Terms

1. Introduction

Welcome to epyic. By accessing and using our website and related services, you agree to be bound by these Terms. Do not use our website if you do not agree to these Terms.

If you are an Operator, the Operator Agreement also applies to you and is incorporated into these Terms. To the extent of any inconsistency between these Terms and the Operator Agreement, the Operator Agreement will prevail.

2. Definitions

• a. “Booking” means a booking made on our website for one or more Guests to attend an Event.

• b. “Event” means an adventure, event or activity listed by an Operator on our website.

• c. “Guest” means a person who attends, or is booked to attend, an Event, including a child included in a Booking.

• d. “Lead Guest” means the account holder who makes a Booking, whether or not they attend the Event.

• e. “Material” includes information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content and materials.

• f. “Operator” means a person or organisation that lists and runs Events on our website, including a club or community group, whether or not it charges for its Events. Some Operators are referred to on our website as Organisers.

• g. “Payment Processor” means the third-party payment processor we use to process payments on our website, currently Stripe Payments Australia Pty Ltd.

• h. “We”; “us” or “our” refers to epyic pty ltd (ACN 678 628 889).

• i. “website” means www.epyic.com, as updated from time to time.

• j. “Website Content” means Material contained in or delivered via our website or otherwise made available by us in connection with our website.

• k. “You” or “your” refers to any person who uses or accesses our website, including an Operator, a Lead Guest or a Guest.

• l. “Your Content” is any Material that you contribute, provide, post, or make available using our website, or that you otherwise contribute, provide, post or make available to us, or that you authorise us to use.

• m. “Your Trademarks” are the trademarks, trade names, service marks, and logos that you contribute, provide, post, or make available using our website, or that you otherwise contribute, provide, post or make available to us, or that you authorise us to use.

3. Use of our website

• a. Registration: You need an account to make a Booking or to list an Event.

  When you register and activate your account, you will provide us with personal information such as your name, email address and other information. You must ensure that this information is accurate and current.

  To create an account, you must be at least 18 years old. By using our website, you represent and warrant that you have the legal capacity to enter into a legally binding agreement with us on these Terms.

  You may delete your account at any time in your account settings or by contacting us. We will deactivate your account and anonymise your details. We may keep Booking and financial records that we are required by law to keep, and any records relating to an incident reported to us (see clause 6(b)).

• b. Account Responsibility: You sign in with a one-time code sent to your email address or with your Google account. You are responsible for keeping those sign-in methods secure and for all activities that occur under your account (including your authorised users). You agree to notify us immediately of any unauthorised use of your account.

• c. Unacceptable Activity: You must not do any act or attempt to do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website. This includes any act or attempt which:

  • i. violates any laws or regulations;
  • ii. is misleading or deceptive;
  • iii. infringes the rights of any third party, including intellectual property rights;
  • iv. leads to the distribution of spam or other unsolicited communications;
  • v. interferes with or disrupts our website's operation;
  • vi. uploads or distributes any viruses, malware, or other harmful software;
  • vii. impersonates another person or entity;
  • viii. involves fraudulent activity;
  • ix. collects or harvests any information about other users without their consent;
  • x. posts or transmits to our website any non-authorised material including content that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security;
  • xi. scrapes, accesses, crawls, indexes or retrieves (including by automated means) our website or third party websites, or any content on our website or third party websites;
  • xii. uses, copies, monitors, modifies, transmits, stores, extracts, reverse engineers, publishes or distributes any content on our website without our prior written consent;
  • xiii. defames us, our employees and our related entities;
  • xiv. uses our website for any commercial purposes not expressly permitted by these Terms.

  If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

• d. Linked third party websites

  Our website may contain links to third-party websites. We do not control or endorse them and are not responsible for their content, availability or any loss you suffer from using them.

4. Privacy

We handle personal information in accordance with our Privacy Policy, which explains what we collect, how we use and share it, and how you can access or correct your information or make a complaint. If you have any questions, please contact us at support@epyic.com.

By providing personal information to us, you consent to us collecting, using, storing and disclosing it as described in our Privacy Policy and these Terms.

5. Operators

• a. Our role: epyic is a marketplace where Operators list Events and Lead Guests book them. The Operator runs the Event, sets the price and the cancellation policy, and is the seller. Your contract for the Event is with the Operator, not with us.

