BizziEvents Platform Agreement (BPA)

Updated 22 November, 2023

This agreement is between all Users on BizziEvents Platform Services between BizziEvents and the Vendors and Event Planners who use the Platform.

Mentions of “{BizziEvents},” “we,” “us,” and “our,” refer to BizziEvents Pty Ltd (ABN 43 664 327 593, ACN 664 327 593).

Mentions of “you” and “your” refer to the Vendor Client Company or Event Planner Client Company for the purpose of this BizziEvents Platform Services Agreement.

Background

  1. The BizziEvents Platform exists to help connect corporate Event Planners with Vendors.
  2. Vendors are able to list their services and respond to event enquiries
  3. Event Planners are able to find Vendor Services and submit Event Briefs
  4. Additional Services are able to be purchased by Event Planners in accordance with an additional Services Agreement 

We’ve aimed to make this Platform Agreement as simple as possible. Please take time to read it, as it governs your use of our Services, as well as how to interact with other Users.

Definitions

  1. “Agreement”, “BizziEvents Platform Services Agreement” and “BPA” refers to this agreement.
  2. “Confidential Information” refers to any confidential or proprietary information in respect to the Client Company or Company or Related Bodies which is not in the public domain, except where required for the completion of the services for which each Vendor is engaged for.
  3. “Vendors” refers to the company, organisation, or individual who is supplying a product or service related to corporate events and include, but are not limited to, venues, catering, photography, videography, audio visual and/or entertainment.
  4. “Vendor Service” refers to an additional service provided by a Vendor, for example sourcing catering or AV from their panel of suppliers.
  5. “Event Planners” refers to the individual or group that is planning a corporate event.
  6. “Platform” refers to an online portal where Vendors can list their Services and Corporate Clients are able to enquire to book those services.
  7. “Concierge” refers to the service where BizziEvents team helps source Vendor Services on behalf of our Clients.
  8. “Brief” refers to the information provided to BizziEvents for the purposes of event planning or management.
  9. "Clients" refers to Event Planners for the purpose of planning corporate events.
  10. “Users” refers to any Vendor, Event Planner or Client Company.
  11. “Website” refers to bizzievents.com.au, bookings.bizzievents.com.au or any associated website or profile.

Part 1: General Terms

1.1 Platform Services

BizziEvents is a marketplace that offers services (“Services”) to its Users. There are two types of BizziEvents Users: (1) Clients, e.g. the Event Planners and Users who need to book a Vendor for work-related purposes; and (2) Vendors, e.g. our Users who offer their Services to become Vendors for our Clients booking corporate events.

BizziEvents connects them all through the BizziEvents Platform (“Platform”) which allows our Users to connect and communicate through “Enquiries”. We aim to continuously improve our Platform for all Users and reserve the right to make changes at our discretion.

1.2 Using Our Platform Services

(a) Eligibility. You must be a business owner or authorised representative of a business, and booking for the purpose of a work event, in order to utilise any Service. By using the Platform and / or our Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the BizziEvents. You agree to comply with any rules or requirements applicable to the Booking that you are made aware of. Any violation may result in BizziEvents or a Vendor taking civil action for any damages.

Without limiting the requirements and responsibilities set forth above, you acknowledge and agree that the Rules include your responsibility for taking all legally required and other appropriate health and safety measures to protect yourself, Vendors, Clients, and any Guests attending any Event Booking from the spread or potential spread of infectious diseases, or any other unhealthy, unsafe, or unsanitary conditions. You also acknowledge and agree that you have read and will comply with Vendor COVID-19 Health & Safety Measures (the “Safety Measures”).

(b) Third Party Services and Content. Vendor services are third party services that BizziEvents does not control. BizziEvents does not endorse any such Service and in no event shall BizziEvents be liable or responsible for any third party services or third party services providers (like Vendors or their Vendor Services).

