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Event Host Terms of Use

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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

These Event Host Terms of Use (Terms) apply if 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:

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 may also be applicable to you. And, by agreeing to these Terms, you acknowledge you have read the Website Terms of Use 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 our Websites, because once you create a User account/sign up you are going to be legally bound to the extent permitted by applicable law. We’re in the business of changing the world and these Terms help us protect all that hard work.

1. How to Read Our Terms

Here are some extra definitions to help you navigate these Terms with ease:

Applicable Laws
means all applicable 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;
Chargebacks and Chargeback Costs
have the meanings given in Section 8.
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;
Host Content
means any content that a Host includes in its event listing shared on the Humanitix Website;
Humanitix Gateway
means the payment method described in Section 8, under which payments for ticket purchases are collected and held by Humanitix.
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;
Limited Payments Agency
means the authority granted to Humanitix by a Host under Section 8 to perform the Payment Functions, and no other authority.
Payment Functions
means, solely in relation to ticket purchases processed through the Humanitix Gateway: (a) collecting payments from Attendees; (b) holding those payments, including funding a reserve in accordance with Section 8; (c) deducting Humanitix's fees; (d) processing refunds; (e) receiving, contesting, re-presenting and settling Chargebacks; (f) recovering Chargeback Costs; and (g) remitting amounts owed to the Host. Payment Functions do not include any other act, function or authority.
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 Cookies 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.com, 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 Regulations 2003 (each 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

To the extent permitted by Applicable Law, your use of the Websites constitutes your acknowledgment and acceptance of the Terms and the following specific requirements and Terms for the Humanitix Websites. You acknowledge and agree that you will not:

  1. a) Use the Websites for any illegal purpose, or in violation of any local, state, national, or international law;
  2. b) Violate or encourage others to violate the rights of Humanitix or any third parties, including Intellectual Property Rights;
  3. c) Post, upload, or distribute any Host Content that is unlawful, defamatory, libelous, or inaccurate;
  4. d) Interfere in any way with security-related features of the Websites;
  5. 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;
  6. 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;
  7. 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
  8. 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.

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, country of residence, copies of government identification documents, and other personal information. This information may be used, for example, 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:

  1. a) provide this information in a timely, accurate and complete manner; and
  2. b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times.

Disclosure Authorisation.

You agree 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.

4. Prohibited Hosts; Prohibited Events; Prohibited Transactions

Prohibited Hosts.

By registering for the Websites as a Host and accepting these Terms, you represent and warrant that:

  1. 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);
  2. b) You are not a person or entity or under the control of or affiliated with a person or entity that:
    1. 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;
    2. ii) Appears on the U.S. Department of State’s Terrorist Exclusion List;
    3. iii) Appears on the Bureau of Industry and Security’s Denied Persons List;
    4. iv) Appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; or
    5. v) Is subject to sanctions in any other country; and
  3. 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:

  1. a) Violate or facilitate the violation of any applicable local, state, provincial, national or other law, rule or regulation;
  2. b) Take place in Restricted Countries;
  3. c) Contain any Host Content (as defined in the Terms) that would violate the Terms or Humanitix Community Guidelines; and
  4. 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:

  1. a) Any transaction that is fraudulent or criminal in nature;
  2. b) Any transaction that would constitute a “restricted transaction” as defined in the Unlawful Gambling Enforcement Act of 2006 or Regulation GG;
  3. 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
  4. 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:

  1. a) Suspend or terminate your Humanitix account;
  2. b) Alter, edit, or remove any Prohibited Event or any portion thereof;
  3. c) Block, reverse, or refund any or all of your transactions;
  4. 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
  5. 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:

  1. a) Create event registration, Host profile and other webpages to promote, market, manage, track, and collect sales proceeds for an Event (subject, where the Humanitix Gateway is used, to Section 8); and/or
  2. 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:

  1. a) Copy, modify, reproduce, translate, localise, port, or otherwise create derivatives of any part of the Websites;
  2. b) Reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, or organisation of all or any part of the Websites;
  3. c) Rent, lease, resell, distribute, or use the Websites for other commercial purposes not contemplated, or otherwise exploit the Websites in any unauthorised manner;
  4. d) Remove or alter any proprietary notices on the Websites; or
  5. 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 username and 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:

  1. a) You must be at least 18 years of age, or the legal age of majority where you reside, to use the Websites.
  2. b) You must have not previously been suspended or removed from the Websites.
  3. c) You must register for and use the Websites in compliance with Applicable Laws.
  4. 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.
  5. 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.
  6. 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.
  7. g) You agree to not use our Websites to collect any Sensitive Information, except solely to the extent necessary to host your event; you also acknowledge and agree that you are solely responsible for ensuring that you have provided notice and obtained consent as required for any Personal Information (including Sensitive Information) that you collect or otherwise process, including where we may collect or process such information on your behalf.

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). You can grant different levels of access to different logins within your account, including to third parties to whom you have granted access. 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 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 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 to the Attendee in performance of the Payment Functions.