  If you book on our website, we provide the checkout and issue your Booking confirmation. Your payment goes directly from you to the Operator through our Payment Processor. We never hold your money.

  If the Operator takes bookings somewhere other than our website, we list the Event and link you to where you can book. The booking, the payment and any terms that apply are between you and the Operator, and we are not responsible for the platform you book on.

• b. Event Descriptions: Operators must provide and maintain accurate information regarding their Events, including their cancellation policy and any terms and conditions specific to the Event or Operator.

• c. Guest information: Operators may download the details of the Guests in a Booking, including answers to checkout questions, to run their Events. Operators must use that information only to run the Event and to communicate with Guests about it, must not sell it, and must handle it in accordance with applicable laws (including privacy laws). Operators must take reasonable steps to protect such information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. Once an Operator has downloaded Guest information, it is held outside our systems and is the Operator’s responsibility.

• d. Compliance with law: Operators must comply with laws which apply to the management and conduct of Events. This includes ensuring that the Operator has all necessary licences and permits for their Events.

• e. Authority: If you are using our website on behalf of an entity (such as on behalf of your employer), you agree that you represent such entity and have the authority to bind such entity to these Terms. In that case, “you” or “your” in these Terms refers to that entity as well as yourself.

• f. Health and Safety: Operators must ensure that their Events comply with all applicable health and safety regulations. Operators are responsible for conducting risk assessments and implementing appropriate safety measures.

• g. Insurances: Operators must hold all necessary insurances as required by law including public liability insurance.

• h. Liability: Without limitation to any other liability an Operator may have under these Terms or the Operator Agreement, the Operator must indemnify us against any damage, loss or liability resulting from or in connection with the Operator’s breach of these Terms or the Operator’s handling of any Guest’s or user’s personal information, except to the extent that we caused the loss.

6. Bookings

• a. Booking for others: A Lead Guest may make a Booking for more than one Guest, including children. Children cannot hold accounts and may only attend an Event as a Guest in an adult’s Booking. When you make a Booking, you accept these Terms, and any Operator waiver, on behalf of everyone in your Booking. You warrant that you are 18 or over; that each adult in your Booking has authorised you to make the Booking and to accept these Terms and any Operator waiver on their behalf; and that for each child in your Booking you are the child’s parent or guardian, or have the parent’s or guardian’s authority to do so. You give this warranty to us and to the Operator, and each of us relies on it.

• b. Checkout questions: After you pay, the Operator may ask questions needed to run the Event, such as dietary requirements, medical conditions or fitness level. Some of this may be health information. Your answers go only to that Operator. We delete them from our systems 30 days after the Event ends, unless an incident has been reported to us in relation to your Booking, in which case we keep that Booking’s records until the incident is resolved, even if you ask us to delete your account. Once the Operator has downloaded your answers, they are the Operator’s responsibility (see clause 5(c)).

• c. Waivers: Some Operators ask you to accept a waiver when you book. A waiver is the Operator’s document. We do not review, endorse or verify it, and acceptance at checkout is by ticking a box. Some Operators handle waivers themselves outside epyic, in which case there is no waiver step at checkout and the waiver is a matter between you and the Operator. We have no liability in connection with any waiver or its acceptance.

• d. Record of acceptance: The version of these Terms in force when you make a Booking applies to that Booking, even if these Terms change later.

• e. Following Operators: When you book, you follow the Operator and will receive their updates through epyic. You can unfollow at any time.

• f. How Events are displayed: We decide how Events are displayed and ordered on epyic, and our arrangements with Operators may affect this.

7. Payments and Refunds

• a. Payment Processing: All payments made on our website are processed through our Payment Processor. You pay the ticket price shown for the Event. Our fees are charged to the Operator, not to you.

• b. Refunds: The Operator sets the cancellation policy for each Event and it is shown before you book. Please read it because a refund is not always a full refund: if you cancel, the Operator’s policy may allow a deduction for costs it has incurred. Where the policy provides for a full refund, you receive the full amount you paid for your ticket. Refunds are the Operator’s responsibility. We may assist, but any refund is between you and the Operator.

• c. Chargebacks and Disputes: Operators are responsible for resolving any chargebacks or payment disputes with Lead Guests and our Payment Processor (as applicable). We may assist in mediating disputes but we are not liable for resolving them. You agree not to bring us into any disputes between you and a third party (whether that is an Operator or a Guest).