(c) Planning an Event Booking. Our Platform allows Users to connect to each other to plan corporate events. Users control the availability, quality, and terms of their Listings and Vendor Services. BizziEvents is not responsible for the content posted by our Users, nor are we responsible for the quality of Vendor Services. We do not make any representations or warranties as to the conduct of Users or their interactions with any current or future Users, or assume any responsibility for the confirmation of any user’s identity, however, notwithstanding the foregoing, and as permitted by applicable laws, we may, but have no obligation to, take efforts to verify the identity of Users and/or screen them against public and private databases for the purposes of preventing fraudulent activity and providing a safe transacting community. While BizziEvents reserves the right to conduct additional screenings on any user, which may include background checks, BizziEvents does not do so in all cases.

(d) Bookings. The onus will be on the Event Planner to complete the booking request directly with the Vendor. This often will require a deposit or a complete payment.

(e) Communication With BizziEvents. You agree that BizziEvents may contact you by telephone, text messages or SMS, through electronic messaging on the Platform, via email, or any other communication method provided by you or on your behalf in connection with your Account, including for marketing purposes. You understand you may opt out of those marketing communications at any time.

(f) Compliance with the Law. You will comply with all Laws applicable to your use of any BizziEvents offering, including Concierge Services. While we may provide information to help you understand certain obligations of using various Services, we are not authorised to provide and do not provide any legal advice.

(g) Contractual Disputes Between the Client Company and the Vendor. The Client Company and Vendors are independent third-parties and are not affiliated, controlled by, or employed by BizziEvents. Vendors set their own prices, use their own facilities and resources to manage and pay for bookings, and may apply conditions of use to their Vendor Services as they feel is appropriate for their business.

(h) Non-Circumvention. The Client Company and Vendors acknowledge that BizziEvents has devoted substantial time and resources in developing their Platform and Services and such information is inherently valuable information owned solely by BizziEvents. Accordingly, Vendors and Clients shall not circumvent or bypass BizziEvents’ ownership interest in such information, directly or indirectly, except with prior express written consent of BizziEvents.

(i) Branding Promotion: BizziEvents may use your business name and/or logo in order to support BizziEvents services, including sourcing Vendors.

1.3 Prohibited Uses

You may use our Services only for lawful purposes and in accordance with this BPA.

You agree not to use our Services:

(a) In any way that violates any applicable local, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Australia or other countries);

(b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

(c) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards for content outlined in this BPA, BizziEvents Concierge Services Agreement and Community Guidelines;

(d) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

Additionally, you agree not to act in a manner that is damaging to BizziEvents reputation and/or goodwill;

1.4 Your Account

(a) Sign up / Registration. Before using the Platform or Services, you must create an account with BizziEvents (“Account”). When registering on behalf of a legal entity, you represent and warrant that you have the authority to legally bind that entity and grant all rights, permissions, and licenses contained in this BPA or any other applicable terms, in your jurisdiction of residence. Misrepresenting your affiliation or association with an entity may result in immediate termination of your Account, ineligibility to participate in any of our Services, monetary damages, and reporting to the appropriate legal authority.

(b) Account Security. You will be required to provide an email address and password to keep your Account secure (“Credentials”) and agree to keep your Credentials private and secure. You are responsible for any actions associated with your Account whether or not authorised. You are solely responsible for the actions or communications of your employees, representatives, hires, or agents (“Agents”). We are not responsible for and disclaim all liability for use of your Account by your Agents. You may not assign or transfer your Account to another party.

(c) Account Updates. We may ask that you update your Account or provide additional or different information at any time. This includes requiring additional details about Vendor Services or account information. An updated account and listings page is more likely to result in booking enquiries.

(d) Account Termination By You. You may terminate your Account at any time by notifying us in writing to team@BizziEvents.com.au. You are responsible for all activity associated with your Account made before it is closed including: (i) payment of Fees, Taxes, Fines or other charges; (ii) providing use of Vendor Services to Clients as previously Booked; or (iii) other liabilities caused by or resulting from use of the Platform or Service. We may retain Content and continue to display and use any public Content (including comments or reviews of Vendor Services) after your Account is terminated. Fees will not be refunded.

