Users Terms of Use
These User Terms of Use and our privacy policy form the basis of your conditions of access and use to our Platform.
If you browse, login, use or otherwise access any content, services, information or data, on this website or related apps, publications or tools (together the CanTicket Website or or our CanTicket Platform), you agree to be bound by these terms (User Terms of Use) and any other policy, agreement or terms which may apply to your use of our Platform.
In addition, other terms may apply to particular services on our Platform (for example, without limitation, our [Account Set Up, Additional File Storage, Customisation]). To access and use those services you must agree to any other policy, agreement or terms which may apply to your use of those services.
If you have any objection to these User Terms of Use, our privacy policy or any other policy, agreement or terms relating to our Platform you must immediately cease use of our Platform.
We reserve the right to change these User Terms of Use, our privacy policy and any other condition of access and use of our Platform at any time. You should regularly check our Platform to take notice of any changes we may have made to these User Terms of Use and other conditions of use and access of our Platform. Your continued use of the Platform following any changes will represent an agreement by you to be bound by these User Terms of Use and other conditions of access and use as amended by us from time to time. If you have any questions, please contact support@canticketapp.com
By using the Platform, or any part of it, you are contracting with CanTicket Pty Ltd (CanTicket/we/us/our).
CanTicket makes no warranty as to the accuracy, timeliness, completeness or reliability of the information contained or displayed on our Platform (including, without limitation, Third Party Content or Third Party Links as defined in clause 7 below).
CanTicket and its directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our Platform or linked from our Platform.
1 SCOPE
1.1 The CanTicket Platform is available for you to access, on a temporary basis, conditional on your acceptance of these User Terms of Use and any other terms which may apply to your use of the CanTicket Platform. By continuing to access the CanTicket Platform you agree to these User Terms of Use and any other terms which may apply to your use of the CanTicket Platform.
1.2 It is a condition of access and use of the Platform that you read and accept our privacy policy, these User Terms of Use and any other policy, agreement or terms which may apply to your use of the Platform.
2 ACCESS TO THE CANTICKET PLATFORM
2.1 In consideration of CanTicket allowing you access to the platform, subscription fees must be paid to CanTicket (Subscription Fees). The Subscription Fees must be paid to CanTicket by an account holder linked to your account on the Platform, which may or may not be you (Account Holder).
2.2 The Subscription Fees are set out on the Platform and updated from time to time. Where the Subscription Fees are updated they will apply from the next applicable billing cycle. If the Account Holder objects to any change in Subscription Fees, or if their account is terminated or suspended, your access to the Platform, as well as the access of other users linked to your account or the Account Holders account, will terminate or suspended accordingly.
2.3 CanTicket will issue the Account Holder with an invoice which is to be paid as stated on the invoice or otherwise agreed between the parties.
2.4 Subscription Fees are not refundable and are payable regardless of whether you or any other users linked to your account on the Platform, access or use the Platform.
2.5 Your level of access to the Platform and the services and features of the Platform which you may access and use are limited by your subscription type. Different users on the Platform may have a different level of access to the Platform and the services and features offered or available to each user may vary.
2.6 The Account Holder must pay CanTicket such additional fees as CanTicket invoices from time to time for the supply of additional services or (without limiting CanTicket’s remedies at law) which were either required by you or incurred by CanTicket as a result of carrying out any works which were reasonably appropriate in connection with your non-performance of these User Terms of Use.
2.7 The Account Holder must pay CanTicket interest on any Subscription Fees due and not paid by the Account Holder within the time required by these User Terms of Use at the rate of interest which is one percentum (1 per cent) above the rate applicable on the due date to Westpac Bank overdrafts for amounts less than $100,000 for the period of default.
3 ACCOUNTS
3.1 When registering an account with us, you must provide accurate, complete and up-to-date registration information. It is your responsibility to inform us of any changes to your registration information. We may at any time require you to verify your identity.
