interferes with or disrupts the Websites.
6. Account Security
You are solely responsible for maintaining the confidentiality and security of your password.
For your protection, we recommend you not share your login registration information with
anyone else. If you do share login information with anyone, we will consider their activities to
have been authorised by you. If you become aware of any unauthorised use of your password,
or have any reason to believe that your account is no longer secure, we recommend that you
change your password immediately by using the reset password tool.
7. Access and Ensuring Acceptable Use
Your Account with Humanitix. In order to create and manage an event, you must create an
account. You agree to follow certain rules when you create an account with Humanitix or use
the Websites, including the following:
a) You must be at least 18 years of age, or the legal age of majority where you reside, to
use the Websites.
b) You must have not previously been suspended or removed from the Websites.
c) You must register for and use the Websites in compliance with Applicable Laws.
d) You agree to provide true, accurate, current and complete information about yourself
or, if you are using the Websites on behalf of any other Person, for that Person (the
Registration Data). You also agree to update this Registration Data if it changes.
e) If you are using the Websites on behalf of a company or other entity, you represent
and warrant that you have the authority to legally bind that entity and grant
Humanitix all permissions and licenses provided in these Terms.
f) You agree to immediately notify Humanitix of any unauthorised use of your password
or account or any other breach of security. You are responsible for (and we will hold
you responsible for) any activities that occur under your account.
g) You agree to not use our Websites to collect any Sensitive Information, unless such
collection is otherwise permitted by these Terms; Humanitix has consented to such
collection in writing; or such collection is necessary to host your event, in which case,
you agree to collect no more Sensitive Information than necessary.
Account-Sharing and Sub-Users. Humanitix allows you to create separate logins for a group
account, each tied to an individual email address through granting permission sharing access
(a Sub-User). Hosts can grant different levels of access to different logins within your account
to third parties including actions by any third-party to whom you have granted access. If we
do so, you agree that you are solely responsible for all activity that occurs under your account
(including actions by Sub-Users), so you must maintain the confidentiality of your password
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and account details. You likewise agree that all rules applicable to your account will apply to
all third parties to whom you grant access to your account.
Our Community Guidelines. You agree to abide by the Humanitix Community Guidelines
whenever you use or access our Websites. Please read these carefully, as they affect what
types of content and conduct are permitted on and through the Humanitix Websites.
How to Flag and Process for Review. Our goal is to promote a safe and respectful community.
If you learn of any event listing or Site Content that may violate these Community Guidelines
or our Terms, please notify us here, and include the event URL. We will review each report,
and depending on the nature of the report, we may or may not follow up with you. It’s also
important to remember that Humanitix encourages a diverse, global community; content
that you find offensive or controversial may not violate our Community Guidelines, and not
result in your desired action. We truly value your feedback and the opportunity to hear from
our community.
Violations of our Community Guidelines. If we determine that any Host Content violates our
Community Guidelines, we may remove only the relevant Host Content, take down the entire
event listing, or take alternative action that Humanitix determines to be appropriate given
the circumstances surrounding the Host Content. If, in our sole evaluation, we determine that
there has been any serious and severe abuse of our Websites, we may also suspend or
terminate the associated Humanitix account. Note that certain Host Content, while not in
violation of our Community Guidelines, may not be appropriate for the majority of our
community. In these cases, we may in our sole discretion decide to make the Host Content
private or otherwise reduce its distribution.
8. Fees, Payments and Refunds
Fees Related to Your Event. Creating an account, listing an event and accessing the Websites
are free. Humanitix only charges fees when you sell or buy paid tickets to an event.
Fee Rates: Humanitix is all about transparency. For our fee rates, please visit our Features and
Pricing page. There are no fees for free tickets free tickets are free of fees. Hosts ultimately
determine whether fees will be passed on to Attendees and shown as “Fees” on the
applicable event page, or absorbed into the ticket or registration price and paid by the Host
out of ticket and registration gross proceeds.
What our fees cover: The fees charged to Attendees may include certain other charges,
including without limitation, facility fees, royalties, taxes, processing fees and fulfilment fees.
We also reserve the right to pass on any additional costs associated with processing
payments with American Express credit cards. Humanitix determines the fees; the Hosts
determine who pays those fees and whether the fees will be passed on, included in the ticket
price, or whether the fees are added on top of the ticket price. In addition, certain fees are
meant, on average, to defray certain costs incurred by Humanitix, but may in some cases
include an element of profit and in some cases include an element of loss. Humanitix does
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not control (and thus cannot disclose) fees levied by your bank and/or credit card company,
including fees for purchasing tickets and registrations in foreign currencies or from foreign
Persons. Be sure to check with your bank or credit card company prior to engaging in a
transaction to understand all applicable fees, credit card surcharges and currency conversion
rates.
Custom Fees: In addition, we reserve the right to recover costs and charges for any additional
work or services, including but not limited to any additional costs agreed to between you and
Humanitix before service begins. These fees may vary based on individual agreements
between Humanitix and certain Hosts.
Payment. Humanitix offers multiple options for Hosts to process payments from Attendees.
Regardless of the payment method, the Host has sole liability for refunding Attendees in
accordance with the “Refunds” section below, whether or not Humanitix provides the refund
on behalf of the Host to the Attendee.
1. Humanitix Gateway: All payments for ticket purchases to events processed through the
Humanitix gateway are collected and held by Humanitix. The amount owed to Hosts from
ticket purchases becomes due to the Event Host upon completion of the Event. Humanitix
transfers the amount owed to the Hosts (net of any fees and refunds) within 5 business days
after the completion of the event. However, Humanitix reserves the right to retain the
amount owed or a part of the amount owed (with the amount being determined by
Humanitix in its discretion) to fund a reserve:
a) At any time as we determine in our discretion to be necessary based upon the level (or
expected level) of refunds, disputed charges, chargebacks, customer complaints,
allegations of fraud or changes in Host’s credit profile or the underlying event(s)’ risk
profile; and
b) As otherwise necessary to secure the performance of your obligations under the
Terms of Use or to protect Humanitix against fraudulent or erroneous activity.
Humanitix’s right to hold these funds will continue following the applicable event(s) and until
Host and any of its affiliates have discharged all obligations under the Terms of Use or other
applicable agreement for Services provided by Humanitix and the applicable periods for
refunds, disputed charges, chargebacks, and complaints have passed.