(e) Account Termination By Us. Subject to applicable law, we may suspend your Account, or terminate this BPA and your Account at any time and based on our sole discretion without limitation. We are likely to terminate your account if (i) we believe that use of your Account poses a risk to BizziEvents, you, other users, or third parties; (ii) there is evidence of actual or potential fraud by you or on your behalf; (iii) you fail to pay BizziEvents or Vendor fees; or (iv) you fail to comply with this BPA or applicable Law. Fees will not be refunded and termination may be immediate and without advance notice.

(f) Survival. Upon termination of this BPA or any agreement between you and BizziEvents, the clauses of this BPA that reasonably should survive termination will remain in effect.

1.5 Fees and Taxes

(a) Fees Charged by BizziEvents. BizziEvents currently does not charge any fee for the use of the Platform. BizziEvents reserves the right to alter or amend its fees at any time and such changes will become effective after reasonable notice has been given.

(b) Fees Charge by Vendors. BizziEvents facilitates enquiries between parties. All bookings made by Clients include fees owed directly to the Vendors. Payment methods and terms are governed by Third Parties to BizziEvents.

(c) Payment. If you owe amounts and we are unable to receive payment for any reason, then we may require that you pay through other means (such as direct debit, PayPal or wire transfer). You are responsible for any costs or expenses associated with our recovering of Fees, Taxes, or Fines owed, including our legal fees or expenses. In our discretion, any late payments of more than 14 days may incur a late charge of ten percent (10%) of the amount per annum, calculated daily.

(d) Payment Processing. Acceptance and payment of funds between the Company and the Client Company (“Payment Processing”) is provided by Stripe. Your use of Payment Processing is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement (collectively, the “Stripe Agreement”). By agreeing to this BPA or continuing to operate as a Client or Vendor on BizziEvents, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. The Stripe entity with whom you contract will be set out in the Stripe Agreement.

Part 2: Platform Service

2.1 Ownership, License, and Restrictions

(a) BizziEvents Intellectual Property. BizziEvents owns all rights, titles, and interests in the Websites, Platform and Services, and all intellectual property embodied or contained in them (individually and collectively, “IP”). IP includes all registered or potential patents, copyrights, trademarks, trade secrets, and other proprietary rights. Through your Agreement, we grant you a limited, temporary, revocable, non-transferable, non-exclusive licence to use the Service for the purposes described in this BPA and only as provided to you through Concierge. This licence does not constitute a transfer of ownership or grant you any additional rights to use the IP. You may not register, claim ownership in, or sublicense the Platform, Services, or IP; use the Platform, Service, or IP in violation of this BPA or Laws; or reverse engineer or copy all or any portion of the Platform, Service, or IP (except as expressly permitted). Subject to applicable law, we may suspend or close your Account and pursue legal action against you if we believe or determine that your use of the Platform, Service, or IP exceeds the scope of this grant; or that you are attempting to hack or disrupt the use of the Platform, Service, or IP by others; or that you are otherwise interfering with the normal operation of the Platform or Service.

(b) Third-Party Rights. Some features of BizziEvents are provided by third parties. As an example, we may provide links to Google Maps or Vendor websites. Your use of those features is subject to that company’s Terms of Use. If you click on a link to third-party sites or services you will be directed to a site or service we do not control, and your use will be subject to different terms and conditions.

2.2 Content on the Platform

(a) Posting Content. When creating or using the Platform and Services, you may be asked to or may voluntarily provide information about yourself, a Vendor Service, comments, or other information including text, images, or videos (collectively, “Content”). You represent and warrant that you are authorised to provide Content to the Platform and that any Content you provide does not violate the proprietary or privacy rights of a third party. You grant BizziEvents a fully-paid, worldwide, non-exclusive, perpetual licence to use, copy, transmit, distribute, modify, publicly display, and sublicense any Content you provide to us. This grant includes our ability to use any Content for both internal use (such as analysis to improve the Platform or Services) or external use (such as in marketing or advertising.

