USER AGREEMENT

This Agreement serves to provide the Terms and Policies to govern the use of www.cloudentries.com.au,

as developed by CloudInc Pty Ltd ABN: 80 161 285 758 (Collectively cloudentries)


READ THIS AGREEMENT CAREFULLY BEFORE USING CLOUDENTRIES .

By using cloudentries, vendors and users agree to have read and accepted the Terms and Conditions, including cloudentries’ Privacy and Security Policies (Collectively the Agreement).   Through continued use of cloudentries vendors and users are expressly agreeing to be bound by and follow this Agreement, along with all applicable laws and regulations governing cloudentries. If vendors and users do not wish to be bound by this Agreement, do not use cloudentries .

If vendors and users choose not to be bound by this Agreement vendor and user accounts may be terminated. In the event of accounts being terminated, cloudentries is not required to provide any refund to vendors or users. (Excluding any monies owed to vendors or users resulting from services rendered or goods sold). If vendors and users violate this Agreement, cloudentries may terminate the use of its services, bar vendors and users from its future use, cancel transactions and/or take appropriate legal action against vendors and users. cloudentries reserves the right to update this Agreement at any time; any changes become effective immediately upon posting. Continued use of cloudentries, after such updates, serves as vendors and users express agreement to be bound by such updates. Each party is responsible for paying its own legal costs and disbursements in relation to the preparation and execution of this Agreement.


CONTENTS

1.         GOVERNING LAW AND INVALIDITY

2.         DISCLAIMER

3.         LIMITATION OF LIABILITY

4.         INDEMNITY

5.         CLOUDENTRIES OBLIGATIONS

6.         VENDOR OBLIGATIONS

7.         SALES AGREEMENT

8.         PROCESSING PAYMENT

9.         CLOUDENTRIES TRANSACTION FEES

10.      PRIVACY AND SECURITY

11.      DEFINITIONS


1.      GOVERNING LAW AND INVALIDITY

1.1.       This Agreement is governed by and construed in accordance with the laws of Australia the parties irrevocably submit to the jurisdiction of Australian law and shall be subject to the non-exclusive jurisdiction of the courts of Australia.

1.2.       If any provision of this Agreement shall be invalid, then the validity of the remaining provisions shall not be affected.

1.3.       This Agreement encompasses the entire understanding of the parties regarding its subject matter, and supersedes all prior and simultaneous agreements and understandings between the parties regarding its subject matter.

1.4.       No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege prevent any other or further exercise thereof or the exercise of any other such right, power, or privilege.

1.5.       Vendors and cloudentries are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

1.6.       The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.

1.7.       cloudentries shall not be liable for any delay in performing any of its obligations under this Agreement, if such delay is caused by circumstances beyond the reasonable control of cloudentries, cloudentries shall be entitled to a reasonable extension of time for the performance of such obligations.


2.      DISCLAIMER

2.1.       cloudentries makes no guarantee of any specific result from use of this site or use of its services; cloudentries further disclaims any and all liability for the acts, omissions and conduct of any users, third party users, advertisers or sponsors on the site.

2.2.       cloudentries takes no responsibility for the goods and services, services, actions or failure to act of any vendor, event organiser, venue, performer, promoter or other third party in connection with or referenced on the site.

2.3.       In no event shall cloudentries or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits.

2.4.       cloudentries makes no promise that its service will be error-free, uninterrupted, or that it will provide specific results from the use of its services, content, search or link on it.

2.5.       cloudentries ’ services and its contents are delivered on an ‘as-is’ and ‘as-available’ basis.

2.6.       cloudentries cannot ensure that files downloaded from the site will be free of contamination, viruses or destructive features.

2.7.       cloudentries disclaims all express or implied warranties, including also any implied warranties of merchantability and fitness for a particular purpose.

2.8.       cloudentries will not be liable for damages of any kind arising from the use of its services, including without limitation, direct, indirect, incidental, and punitive and consequential damages.

2.9.       cloudentries does not guarantee or warrant that vendors’ and users’ existing equipment, hardware or software is compatible with cloudentries .

2.10.     cloudentries makes no guarantee that communications through cloudentries are secure and may be subject to interception and loss of data; thus vendors and users are responsible for their own network security.