Any payments (such as pre-releases) made to Hosts prior to completion of the event is at the
discretion of Humanitix.
Any credit card chargebacks or other transaction reversals (Chargebacks) initiated against
Humanitix or its affiliates for any reason (except to the extent they are caused solely by
Humanitix's negligence or willful misconduct) with respect to a Host's event and all related
credit card association, payment processing, re-presentment, penalty, and other fees and
expenses (together with the amount of Chargebacks, Chargeback Costs) incurred by
Humanitix or its affiliates in connection with such chargebacks will ultimately be the
responsibility of Host, and the Host agrees to promptly and fully reimburse Humanitix for
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such amounts on demand. As part of Humanitix's activity as the limited payments agent,
Humanitix will use commercially reasonable efforts to manage the re-presentment of such
chargebacks and reversals on behalf of Host and Host hereby authorises Humanitix to do so
and agrees to use reasonable efforts to cooperate with Humanitix in such re-presentment.
However, Humanitix will have no obligation to re-present any chargeback that it believes in
its discretion is more likely than not to lose or that relates to a transaction that should be
refunded in accordance with the Host's refund policy. Both parties agree that Humanitix's
loss of any chargeback that has been re-presented by Humanitix will not in any way limit
Host's obligation to reimburse Humanitix and its affiliates under this paragraph.
2. Third Party Payment Gateway: Hosts can plug in their own third party payment gateway
such as Stripe or Pin Payments to process payments for their events and have control over
cashflow. When setting up the third party payment gateway, the Host will be prompted to log
in to an existing account or create a new account to process payments for their event.
Payments that are processed through the relevant third party payment gateway are placed in
the Host’s account, less any Humanitix fees on the transaction; Humanitix does not control or
have access to these payments. Payments received by the Host in their account are subject to
the third party’s payment terms. In the event of a refund, the refund must be deducted from
the Host’s third party account. It is the Host’s responsibility to maintain sufficient funds in the
Host’s third party account to cover the value of ticket refunds.
3. Invoiced Booking Fees: If Hosts choose to offer pay-by-invoice as a payment option to their
customers, standard Humanitix fees are applied to the transaction (unless agreed otherwise).
In order for Humanitix to receive these fees on pay-by-invoice transactions, the fees are
deducted from the event funds. In the case that the event does not have enough funds for
fees to be deducted, Humanitix will invoice the Host for the fees that are owed.
Confirmations. Upon an order being placed by an Attendee and confirmed through
Humanitix, Humanitix generates a confirmation email and issues a unique confirmation
number for such Attendee’s order. Host agrees to unconditionally accept, honour, and fulfil all
ticketing, registration, merchandise, and donation commitments that have been confirmed
by Humanitix through the Websites. Host agrees it is the Host’s responsibility to verify an
Attendee’s confirmation number and/or any applicable event restrictions prior to the
applicable event.
Renting Hardware. In certain cases, and subject to availability and Humanitix’s discretion, you
may choose to rent hardware from Humanitix to support your event. Such rentals are subject
to additional terms, which include indemnifying Humanitix for any damage to the rented
hardware and a requirement that all rented hardware be returned to Humanitix within ten
business days following the conclusion of the event.
Refunds. Subject to this “Refunds” section and the Host Refund Policy Requirements, all
transactions are between a Host and its respective Attendees and Hosts control their own
refund policies with respect to ticket costs. Hosts’ ticketing and refund policies may be
subject to local consumer protection laws, and it is the Host’s responsibility to ensure
compliance with all Applicable Laws. If the Event is cancelled, does not take place or does not
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occur as initially specified (including, but not limited to, a change in time, date, location, or
material changes to the content, performances, or other programming initially specified),
then the Host must provide a refund to the Attendees of the Event. Any Attendee of this
Event may escalate their refund claim to Humanitix. Humanitix reserves the right at its sole
discretion to provide a refund on behalf of the Host to Attendees of the Event. Humanitix may
recover from the Host the amount of any refunds that Humanitix provides to Attendees
and/or any costs it incurs in connection with Humanitix providing refunds to Attendees.
In the event that an Event is postponed or cancelled, and/or Humanitix is instructed to pause
payouts, and the Host then does not follow up with any updates, refund arrangements or
other instructions within 6 months from the Event date, Hosts acknowledge and agree that
all remaining proceeds of that Event will be transferred by Humanitix to a charity nominated
by Humanitix.
Fee Refunds. Humanitix’s fees, which are for facilitating the original transaction and ancillary
services to the transaction, are non-refundable, except when local consumer protection laws
or other Applicable Laws require Humanitix fees to be refunded. In the first instance, it is still
the responsibility of the Event Host to ensure compliance with any such laws and all other
Applicable Laws as they are responsible for the Event to which the transaction relates.
However, Humanitix will provide a direct refund of its fees if required by Applicable Laws.
Currencies. Humanitix only provides the Humanitix Gateway for certain currencies and for
Hosts in Australia, New Zealand, and the United States. In addition, fees collected in a
currency may only be paid out to Hosts in the currency in which they are collected. Humanitix
does not provide currency conversion Websites.
Non-Exclusive Remedies and Collections. If payment for any amounts due to Humanitix is not
made by a Host or any of its affiliates when due and after receiving a late payment notice
from Humanitix, Humanitix reserves the right, in its discretion and without limiting its other
rights and remedies, to suspend or terminate Host’s or any of Host’s affiliates registration for
any Websites provided by Humanitix (including any and all accounts that Host or any of
Host’s affiliates may have).
In addition, any such unpaid amounts due and owing to Humanitix or any of its affiliates are
subject to collections. Humanitix reserves the right to pursue any late and unpaid amounts
due and owing to Humanitix for collections if such amounts are not paid within thirty (30)
days after the date of the invoice. In addition, Host agrees to promptly and fully reimburse
Humanitix upon demand for all out-of-pocket costs and expenses, including without
limitation reasonable attorneys’ fees and expenses incurred by Humanitix in collecting past
due amounts or any other amounts due and owing from Host or any of its affiliates under
these Terms or any or other applicable agreement for Websites provided by Humanitix. Hosts
and any of its affiliates agree that if Humanitix must seek collections for past due amounts
and Host or any of its affiliates does not respond or pay in full after receiving a collection
notice, Humanitix reserves the right to pursue outstanding balances through judicial
proceedings, and such actions are expressly excluded from any arbitration provisions set forth
in the Terms.