  If we breach a consumer guarantee in providing our booking service, you may be entitled to a remedy under the Australian Consumer Law. Our service to you is complete when your Booking is confirmed. If an Event is later cancelled or changed for reasons beyond our control, that does not mean we have failed to provide our service, although you may have a remedy against the Operator under the Australian Consumer Law.

8. Liability

• a. Event Liability: Events which are listed on our website are conducted by or on behalf of Operators. We have no control over and are not responsible for such Events or the actions of or on behalf of any Operator. We are not liable for any loss, damage or any other matter arising from or in connection with such Events or the acts of any Operator, including cancellations, personal injury and property damage. Operators are solely responsible for their Events (including obligations to obtain all applicable licences, permits and authorisations and waivers from Guests) and Guests assume the risks of participating in those Events.

• b. Release: We are not party to any dealings between you and an Operator, a Guest or any other user of our website. You agree to release us (collectively with our officers, directors, agents, Payment Processors, other partners, contractors and employees, the “Released Parties”) from all loss or damage of any kind (whether direct, indirect or consequential), liabilities, costs, and expenses, whether known or unknown at the time, arising out of a dispute between you and a third party including other website users (whether a Guest, an Operator or anyone else) in connection with:

  • i. any Event; and
  • ii. Your Content or Your Trademarks.

• c. Indemnification: You agree to indemnify the Released Parties (as defined in clause 8(b)) against any damage (whether direct, indirect or consequential), loss, liability, cost and expense resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of the following, except to the extent that we caused the loss:

  • i. your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); and
  • ii. your breach of any applicable laws or the rights or any third party.

• d. Warranties and disclaimers: Our website is provided on an "as is" and "as available" basis. We may change our website and its content at any time and do not undertake to keep it updated. You are responsible for your own precautions against viruses or anything else that may damage your systems. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our website or any content on our website (including any Events listed on it, that the information is complete, accurate or up to date or that access will be uninterrupted or error-free or free from viruses, or that our website will be secure).

• e. Limitation of Liability: to the maximum extent permitted by law, including the Australian Consumer Law, we will not be liable for any direct, indirect or consequential loss, damage or expense, irrespective of the manner in which it occurs resulting from or in connection with (i) your use or inability to use our website or any content of our website; (ii) any conduct or content of any person on our website, including any defamatory, offensive, or illegal conduct of other users or third parties; or (iii) unauthorised access, use, or alteration of your transmissions or content. Our aggregate liability for all claims related to our website is limited to the greater of AUD100, and the amount you paid us, if any, in the past twelve months for the services giving rise to the claim.

9. User Conduct

• a. Respectful Use: You agree to use our website respectfully and in accordance with these Terms and not engage in any behaviour that could harm other users, us or our website.

• b. Termination of Access: We may restrict, suspend or terminate your access to our website immediately if you breach these Terms, if we are required to by law or by our Payment Processor, or if we reasonably believe it is necessary to protect the safety of Operators, Guests or others or the security of our website. We may also terminate your access for any other reason on 30 days’ notice. Upon termination, you must cease all use of our website and any outstanding monies must be paid promptly. We will not be responsible for any loss, cost, damage or liability that may arise as a result of such restriction, suspension or termination.

10. Dispute Resolution

• a. Governing Law: These Terms are governed by the laws of Victoria, Australia. To the extent permitted by law, the courts of Victoria, Australia have exclusive jurisdiction over any dispute arising under these Terms, and you submit to that jurisdiction.

• b. Resolution Process: If you have a dispute with us, please contact us first at support@epyic.com and we will try to resolve it with you. Each of us will keep that process confidential. If we cannot resolve it, we may agree to refer it to mediation or arbitration.

11. Intellectual Property

• a. Ownership: Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, trademarks and other intellectual property rights) in our website and in all Website Content.

• b. Licence: Your use of our website and use of and access to any Website Content does not grant or transfer any rights, title or interest to you in relation to our website or the Website Content. However, we do grant you a licence to access our website and view the Website Content on the Terms set out here and, where applicable, as expressly authorised by us and our third-party licensors.

  You must not reproduce, redistribute or copy our website or the Website Content except as permitted by law or with our written consent.