2.11.     Any user may, at any time, report alleged violations of the Agreement to cloudentries by email at: info@cloudentries.com.au - cloudentries will investigate users’ claim and, at our sole discretion, take any actions we deem appropriate.

2.12.     This User Agreement along with a Vendors Agreement and the Customers’ orders constitute the entire Sales Agreement for a vendor to supply a customer with goods or services. No other policies will apply. The contract cannot be varied unless cloudentries agrees to vary it in writing or by email.


3.      LIMITATION OF LIABILITY

3.1.       No part of this Agreement shall limit, exclude, modify or purport to limit, exclude or modify any Non-Excludable Guarantees.

3.2.       Vendors and Users agree that cloudentries:

3.2.1.      is a distributor of vendor materials and is not responsible for the content of such materials.

3.2.2.      except for Non-Excludable Guarantees, cloudentries does not provide any representations, warranties or guarantees about the cloudentries software, its accuracy, reliability, completeness, currency, or ability to achieve any purpose in any way whatsoever.

3.2.3.      is not liable for any claims in relation to Vendors’ goods and services, including their quality, merchantability or fitness for any particular purpose.

3.2.4.      except for liability for breach of any Non-Excludable Guarantees, is not liable for any loss or damage arising out of vendors’ or users’ use of cloudentries .

3.2.5.      does not warrant that vendors or users will have continuous access to cloudentries; and is not liable if cloudentries is unavailable for any reason.

3.3.       To the maximum extent permitted by law, cloudentries excludes:

3.3.1.      from this Agreement all conditions, warranties and terms implied by statute, general law or custom, except any Non-Excludable Guarantees;

3.3.2.      except for liability in relation to a breach of a Non-Excludable Guarantees, all liability to vendors and users for any loss (including, without limitation, loss of profits or opportunity and any indirect, special or consequential loss) or damage suffered as a result of claims by any third person or in connection with the services and this Agreement, even if: cloudentries knew that loss or damage was possible; or the loss or damage was otherwise foreseeable; and

3.3.3.      all liability for any negligent acts or omissions of cloudentries , its employees, agents and contractors arising out of, or in connection with, the services and this Agreement.

3.4.       To the maximum extent permitted by law, cloudentries total liability to vendors and users for any and all breaches of this Agreement or any other matter for which liability is not validly excluded under this Agreement is limited, at cloudentries option, to any one of:

3.4.1.      supplying again, the services in respect of which the breach occurred; or

3.4.2.      paying to you an amount equivalent to any amount received from you in respect of the provision of the services to which the breach or liability relates.


4.      INDEMNITY

4.1.       Vendors and users agree to indemnify cloudentries against, and must pay cloudentries on demand, the amount of:

4.1.1.      any Loss, claim, action, demand, fine, payment or legal liability which cloudentries pays, suffers, incurs or is liable for arising out of or connected with:

4.1.1.1.      a breach by vendors and users of this Agreement; or

4.1.1.2.      the death or personal injury of any person; or

4.1.1.3.      any breach of Law or infringement of a third party’s rights (including Intellectual Property Rights); or

4.1.1.4.      the supply, consumption of or failure to supply the goods or services; or

4.1.1.5.      any act or omission of fraud, dishonesty, recklessness or wilful misconduct or misrepresentation;

4.1.2.      any tax and associated penalties which may be incurred by cloudentries (including any Goods and Services Tax) arising from the performance by You of Your obligations under this Agreement.

4.2.       cloudentries agrees to indemnify vendors and users against, and must pay vendors and users on demand, the amount of any Loss, claim, action, demand, fine, payment or legal liability which vendors and users pay, suffer, incur or are liable for arising out of or connected with a breach by cloudentries of this agreement.


5.      CLOUDENTRIES OBLIGATIONS

5.1.       CLOUDENTRIES AGREES;

5.1.1.      to act solely as a service provider offering database driven member management, communications and event entries or ticketing utilities.

5.1.2.      to use reasonable commercial efforts to maintain cloudentries .

5.1.3.      to open and maintain accounts at the request of vendors and users for the purpose of enabling vendors to accept offers for goods and services from users.