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Payment Details. Hosts are solely responsible for nominating a valid bank account (and
required tax information and/or user verification information if applicable) for the purpose of
receiving the proceeds of ticket sales under this clause. In the event that valid bank account
details (and/or required tax / user verification information) are not provided, we will attempt
to contact the Host through the email address supplied to request that the required
details are provided so the proceeds of ticket sales from the Event can be paid. Hosts
acknowledge and agree that all proceeds of ticket sales from any Event to which Hosts would
otherwise be entitled will be transferred as a donation to Humanitix, or to a charity
nominated by Humanitix in the event that the required details are not provided within 6
months from the Event date.
To the extent permitted by law, the Host releases Humanitix from any claim it may have
against Humanitix in connection with the transfer of proceeds of ticket sales in accordance
with this clause.
9. Attendee Terms and Conditions
Attendees are subject to separate terms which are available here. To the extent you may wish
to include separate terms for your event, you are permitted to do so; however, under no
circumstances are Hosts permitted include any additional terms and conditions that may be
construed as creating any obligations for Humanitix or imply to Attendees that Humanitix
may have any obligations outside of these Terms.
10. Intellectual Property Ownership
Our Intellectual Property and Copyrights. You agree that all Site Content may be protected by
copyrights, trademarks, service marks, trade secrets, or other intellectual property and other
proprietary rights and laws. Humanitix may own the Site Content or portions of the Site
Content may be made available to Humanitix through arrangements with third parties. Site
Content included in or made available through the Websites is the exclusive property of
Humanitix and is protected by copyright laws. You agree to use the Site Content only for
purposes that are permitted by these Terms and any applicable local, state, provincial,
national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
Trademarks. The trademarks, service marks, and logos of Humanitix (Humanitix Trademarks)
used and displayed in connection with the Websites are registered and unregistered
trademarks or service marks of Humanitix. Other company, product, and service names used
in connection with the Websites may be trademarks or service marks owned by third parties
(Third Party Trademarks, and, collectively with Humanitix Trademarks, Trademarks). The
offering of the Websites will not be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any Trademark displayed in connection with the
Websites without the prior written consent of Humanitix specific for each such use. The
Trademarks may not be used to disparage Humanitix, any third party or Humanitix’s or such
third party’s products or Websites, or in any manner that may damage any goodwill in the
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Trademarks. Hosts are encouraged to use our Trademarks when linking to an Event, but
Humanitix reserves the right to prohibit such use if the use of the Trademarks violates our
Community Guidelines or otherwise dilutes or brings our brand into disrepute. All goodwill
generated from the use of any Humanitix Trademark will inure to Humanitix’s benefit. Site
Content may also be protected by copyrights owned by Humanitix and/or third parties.
Please note that if you copy portions of the Websites you are violating these patent rights and
copyrights.
Host Content.
Non-Infringement. You may not upload or distribute content on Humanitix that you do not
have a right to transmit under any law or under contractual or fiduciary relationships (such as
inside information, or proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements). This includes, but is not
limited to, all images, logos, videos, and text uploaded on your event listing. Additionally, you
may not do the following on the Humanitix Websites:
Remove any copyright, trademark or other proprietary rights notice from the Websites
or any material displayed by the Websites, or
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial
purposes, any portion or aspect of the Websites.
License. Humanitix does not make any claim to Host Content. However, you are solely
responsible for Host Content. You hereby grant Humanitix a non-exclusive, royalty-free license
to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate,
publish and create derivative works based on Host Content, in whole or in part, in any media,
for the purpose of operating the Websites (including Humanitix’s promotional and marketing
Websites, which may include without limitation, promotion of your event on a third party
website), and you hereby waive any and all moral right to use the name you submit with Host
Content. Notwithstanding the foregoing, Humanitix does not claim, and you do not transfer,
any ownership rights in any Host Content and nothing in these Terms will restrict any rights
that you may have to use and exploit Host Content outside of the Websites.
Your Representations About Host Content. You represent and warrant that you have all the
rights, power and authority necessary to grant the foregoing license, and that all Host
Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of
any third party; (b) complies with all applicable local, state, provincial, national and other laws,
rules and regulations; and (c) does not violate these Terms.
Additional Rules About Host Content. Host Content must be accurate and truthful. Humanitix
reserves the right to remove Host Content from the Websites if Humanitix believes in its sole
discretion that it violates these Terms, our Community Guidelines, or for any other reason.
Humanitix may use your name and logo (whether or not you have made it available through
the Websites) for the purpose of identifying you as an existing or past customer of Humanitix
both on the Websites and in marketing, advertising and promotional materials. We likewise
may preserve Host Content and account information and may also disclose Host Content and
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account information if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to (a) comply with legal process; (b)
respond to claims that any of Host Content violates the rights of third parties; (c) enforce or
administer the Terms, including without limitation, these Terms; and/or (d) protect the rights,
property and/or personal safety of Humanitix, its users and/or the public, including fraud
prevention. You understand that the technical processing and transmission of the Websites,
including Host Content, may involve transmissions over various networks and/or changes to
conform and adapt to technical requirements of connecting networks or devices.
Digital Millennium Copyright Act. Where your Event takes place in the United States, if you
are a copyright owner or an agent of a copyright owner and you believe that any content on
the Sites infringes your copyrights, you may submit a notice pursuant to the Digital
Millennium Copyright Act (“DMCA”) by following the directions we provided in Humanitix’s
Trademark and Copyright Policy.
11. Privacy
We know your Personal Information is important to you and it is important to us too. Our
Privacy and Cookies Notice is incorporated into these Terms and sets out everything you need
to know about our commitment to privacy.
If you are a Host, you represent, warrant, and agree that (a) you will at all times comply with
all applicable local, state, provincial, national, and other laws, rules, and regulations with
respect to information you collect from (or receive about) Attendees, and (b) you will at all
times comply with any applicable policies and notices posted on the Websites with respect to
information you collect from (or receive about) Attendees.
Where UK Data Protection Laws apply, the parties agree to enter into the legal obligations
governing controller-to-processor relationships hereby incorporated into these Terms of Use
and outlined under Annexure I.