(b) Accuracy of Content. You will only provide Content to us that you own or have authorisation to provide, and ensure that Content is accurate and complete. We reserve the right, but shall not be obligated, to use public and private data sources to validate the accuracy of any Content.

(c) Community Guidelines: We have established Community Guidelines that set our expectations for all Users on the Platform. You will review and abide by the Community Guidelines whenever using the Platform or Services, communicating with other Users, or using or providing use of Vendor Services. BizziEvents has no obligation to monitor Users’ compliance with or to enforce the Community Guidelines and shall have no liability for any user’s violation of the Community Guidelines

2.3 Social Event Booking Policy

To create assurance that events will be run in a safe, legal, and respectful manner, we do not allow the use of the Service or Platform for personal events.

2.4 Privacy; Data Security

(a) Privacy. BizziEvents is, at all times, considered the data controller of personally identifiable information collected through the Platform. Personally identifiable information (“PII”) means any data collected or obtained by or on behalf of BizziEvents in connection with this BPA or through the Platform that identifies, may be used to identify, contact, or locate a living person to whom such information pertains, or from which identification of an individual living person can be derived. PII includes, but is not limited to: name, business address, email address, IP address, phone number, credit card number(s), bank account routing numbers, or other similar information. Our practices related to PII collected by or through the Platform are disclosed in our Privacy Policy. As between us and a Vendor, disclosure of PII in connection with a Booking or an Event Booking shall not be deemed a sale of PII, but an intentional disclosure at the direction of the Client or end-user whose PII is subject to disclosure and is provided for the purposes of fulfilling a contractual obligation. Neither party shall be deemed the service provider, processor, custodian, or agent of the other party with respect to the PII shared pursuant to this BPA.

(b) Data Security. Only duly authorised BizziEvents personnel or contractors are permitted to access a User’s PII and only to fulfil the obligations of this BPA. BizziEvents shall immediately notify Users of any known or suspected security breach that may result in the unauthorised use, access, disclosure, alteration, or destruction of PII. BizziEvents shall immediately notify Users of any legally binding request for disclosure of PII by a governmental authority and shall provide Users with an opportunity to waive his/her/its rights or to seek a protective order, unless BizziEvents is prohibited by Laws from doing so. BizziEvents represents and warrants that our collection, access, use, storage, disposal, and disclosure of PII collected in performing the Services does and will comply with all Laws.

Part 3: BizziEvents Platform Bookings

3.1 Terms Applicable To Vendors

(a) Listings. When you make a Vendor Service available for Bookings (“List” a Vendor Service) as a Vendor, you must provide all required details about the Vendor Service including a description, how it may be used, the cost of a Booking, availability, a list of any facilities, current pictures, rules, and other details about its potential uses and condition (collectively, “Description”). This includes details regarding use of any amenities, hireable equipment, Vendor Add-Ons available at an additional charge, or fixtures that are part of or in the Vendor Service (collectively, “Amenities”). While it is important to communicate excitement and the benefits of your Vendor Service, the Description must be accurate and give potential Clients a reasonably accurate understanding of how they may use the Vendor Service for their Event Booking, including the disclosure of any deficiencies, restrictions, or applicable policies. We request this because we have been asked by our Clients regarding accessibility, inclusions, features and other Amenities. Any terms or conditions included in your Listing must not conflict with this BPA or applicable policies unless expressly permitted by BizziEvents in writing. For example, you may not (i) modify or expand a Client’s financial responsibilities or limit a Client’s ability to seek recourse or restitution under this BPA, (ii) violate the Community Guidelines or Laws.