5.1.4.      to charge transaction fees as agreed with vendors.

5.1.5.      to collect fees from users at the point of sale by either increasing vendors’ retail price or by reducing the amount forwarded to the vendors’ accounts.

5.1.5.1.      cloudentries has the sole responsibility for the collection of cloudentries transaction fees.

5.1.5.2.      Vendors will be responsible for any fees and charges arising from the collection, transmission and refunding of funds from users, including, but not limited to, bank fees and merchant fees.

5.1.5.3.      Vendors may, after agreement with cloudentries, choose to absorb or forward any, including, but not limited to, transaction fees, bank fees and merchant fees, to the entrant/user

5.1.6.      to provide vendors with;

5.1.6.1.      statements of all transactions made on cloudentries, such statements are available online as required.

5.1.6.2.      Initial written training and instruction materials on how to use cloudentries .

a)     Subsequently, Vendors become responsible for communicating the System instructions to all account users/authorised managers.

5.1.6.3.      access to the day’s orders as they are placed.

5.1.6.4.      services to in accordance with this Agreement.

5.1.6.5.      online technical support relating to the software - at no cost

5.1.6.6.      all updates to cloudentries when they become available - at no cost to.

5.1.7.      to keep confidential and secure;

5.1.7.1.      personal information against improper or unauthorised access or use

5.1.7.2.      not use information that is, by its nature, confidential or that is designated as confidential including, business processes, marketing activities, activities, pricing, affairs, business plans, current or potential clients and customer data.

5.1.8.      maintain (and, where necessary, renew) appropriate insurance policies, including workers’ compensation insurance, public and product liability insurance.


6.      VENDOR OBLIGATIONS

6.1.       RIGHT OF USE OF

6.1.1.      The Software that enables cloudentries’ functionality, the website and its contents is used under license issued to CloudInc Pty Ltd with an exclusive right of use in Australia.

6.1.2.      Vendors acknowledge that there is no transfer of title or ownership of the software or any modifications, updates and new releases thereto.

6.1.3.      cloudentries will have the functionality as set out in this agreement.

6.1.4.      cloudentries and all of the content remains the exclusive property of CloudInc Pty Ltd.

6.1.5.      Vendors agree to not, directly, indirectly and will not allow others to:

6.1.5.1.      reproduce, modify or adapt cloudentries software, website or its contents;

6.1.5.2.      copy the software, except as necessary to install on your equipment;

6.1.5.3.      sell, lease, transfer, give possession of, or sub-license the cloudentries software, website or its contents to others

6.1.5.4.      write or develop any derivative or other software programs, based, in whole or in part, on the cloudentries software, website or its contents

6.1.5.5.      allow any other person to reproduce, modify or adapt cloudentries software, website or its contents

6.1.5.6.      use the cloudentries software, website or its contents;

a)     so as to breach any Law, infringe a third party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority; or

b)    in connection with any information or material that may be, or that may encourage conduct that may be, unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent.

6.1.6.      Vendors agree that in marketing or promoting cloudentries, cloudentries may use vendors’ name or logo and vendors grant all necessary licenses to cloudentries to permit this.

6.1.7.      Vendors acknowledge that this Agreement does not transfer any Intellectual Property Rights to them.

6.1.8.      In using the cloudentries software, website or its contents vendors agree to;

6.1.8.1.      comply with all policies and procedures that are notified to them by cloudentries .

6.1.8.2.      keep any usernames and passwords that are provided to vendors to access cloudentries and vendor materials, confidential and secure against any improper or unauthorised access or use.

6.1.8.3.      not to allow any third parties to use such usernames and passwords.

6.1.8.4.      keep confidential any other information of cloudentries which is by its nature confidential or which is designated as confidential, including business processes, marketing activities, activities, affairs, business plans, and current or potential clients and account holders of cloudentries .

6.1.8.5.      not transmit material of any kind which contains viruses or harmful components on or through cloudentries.

6.1.9.      Vendors have the responsibility to deliver goods and services, and as such agree;

6.1.9.1.      materials displayed on cloudentries constitute an offer to users for the option to purchase displayed goods and services;

6.1.9.2.      orders placed on cloudentries constitute vendors’ acceptance of users’ offers to purchase and creates legally binding contracts between vendors and users;

6.1.9.3.      to collect all online orders from cloudentries in accordance with the procedures and Software provided by cloudentries .