12. Use of Email Function in Humanitix
Humanitix may make available to you features and tools that allow you to contact your
Attendees, other Users, or third parties via email (the “Email Tools”). If you use Email Tools, you
represent and agree that:
a) You have the right and authority to send emails to the addresses on your recipient list
and such addresses were gathered in accordance with all Applicable Laws, including
but not limited to any and all email marketing regulations in the recipient’s country of
residence;
b) Your emails are sent in full compliance with any Privacy and Cookies Notice under
which the recipient emails were gathered;
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c) You will use the Email Tools in compliance with all Applicable Laws, including but not
limited to the U.S. CAN-SPAM Act, the Canadian CASL, and the EU GDPR and e-Privacy
Directive;
d) You will only use the Email Tools to communicate with Attendees about an Event
listed on the Websites;
e) Your use of the Email Tools and the content of your emails will fully comply with these
Terms;
f) You will not use false, misleading or deceptive headers or subject lines in emails sent
using the Email Tools;
g) You will provide an accessible and unconditional unsubscribe link for inclusion in
every email where one is required, and you will not send any emails to any recipient
who has unsubscribed from your mailing list;
h) You will respond immediately and in accordance with instructions to any request sent
to you by an Attendee or by Humanitix for modification of such Attendee’s email
preferences;
i) Where UK Data Protection Laws apply, you have complied with all necessary legal
obligations, including for the purposes of direct marketing.
If you violate any of these Email Tools rules or if your use of the Email Tools results in bounce
rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails
cause disruption to the Websites, Humanitix may (without limitation of any other legal or
contractual remedies it has) limit or suspend your access to the Email Tools.
13. Tax
You acknowledge and agree that you’re fully responsible for assessing your own tax
obligations in areas where you’re hosting an Event and that Humanitix cannot give you tax
advice. We encourage you to consult a tax professional if you’re not sure what your tax
obligations are.
14. Gift Vouchers
As a Host, you may choose to offer Gift Vouchers through the Websites by creating a Gift
Voucher page (if the feature is available in your location). Gift Vouchers are redeemable only
to Events that you specify. You acknowledge and agree that your offering of Gift Vouchers
may be subject to local law and it is your sole responsibility to maintain full compliance with
any such laws. Humanitix can’t give Hosts advice on local laws applicable to offering gift
vouchers.
15. Pre-Release of Funds
If Humanitix pre-releases funds, it will be subject to these additional terms. In the event of a
pre-release of funds by Humanitix, those funds are the responsibility of the Host. The Host
must refund Humanitix any pre-released funds if the event does not occur as initially
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specified, including, but not limited to, a change in time, date, location, or material changes
to the content, performances, or other programming as initially advertised.
Humanitix may, in its sole discretion, agree to pre-release funds from ticket sales prior to
completion of the event when the amount owed to the Host becomes due (acknowledging
that ownership of ticket prices paid are retained by Attendees until completion of the event).
16. Security Interest
If Humanitix pre-releases funds, or in any other circumstances provides funds or
accommodation to the Host prior to the sale of tickets, the Host hereby grants Humanitix a
registrable security interest in all present and after acquired property of the Host for the
equivalent value of the funds provided. This security interest is created as a charge over those
assets. The Host agrees that Humanitix may perfect the security interest by registering the
security interest over the Host’s assets on the Personal Property Securities Register of the
Relevant Jurisdiction. Humanitix may take a security interest against specific collateral of the
Host in lieu of a general security interest, as separately agreed between the Host and
Humanitix as an additional term. To the extent that the Personal Property Securities Act of
the Relevant Jurisdiction (PPSA) contains any notice requirements which are able to be
waived, the Host hereby waives its rights to receive any notice under that Act unless the
notice cannot be excluded by law.
If the Host is located in Australia, the Host agrees that if Chapter 4 of the PPSA applies to the
enforcement of a security interest arising under or in connection with these terms and to the
maximum extent permitted by law, sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 128, 129, 130,
132(3)(d), 132(4), 134(1), 135, 142, 143 and Division 6 of Part 4.3 will not apply to the enforcement
of that Security Interest.
If the Host fails to pay amounts due and payable to Humanitix in accordance with these
Terms (or any Additional Terms), Humanitix may enforce its security interest in accordance
with the PPSR and will be entitled to all powers of a secured creditor, including to appoint a
receiver and dispose of secured assets to recover amounts owing.
17. Representations and Warranties
In addition to the representations and warranties contained herein, you represent and
warrant to us that:
a) If you represent an entity, that entity is duly organised, validly existing, and in good
standing under the laws of the state, province, or country of its formation
b) You, or the entity you represent (if applicable), have all requisite power and authority to
enter into this Agreement and to carry out the transactions contemplated hereby;
c) The entering into and performing of this Agreement by you, or if you represent an
entity by the entity you represent, will not result in any breach of, or constitute default
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under, any applicable local, state, provincial, national, or other law, rule, regulation,
judgement, or order, or other agreement to which you or it is a party, including
without limitation, any other agreement for the sale of tickets or registrations; and
d) If you represent an entity, you have the full right, legal power, and actual authority to
bind such entity to the terms and conditions hereof.
Further, you represent, warrant, and acknowledge that you (not we) are solely responsible for
ensuring that your events are ticketed correctly, and that only valid tickets are honoured. You
understand and agree that Humanitix is not liable for any costs arising from whether a
presented ticket is or is not valid, or is or is not honoured, including any tickets procured
through, or representing, fraud or deceptive practices.
18. Termination
These Terms apply to you as soon as you become a Host and continue in effect until they are
terminated. There may come a time where either you or Humanitix decides it’s best to part
ways, as described below. When that happens, these Terms will generally no longer apply.
However, as described below, certain provisions will always remain applicable to both you and
Humanitix.
Humanitix may terminate your right to use the Websites at any time:
a) if you violate or breach these Terms;
b) if you misuse or abuse the Websites, or use the Websites in a way not intended or
permitted by Humanitix; or
c) if allowing you to access and use the Websites would violate any applicable local, state,
provincial, national and other laws, rules, and regulations or would expose Humanitix
to legal liability.
In addition, Humanitix may at any time, and in its sole discretion, choose to stop offering the
Websites, or any particular portion of the Websites, or modify or replace any aspect of the
Websites, at any time. We will use reasonable efforts to provide you with notice of our
termination of your access to the Websites. You acknowledge and agree that Humanitix will
not be liable to you or any third-party as a result of its termination of your right to use or
otherwise access the Websites.
Except to the extent you have agreed otherwise in a separate written agreement between
you and Humanitix, you may terminate your access to the Websites and the general
applicability of Terms by deleting your account. If there is a separate agreement between you
and Humanitix governing your use of the Websites and that agreement terminates or
expires, these Terms (as unmodified by such agreement) will govern your use of the Websites
after such termination or expiration.