1. Humanitix Gateway:

All payments for ticket purchases processed through the Humanitix gateway - including buy-now-pay-later services such as Afterpay and Zip Pay where Humanitix acts as the payment intermediary and no separate Host account is held with the third party - 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:

  1. 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
  2. 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 such amounts on demand. As part of the Limited Payments Agency, and subject to the paragraph headed “Scope of the Limited Payments Agency” below, 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.

Scope of the Limited Payments Agency.

The Host appoints Humanitix as its agent solely to perform the Payment Functions, and solely in relation to ticket purchases processed through the Humanitix Gateway. That appointment is limited as follows:

  1. a) Humanitix is not the Host's agent for any other purpose, and in particular is not the Host's agent in relation to the Event, the contract between the Host and any Attendee, the Host's refund policy, the Host's marketing or promotion, the licenses and permits referred to in Section 26, or the Host's dealings with any third party;
  2. b) Humanitix is not the agent of any Attendee;
  3. c) Humanitix has no authority to bind the Host, to accept service of process on the Host's behalf, to admit liability on the Host's behalf, or to compromise or settle any claim, other than to contest, re-present and settle a Chargeback;
  4. d) Humanitix is not a trustee or fiduciary of the Host or of any Attendee, and does not hold any amount on trust for either;
  5. e) knowledge held by either party is not imputed to the other;
  6. f) neither party is liable for the acts or omissions of the other; and
  7. g) this paragraph confers no right or benefit on any Attendee or other third party.

Nothing in this Section 8 limits Section 33.

2. Third Party Payment Gateway:

Hosts can plug in their own third party payment gateway such as Stripe, Pin Payments or Airwallex 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. Chargebacks and transaction reversals in respect of payments processed through a third party payment gateway are initiated against the Host's own account with that third party. Humanitix performs no Payment Functions and acts as agent for the Host for no purpose in respect of those payments, and has no liability for those Chargebacks or for any associated Chargeback Costs, all of which are solely the Host's responsibility.

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 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 to Attendees of the Event. Where that refund is made through the Humanitix Gateway, it forms part of the Payment Functions. 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 as a donation to Humanitix, or 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, the United States and the United Kingdom. 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 services.

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.

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 to 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. As between you and Humanitix, Site Content included in or made available through the Websites is the exclusive property of Humanitix and is protected by intellectual property 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 by Humanitix.

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 Trademarks. Hosts are encouraged to use Humanitix Trademarks when linking to an Event, but Humanitix reserves the right to approve each such use and prohibit any 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 and other intellectual property rights owned by Humanitix and/or third parties. Please note that if you copy portions of the Websites you may be violating these intellectual property rights.

Host Content.

Non-Infringement.

You may not upload or distribute content on the Websites that you do not have a right to transmit under applicable law or under applicable 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 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:

  1. a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party;
  2. b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and
  3. 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 to the extent permitted by Applicable Law and may also disclose Host Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

  1. a) comply with legal process;
  2. b) respond to claims that any of Host Content violates the rights of third parties;
  3. c) enforce or administer our terms, including without limitation, these Terms; and/or
  4. 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 and you hereby consent to such transmissions and changes.

Digital Millennium Copyright Act.

If you are a copyright owner or an authorized 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:

  1. 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, use and otherwise process from and about Attendees,
  2. b) you will at all times comply with any applicable policies and notices posted on the Websites with respect to information you collect, use and otherwise process from and about Attendees, and
  3. c) you have complied with all applicable local, state, provincial, national, and other laws, rules, and regulations governing the collection, use and all other processing of personal information, including providing notice and obtaining consent, where required, in connection with the information you collect, use and otherwise process from and about Attendees.

Additionally, as a Host, you may have the option to place cookies and similar tracking technologies (Cookies) on event pages or request that Humanitix place such Cookies on your behalf. If you choose to do so, you acknowledge and agree that you are solely responsible for such Cookies, including the collection and processing of information through such Cookies. You represent, warrant and agree that

  1. a) you will at all times comply with all applicable local, state, provincial, national, and other laws, rules, and regulations with respect to such Cookies,
  2. b) you will at all times comply with any applicable policies and notices posted on the Websites with respect to such Cookies, and
  3. c) you have complied with all applicable local, state, provincial, national, and other laws, rules, and regulations with respect to such Cookies, including providing notice and obtaining consent, where required, in connection with your use of such Cookies, including for any actions that we take on your behalf.

Where applicable, the parties agree that the legal obligations governing controller-to-processor relationships as set forth under Annexure I are hereby incorporated into these Terms.

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, warrant and agree that:

  1. 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;
  2. b) Your emails are sent in full compliance with any privacy notices under which the recipient emails were gathered;
  3. 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, the EU and UK GDPR, the EU e-Privacy Directive and the UK Privacy and Electronic Communications Regulations;
  4. d) You will only use the Email Tools to communicate with Attendees about an Event listed on the Websites;
  5. e) Your use of the Email Tools and the content of your emails will fully comply with these Terms;
  6. f) You will not use false, misleading or deceptive headers or subject lines in emails sent using the Email Tools;
  7. 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;
  8. 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.