6.1.9.4.      that the fulfilment of the orders is your sole responsibility, and in the event of an error in the supply of goods or services, vendors are responsible for resupplying the goods and services, or refunding users for the value of the goods and services.

6.1.9.5.      to retain the sole responsibility for quality, safety and supply of goods and services according to cloudentries’ delivery obligations.

6.1.9.6.      to comply with all applicable Laws relating to quality, safety and supply of goods and services .

6.1.9.7.      to maintain all necessary licenses and approvals and authorizations.

6.1.9.8.      to make every effort to ensure the accuracy of product descriptions displayed on cloudentries .

6.1.9.9.      to notify users once orders have been processed and send order confirmations and tax invoices via email.

6.1.9.10.   to make every effort to deliver orders within the estimated 3-14 day delivery time.

6.1.9.11.   to communicate with users when delivery will fall outside of normal 3 to 14 day delivery time.

6.1.9.12.   that delivery times must not exceed 21 working days without agreement from cloudentries and users.

6.1.9.13.   to contact cloudentries and users, if for any reason users’ orders cannot be processed, and determine requirements for reimbursement of user funds.

6.1.9.14.   to ensure that all goods are of merchantable quality; this serves to say that:

a)     goods and services are free of manufacturing defects or faults

b)    goods and services meet a level of quality relative to the price and description given.

c)     goods and services are fit for serving the purpose or job they are sold to fulfil.

d)    product matches its description and labelling as displayed on cloudentries

e)    users are provided with free title to goods and services.

6.1.9.15.   to bring all defects of goods or deviations from given information to the users’ attention before sales take place.

6.1.9.16.   to inform users of goods and services which have Manufacturers Warranties.

6.1.9.17.   to provide the conditions and warranties for all goods and services displayed on cloudentries as contained in the Commonwealth Competition and Consumer Act 2010 and as required by law.

6.1.9.18.   to ensure that warranties, returns and refund policies will meet cloudentries minimum requirements;

a)     Your warranties, returns and refund policies will be in accordance with guidelines as set out by The Australian Competition and Consumer Commission ( www.accc.gov.au - Warranties and Refunds Guide at: http://www.accc.gov.au/content/index.phtml/itemId/322947 )

b)    that warranties as offered to users are clear of finance or encumbrances and will provide free title to the goods.

                                                                  i.    Where Warranty Claims are granted to users, vendors ensure to credit users for returned goods and services including all delivery and related costs

                                                                 ii.    Where replacements are granted in Warranty claims, vendors ensure to deliver the replacement at the vendors’ expense.

                                                                iii.    Where Non-Warranty Claims are granted, any refund may be for the cost of goods and services only and may exclude related costs.

                                                                iv.    Where replacements are granted in Non-Warranty claims, vendors may deliver replacements at the users’ expense.

6.1.9.19.   at your discretion and in accordance to the following agreement, to provide users with refunds, replacements or repairs if claims are lodged within reasonable time after the sales.

6.1.9.20.   to provide credits to users returning goods and services within 14 days of dispatch, granted such goods and services are in the same brand new and packaged conditions as when dispatched, including and not limited to labels and tags still being attached.

6.1.9.21.   to inform users of receipt of returned goods within 2 working days of receipt.

6.1.9.22.   to inform users when and if refunds have been approved.

6.1.9.23.   to issue credits within two working days of approving a refund.

6.1.9.24.   to refund or replace goods that are damaged in transit at your expense.

6.1.9.25.   to replace or refund all D.O.A goods. (vendors are entitled to own methods of establishing whether or not goods were D.O.A)

6.2.       VENDORS ARE NOT OBLIGED

6.2.1.      to accept returns on evidently worn or used goods and services (such as clothes or footwear, or if sewing tags have been removed.)

6.2.2.      to accept returns of digital media such as CD’s and DVD’s unless required by legislation.

6.2.3.      to hold stock on exchanges but should ensure that credits granted can be used on completely different articles all together.