In all such cases, the Terms shall terminate, including, without limitation, your license to use
the Websites, except the following sections shall continue to apply: Section 10 (“Intellectual
Property Ownership”), Section 18 (“Termination”), Section 19 (“Disclaimer”), Section 21
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(“Limitation of Liability”), Section 22 (“Indemnification”), Section 23 (“Dispute Resolution”),
Section 24 (“Severability”), Section 26 (“Licenses and Permits Hosts Must Obtain”), Section 27
(“Notices”), Section 30 (“Entire Agreement”), and Section 33 (“Additional Miscellaneous
Provisions”).
19. Disclaimer
We strive to provide our Websites in the way you need them, but there are some things it is
important for you to understand that we cannot promise.
To the extent permitted by applicable laws, the Websites are provided on an “as is” and “as
available” basis. Humanitix expressly disclaims all warranties of any kind, express or implied,
including, but not limited to, implied warranties of merchantability, title, non-infringement,
and fitness for a particular purpose. For example, Humanitix makes no warranty that:
a) the Websites (or any portion of the Websites) will meet your requirements or
expectations;
b) the Websites will be uninterrupted, timely, secure, or error-free; or
c) the results that may be obtained from the use of the Websites will be accurate or
reliable.
Humanitix uses commercially reasonable efforts to ensure that the Websites are available
without interruptions and transmissions are error-free. However, by the nature of the Internet,
this cannot be guaranteed. In addition, Humanitix may take some or all of the Websites down
for planned repair or maintenance from time to time. Humanitix will use commercially
reasonable efforts to notify you prior to such planned repairs or maintenance.
You acknowledge that Humanitix has no control over and does not guarantee the quality,
safety, accuracy, or legality of any event or Host Content associated with an Event, the truth or
accuracy of any information provided by Users or Attendees (including Attendees’ personal
information shared with Hosts in connection with events), or the ability of any User or
Attendee to perform or actually complete a transaction. Humanitix has no responsibility to
you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties
whose services Humanitix engages as necessary in order to provide the Websites, that a Host
chooses to engage in order to assist with an event, or with whom you otherwise choose to
contract when using the Websites.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have
other statutory rights. However, the duration of statutorily required warranties, if any, will be
limited to the maximum extent permitted by law.
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20. Force Majeure
Humanitix shall not be liable for any failure to and/or delay in performing and/or complying
with its obligations to Hosts under these Terms as a result of any Force Majeure Event, which
means any of the following:
a) act of God;
b) health emergency such as a global pandemic;
c) hostility (whether war is declared or not), civil war, rebellion, revolution, insurrection,
act of terrorism, or enemy action;
d) military or usurped power or confiscation, nationalisation or national, state, and/or
local government sanction, regulation, restriction, or emergency (declared or
undeclared);
e) riot, crime, or civil commotion;
f) unavoidable casualty, fire, or earthquake;
g) interruption or failure of electricity or utilities, electrical utilities, or mechanical
difficulty, inability to obtain labour, lack of materials, strike (regardless of the cause),
lockout, work stoppage, or other labour disturbance;
h) adverse weather conditions (e.g., rain, snow, lightning, etc.); or
i) any other cause or condition, whether similar or dissimilar to any of the foregoing,
beyond the reasonable control of Humanitix.
21. Limitation of Liability
To the extent permitted by applicable laws, or as otherwise set forth herein, Humanitix and
any Person associated with Humanitix’s provision of the Websites (e.g., an affiliate, vendor,
strategic partner or employee) (“Associated Parties”), will not be liable to you or any third
party, for:
a) any indirect, incidental, special, consequential, punitive or exemplary damages,
including, but not limited to, damages for loss of profits, goodwill, use, data,
opportunity costs, intangible losses, or the cost of substitute Websites (even if
Humanitix has been advised of the possibility of such damages);
b) Host Content or Trademarks; or
c) any feedback that you give or receive.
The maximum aggregate liability of Humanitix is limited to the following:
i) For Hosts of event(s) with paid tickets, the payments collected by the Event Host (net
of Fees payable to Humanitix) for the relevant Event(s) in the three (3) month period
immediately preceding the circumstances giving rise to the claim, or one thousand
U.S. dollars ($1,000), whichever is less, payable in the currency of the Relevant
Jurisdiction.
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ii) For Hosts of free events that are not paying any Fees or additional costs for Humanitix
services, Humanitix excludes its liability for all damages or losses.
Nothing in these Terms is intended to exclude or limit any condition, warranty, right, or
liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the
exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or
damage caused by willful acts, negligence, breach of contract or breach of implied terms, or
incidental or consequential damages. Accordingly, only those liability and other limitations
which are lawful in the Relevant Jurisdiction (if any) will apply to you and our liability shall be
limited to the maximum extent permitted by Applicable Laws.
22. Indemnification
You agree to cover Humanitix if You cause (directly or indirectly) Humanitix to be the subject
of a legal matter, or to face other claims, losses, or expenses, or as otherwise set out in this
section, to the extent permitted by Applicable Laws.
You agree to defend, indemnify, and hold harmless Humanitix and each of its respective
officers, directors, agents, co-branders, licensors, and other partners and employees, from and
against any and all claims, liabilities, damages, losses, and expenses (including attorney and
accounting fees and costs), arising out of or in any way connected with:
a) Your access to, use of, or alleged use of the Websites;
b) Your violation of the Terms or any Applicable Laws;
c) Your violation of any third party right, including without limitation any intellectual
property right, publicity, confidentiality, property, or privacy right;
d) any disputes or issues between You and any third party;
e) an Event that does not occur as initially specified, including, but not limited to, a
change in time, date, location, or material changes to the content, performances, or
other programming as initially specified;
f) providing refunds to Attendees under section 8 “Refunds”; or
g) any other action You take, including operation, management, or organisation of the
Events You list on the Websites.
Humanitix reserves the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by You, and in such case, You
agree to cooperate with our defense of such claim.
23. Dispute Resolution
General.
Before court proceedings may be commenced, other than for urgent interlocutory relief, the
following steps must be taken to attempt to resolve any dispute that arises in connection
with these Terms (including any dispute as to the validity, breach or termination of these
Terms, or as to any claim in tort, in equity or pursuant to any statute).
