Vision Events Australia ABN 27 175 702 641
Vision Events Australia ABN 27 175 702 641, and their legal affiliates, employees, managers, officers, agents and partners (collectively “Vision”) have created and manage the Vision website and any other affiliated products (the “Services”) for Your use and enjoyment.
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Services and in all of the material (including all text, graphics, logos, audio and software) made available on the Services (“Content”).
USE OF OUR SERVICES
The use of the Services is limited to people of the age of 13 or over. No one under the age of 13 is permitted to use the Services. Some Services provided by Vision may be exclusive to age groups older than 13.
It is important that You read and understand the Terms carefully.
By using the Services, You warrant that:
- You are entering into a binding agreement with Vision;
- You have the legal capacity to access and use the Services;
- You have the right to enter into the Terms in accordance with the laws of Your jurisdiction;
- You understand and consent to all of the Terms;
- You understand and agree that You use the Services at Your own risk;
- You will comply with all of the Terms and all relevant state, national and international laws, treaties, codes, rules and regulations with respect to the Services;
- You are solely responsible for Your interaction with other users of the Services, whether online or offline. You agree that Vision is not responsible or liable for the conduct of any user;
- You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and You must not post private or confidential information via the Services, including, without limitation, Your or any other person’s credit card information, tax file numbers, social security numbers, non-public phone numbers or non-public email addresses;
- You will not use the Services for illegal, or unauthorised purposes;
- You will not create accounts with the Services through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
- You will not access any part of the Services by means other than those provided for by the Services (including but not limited to Collective ’s API) without written consent from Vision;
- You will not attempt to restrict another user from using or enjoying the Services and You must not encourage or facilitate violations of these Terms or any other Collective terms;
- You are responsible for all data charges You incur through use of the Services;
- You will not interfere with or disrupt the Services, or any servers or networks provided to Collective by any means;
- You will not create false accounts for the purposes of deceiving, confusing, imitating or affecting the reputation of any individual, group, business, entity or brand; and
- By accessing or using the Services You represent and warrant that Your activities are lawful in every jurisdiction where You access or use the Services.
If You violate any of the Terms, Vision may, in their absolute discretion, terminate Your account, block or suspend You from using all or part of the Services or delete any content or comments you have made on the Services without providing any prior notice to You.
Further, You agree that if You are using the Services on behalf of a business, partnership, company or any other commercial entity that You have express permission to do so and all necessary authority to bind that entity to the Terms and grant all licences set out in the Terms.
- We reserve the right to refuse access to the Services to anyone for any reason at any time.
- We reserve the right and sole discretion to determine that You have breached these Terms.
- We reserve the right, but are not obligated, to monitor or become involved in disputes between You and other users.
- You agree that Vision does not endorse and is not responsible for any Content posted within the Service.
- Vision is not obligated to pre-screen, monitor, edit, or remove any Content.
- We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our absolute discretion violates these Terms.
- If Your Content violates these Terms, You may bear legal responsibility for that Content.
- Any interaction You have with third parties through Your interaction with the Service, whether endorsed by Vision or otherwise is solely Your responsibility.
- The Services or any correspondence that Vision may send You relating to the Services may contain links to, or information about third party websites, applications, features or services.
- You expressly acknowledge and agree that Vision is in no way responsible or liable for any such third-party information, websites, applications, features or services and that You use them at Your own risk and absolute discretion and You hold Vision harmless for any damage You may incur through the use of such third-party information, websites, applications, features or services.
- Although it is Vision’ intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
- Vision reserves the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by Vision, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
- Vision encourages You to maintain Your own backup of Your Content. In other words, Vision is not a backup service and You agree that You will not rely on the Services for the purposes of Content backup or storage.
- Vision will not be liable to You for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
- You acknowledge that the internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
- You agree that if You volunteer feedback, ideas, improvements, concepts or suggestions to Vision, Vision can use Your ideas without providing You with any form of compensation or notice.
VISION’ INTELLECTUAL PROPERTY
Unless otherwise indicated, Vision owns the intellectual property related to the Services.
- Vision grants You a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sub-licensable licence to access and use the Services. This licence is for the sole purpose of letting You use and enjoy the Services in accordance with the Terms.