6.3.       AUTHORISED MANAGER

6.3.1.      Vendors may appoint a person(s) to act as Authorised Managers by notice in writing or email to cloudentries .

6.3.2.      Authorised Managers will be provided with usernames and temporary passwords to access relevant accounts for the purpose of viewing and modifying materials and information relating to vendor goods and services.

6.3.3.      Vendors agree to release, discharge and indemnify cloudentries from and against any claims, liabilities and expenses arising out of or in relation to Authorised Managers’ access to your account.

6.3.4.      Vendors are responsible for notifying cloudentries of any changes to Authorised Managers, including additions, deletions or changes of details, either in writing or via email.

6.4.       TERMINATION AND SUSPENSION

6.4.1.      cloudentries may terminate or suspend any licence granted under clause 6 and remove vendors’ access and participation in cloudentries ;

6.4.1.1.      If cloudentries believes that there is a threat to the security, stability or operation of the system

6.4.1.2.      cloudentries may suspend access to the system in whole or in part at any time without notice or compensation where deemed necessary in cloudentries’ sole discretion

6.4.1.3.      with immediate effect if vendors and users breach any terms of this Agreement; or

6.4.1.4.      at any time, by giving vendors and users 30 days written notice.

6.4.2.      Vendors and users may terminate this Agreement;

6.4.2.1.      with immediate effect, if cloudentries breach any material term of this Agreement; or:

6.4.2.2.      by giving 30 days written notice to cloudentries , in which case cloudentries will remove access to and participation in cloudentries .

6.4.3.      On termination of this Agreement:

6.4.3.1.      Vendors and users must cease to use and return or destroy, all copies of any cloudentries materials in vendor or user possession or control; and

6.4.3.2.      Vendor and user access to cloudentries will be removed; reconnection fees may apply if vendors or users wish to be reconnected and cloudentries agrees.

6.4.3.3.      cloudentries must cease to use and return or destroy all copies of any vendor or user materials in the possession or control of cloudentries .


7.      SALES AGREEMENT

7.1.       GENERAL

7.1.1.      Excluding where acting as an agent, cloudentries takes no responsibility for the provision or delivery of any goods and services referenced on the site and strictly provides a service whereby vendors make goods or services available to users.

7.1.2.      Through using cloudentries; vendors and users agree to be bound by all terms and conditions contained within this agreement and that vendors and users are over the age of eighteen years. If vendors and users are under the age eighteen years, vendors and users are not permitted to place or complete orders with cloudentries .

7.1.3.      Should cloudentries suffer any damage or other losses as a result of a transaction entered into by a minor, cloudentries reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order/s to be placed with cloudentries .

7.1.4.      All prices are displayed in Australian Dollars (AUD) with GST included if applicable. All prices are subject to shipping/delivery costs.

7.1.5.      Through cloudentries our vendors only sell and ship goods and services within Australia.

7.1.6.      Users may place orders by adding goods or services to the shopping cart, clicking the check-out button and processing the due payment.

7.1.7.      Orders are only considered to be complete as soon as a confirmation of payment has been processed.

7.1.8.      Always refer to relevant vendors’ terms and conditions for the selected goods or services before processing payment, these terms and conditions are available on the relevant products’ detail pages.

7.1.9.      Orders will be confirmed by cloudentries via email; however, for the purpose of preventing credit card or payment fraud, users’ offers are not formally accepted until an order has passed cloudentries internal validation procedures for verifying the bona fides of each order placed.

7.1.10.    cloudentries reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

7.1.11.    When placing orders, users will be issued with an invoice number via email. By placing an Order, users make an offer to purchase the selected goods and services from the relevant vendor based on both this agreement and the relevant products’ terms and conditions.

7.1.12.    Information contained on cloudentries constitutes an invitation to treat; no information on cloudentries constitutes or should be deemed as an offer by cloudentries to supply goods and services, however every effort will be made by cloudentries’ vendors to supply goods and services to users.

7.1.13.    Vendors will confirm acceptance of orders via email when confirming shipment/delivery of the goods or services that have been ordered.