  If you make available Your Content and Your Trademarks on our website, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable licence, sublicensable to our service providers and successors, to use Your Content and Your Trademarks on our website and for promotional and ancillary purposes. You consent to us using Your Content without attribution and in edited or cropped form, and you will not assert any moral rights against us in relation to that use. You warrant that you have all the rights, power and authority necessary to grant such licence to us, that you have the consent of any identifiable person appearing in Your Content, and that Your Content and Your Trademarks: (i) do not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (ii) comply with all applicable laws; and (iii) do not violate these Terms. You will indemnify us for any loss or liability resulting from the breach of this warranty.

12. Changes to Terms

We may update these Terms from time to time. We will give you reasonable notice of material changes through our website or your account before they take effect. Changes do not apply to Bookings made before they take effect. By continuing to use our website after a change takes effect, you agree to the updated Terms. If you do not agree to the updated Terms, please stop using our website.

13. Miscellaneous

• a. Entire Agreement: Unless otherwise agreed, these Terms constitute the entire agreement between you and us regarding your use of our website, superseding any prior agreements between you and us relating to your use of our website.

• b. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

• c. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

• d. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction.

• e. Survival of Terms. All provisions of these Terms that by their nature should survive termination of these Terms will survive (they will continue to apply to you) including all limitations of liability, indemnities, disclaimers of warranties, choices of law and judicial forum, and intellectual property protections and licences.

14. Contact Information

If you have any questions or concerns about these Terms, please contact us at support@epyic.com

1. Introduction

This Operator Agreement is supplemental to, and incorporated into, the epyic Website Terms (“Terms”). Nothing in this Operator Agreement limits, changes or waives any terms set out in the Terms or our Privacy Policy. If there is any inconsistency between the Terms and this Operator Agreement, this Operator Agreement prevails to the extent of the inconsistency. Capitalised terms that are not defined in this Operator Agreement have the meaning given to them in the Terms.

By using the Operator Services or registering as an Operator, you agree to this Operator Agreement, the Terms and our Privacy Policy, without modification, and enter into a binding contract with us that governs your use of the Operator Services. Do not use the Operator Services or register as an Operator if you do not agree to this Operator Agreement, the Terms or our Privacy Policy.

2. Definitions

• a. “Book” means our plan under which you take Bookings for your Events on our website and pay us a Transaction Fee on each paid ticket.

• b. “Event Proceeds” means the total value of tickets and other items purchased by Lead Guests for your Events.

• c. “Fees” means all amounts payable by you to us under this Operator Agreement, including Transaction Fees, Plan Fees and Chargeback Costs.

• d. “Operator Services” means the services we provide to you under this Operator Agreement, being the listing of your Events on our website and, under Book, the Ticketing Services.

• e. “Paid Event” means an Event for which a fee is charged to attend.

• f. “Payment Processing Fees” means the fees charged by the Payment Processor for processing payments for your Events.

• g. “Plan Fee” means the fixed fee payable to us for the Reach plan for each Plan Period, as agreed with you.

• h. “Plan Period” means the monthly or other period for which a Plan Fee is payable, as agreed with you.

• i. “Reach” means our plan under which we list your Events on our website and direct bookings to a booking channel of your choice other than our website, for a Plan Fee.

• j. “Ticketing Services” means the service we provide under Book, being a checkout on our website to sell tickets to your Events and receive payment through the Payment Processor.

• k. “Transaction Fee” means the fee payable to us for each paid ticket sold under Book, as shown on our website or otherwise agreed with you.

• l. “We”; “us” or “our” refers to epyic pty ltd (ACN 678 628 889).

• m. “website” means www.epyic.com, as updated from time to time.

• n. “You” or “your” refers to the Operator transacting with us under this Operator Agreement.

3. Use of our website and registration

• a. Additional registration data: After registering for the Operator Services, we may require you to provide additional information about yourself, this may include your registered company name, trading name, ABN, GST registration status, and the owners of the business you represent (if any) (collectively, "Additional Registration Data").

• b. We may use this information to verify your identity or request that you verify your identity through an external service provider such as the Payment Processor, the validity and/or legality of your transactions, and/or whether you qualify to use the Operator Services. You must: (a) promptly provide accurate and complete information and (b) regularly and quickly update this information to make sure it remains accurate and complete.

• c. You are not entitled to receive any payments from tickets or other items sold through our website unless and until you provide full and accurate Additional Registration Data. We may suspend or terminate your account and/or your access to the Operator Services if we believe that your registration data or Additional Registration Data is inaccurate or incomplete.