(b) Permission to List And Book Vendor Services. You represent and warrant that you are permitted under applicable Laws to List and confirm a Booking of any Vendor Services provided, that Vendor Services comply with applicable Laws, and that you will reasonably facilitate and not obstruct the use of a Vendor Service as Booked by a Client. Vendors acknowledge and agree that they may not List or confirm a Booking for any Vendor Services that they do not own or for which they do not otherwise have express permission to List. Vendors represent and warrant that they are authorised (e.g., by the owner of any applicable Vendor Service) to enter into the BPA and participate in all requirements for the Listing, Booking, and collection of Payments, or other terms pertaining to Vendors. In addition, you represent and warrant that any Listing you post, any Booking of a Vendor Service, or a Client’s use of a Vendor Service will not breach any agreements you have entered into with any third parties, including but not limited to, lease agreements, homeowners associations, condominium associations, facilities managers, property managers, or other agreements, and will comply with all applicable laws, rules, regulations, restrictions (including having permits, licences, and/or registrations), or other terms placed on the Vendor Service or use of the Vendor Service.

(c) Bookings. Bookings are created when you accept a booking request made through a Client Enquiry, receive an acceptance to a custom offer you have submitted to a Client. Bookings are a legally binding agreement between you and a Client which means you are required to provide the Vendor Service and Vendor Services as described in your Listing and according to the terms agreed to in your Booking.

(d) Booking Price. You are solely responsible for setting the Offer Price (excluding GST). This should be provided to the Client through the platform where possible. Your own terms and conditions outline the requirement and obligation between yourself and the Client.

(e) Conditions of the Vendor Service. You are responsible for maintaining the Vendor Service and Amenities so that Clients may reasonably use them as provided in the Description and Booking. Vendor Services and Amenities must be in good working order and provided to Clients in a safe, clean and usable condition. Any plumbing, electrical, structural or other physical deficiencies or defects must be corrected or disclosed before you List a Vendor Service. Except as specified in a Booking Agreement, all water, electricity, HVAC and other utility services (exclusive of telephone and data services) shall be provided with the Vendor Service at no additional cost. The condition of the Vendor Service must be broom-clean and accurate to its portrayal on your Listings.

(f) Booking Agreements. In certain cases, we may elect to require a supplemental Booking Agreement with your Listing that includes all or part of the Description including a listing of any Amenities and any additional terms and conditions. Where required, the Booking Agreement will incorporate this Agreement and supplement and be a part of the binding agreement between you and a Client. Except where approved by BizziEvents, Booking Agreements with supplemental clauses may not impose rules or limitations on use that are materially different than those listed in the Description, include any additional contractual obligations, or alter Clients’ or Vendors’ liabilities.

(g) Recordings. During their Event Booking, Clients may photograph, film, or otherwise record events when using Vendor Services and Amenities (“Event Booking Recordings”). Except as expressly prohibited by federal, state, or other Laws or as otherwise set forth in the Description or any Booking Agreement, you grant to any Client that Books a Vendor Service a fully-paid, worldwide, non-exclusive, perpetual licence to use, copy, transmit, distribute, modify, publicly display, and sublicense Event Booking Recordings that may include or identify the Vendor Service or Amenities. Any disputes between Vendors and Clients related to unauthorised use of Event Booking Recordings will be resolved according to the provisions laid out in Section 4.1.

(h) Surveillance. As a Vendor, if you have any type of security camera, surveillance equipment or other recording device in or around your Vendor Service, you are required to disclose it in the Listing, even if it is not turned on or functional. You are also required to disclose how a Client may be monitored if a recording will take place. Vendors are not permitted to have any security cameras or other recording devices in private Services, such as bedrooms or bathrooms, regardless of whether they have been disclosed. For the avoidance of doubt, a private Service will not include any portion of a Vendor Service that has been Booked to carry out a commercial purpose (for example, a photo shoot for homewares which takes place in a kitchen).

(i) Conduct and Fees. As a Vendor, you are solely responsible for ensuring that Vendor Services and Amenities comply with all applicable Laws including any alcoholic beverage laws, local ordinances related to the condition, licensure, or registration of Vendor Services for use by Clients, and payment of Taxes. We may condition your continued use of the Platform or Services on your providing proof, to our reasonable satisfaction, of your compliance with Laws at any time. Vendors are responsible for their own acts and omissions as well as the acts and omissions of any individuals who work or reside at or are otherwise present at a Vendor Service at your request or invitation, excluding the Client and any individuals the Client invites to the Vendor Service.