7.1.14.    Goods and services will be delivered to the address indicated on the order confirmation.

7.1.15.    Shipping costs may vary depending on your location and the size of the order.

7.1.16.    Vendors agree to supply goods and services indicated on order confirmations.

7.1.17.    Vendors will confirm shipment and tracking numbers for items via email when orders have been dispatched.

7.1.18.    All goods are shipped within 5-21 business days of payment and usually take between 3-21 business days to arrive at the nominated destination; however, our vendors’ cannot guarantee delivery within this time frame.

7.1.19.    Title and risk of loss to all goods and services will pass to you on delivery. If your Product has not arrived within 21 days, please contact the relevant vendor via the contact area in the products’ detail page.

7.1.20.    If orders cannot be processed after payments have been received, vendors will contact users by email or telephone.

7.1.21.    No other terms and conditions will apply. The contract cannot be varied unless agreed to by cloudentries in writing or by email.

7.1.22.    Whilst Vendors make every reasonable effort to present accurate information on cloudentries ;

7.1.22.1.   the information may contain typographical errors or inaccuracies and may not be complete or current;

7.1.22.2.   cloudentries has done its best to display the colours of the goods and services shown as accurately as possible. However, cloudentries cannot guarantee that colour display of any users’ monitor will be accurate.

7.1.22.3.   Therefore cloudentries and vendors reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after submitting an order).

7.1.22.4.   Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.

7.1.22.5.   cloudentries and vendors reserve the right to limit quantities (including after submitting an order). We apologize for any inconvenience this may cause.

7.1.22.6.   If you are not fully satisfied with your purchase please see the relevant vendors’ returns policies for details on how to obtain a refund, for more information on all returns or refunds under any circumstance please refer to each individual vendor’s respective terms and conditions.

7.2.       TICKETS AND EVENT ENTRIES

7.2.1.      Any issued tickets or event entries are subject to the following conditions:

7.2.1.1.      No refunds or exchanges on any ticket, entry, booking fee, service fee or delivery fee except where required by Law.

7.2.1.2.      Vendors reserve the right to add, withdraw, reschedule or substitute any Event, Class, Teams, Entertainment, etc.

7.2.1.3.      Vendors further reserve the right to change pricing, times, seating layouts, venue capacity, etc. without notice.

7.2.1.4.      Right of admission is reserved and is subject to the organisers’ and venues’ terms of admission.

7.2.1.5.      These additional terms are available from the relevant Venue or Organiser upon request.

7.2.2.      Event entries and issued tickets will be void and revoked for breach of the specified conditions if:

7.2.2.1.      Resold or offered for resale at a premium including via on-line; used for advertising, promotion or other commercial purposes including competitions and trade promotions without the prior written consent of cloudentries and the seller.

7.2.2.2.      IN CERTAIN CIRCUMSTANCES THE RESALE OF TICKETS IS GOVERNED BY LEGISLATION AND MAY ATTRACT CRIMINAL PENALTIES.

7.3.       TICKET BEARER AND EVENT ENTRANT RESPONSIBILITY:

7.3.1.      After entering events or purchasing tickets, your entry or tickets will be made available as a .PDF document on cloudentries . 

7.3.2.      It is the Entrants’ or ticket bearers’ responsibility to:

7.3.2.1.      Print the document and present it at the event.

7.3.2.2.      Present suitable identification where special pricing is applicable, identification may be required to prove conditions for special pricing.

7.3.2.3.      Arrive on time, as late arrival may result in admission or seating refusal or delays until a suitable break in the event occurs.

7.3.2.4.      Consents to and permit the search and inspection of their person, clothing, bags or possessions by officials, employees or agents of the venue or organizer of the event.

7.3.3.      Ticket bearers and event entrants are forbidden to take the following articles into a venue:

7.3.3.1.      Goods intended for sale (if no written permit is held from the proprietor of the venue).

7.3.3.2.      Any article which may hamper or impede the conduct of the event.

7.3.3.3.      Banners, placards, flags, poles or materials for the construction or assembly of displays for such articles.