3.2 While using the CanTicket Platform, you must not and must not use any device, software, process or other means to:
(a) do any act that would harm, restrict or lessen the enjoyment or use of the CanTicket Platform by any other users;
(b) create a false identity or misrepresent your identity;
(c) use or attempt to use another user’s account or transfer or attempt to transfer your account to another person without our prior written consent;
(d) post or make false, inaccurate, misleading, defamatory or offensive content or messages (including through use of any messaging services or contact forms);
(e) take any action that may harm or undermine the goodwill in CanTicket or the CanTicket Platform;
(f) use the Platform if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the Platform;
(g) infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
(h) circumvent or manipulate our fee structure, the billing process, or fees owed to CanTicket;
(i) distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
(j) distribute viruses or any other technologies that may harm CanTicket, the CanTicket Platform or other users;
(k) harvest, scrape, index or otherwise collect information from our Platform without our consent; or
(l) harvest, scrape, index or otherwise collect information about users, including email addresses, without their consent.
4 OUR ROLE
4.1 The CanTicket Platform provides facilities to allow you to interact with your colleagues contractors and customers and for you to be able to manage your clients projects, team and customer interactions, identify areas of improvement, and build deeper, more loyal relationships with your customers. We see a future where every small business has the resources they need to grow and succeed.
4.2 CanTicket provides tools to assist you to interact with your colleagues, contractors and customers. CanTicket is not in the business of providing professional advice and does not become involved in and is not a party to any transaction or interaction between you and your customers.
4.3 CanTicket does not assume any liability or duty of care to you or its users.
4.4 CanTicket and its directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained on or omitted from our Platform or linked from our Platform.
4.5 Users alone, and not CanTicket, are responsible for interacting with their customers.
4.6 You must ensure that you comply with all applicable laws in Australia and other countries.
4.7 We do not guarantee continuous or secure access to the CanTicket Platform and its operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.
4.8 We reserve the right to withdraw or change our Platform, products or services (including format, design, scope, etc) at any time.
4.9 Third party facilities, including software programmes, may be necessary or appropriate for access to or use with the Platform. You agree that your right to make any use of such facilities is governed by the terms of the relevant third party licence/services agreement and not by these User Terms of Use. You agree that CanTicket cannot control and will not be liable for the integrity, functionality, reliability, appropriateness of such facilities.
4.10 You acknowledge that: (a) our hosting service provider will host the Platform; (b) hosting of the Platform is subject to the service level agreement between us and the hosting service provider; and (c) we may or may not update the functionality of the Platform. You agree that, subject to our obligations under these User Terms of Use, we may make changes to the Platform, including its functionality, at our sole discretion.
4.11 We are under no obligation to upgrade the Platform. We will, at our sole discretion, from time to time, perform preventive or remedial maintenance on the Platform which may cause some or all of the Platform to become unavailable or non-functional. We will endeavour to give at least 24 hours’ notice of such maintenance and schedule such maintenance for the convenience of users.
4.12 You acknowledge that we may, with no liability to you, have to perform urgent maintenance in business hours in cases where early symptoms or major faults are detected and urgent preventive maintenance action is required to limit the impact or occurrence of the fault. You acknowledge that we may not be able to provide notice where such urgent maintenance is required. We will use our best endeavours to resume the full functionality of the Platform as soon as is practicable.
4.13 We do not warrant that the Platform will be free of defects, run without interruption, be error free, meet your expectations, function in combination with the hardware or software products of third parties, or that all errors will be corrected.
4.14 You acknowledge that we may access and monitor usage of the Platform for the purposes of maintenance of the Platform, including analysis of errors and installation of patches or upgrades and/or to verify compliance with these User Terms of Use.
5 CONTENT
5.1 In these User Terms of Use, Content means information, data, videos, images, files, or any other material that you provide on or through use of the CanTicket Platform or provide to CanTicket, including without limitation, through any emails, messages or contact forms.