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 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 the Host’s entitlement to the proceeds of ticket sales does not arise 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:

  1. 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
  2. b) You, or the entity you represent (if applicable), have all requisite power and authority to enter into these Terms and to carry out the transactions contemplated hereby;
  3. c) The entering into and performing of these Terms by you, or if you represent an entity by the entity you represent, will not result in any breach of, or constitute default 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
  4. 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 acknowledge and agree that you (not we) are solely responsible for ensuring that your events are ticketed correctly, and that only valid tickets are honoured. You acknowledge 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 (or as otherwise provided herein). 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 continue to remain applicable to both you and Humanitix.

Humanitix may terminate your right to use the Websites at any time:

  1. a) if you violate or breach these Terms;
  2. b) if you misuse or abuse the Websites, or use the Websites in a way not intended or permitted by Humanitix; or
  3. 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 that the following sections and any provisions that, by their nature or express terms, are intended to survive shall continue to apply: Section 4 (“Prohibited Hosts; Prohibited Events; Prohibited Transactions”) with respect to the remedies listed therein, Section 8 (“Fees, Payments and Refunds”), to the extent it relates to Chargebacks, Chargeback Costs and the Host's reimbursement obligations, Section 10 (“Intellectual Property Ownership”), Section 18 (“Termination”), Section 19 (“Disclaimer”), Section 21 (“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”) and, to the extent applicable, Annexure I (Data Processor Clauses) for the periods of time set forth therein.

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:

  1. a) the Websites (or any portion of the Websites) will meet your requirements or expectations;
  2. b) the Websites will be uninterrupted, timely, secure, or error-free; or
  3. 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 and scope of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.

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:

  1. a) act of God;
  2. b) health emergency such as a global pandemic;
  3. c) hostility (whether war is declared or not), civil war, rebellion, revolution, insurrection, act of terrorism, or enemy action;
  4. d) military or usurped power or confiscation, nationalisation or national, state, and/or local government sanction, regulation, restriction, or emergency (declared or undeclared);
  5. e) riot, crime, or civil commotion;
  6. f) unavoidable casualty, fire, or earthquake;
  7. 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;
  8. h) adverse weather conditions (e.g., rain, snow, lightning, etc.); or
  9. 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, Humanitix and our affiliates, officers, directors, agents, co-branders, licensors, and other partners and employees (“Associated Parties”), will not be liable to you or any third party for:

  1. 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);
  2. b) any Claims arising out of or relating to Host Content, any feedback that you give or receive, or your use of any Trademarks, including any alleged infringement of Intellectual Property Rights; or
  3. c) any Claims arising out of or relating to your use of Cookies (including where Humanitix places such Cookies on your behalf).

The maximum aggregate liability of Humanitix is limited to the following:

  1. 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.
  2. 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 allowed under Applicable Law (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 the Associated Parties, from and against any and all claims, liabilities, damages, losses, and expenses (including attorney and accounting fees and costs) (“Claims”), arising out of or in any way connected with:

  1. a) Your access to, use of, or alleged use of the Websites, including without limitation any Cookies you place (or direct us to place) on the Websites;
  2. b) Your violation of the Terms or any Applicable Laws;
  3. c) Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;
  4. d) any disputes or issues between You and any third party;
  5. 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;
  6. f) providing refunds to Attendees under section 8 “Refunds”; or
  7. g) any other action You take in connection with the 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).

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:

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 acknowledge and agree that:

  1. a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of these Terms, and
  2. b) the remaining parts shall be deemed valid and enforceable.

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:

  1. 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;
  2. 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;
  3. 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;
  4. 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
  5. e) Without limiting your indemnification obligations elsewhere under these Terms, you agree to defend, indemnify and hold Humanitix, and its affiliates and subsidiaries, and 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 addresses 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:

  1. a) posting the changes through the Websites;
  2. b) updating the “Updated” date at the top of this page; or
  3. 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.

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 may be subject to the Google Maps End User Additional Terms of Service (including the Google Privacy 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, 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. Except for the Limited Payments Agency expressly granted under Section 8, no employment, independent contractor, agency, partnership, joint venture, trustee, fiduciary 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):

35. Questions

If you have any questions, please get in touch with our Customer Service.

Annexure I - Data Processor Clauses

1. Data Protection

  1. 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").
  2. 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:

    1. 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;
    2. 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;
    3. 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;
    4. 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 its obligations under the EU GDPR or UK GDPR (as applicable) with respect to the security of processing and data subject requests;
    5. 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;
    6. f) not process:
      1. i) Personal Information subject to the EU GDPR outside of the EU/EEA, or
      2. 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;

    7. 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;
    8. 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.
  3. 1.3. To the extent Humanitix and the Host are each a separate controller of Personal Information, each party will:
    1. a) implement appropriate technical and organisational security measures to protect Personal Information;
    2. 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
    3. 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.
  4. 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.

Host Refund Policy Requirements

Last Updated:

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:

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.