BSociable (ABN 26 142 101 773) (“BSociable”), is an event coordination and ticketing platform with a purpose to bringing people and communities together through social events via its mobile software application (available on the iTunes and Google Play stores) and website.
Bsociable owns, operates and maintains the Bsociable mobile software application (“the App”), the website located at www.bsociable.com, Social Media operated by BSociable and the content contained therein.
- Accessing the BSociable App
1.1 By accessing the App, Users agree to be bound by these Terms and Conditions of Use. If Users do not agree with any of these terms and conditions, Users are prohibited from using or accessing the App or accessing the Services. The materials contained in this website are protected by applicable intellectual property law.
1.2 Use of parts of the App (including those parts of the App which are accessible to members of the public) also may be subject to disclaimers or additional terms and conditions.
1.3 BSociable may in its sole and absolute discretion, for any reason or no reason, and without notice:
(a) alter or withdraw any functionality on the App;
(b) withdraw or suspend access to all or any part of the App and any account;
(c) monitor the use of the App;
(d) subject to any applicable laws, treat any material that Users transmit or display as non-confidential and non-proprietary; and
(e) use, edit or remove any material that Users may have uploaded, posted, emailed or otherwise transmitted to the App or BSociable.
1.4 the App is distributed via the Google Play Store and the Apple App Store, and by downloading the App, Users agree to be bound by the terms and conditions of the relevant store.
- Scope of Services provided by BSociable
(a) operates the App as an online platform for the provision of Services for Organizers and Attendees s; and
(b) provides the Services to Organizers and Attendees.
2.2 BSociable enables Organizers and Attendees to create and respond to an Event Listing. An Event Listing permits Attendees to participate in and seek participants for, organised social and sporting Events organised by Organizers. BSociable provides only the platform and facilitates communication between Organizers and Attendees and does not organise, and is not responsible for any Event.
2.3 BSociable accepts no liability for any aspect of User interaction, including but not limited to the description of the Event offered, the communication between Users, and the behaviour of a User, either on the BSociable platform or in connection with an Event.
2.4 BSociable may, but has no obligation to any User to assist in any way in any dispute between Users.
2.5 All information related to the Event is supplied by Users. BSociable does not have any ability, and does not undertake any responsibility to review, approve or verify any User-provided information prior to publication on the App or Social Media operated by BSociable.
2.6 Users expressly agree that BSociable has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users.
2.7 BSociable makes no representation or warranty that:
(a) any material on the App or Social Media operated by BSociable will be relevant, accurate, reliable or complete (nor does BSociable accept any responsibility arising in any way for errors in, or omissions from that material, even if those errors or omissions occur on account of BSociable ’s negligence or gross negligence); or
(b) that access to the App will be timely, secure or uninterrupted.
2.8 Use of, or reliance upon the material on the BSociable platform is entirely at the User’s own risk. Users agree to confirm and verify any material in an Event Listing before acting on the information.
2.9 Any third-party name, contact details, hyperlink or trade mark depicted on the App or Social Media operated by BSociable is for information purposes only and is not intended, and nor shall it be, an endorsement or a recommendation by or on the part of BSociable of any Event, person, product or service.
- User registration and accounts
3.1 In order to gain access to the Events and Services, or to create an Event Listing, a person must be aged 18 or over, or if under the age of 18, first obtain parental consent and register as a User. Users must create a personal, individual account by creating a username and by providing such information as may be required by BSociable from time to time, including the User’s:
(a) preferred user name;
(b) real name;
(c) contact number;
(d) account password;
(e) date of birth and age;
(f) Event and social preferences; and
(g) e-mail address
3.2 Alternatively, BSociable may provide functionality permitting the registration of an account via Social Media. Registration via this method may require the User to grant BSociable access to that User’s Social Media credentials and content.
3.3 User names and information provided under 3.1 and 3.2 must not be:
(a) misleading or deceptive;
(b) offensive; or
(c) in violation or any law or third party rights.