5.2 By uploading, transmitting, posting or otherwise making available any Content on the CanTicket Platform, or otherwise giving us any Content, you represent and warrant that:
(a) you are authorised to provide, post or otherwise make available the Content;
(b) the Content is not defamatory or a malicious falsehood in relation to any product, service, person or corporation, nor does it “pass off” of any person, product or service;
(c) the Content does not:
(i) constitute unfair competition or infringe the rights of any person or corporation;
(ii) exploit another person in any manner;
(iii) contain nudity, excessive violence, or sexual acts or references;
(iv) include an image or personal information of another person or persons unless you have their consent;
(v) pose or create a privacy or security risk to any person;
(vi) infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright;
(vii) infringe any legislation or regulations of the Commonwealth of Australia and the State of Queensland including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law or any law in any country where the Content is or will be available to users of the CanTicket Platform.
5.3 We may, without notice to you and without liability to you, remove, disable access to, modify, alter or otherwise amend your Content in our sole discretion. Without limitation, CanTicket may remove, amend or disable access to your Content if it, in its sole discretion considers:
(a) the Content is unlawful;
(b) the Content infringes the intellectual property rights of any third party;
(c) it is required to do so by a Court, regulatory body or any relevant authority pursuant to an order or any interim or final take-down notice;
(d) the Content breaches any term of these User Terms of Use or any other conditions of access and use of the Platform.
5.4 You will at all times remain the owner of all copyright in the Content uploaded by you, unless the copyright in such Content is owned by a person other than yourself, in which case that person will retain the ownership of the Content.
6 PRIVACY POLICY
6.1 Our privacy policy, which sets out how we will use your information, can be found at https://CanTicketapp.com/privacy_policy/.
6.2 By using the Platform, you consent to the processing described in the privacy policy.
7 THIRD PARTY CONTENT, ADVERTISING AND LINKS
7.1 Third Party Content
(a) The CanTicket Platform contains content, information, files, links and other material provided by other parties (Third Party Content).
(b) CanTicket is not responsible for, and accepts no liability with respect to, any Third Party Content and any other Content uploaded, posted, transmitted or otherwise made available on the CanTicket Platform by any person other than CanTicket.
(c) For the avoidance of doubt, CanTicket will not be taken to have uploaded, posted, transmitted or otherwise made Third Party Content available on the CanTicket Platform simply by facilitating others to post, transmit or otherwise make Content, material or data available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
(d) CanTicket does not and is not required to monitor or make any inquiries about Third Party Content.
(e) CanTicket does not accept any responsibility for any communications or transactions between you and any third parties, including, without limitation, third parties that you contacted using the CanTicket Platform.
7.2 Third Party Advertising
(a) The CanTicket Platform may feature or display third party advertising. By featuring or displaying such advertising, we do not, in any way, represent that we recommend or endorse the relevant advertiser, its products or services.
7.3 Third Party Links
(a) The CanTicket Platform may feature or display links and pointers to websites operated by third parties (Third Party Links). Such websites do not form part of the CanTicket Platform and are not under our control. We do not accept any responsibility in connection with any such websites. If you link to any such websites, you leave the CanTicket Platform entirely at your own risk.
(b) In relation to Third Party Links we:
(i) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
(ii) are not responsible for the material contained on those linked sites.
8 RELIANCE ON PLATFORM
8.1 You use the CanTicket Platform at your own risk.
8.2 CanTicket makes no warranty as to the accuracy, completeness, timeliness, or reliability of the services, functionality or information contained or displayed on our Platform including, without limitation Third Party Content or Third Party Links, nor do we accept any responsibility arising in any way from errors or omissions.
8.3 Any information, material and data on the CanTicket Platform is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
8.4 You must make your own inquiries and take precautions before you rely on any information, material or data on the CanTicket Platform. We will not be liable for loss resulting from any action or decision by you in reliance on the information, material or data on the CanTicket Platform.
8.5 You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the CanTicket Platform.
9 LIMITATION OF LIABILITY
9.1 You will not hold CanTicket responsible for information, material and data on the CanTicket Platform, other users’ content, actions or inactions, or the truth, completeness or accuracy of users’ Content, Third Party Content, third party advertising or Third Party Links.