- Any software that forms part of the Services may automatically download and install upgrades, updates or other new features. You may be able to adjust these automatic downloads through Your device’s settings.
- You must not copy, modify, distribute, sell or lease any part of the Services.
- You must not reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or You have Vision’ express written permission to do so.
- Vision owns or licences content which is contained in the Services (“Vision Content”). Vision’ Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between You and Vision, Vision owns and retains all rights in the Vision’ Content and the Service.
- You must not alter, conceal or remove any trademark, copyright, logo, Services mark or other proprietary rights notices accompanying or incorporated in the Vision Content
- You must not adapt, reproduce, modify, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Vision Content.
- The Vision name and logo are trademarks of Vision, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Vision. In addition, all page headers, custom graphics, button icons and scripts are Services marks, trademarks and/or trade dress of Vision, and may not be copied, imitated or used, in whole or in part, without prior written permission from Vision.
YOUR INTELLECTUAL PROPERTY
- You acknowledge and accept that parts of the Services may be supported by advertising revenue and the Services may display advertisements and promotions from time to time. You consent to Vision placing advertising and promotions on the Services and consent to Vision using or referring to Your Content in such advertising and promotions. The form, type and volume of such advertising and promotions are subject to change at any time in Vision’ absolute discretion without any notice to You.
- You acknowledge that Vision may not always identify paid services, sponsored content or commercial communications as such.
- You warrant that:
- You own the Content posted by You on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms;
- the posting and use of Your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- You agree to pay for all royalties, fees, and any other monies owed by reason of Content You post on or through the Service;
- You have the legal capacity to access and use the Services You; and
- You have the right to enter into the Terms in accordance with the laws of Your jurisdiction.
WEBSITE MATERIAL NOT ADVICE
Vision Content, publications or information provided by Vision is for Your information and interest only. They are not intended to be comprehensive, and they do not constitute and must not be relied on as advice.
NO BUSINESS-CLIENT RELATIONSHIP
Your use of this website or the receipt of any information from us or this website is not intended to create nor does it create a business-client relationship between You and Vision.
- Under no circumstances will Vision be liable for any act or omission by Vision or contained within the Services.
- Vision is not responsible to You or anyone else for any loss suffered in connection with the use of any of the Services. This includes, but is not limited to;
- the transmission of any computer virus;
- Your access to or use of or inability to access or use the Services;
- Your access to or use of or inability to access or use Your Content or Vision’ Content;
- any action taken in connection with an investigation by Vision or law enforcement authorities regarding Your or any other party’s use of the Service;
- any damage to any user’s computer, mobile device, or other equipment or technology
- any errors or omissions in the Service’s operation;
- the conduct or Content of other users or third parties on or through the Services; or
- unauthorised access, use or alteration of Your Content or posts.
- Vision makes no warranties or representations about Vision, the Services or any of the Content.
- To the maximum extent permitted by law, Vision will not be liable for any direct, indirect, incidental, economic, punitive, special or consequential loss whether express or implied. In no event will Vision’ aggregate liability for all claims relating to the services exceed the greater of $100 AUD or the amount You paid Vision, if any, in the last 12 months.
Vision does not represent that it holds the authorisations and approvals required to provide the Services in all jurisdictions where the Services may be viewed or used. You must ensure that access to and use of Vision and the Services is in accordance with the laws of Your jurisdiction.
To the extent the parties are permitted under these Terms to initiate litigation in a court, both You and Vision agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the relevant court in Brisbane, Queensland, Australia. You and Vision consent to the exclusive jurisdiction of these courts.
CHOICE OF LAW
The laws of Australia and Queensland govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of Your agreement with us if You use those Services.
- These Terms make up the entire agreement between You and Vision and supersede any prior agreements between You and Vision.
- These Terms do not create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to You.
- You may not transfer any of Your rights or obligations under these Terms without our consent.
- These Terms were written in English and if the translated version of these Terms conflicts with the English version, the English version will control; and
- Vision publishes electronic addresses on this website to facilitate communication relating to our business functions. This is not to be inferred as consent by Vision or the relevant addressees to receiving unsolicited commercial electronic messages or SPAM.