7.3.3.4.      Any article which may injure or annoy other persons.

7.3.3.5.      Chemicals or other substances which give off noxious fumes or smoke.

7.3.3.6.      Glass bottles, alcoholic beverages, illegal drugs, weapons, loud hailers, laser pointers or other lighting / pointing devices of any type

7.3.3.7.      Cameras, flash photography, video recorders or audio recorders of any type may be prohibited.

7.3.4.      Entrants or ticket bearers will be required to leave the venue if they:

7.3.4.1.      Engage in conduct which unreasonably interferes with the enjoyment of the event by the patrons

7.3.4.2.      Hamper or impede the conduct of the event

7.3.4.3.      Breach any by-laws or orders applicable to the venue.


8.      PROCESSING PAYMENT

8.1.       Vendors are responsible for;

8.1.1.      ensuring your pricing reflects any GST payable in respect of the goods and services supplied

8.1.2.      the assessment of and payment of any GST associated with the supply of goods or services and the provision of valid tax invoices.

8.1.3.      cloudentries is not responsible for any GST payable in relation to goods or services supplied by vendors or the production of valid tax invoices.

8.1.4.      Providing valid tax invoices to cloudentries for any amounts deposited into vendors’ nominated bank account.

8.2.       Using own PayPal™ account (traditionally applicable for competitive and recreational event entries or goods)

8.2.1.      Making or receiving payments through the PayPal™ payment gateway (traditionally applicable for competitive and recreational event entries or goods)

8.2.2.      Vendors will then receive funds for each individual transaction.

8.2.3.      The use of the PayPal™ payment gateway will incurs merchant fees associated with the vendors’ PayPal™ account and is beyond cloudentries’ control.

8.2.4.      PayPal™ term and conditions apply and are available at: https://www.paypal.com/webapps/mpp/ua/legalhub-full?country.x=AU&locale.x=en_AU

8.2.5.      PayPal™ merchant fees apply, fee structures available at: https://www.paypal.com/au/webapps/mpp/paypal-fees

8.3.       Reconciliation of funds (traditionally applicable for spectator ticketing)

8.3.1.      Vendors have the option for cloudentries to periodically reconcile and deposit funds into a nominated bank account in bulk.

8.3.2.      cloudentries will provide statements of all transactions successfully completed, and will electronically transfer the consideration in respect of those transactions into the nominated bank account, less any fees incurred.


  9.      CLOUDENTRIES TRANSACTION FEES

9.1.1.      cloudentries transaction fees are traditionally structured as follows

9.1.1.1.      Event Entries: $3.50 per nominated entry(Unless otherwise negotiated with the vendor)

9.1.1.2.      Tickets: Negotiable depending on quantity of sales

9.1.1.3.      Goods or services

a)     Products under $60.00 incur a fee of $1.50

b)    Products exceeding $60.00 incur a fee of 3%

9.1.1.4.      cloudentries reserves the right to set-off any amount payable to vendors against any amounts payable by vendors to cloudentries (including the Transaction Fees).


10.  PRIVACY AND SECURITY

10.1.     GENERAL

10.1.1.    This Privacy Statement should be read in conjunction with the entire user agreement contained on the cloudentries website and is available in hardcopy upon request.

10.1.2.    cloudentries secures any provided personally identifiable information on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.

10.1.3.    When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of the 128-bit Secure Socket Layer (SSL) protocol.

10.1.4.    If any part of this Privacy Statement is inconsistent with any term set out in the user agreement, the terms of this Privacy Statement will prevail to the extent of the inconsistency.

10.1.5.    cloudentries will only disclose vendors’ and users’ personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to;

10.1.5.1.   conform to the edicts of the law or comply with legal process served on cloudentries

10.1.5.2.   protect and defend the rights or property of cloudentries; and,

10.1.5.3.   act under exigent circumstances to protect the personal safety of users of cloudentries, or the public.

10.2.     COLLECTION OF PERSONAL, INFORMATION

10.2.1.    cloudentries collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number.

10.2.2.    cloudentries also collects anonymous demographic information, which is not unique to you, such as your postcode, age, gender, preferences, interests and favourites.

10.2.3.    cloudentries also automatically collects information about your computer hardware and software that is collected.

10.2.3.1.   This information can include: your IP address, browser type, domain names, access times and referring Web site addresses.

10.2.3.2.   This information is used by cloudentries for the operation of the service, to maintain quality of service, and to provide general statistics regarding use of the cloudentries .