9.2 To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the CanTicket Platform or of any linked sites; and
(b) merchantability or fitness for any particular purpose for any service, feature or product provided, contained or referred to on the CanTicket Platform or on any Third Party Link or third party advertisement.
9.3 To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
(a) the re-supply of services; or
(b) payment of the cost of re-supply of services.
9.4 In no event will CanTicket be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits suffered or incurred by or awarded against you under or in any way connected with these User Terms of Use or the CanTicket Platform.
9.5 Notwithstanding anything to the contrary herein, the aggregate liability of CanTicket to you for any cause of action whatsoever and regardless of the form of the action, will at all times be limited to AUD$500.00.
9.6 You warrant that you have not relied on any representation made by CanTicket which has not been stated expressly in these User Terms of Use, or upon any descriptions, illustrations or specifications in any way relating to the Platform. You acknowledge that to the extent we have made any representation which is not otherwise expressly stated in these User Terms of Use, you have been provided with an opportunity to independently verify the accuracy of that representation.
10 TERMINATION, SUSPENSION, AMENDMENT AND USER ACCOUNTS
10.1 Without prejudice to any another rights, powers or remedies we may have, we may:
(a) limit, suspend, terminate, delay access to, or prohibit access to, the CanTicket Platform and/or user accounts at any time without giving any explanation or justification;
(b) amend, modify, remove, delete, suspend, or delay services or features of the Platform without giving any explanation or justification;
(c) take any legal or technological steps to enforce any of the above, including steps to prohibit access to the services, CanTicket Platform and/or user accounts;
(d) take any action, including without limitation legal action against users who interfere with other users’ use or enjoyment of the CanTicket Platform and/or users who act inconsistently with these User Terms of Use or any other condition of access and use of our Platform at any time;
(e) cancel, suspend, reject, delay or reduce the functionality of user accounts for unauthenticated accounts, accounts that have not been accessed for [6] months, or accounts where we reasonably believe the account has been transferred to another owner or is operated by a user that is not the owner of the account, without our prior written consent;
and we have no liability for any costs, losses or damages of any kind arising as a consequence of exercising any of our rights set out above.
10.2 You may terminate your user account:
(a) immediately by notice in writing to us; or
(b) by not logging onto the CanTicket Platform for a period of [6] months.
10.3 An Account Holder may terminate your user account immediately by notice in writing to us.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 All logos, icons, brand names or service names identifying the owner and operator of the services or the CanTicket Platform are our copyright property or our trade marks or service marks.
11.2 All other trade marks or service marks on this CanTicket Platform are the property of their respective owners.
11.3 You must obtain written permission before reusing any copyrighted material that is published on this Platform. Any unauthorised use of the materials appearing on this Platform may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
11.4 Except where expressly stated to the contrary, all persons (including their names and images) featured on the CanTicket Platform are in no way associated, linked or affiliated with CanTicket and you should not rely on the existence of such a connection or affiliation. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to CanTicket.
12 RELEVANT JURISDICTION
12.1 If any part of these User Terms of Use are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these User Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
12.2 These User Terms of Use will be governed by and interpreted in accordance with the law of Queensland, Australia, without giving effect to any principles of conflicts of laws.
12.3 You agree to the jurisdiction of the courts of Queensland, Australia to determine any dispute arising out of these User Terms of Use.
13 INTERPRETATION
13.1 In these User Terms of Use, unless the contrary intention appears: (a) the clause headings are for ease of reference only and shall not be relevant to interpretation; (b) a reference to a clause number is a reference to its subclause; (c) words in the singular include the plural and vice versa; (d) words importing a gender include any other gender; (e) a reference to a person includes bodies corporate and unincorporated associations and partnerships; (f) a reference to a clause is a reference to a clause or subclause of these User Terms of Use; (g) a reference to a subclause is a reference to a subclause of the clause in which that reference is made; (h) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings; (i) a reference to a Schedule includes a reference to any part of that Schedule which is incorporated by reference; (j) monetary references are references to Australian currency.