User Terms of Service
Type of website: Ecommerce
Effective date: 1 June 2022
www.canticketapp.com (the “Site”) is owned and operated by Candid Marketing PTY LTD. Candid Marketing PTY LTD is the data controller and can be contacted at:
- PO BOX 1096 GRIFFITH NSW 2680
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.
By using the Platform, or any part of it, you are contracting with Candid Marketing Pty Ltd under the trading name(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.
ACCESS TO THE CANTICKET PLATFORM
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).
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.
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.
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.
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 levels of access to the Platform and the services and features offered or available to each user may vary.
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.
- While using the CanTicket Platform, you must not and must not use any device, software, process or other means to:
do any act that would harm, restrict or lessen the enjoyment or use of the CanTicket Platform by any other users;
create a false identity or misrepresent your identity;
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;
post or make false, inaccurate, misleading, defamatory or offensive content or messages (including through use of any messaging services or contact forms);
take any action that may harm or undermine the goodwill in CanTicket or the CanTicket Platform;
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;
infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
circumvent or manipulate our fee structure, the billing process, or fees owed to CanTicket;
distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
distribute viruses or any other technologies that may harm CanTicket, the CanTicket Platform or other users;
harvest, scrape, index or otherwise collect information from our Platform without our consent; or
harvest, scrape, index or otherwise collect information about users, including email addresses, without their consent.
The CanTicket Platform provides facilities to allow you to interact with your colleague’s contractors and customers and for you to be able to manage your client’s 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.
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.
CanTicket does not assume any liability or duty of care to you or its users.
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.
Users alone, and not CanTicket, are responsible for interacting with their customers.
You must ensure that you comply with all applicable laws in Australia and other countries.
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.
We reserve the right to withdraw or change our Platform, products or services (including format, design, scope, etc) at any time.
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.
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.
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.
- 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:
- you are authorised to provide, post or otherwise make available the Content;
- 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;
- the Content does not:
constitute unfair competition or infringe the rights of any person or corporation;
exploit another person in any manner;
contain nudity, excessive violence, or sexual acts or references;
include an image or personal information of another person or persons unless you have their consent;
pose or create a privacy or security risk to any person;
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;
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.
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:
the Content is unlawful;
the Content infringes the intellectual property rights of any third party;
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;
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.
THIRD PARTY CONTENT, ADVERTISING AND LINKS
The CanTicket Platform contains content, information, files, links and other material provided by other parties (Third Party Content).
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.
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.
CanTicket does not and is not required to monitor or make any inquiries about Third Party Content.
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.
Third Party Advertising
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.
Third Party Links
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.
In relation to Third Party Links we:
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
are not responsible for the material contained on those linked sites.
RELIANCE ON PLATFORM
You use the CanTicket Platform at your own risk.
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.
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.
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.
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.
LIMITATION OF LIABILITY
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.
To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:
the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the CanTicket Platform or of any linked sites; and
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.
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:
the re-supply of services; or
payment of the cost of re-supply of services.
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.
TERMINATION, SUSPENSION, AMENDMENT AND USER ACCOUNTS
Without prejudice to any other rights, powers or remedies we may have, we may:
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;
amend, modify, remove, delete, suspend, or delay services or features of the Platform without giving any explanation or justification;
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;
cancel, suspend, reject, delay or reduce the functionality of user accounts for unauthenticated accounts, accounts that have not been accessed for  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.
You may terminate your user account:
immediately by notice in writing to us; or
by not logging onto the CanTicket Platform for a period of  months.
An Account Holder may terminate your user account immediately by notice in writing to us.
INTELLECTUAL PROPERTY RIGHTS
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 trademarks or service marks.
All other trademarks or service marks on this CanTicket Platform are the property of their respective owners.
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.
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.