10.2.4.    cloudentries encourages vendors and users to review the privacy statements of other websites you choose to link to from cloudentries so that you can understand how those websites collect, use and share your information.

10.2.5.    cloudentries is not responsible for the privacy statements or other content on websites outside of cloudentriesand its associates’ family of websites.

10.3.     USE OF PERSONAL INFORMATION

10.3.1.    cloudentries collects and uses vendors’ and users’ personal information to operate cloudentries and deliver the services that have been requested by said vendors and users.

10.3.2.    Where the services requested are delivered by another party, cloudentries may provide details to the other party so as to allow them to perform the requested services.

10.3.3.    cloudentries also uses vendors’ and users’ personally identifiable information to inform vendors and users of other products or services available from cloudentries and its affiliates.

10.3.4.    cloudentries may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

10.4.     CREDIT CARD - PAYMENT DETAILS

10.4.1.    Details entered into cloudentries by vendors and users are transmitted to PayPal™ (cloudentries’ e-commerce gateway provider) using 128 bit SSL encryption.

10.4.2.    Details are held by that provider for the purpose of processing payments arising from your use of cloudentries .

10.4.3.    Vendor and user details are not recorded or stored by cloudentries and will not be provided to any other third party.

10.5.     USE OF COOKIES

10.5.1.    cloudentries uses cookies as part of the normal operation.

10.5.2.    cloudentries may not work if your browser has cookies disabled.

10.5.3.    A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer.

10.5.4.    Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

10.5.5.    You have the ability to accept or decline cookies. If you choose to decline cookies, you may not be able use the cloudentries services.


11.  DEFENITIONS:

·    Account : an account created by cloudentries.com.au at the vendors’ or users’ request for the purpose of allowing vendors to accept offers for Goods and Services from users who make payments in respect of Goods and Services delivered

·    Authorised Manager : a person appointed to this position by a vendor with written notice to cloudentries

·    Business Day : a day (not including Saturday or Sunday) on which banks are open for general banking business in Melbourne.

·    cloudentries : refers to the online services provided on www.cloudentries.com.au utilising software as developed by CloudInc Pty Ltd and any of its subsidiaries, affiliates, officers, agents, other partners and employees.

·    Dead On Arrival (D.O.A) : Goods are considered Dead On Arrival if they show symptoms of failure or are discovered to be broken when first removed from their packaging.

·    Event : is created and organised and managed by vendor and can be booked by a user.

·    Goods : any tangible product provided by vendors to users

·    GST : a goods and services tax, or a similar value added tax, levied or imposed under the GST Law; as per A New Tax System (Goods and Services Tax) Act 1999 (Cth).

·    Intellectual Property Rights : all intellectual property rights, including: patents, copyright, rights in circuit layouts, registered designs, trademarks; and any application or right to apply for registration of any of those rights.

·    Law : any applicable statute, regulation, by-law, ordinance, policy or subordinate legislation in force from time to time in Australia, whether made by a State, Territory, the Commonwealth or a local government, and includes the common law and equity as applicable from time to time, and any mandatory standards or industry codes of conduct.

·    Loss : Any deficit or dispossession, damage, liability, charge, expense, outgoing or cost (including all legal and other professional costs on a full indemnity basis) of any nature or kind.

·    Materials : customisation options, pricing, delivery times and other details regarding the offer and supply of Goods and Services.

·    Non-Excludable Guarantees : any statutory implied guarantees provided under the Competition and Consumer Act 2010 (Cth) or any implied warranties provided under the Australian Securities and Investments Commission Act 2001 (Cth).

·    Service : any activity, facility or event organised or operated and performed by vendors

·    Software : the software provided by CloudInc Pty Ltd for use with cloudentries

·    Users : any entity who has opened and has access to a cloudentries account so as to make offers for the goods or services as provided by cloudentries vendors. a user books tickets, enters events or purchases goods on their own behalf or on the behalf of others using cloudentries

·    Vendors : administrative account holders employees, agents and but not limited to contractors, who have opened a cloudentries account so as to provide and accept offers for goods or services from cloudentries users

In this Agreement: use of the verb “includes,” or comparative words such as, “for example” or “such as” do not limit anything else that is included in general speech.