• d. By registering for the Operator Services and accepting this Operator Agreement, you represent and warrant that:

  • i. you carry on business in Australia;
  • ii. all your Events will comply with all applicable laws, including child safety and worker screening requirements where Guests under 18 may attend; and
  • iii. you have all the necessary permits, authorisations, licences and insurances to carry on business in Australia and to hold your Events.

• e. We may limit, suspend, or terminate your access to the Operator Services immediately if:

  • i. you become ineligible for the Operator Services or breach any provision of this Operator Agreement or the Terms;
  • ii. you fail to pay any Fees when due and payable or you fail to provide accurate and updated information to the Payment Processor to enable payments to be made to you;
  • iii. the Payment Processor refuses to facilitate payments to you or to engage in services involving you;
  • iv. we are required to do so by law;
  • v. in our reasonable opinion, we are required to do so in order to comply with any contractual arrangement with, or request from, a third party service provider including the Payment Processor;
  • vi. we reasonably believe that it is necessary to maintain the security of our website, including where we reasonably believe that there has been unauthorised use of your account; or
  • vii. in our reasonable opinion, your conduct impacts our name or reputation, or violates our rights or any other person.

• f. We may also terminate your access to the Operator Services for any other reason on 30 days’ notice.

• g. We will not be responsible for any loss, cost, damage or liability that may arise as a result of actions taken in accordance with clause 3(e) or 3(f).

4. Account deletion and effect of termination.

• a. You may stop participating as an Operator at any time by requesting the deletion of your account in accordance with the Terms. If you request the deletion of your account, you are still bound by this Operator Agreement, the Terms, and any other written agreement you may have with us.

• b. Upon termination of your account, our obligation to perform the Operator Services ends. Fees accrued up to the termination date remain payable. Plan Fees already paid for the current Plan Period are not refunded. Chargeback Costs and any costs we incur on your behalf, including for Bookings made before termination, remain payable after termination.

5. Plans and Fees

• a. Plans: We offer two plans. Under Book, you take Bookings on our website and pay us a Transaction Fee on each paid ticket. Under Reach, we list your Events on our website and direct bookings to a booking channel of your choice other than our website, and you pay us a Plan Fee for each Plan Period.

• b. Fees: In consideration for the Operator Services, you must pay us the Fees. Your Fees are as shown on our website or otherwise agreed with you in writing, or as varied in accordance with this Operator Agreement.

• c. Transaction Fees: Under Book, the Transaction Fee is charged on each paid ticket sold through our website and is deducted by the Payment Processor at the time of payment. No Transaction Fee applies to free tickets. Transaction Fees are not refunded to you if you refund a ticket, unless the refund is required because of our error.

• d. Plan Fees: Under Reach, Plan Fees are payable in advance for each Plan Period. Your plan renews for a further Plan Period unless you cancel before the renewal date. Cancellation takes effect at the end of the current Plan Period, and Plan Fees already paid are not refunded.

• e. Changes to Fees: We may change the Fees or plan terms on reasonable notice through our website or your account. If you are on Reach and do not accept a change, you may cancel your plan before the change takes effect.

• f. Taxes: The Fees are exclusive of GST. GST is added to the Fees and we will provide you with a tax invoice for the Fees. You are solely responsible for GST and any other tax on your ticket sales, including registering for, charging and remitting GST. We do not collect or remit GST on your behalf. You must keep your ABN and GST registration status accurate with us. We issue a receipt to Lead Guests on your behalf showing your name, ABN and the amount paid. We do not issue tax invoices for your ticket sales. If a Lead Guest asks for a tax invoice, you are responsible for providing it.

• g. Display of Events: Display and ranking of Events on our website is at our discretion and no plan guarantees any particular position.

6. Payments and Refunds

• a. Payment Processing: Under Book, we provide tools to help you sell tickets and other items to Lead Guests through our website. Payments are processed by the Payment Processor, currently Stripe Payments Australia Pty Ltd (“Stripe”).