3.4 Users are solely responsible for activity on their account and shall be responsible for maintaining the confidentiality of the account password. No sharing of accounts is permitted.
3.5 Users agree to:
(a) the Terms and Conditions;
(c) all Third-Party Terms;
3.6 The internet is an inherent non-secure environment. Third parties may intercept or modify transmissions to and from the App and it is possible that mobile and computer viruses or other defects may be contained in files obtained from or through the App. We are not liable for any damage that may be a result of a User’s use of the App or of any linked mobile applications or websites.
Cancellation of account
3.7 BSociable may, at its sole discretion and for any or no reason, but subject to any statutory law, refuse registration of an account.
3.9 Users may cancel an account at any time.
3.10 Users agree that it is important that courtesy and good behaviour are maintained at all times. Unsociable behaviour is not tolerated and may result in the cancellation of an account.
4.1 Users who post an Event are solely responsible for the content and accuracy of the Event and must ensure that the Event information provided continues to be accurate.
4.2 An Event must not contain content that breaches any of the requirements of clause 6.
4.3 BSociable may, at its sole discretion and for any or no reason, delete, edit, modify, reformat, convert, excerpt, or translate any material or content related to an Event.
4.4 An Event may be subject to certain requirements as set out in the Event by the Organizer. These requirements may include:
(c) relevant skill and experience;
(d) physical ability or disability;
(f) location; and
(g) payment of a fee
These requirements are not set by BSociable, and BSociable neither endorses nor reviews these requirements.
Paid Events and Fees payable to BSociable
4.5 Some Events may be subject to a fee or charge (“Paid Event”). The Organizer listing the Paid Event is responsible for setting the fee or charge applicable to the Paid Event and for all taxes in connection with an Event or a Listing.
4.6 BSociable may provide a payment gateway system for the collection and disbursement of payment between Organizers and Attendees s via a third party (“Payment Gateway”). Bsociable may charge a fee for providing access to, and the use of the Payment Gateway, as displayed on the App or website from time to time (“BSociable Fee”). BSociable may also charge the BSociable Fee to the Organizer in advance of any Paid Event listing.
4.7 Organizers and Attendees authorise BSociable to deduct the BSociable Fee and any third party Payment Gateway fee from the payments made by Attendees via the App and the Payment Gateway. Subject to the Australian Consumer Law, the BSociable Fee and third party fees are non-refundable, regardless of the status of an Event.
4.8 The BSociable Fees may be changed from time to time and will vary from country to country. BSociable will provide the latest applicable fees and reasonable notice of any changes on its Website or App.
4.9 An Event may have inherent dangers and risks, including risk of injury or death to a participant. Some Events are more dangerous than others and Attendees must first satisfy themselves of their own safety and ability before participation.
4.10 Attendees acknowledge and agree that due to the nature and variety of activities on the platform, it would be unreasonable for BSociable to be in any way responsible for any injury to or death of the Attendee and the Attendee hereby, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases BSociable for loss, damages, injury or death howsoever arising out of or in relation to the participation by the Attendee in the Event including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of BSociable , its office bearers, directors, employees or agents.
4.10 Attendee further acknowledge and agree that they have undertaken the activity in an Event freely, voluntarily and absolutely at their own risk and with a full appreciation of the nature and extent of all risks involved in the activity.
4.11 BSOCIABLE DOES NOT ACCEPT OR UNDERTAKE ANY OBLIGATION TO CHECK OR VERIFY ANY USER’S OR EVENT’S COMPLIANCE WITH ANY LAW OR REGULATION INCLUDING HEALTH AND SAFETY REQUIREMENTS, AND BSOCIABLE DOES NOT ASCERTAIN ANY USER OR THIRD PARTY’S ABILITY TO PARTICIPATE IN OR ORGANISE ANY EVENT. USERS MUST UNDERTAKE THEIR OWN INVESTIGATIONS IN CONNECTION WITH ANY EVENT AND IN PARTICULAR, INHERENTLY DANGEROUS EVENTS.