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Contact Us First.
If you have a question or concern about the Websites, please contact us first. Our support
team will try to answer your question or resolve your concern.
In the unlikely event that our support team is unable to resolve your concerns within 14
calendar days, either of the parties (you or we) may send the other a written formal dispute
notice.
Mediation.
Within 7 calendar days of a formal dispute notice being received, the parties must discuss
whether they are willing to refer the dispute to the Resolution Institute for mediation in
accordance with the Resolution Institute’s Mediation Rules. If the parties agree to engage in
mediation, the Resolution Institute may be contacted at:
Name: Resolution Institute (ACN 008 651 232)
Address: Suite 602, Level 6 Tower B, Zenith Centre, 821-843 Pacific Hwy, Chatswood
NSW 2067
Email: infoaus@resolution.institute
Telephone: +61 2 9251 3366
The parties must co-operate with the Resolution Institute as facilitator.
The mediation is to be conducted by a mediator who is independent of the parties and
appointed by agreement of the parties or, failing agreement within 7 calendar days of the
dispute being referred to the Resolution Institute, by a person appointed by the Chair of
Resolution Institute, or the Chair’s designated representative.
If the parties do not agree to engage in mediation, or if that mediation is terminated without
agreed resolution of the dispute, then either party may begin court proceedings in
accordance with Section 25.
This Section 23 will survive termination of these Terms.
24. Severability
It is our belief that these Terms do not contain any provision contrary to law. However, if any
part of these Terms is determined to be illegal, invalid, or unenforceable, you agree that:
a) that part shall nevertheless be enforced to the extent permissible in order to effect the
intent of these Terms, and
b) the remaining parts shall be deemed valid and enforceable.
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25. Applicable Law and Relevant Jurisdiction
Relevant Jurisdiction means New South Wales, Australia.
Each party submits to the non-exclusive jurisdiction of the courts of the Relevant Jurisdiction
with respect to any proceedings in connection with these Terms and waives any objection it
may have to proceedings being heard by such courts including on the grounds that it is an
inconvenient forum.
26. Licenses and Permits Hosts Must Obtain
As a Host, without limiting the generality of any representations or warranties provided
elsewhere in these Terms, you represent and warrant to us that:
a) You and your affiliates will obtain, before commencing any sales of any tickets to your
Event(s), all applicable licenses, permits, and authorisations required by the Applicable
Laws in the Relevant Jurisdiction, including, but not limited to, any state, county,
municipal or other local authority’s authorisation of the Event, traffic engineering
authorisations, fire department inspection reports, authorisation to receive minors (if
applicable), health and safety permits, sanitary authorisation (if applicable), and any
other potential applicable authorisation (individually and collectively, “Licensure”) with
respect to Events hosted by your or your affiliates. You acknowledge and agree that
you’re fully responsible for assessing your own Licensure obligations in areas where
you’re hosting an Event and that Humanitix cannot give you Licensure advice. We
encourage you to consult a legal professional if you’re not sure what your Licensure
obligations are;
b) You and your affiliates will comply, and will ensure that the venues for each Event
hosted by you or your affiliates will comply, with all Applicable Laws;
c) You and your affiliates will maintain in force throughout the term during which you
sell tickets through Humanitix the applicable Licensure for Host to promote, produce,
sponsor host and sell tickets for all events hosted by you or your affiliates on the
Websites;
d) Without limiting the generality of any release provided under these Terms, you hereby
agree to release Humanitix, and its affiliates and subsidiaries, and each of its and their
respective parent companies, subsidiaries, officers, affiliates, representatives,
shareholders, contractors, directors, agents, partners and employees from all damages
(whether direct, indirect, incidental, consequential or otherwise), losses, liabilities,
costs and expenses of every kind and nature, including, without limitation, attorneys’
fees, known and unknown, arising out of or in any way connected with your or your
affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in
obtaining or maintaining any Licensure; and
e) Without limiting your indemnification obligations elsewhere under these Terms, you
agree to defend, indemnify and hold Humanitix, and its affiliates and subsidiaries, and
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each of its and their respective officers, directors, agents, co-branders, licensors,
payment processing partners, other partners and employees, harmless from any and
all damage (whether direct, indirect, incidental, consequential or otherwise), loss,
liability, cost and expense (including, without limitation, reasonable attorneys’ and
accounting fees) resulting from any Claim due to or arising out of your or your
affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in
obtaining or maintaining any Licensure. You agree to provide evidence of Licensure
and related information prior to offering tickets or registrations for events on the
Websites and promptly upon the reasonable request of Humanitix from time to time.
27. Notices
Notices to you may be sent via email or regular mail to the email address associated with
your account as a Host. We may also provide notices of changes to these Terms or other
matters by displaying notices or links to notices to you on the Websites.
If you wish to contact Humanitix or deliver any notice, you can do so at Humanitix, Attn:
Legal Department, Level 1, 1-5 Hickson Road, The Rocks, NSW 2000, Australia or via email
to events@humanitix.com.
28. Modifications to the Terms or Websites
Humanitix reserves the right to modify these Terms from time to time (collectively,
“Modifications”). If we believe the Modifications are material, we will inform you about them
by doing one (or more) of the following:
a) posting the changes through the Websites;
b) updating the “Updated” date at the top of this page; or
c) sending you an email message about the Modifications.
Modifications that are material will be effective thirty (30) days following the “Updated” date
or such other date as communicated in any other notice to you. Modifications that are simply
addressing new functions we add to the Websites or which do not impose any additional
burdens or obligations on you will be effective immediately. You are responsible for reviewing
and becoming familiar with any Modifications. Your continued use of the Websites following
Modifications constitutes your acceptance of those Modifications and the updated Terms. In
certain circumstances, Humanitix may seek a Modification to these Terms that will only apply
to you. This type of Modification must be accomplished by way of a written or electronic
document signed by you and an authorised officer of Humanitix.
Humanitix is constantly evolving our products and Websites to better meet the needs of our
Hosts and Attendees. Because of this, we cannot guarantee the availability of certain product
features or functionality. Humanitix reserves the right to modify, replace or discontinue any
part of the Websites or the entire Websites at any time and at our sole discretion.
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29. Assignment
We may, without your consent or approval, freely assign these Terms and our rights and
obligations under these Terms whether to an affiliate or to another entity in connection with
a corporate transaction or otherwise.