• b. Payment Processor terms: You and we must comply with the terms imposed by the Payment Processor. In certain cases, you may be required to enter into separate agreements with the Payment Processor to receive payments. When you agree to this Operator Agreement or continue to operate as an Operator on our website, you also agree to the Payment Processor’s terms including, Stripe Connected Account Agreement and the Stripe Services Agreement and will complete the required Stripe onboarding to enable you to create and sell tickets to Paid Events on our website, and receive payment from the sales of such tickets. For us to enable payment processing services through the Payment Processor, you must provide us with accurate and complete information about you and your business. Stripe processes your personal data in accordance with Stripe’s privacy policy at stripe.com/privacy.

  You authorise us to share such information and transaction information with the Payment Processor, and to disclose it where required by law, including to the Australian Taxation Office.

• c. Payment Processing Fees: You are solely responsible for setting prices for tickets and other items for your Events. Payment Processing Fees are set by the Payment Processor, are charged to your Payment Processor account on each transaction and are separate from our Transaction Fee. Lead Guests pay the ticket price shown and no fee is added for them.

• d. Payments: All Event Proceeds are processed through the Payment Processor and paid directly to you in accordance with the Payment Processor’s terms, less the Transaction Fee. We do not hold any Event Proceeds and are not liable to any party for any such amounts.

• e. You are responsible for providing accurate payment details: The Payment Processor will facilitate payments to your preferred payment method. You are responsible for providing correct payment details to the Payment Processor. We will not be liable for delayed, rejected, or missed payments that occur from the delay, failure, or contractual breach by you, the Payment Processor or any other third party provider. The Payment Processor relies on the information you provide to facilitate payment transactions on your behalf. If any account or card details that you provide are incomplete or inaccurate, you must indemnify us and the Payment Processor from and against any losses or expenses incurred by us in connection with your provision of the incomplete or inaccurate information and reimburse us on request.

• f. Chargebacks and reversals: Credit card chargebacks and transaction reversals (collectively, “Chargebacks”) can occur, including when a Lead Guest disputes a transaction. As an Operator, you are responsible for any Chargebacks in connection with your Event Proceeds and other payments including credit card association, payment processing, re-presentment, penalty and other fees (together with Chargebacks, “Chargeback Costs”) that we, the Payment Processor, or any of our other partners incur in connection with your Chargebacks.

• g. Refund Policy: You are responsible for setting a cancellation policy for each Event and communicating it to Lead Guests before they book. Your policy may distinguish between you cancelling or changing the time of the Event and a Lead Guest cancelling, and may provide for a deduction where a Lead Guest cancels solely due to a change of mind. Where a Lead Guest is entitled to a refund under your policy or under the Australian Consumer Law, you are responsible for paying it. Our Transaction Fee and the Payment Processing Fees are not returned to you when you refund a ticket, unless the refund is required because of our error. You may recover them through a deduction in your policy where the law allows.

7. Reach

• a. Bookings off our website: Under Reach, you take bookings for your Events through a booking channel of your choice other than our website. You must provide a valid link to your booking page.

• b. You are responsible for your booking channel: You are responsible for all activity on your booking channel. You must ensure that it is secure, reliable, and does not expose epyic users to harm, fraud, or misuse. We do not vet, control, or provide support for it and are not involved in any related transactions. You are solely liable for any loss, damage, or reputational harm caused to us or our users as a result of your use of it.

• c. No Ticketing Services: Under Reach, the Ticketing Services do not apply. You will not have access to Bookings, Guest details, tickets, check-in functionality or post-event features available for Bookings made through our website.

8. Guest information, waivers and contacts

• a. Guest information: Under Book, you may download the details of the Guests in a Booking, including answers to checkout questions, to run your Event. You may only ask checkout questions reasonably needed to run the Event. You must use Guest information only to run the Event and to communicate with Guests about it, must not sell it, and must handle it in accordance with applicable privacy laws and delete it when you no longer need it. Once you have downloaded Guest information it is held outside our systems and is your responsibility, and our deletion of records from our systems does not reach it. You must tell us promptly if an incident occurs at your Event.

• b. Waivers: Any waiver you ask Guests to accept is your document. We do not review, endorse or verify it, or any acceptance of it, and we do not verify a Lead Guest’s authority to accept it on behalf of others. You rely on the Lead Guest’s warranty in the Terms, not on us, and you have no claim against us if a waiver or an acceptance is ineffective. Asking Guests to accept your waiver through our checkout is optional.

• c. Imported contacts: You may upload a list of contacts to invite them to follow you on epyic. By uploading a list, you warrant that each person on it has agreed to receive messages from you, and we rely on that warranty. We keep a record of your confirmation. You indemnify us against any claim or penalty arising from a list uploaded without that consent.