(j) Preparation for and Supervision of Event Booking. As a Vendor, you are solely responsible for (i) preserving and protecting your Vendor Service and Amenities by removing and/or securing valuable, vulnerable or sensitive items, (ii) determining the appropriate types and intensities of permitted uses in your Vendor Service, (iii) evaluating the appropriateness of potential Clients, and (iv) supervising and monitoring the Vendor Service and Amenities and your Client’s use of the Vendor Service and Amenities for the Event Booking, to the extent (if any) you as Vendor determine in your sole judgement. As a Vendor, you may subject to applicable law, terminate an Event Booking or Booking at any time and without advance notice or repayment of any Payments to a Client if you determine that (i) a Client has materially misrepresented the proposed Event Booking or Booking; (ii) the Event Booking as actually planned or undertaken is not in compliance with the originally proposed Booking or the terms of this BPA; (iii) permitting the Booking to continue would endanger the safety or security of the Vendor Service of your tenants and residents; or (iv) the Booking creates an unreasonable noise, odour, nuisance, or otherwise disturbs the quiet enjoyment of the Vendor Service or your tenant’s or your ability to conduct the day-to-day business operations of the Vendor Service.

(k) Provision of Alcoholic Beverages. If a Vendor sells alcoholic beverages, the Vendor represents and warrants that: (a) it holds a valid, current alcoholic beverage licence from the state, territory, and/or local licensing authorities that permits sales of alcohol directly to consumers; (b) that it currently complies and will comply with all alcoholic beverage laws; and (c) that it is responsible to alcoholic beverage authorities for activities or Bookings made on BizziEvents and any orders of alcohol beverages under this Agreement. The Vendor shall maintain all alcoholic beverage permits and licences necessary and retain order records necessary to provide alcoholic beverage services as required by all applicable alcoholic beverage laws. Vendor acknowledges and agrees that orders will be fulfilled based on and under its legal rights under its alcoholic beverage licences.

3.2 Terms Applicable to Clients.

(a) Bookings. Bookings are created when a Vendor confirmed their acceptance of your booking request that you made through the Platform. A Booking creates a contractual relationship between Users.

(b) Booking Confirmation. Vendor bookings are a direct agreement between the Client Company and the Vendor.

(c) Conduct and Fees. You agree to comply with any Booking Agreements required by the Vendor throughout the Booking and use the Vendor Service only as permitted or agreed upon.

(d) Cancellation and Refunds. All Bookings made through the Platform are subject to the cancellation and refund policies set out by the Vendor. BizziEvents Services are separate to this agreement and are covered in our BizziEvents Services Agreement.

(e) Using Vendor Services. You may have the ability to book additional Vendor Services as part of your Booking. Vendors are independent third-party contractors and are not affiliated with, or under the control of, BizziEvents. You understand that Vendor Services are provided by Vendors and not BizziEvents. Subject to applicable law, we are not responsible for and disclaim all responsibility for and liability resulting from Vendors’ actions or failure to act, for the nature or quality of any Vendor Services, and for any loss or injury you or others sustain arising out of or related to Vendor Services.

(f) Guests. You are responsible for your own acts and omissions as well as the acts and omissions of your invitees or other individuals to whom you provide access to the Vendor Service (collectively referred to as “Guests”), excluding the Vendor and the Vendor’s invitees, if applicable.

3.3 Insurance

You shall acquire and maintain all insurance as required by Law and suitable for you or your business. You are solely responsible for understanding and evaluating what insurance is appropriate to cover damage, loss, injury, legal liability, and other harm specific to you, your business, your Guests, third parties, the Vendor Service (including personal property within), and deciding what type of coverage, limits and providers are appropriate for you.

3.4 Damages

Damages to Vendor Services. Clients are responsible for any damages that a Client or their Guests cause to a Vendor Service or any personal property at a Vendor Service.