30. Entire Agreement
Except as otherwise set forth herein, these Terms constitute the entire agreement between
you and Humanitix and govern your use of the Websites, superseding any prior or
contemporaneous agreements, proposals, discussions or communications between you and
Humanitix on the subject matter hereof, other than any written agreement for Websites
between you and an authorised officer of Humanitix relating to a specified event or events.
31. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for
improvements to the Websites (Feedback). Any Feedback you submit to us will be
considered non-confidential and non-proprietary to you. By submitting Feedback to us, you
grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license
to use and publish those ideas and materials for any purpose, without compensation to you.
32. Third Party Websites, Linked Accounts, and Third
Party Offers
The Websites may provide, or any Users, Attendees, or Hosts may provide, links to other
Internet websites or resources. For example, by using any search functionality or address
auto-population tools, you are bound by the Google Maps/Google Earth Additional Terms of
Use (including the Google Privacy and Cookie Policy). Because Humanitix has no control over
such websites and resources, you acknowledge and agree that Humanitix is not responsible
for the availability of such websites or resources, and does not endorse and is not responsible
or liable for any Third Party Content, advertising, offers, products, websites or other materials
on or available from such websites or resources, or any damages or losses related thereto,
even if such websites or resources are connected with Humanitix partners or third party
service providers. For example, if you purchase ticket insurance on Humanitix from a third
party, your contractual relationship is with the third party ticket insurance provider, not
Humanitix.
33. Additional Miscellaneous Provisions
Our failure to enforce any part of these Terms will not constitute a waiver of our right to later
enforce that or any other part of these Terms. No oral waiver, amendment or modification of
these Terms will be effective. If any provision of these Terms is found to be unenforceable,
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that part will be limited to the minimum extent necessary and the other provisions of these
Terms remain in full force and effect. Section titles in these Terms are for convenience and
have no legal or contractual effect. No employment, independent contractor, agency,
partnership, joint venture or other such relationship is created by these Terms. We may
translate these Terms into other languages for your convenience. If there is a conflict between
the English version and a translated version, the English version will control.
34. Australian and New Zealand Consumer Law
Amendments
If you are located in Australia or New Zealand and are a Consumer under the definition set
forth by either the Australian or New Zealand Consumer Law while using the Websites, then
the following amendments to the Terms apply to you (as applicable):
Section 19 (“Disclaimer”) of the Terms is deleted in its entirety and replaced with the
following:
o To the extent permitted by the Australian or New Zealand Consumer Law,
Humanitix hereby expressly disclaims all warranties of any kind, express or
implied, including, but not limited to, implied warranties of merchantability,
title, non-infringement and fitness for a particular purpose. Nothing herein is
intended to remove your rights to statutory guarantees provided by the
Australian Consumer Laws to the extent such statutory guarantees are
applicable.
o Humanitix does not assume any responsibility for the content, products,
services, actions or inactions of any User, Attendee, or third party before, during
and/or after an Event. You acknowledge and agree that Humanitix has no
control over and does not guarantee the quality, safety or legality of Events for
which tickets are offered through the Websites, the truth or accuracy of any
Users or Attendees’ content or listings, or the ability of any User to perform or
actually complete a transaction and Humanitix is not affiliated with, and has no
agency or employment relationship with, any third party service provider used
in conjunction with the Websites, and Humanitix has no responsibility for the
acts or omissions of any such third party. However, Humanitix wants its
customers to report any such misconduct in connection with the Websites by
contacting us.
The final sentence of Section 21 (“Limitation Of Liability”) of the Terms is replaced with
the following:
o “The foregoing disclaimers shall not apply to the extent prohibited by laws
applicable to you, including the Australian or New Zealand Consumer Law, and
nothing herein is intended to remove your rights under the Australian or New
Zealand Consumer Law, if any. To the extent that Humanitix is required to
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make certain statutory guarantees under the Australian or New Zealand
Consumer Law and is entitled to limit the remedies available to you for breach
of such guarantees, Humanitix expressly limits its liability for breach of such
non-excludable statutory guarantees to the following remedies:
supplying the affected services again; or
paying the cost of supplying the services again.
35. Questions
If you have any questions, please get in touch with our Customer Service.
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Annexure I - Data Processor Clauses
1. Data Protection
1.1. Each party will comply with all data protection and privacy laws applicable to any
personal data including, as applicable, the General Data Protection Regulation
2016/679 (“EU GDPR”) and all national legislation implementing or
supplementing the EU GDPR, the UK GDPR and the Data Protection Act 2018
("Data Protection Laws").
1.2. To the extent that Humanitix is a processor of personal data processed in relation
to this Agreement ("Personal Information"), the Personal Information processed
under this Agreement are described as follows:
Subject Matter of the Processing: Humanitix's provision of the Services to the
Host;
Nature and Purpose of the Processing: the collection, analysis, storage,
duplication, deletion and disclosure as necessary to provide the Services;
Duration of Processing: the duration of the Agreement, or until the Personal
Information is no longer necessary for the purposes of either party
performing its obligations under the Agreement unless otherwise agreed
between the parties in writing;
Categories of Data Subjects: may include Attendees to the Host’s events; and
Types of Data: may include contact details (for example, first name, last
name, email address, phone number), address, postcode, event registration
and attendance information, dietary requirements for catering, accessibility
information, place of work information to facilitate networking opportunities,
socio-economic information to apply for funding, next of kin information etc.,
and any other information which may be required by the Hosts for the
purposes of the event;
and Humanitix will:
a) only process Personal Information in accordance with the Host's written
instructions (including this Agreement), unless otherwise required under
applicable law (in which case Humanitix will notify the Host unless prohibited
from so doing by applicable law), and will promptly inform the Host if, in
Humanitix's opinion, an instruction infringes applicable Data Protection Laws;
b) implement appropriate technical and organisational measures to protect the
Personal Information, and ensure that any personnel authorised to access
Personal Information are under appropriate obligations of confidentiality;
c) notify the Host of any personal data breach without undue delay of becoming
aware of such personal data breach, and provide the Host with reasonable
assistance in respect of a personal data breach;
d) taking into account the nature of processing and the information available to
Humanitix, provide reasonable assistance to the Host in relation to the Host’s
obligations under Data Protection Laws with respect to: data protection
impact assessments; notifications to a supervisory authority and/or to data
subjects in response to a personal data breach; or the Host’s compliance with
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its obligations under the EU GDPR or UK GDPR (as applicable) with respect to
the security of processing and data subject requests;
e) notify the Host of any new sub-processor under the Host's general
authorisation to appoint sub-processors under this Agreement, which the
Host hereby grants. If the Host objects to any new sub-processor, it will notify
Humanitix of such objections in writing and the parties will seek to resolve the
matter in good faith. Humanitix will enter into a written contract which
imposes terms no less protective of Personal Information than those imposed
on Humanitix in this Agreement with any sub-processor it engages in
connection with this Agreement, and will be liable to the Host for any breach
of such terms by a sub-processor to the extent required under Data Protection
Laws;
f) not process:
i) Personal Information subject to the EU GDPR outside of the EU/EEA, or
ii) Personal Information subject to the UK GDPR outside of the UK,
without the Host’s prior written consent.