9. Liability

• a. Event Liability: Events listed on our website are conducted by or on behalf of you. We have no control over and are not responsible for such Events or for the acts or omissions of Operators or Guests. We are not liable for any loss, damage or any other matter arising from or in connection with such Events or your acts as Operator or the acts of Guests, including cancellations, personal injury and property damage. Operators are solely responsible for their Events (including obligations to obtain all applicable licences, permits and authorisations and waivers from Guests) and Guests assume the risks of participating in those Events.

• b. Your obligations to Guests: When a Booking is placed by a Lead Guest and confirmed through us, we generate a confirmation message and issue a ticket to the Lead Guest. You must accept, honour and fulfil all ticketing commitments that have been confirmed through the Operator Services. It is your responsibility to verify and validate a Lead Guest’s confirmation number and ticket, and/or any event restrictions prior to the applicable Event. We are not responsible for fake or invalid tickets, or any costs incurred or losses suffered by you in connection with your decision to accept or reject tickets. All sales are ultimately made by you, and the Lead Guests and Guests are your customers. All disputes relating to the Event are solely between you and them.

• c. Release: You agree to release us (collectively with our officers, directors, agents, Payment Processors, other partners, contractors and employees, the “Released Parties”) from all loss or damage of any kind (whether direct, indirect or consequential), liabilities, costs, and expenses, whether known or unknown at the time, arising out of a dispute between you and a third party (including other website users, whether Guests or other Operators) in connection with:

  • i. any Event; and
  • ii. Your Content or Your Trademarks.

• d. Indemnification: You agree to indemnify the Released Parties (as defined in clause 9(c)) against any damage (whether direct, indirect or consequential), loss, liability, cost and expense resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of the following, except to the extent that we caused the loss:

  • i. your breach of this Operator Agreement, the Terms or the Privacy Policy (including any terms, agreements or policies incorporated into them);
  • ii. your Events, Your Content and Your Trademarks, your handling of Guest information, and any failure to obtain any applicable licences, permits, authorisations and waivers from Guests; and
  • iii. your breach of any applicable laws or the rights of any third party.

• e. Limitation of Liability: to the maximum extent permitted by law, including the Australian Consumer Law, we will not be liable for any direct, indirect or consequential loss, damage or expense, irrespective of the manner in which it occurs resulting from or in connection with (i) your use or inability to use the Operator Services; (ii) any conduct or content of any person on our website, including any defamatory, offensive, or illegal conduct of other users or third parties; or (iii) unauthorised access, use, or alteration of your transmissions or content. Where the Australian Consumer Law applies and permits it, our liability for a failure to comply with a consumer guarantee is limited, at our option, to supplying the Operator Services again or paying the cost of having them supplied again. Our aggregate liability for all claims related to our website is limited to the greater of AUD100, and the amount you paid us, if any, in the past twelve months for the services giving rise to the claim.

10. Dispute Resolution

Governing law and disputes: The dispute resolution provisions in the Terms apply.

11. Changes to Terms

We may update this Operator Agreement from time to time. We will give you reasonable notice of material changes through our website or your account before they take effect. If you are on Reach and do not accept a change, you may cancel your plan before the change takes effect. By continuing to use the Operator Services after a change takes effect, you agree to the updated Operator Agreement.

12. Miscellaneous

• a. Entire Agreement: Unless otherwise agreed, this Operator Agreement, along with the Terms and Privacy Policy, constitute the entire agreement between you and us regarding your use of our website, superseding any prior agreements between you and us relating to your use of our website.

• b. Severability: If any provision of this Operator Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

• c. Waiver: Our failure to enforce any right or provision of this Operator Agreement will not be considered a waiver of those rights.

• d. Assignment: You may not assign or transfer this Operator Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Operator Agreement, without such consent, will be null and of no effect. We may freely assign or transfer this Operator Agreement without restriction.

• e. Survival of Terms. All provisions of this Operator Agreement that by their nature should survive termination of this Operator Agreement will survive (they will continue to apply to you) including all limitations of liability, indemnities, disclaimers of warranties, choices of law and judicial forum, and intellectual property protections and licences.

13. Contact Information

If you have any questions or concerns about this Operator Agreement, please contact us at support@epyic.com