Part 4: Disputes & Binding Arbitration

4.1 Disputes Between Users

BizziEvents requires Vendors and Clients to resolve disputes informally between themselves, however Users should notify BizziEvents of a potential Dispute within 48 hours after an Event Booking and document any damage, disputes, statements, or other material facts that may impact a User Dispute and impact the enforcement of any applicable term, policy, or provision. This will enable BizziEvents to also make a decision regarding any continued use of the Service or Platform by any Client or Vendor.

4.2 Conflict of Rules

If any provision of this Section 4 is found to be invalid or unenforceable, the reviewing court or arbitrator, as applicable, will interpret or revise the provisions only as minimally necessary to comply with Law. All the other provisions will remain enforceable and intact as written.

Part 5: Additional Terms

5.1 Disclaimers

Subject to applicable law, you understand and agree that use of Concierge Services are at your own risk. BizziEvents is not responsible for performing background checks on Vendors; does not review the condition of Services or ensure that they comply with existing law, meet any specific requirements, or are consistent with their description; and does not guarantee performance of any user or third party. Any information provided to you regarding users, Services, Vendors or Vendor services is only provided to facilitate your Concierge Service and is provided “as is” and without any representation or warranty.

Subject to applicable law, BizziEvents disclaims all responsibility for and liability resulting from the negligence, intentional misconduct, or criminal activity of all users or third parties, or any injury or property damage that occurs to you, third parties, or property while accessing or using Services, Vendors or Vendor Services.

5.2 Limitation of Liability

Relevant Australian Laws do not allow the limitation of liability or certain damages for consumers.

Except to the limited extent of the BizziEvents fees (as defined below) under no circumstances or any legal theory will BizziEvents or its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, distributors, Vendors, attorneys, or affiliates be liable to you or any third party for any damages (whether direct, indirect, general, compensatory, incidental, consequential, special, punitive, exemplary or otherwise), injury, claim or liability of any kind or character based upon or arising from your use of or inability to use the platform or services, or Services or Vendor services, even if we have been advised of the possibility of damages. if you are dissatisfied with the platform or services, or any content contained therein, your sole and exclusive remedy is to discontinue using the platform and services. As used herein, “BizziEvents fees” shall mean the amount paid by you to BizziEvents, excluding any amounts that were paid or payable to Vendors or Vendors, for use of the platform or services.

The limitation of liability set forth above applies to the extent permitted by law.

5.3 Non-Australian Events

We do not currently allow for use of the Service to Book Events outside of Australia without prior discussion. Please contact BizziEvents Concierge Team for international events.

5.4 Force Majeure; Cancellations

BizziEvents is not responsible or liable for non-performance caused by telecommunications failures, non-performance of Vendors, fires, pandemics, epidemics, or other acts of nature, strife or acts of political discord, or other events outside its reasonable control (each a “Force Majeure”).

5.5 No Assignment

You may not assign this BPA or any rights granted to you, including operation or management of your Account, without our prior written consent. Any attempt to do so without our prior consent will be void. We may assign this BPA upon notice to you as part of a sale or transfer of part or all of our business. Any permitted transfer will inure to the benefit of and bind any successors in interest.

5.6 Entire Agreement; Interpretation.

This BPA together with any Booking Agreement incorporates the Privacy Policy and any other policies referenced therein, which constitute the entire agreement between you and BizziEvents governing your use of the Platform Services. This BPA supersedes all prior understandings or agreements between you and BizziEvents. As between you and BizziEvents, this BPA controls any conflicting terms in a Booking Agreement except where expressly stated otherwise and agreed upon in writing between the parties.

5.7 Severability

Where any part of this BPA is found to be invalid or unenforceable, it will be – to the extent permitted by applicable law – reformed or reinterpreted through force of Law as minimally required to accomplish the objectives while maintaining the original intent of such provision. If such can’t be accomplished, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

5.8 Notice

You may send notices in relation to the BPA to us. To the extent permitted by applicable law, you agree that any email notice from us is considered accepted by you one day after such notice was sent and will have the same legal effect as if it were physically delivered to you.

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