Subject to foregoing, if Humanitix transfers any Personal Information to a
sub-processor that processes Personal Information outside the EU/EEA or the
UK (as applicable), Humanitix will ensure that such transfer complies with
Data Protection Laws;
g) make available to the Host such information in Humanitix's possession or
control as the Host may reasonably request with a view to demonstrating
Humanitix's compliance with this Agreement, and allow for reasonable audits
by the Host or its third-party representatives;
h) as soon as reasonably practicable following, and in any event within sixty
(60) days of, termination or expiry of the Agreement or completion of the
Services, delete or return to the Host (at the Host's direction) all Personal
Information.
1.3. To the extent Humanitix and the Host are each a separate controller of Personal
Information, each party will:
a) implement appropriate technical and organisational security measures to
protect Personal Information;
b) respond to any rights requests or complaints from data subjects in
compliance with Data Protection Laws and provide reasonable assistance to
the other party in responding to any such requests or complaints (including
with any verification of data subjects); and
c) if either party receives any communication from a supervisory authority which
relates to the other party's processing of Personal Information, it shall, to the
extent permitted by law, promptly forward such communication to the other
party and provide the other party with reasonable co-operation and assistance
in relation to the same.
1.4. In this clause 1.4, “controller”, “data subject”, personal data breach”,
process/processing”, processor” have the meanings given to them in the UK
Data Protection Laws.
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Host Refund Policy Requirements
Last Updated: 20 March 2024
As a global marketplace of events of all shapes and sizes, Humanitix understands the
importance of providing a clean, well-lit platform where attendees of events ("Attendees")
have full disclosure of the terms of their purchase and where those terms meet certain
minimum requirements. For that reason, Humanitix has created the following requirements
governing the refund policies of event hosts of paid events ("Hosts") for which tickets are
offered through the Humanitix Websites (the "Refund Policy Requirements"). The rights and
obligations contained in these Refund Policy Requirements are in addition to and are
incorporated into the Terms of Use (“Terms”) by reference, and any term not defined herein
will have the meaning provided in the Terms.
1. Refund Policies and Administration
Minimum Requirements.
We understand that refund policies vary depending on the type of event and the Host.
Because of that, we provide flexibility for Hosts to post their own policies with respect to their
events, so long as they meet the following minimum requirements:
Refund policies must be posted on the applicable event page;
“No refund” policies are permissible, but must be clearly identified as such and must
otherwise comply with these minimum requirements;
Refund policies (including “no refund” policies) must provide for a refund or other
accommodation through which the Host will “make good” on its obligations to
Attendees for failure to provide the advertised goods and services (e.g., event
cancellation). If the Host is offering Attendees an event credit or other
accommodation through which the Host will “make good” on its obligations to
Attendees in lieu of a purchase price refund, then:
o Such credit or other accommodation must be of equal or greater value to the
value of the ticket for the cancelled event; and
o Such value and all terms applicable to such credit or other accommodation
(including but not limited to the period in which such credit or other
accommodation must be redeemed, if such limitations are permitted by
applicable law (as to which the Host bears sole responsibility for compliance)
must be clearly communicated to the Attendees.
Further, in the event that the Host fails for any reason to honour a credit or other
accommodation, including without limitation by failing to hold the event(s) for which
such credit or other accommodation was redeemed, Humanitix shall be entitled to
exercise all rights granted to it under the Terms, including but not limited to the right
(but not the obligation) to seek to issue refunds to impacted Attendees(s) and collect
such sums directly from the Host to the extent that such refunds can be made by
Humanitix;
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Refund policies (including cash or credit refunds) must comply with all applicable
local, state, provincial, national and other laws, rules and regulations;
Refund policies must include specific instructions on how to obtain a refund,
including how, when and where to direct a refund request;
Refund policies may not be changed retroactively or to otherwise affect Attendees’
entitlement to relief in connection with purchases made prior to the date of such
change and its posting to the applicable event page, unless such changes operate to
place impacted Attendees in an equal or better position as they were under the policy
in place at the time of purchase. For example, where a Hosthas posted a policy under
which refunds may be obtained if requested in a specified method or time period,
such Host may not transition to a “No refunds” policy with respect to any purchase
already made at the time of such attempted transition. However, where a Host has
posted a “No refunds” policy, such Host may transition to a policy that allows for
refunds with respect to any purchase already made as of the time of such transition;
Refund policies must set out a specific time frame within which refund requests will
be responded to, which should not exceed five (5) business days for a first response;
and
Refund policies must otherwise be fair and reasonable.
If a refund policy is not posted or does not meet these minimum requirements set forth
above, Humanitix may (but has no obligation to) modify such refund policy such that it meets
these minimum requirements. Such modification may take the form of prospectively making
changes to the Host’s posted refund policy on the applicable event page or retroactively
applying such changes at the time of a dispute, chargeback and/or refund request.
Refund Process.
Hosts are responsible for managing their own refund processes, and you acknowledge and
agree that Humanitix has no obligation to manage or otherwise have any involvement in
your refund process. In order to initiate a refund request, Humanitix instructs Attendees to
contact the Host directly. If no contact information is listed, Humanitix instructs the
Attendees to use the “Contact Host” button on the order confirmation email, event page or
such other information posted on the event page. The Host agrees to administer its refund
policy in accordance with the terms set forth on the applicable event page and the minimum
requirements set forth above.
If you have any questions about establishing and managing a refund process, please contact
us.
2. No Insurance or Guarantee
These Refund Policy Requirements are not intended to be and do not constitute an offer to
insure the performance of or to guarantee the performance of any Host and are not a
guarantee that refunds will be issued in any given situation.
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