4.12 Clauses 4.8 to 4.11 bind a User’s estate and executors.
Third Party Terms
4.13 Events and Services may be subject to Third Party Terms. Organizers and Attendees agree that BSociable has no ability to control or direct a third party in relation to Third Party Terms. Organizers and Attendees are solely responsible for compliance with Third Party Terms.
Breach, delay or cancellation by another User or a third party
4.14 In the event that a Third Party Term is breached or an Event or service is delayed, rescheduled or cancelled by the Organizer who posted the Event Listing or a third party or through no fault of BSociable, all requests for refunds or compensation shall be made directly to that Organizer or third party. An Organizer shall use all reasonable efforts to resolve a complaint or dispute within 10 business days of receipt from the Attendee.
Users with disabilities
4.15 BSociable supports access to Events and Services by Users with a disability or infirmity, but this may not always be possible for every Event. Attendees should inform the Organizer who has posted an Event of any special requirements before signing up to an Event.
4.16 Organizers and Attendees are responsible for obtaining any required insurance and are solely responsible for their own personal safety and property.
Consumer Law applies
4.17 Nothing in these terms and conditions is intended to limit, or limits, any rights Users may have under the Competition and Consumer Act 2010 (Cth) (including under the Australian Consumer Law set out in Schedule 2 of that Act) or any other applicable consumer law.
- User License - the App
5.1 Permission is granted to download any of the App materials for personal, non-commercial use only.
5.2 This is a grant of a non-exclusive license, not a transfer of title, and under this license Users may not:
(a) modify or copy the materials (other than in creating or editing an Event);
(b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
(c) attempt to decompile or reverse engineer any software contained in or on the mobile application;
(d) remove any copyright or other proprietary notations from the materials; or
(e) transfer the materials to another person or "mirror" the materials on any other server.
5.4 Intellectual property rights for software, scripts, programming code, animation, information, material and processes used in the App are BSociable’s sole property including without limitation, all copyrights and other proprietary rights inherent therein.
5.5 Users are not allowed to attempt to extract the source code of the App, and also should not try to translate the App into other languages, or make derivative versions. Users must not do anything which interferes with or breaches any laws or these intellectual property rights in the App or any of its components.
- Use of the App
6.1 Users must not, in connection with the use of the App or any Social Media operated by BSociable, act in a manner which:
(a) is criminal, contrary to any law or any third party’s rights, or which may encourage a person to act in a way which is criminal, contrary to any law or any third party’s rights;
(b) may result in damage to the App or any property or equipment of BSociable , its directors, employees, contractors or agents;
(c) may restrict, disrupt or inhibit any other user from using or enjoying the App;
(d) endangers the health or safety of any person;
(e) may cause an interference to any business conducted by BSociable ;
(f) upload, post, email or otherwise transmit any of the following to, or through, the App or Social Media:
(i) confidential material;
(ii) misleading or deceptive material;
(iii) offensive material;
(iv) material which the User does not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from the owner of the material or relevant right holder and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder; or
(v) material which contains a virus, or other harmful or potentially harmful code;
(g) alter, damage or delete any material on the App or the Social Media operated by BSociable;
(h) hold the User out as having any authority to act on behalf of BSociable or
(i) collect or store personal information about other users in a manner which is inconsistent with these Terms and Conditions.
6.2 Users must obey any reasonable instruction of BSociable in using the App. This includes the list of ‘Do’s and Don’ts’ provided on the Website or App from time to time.
Disputes between Organizers and Attendees
6.3 Any dispute in connection with an Event including price, ticketing and event goods and services must be addressed to the Organizer directly. Organizers and Attendees agree that BSociable has no liability in relation to any dispute in connection with an Event and will hold BSociable harmless.
Internet Connection required
6.4 The App requires an active internet connection. The connection can be Wi-Fi, or provided by a mobile network provider, but Bsociable cannot take responsibility for the App not working if Users do not have an active internet connection.
6.5 Mobile network data charges may apply. Users may be charged by their mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, Users accept responsibility for any such charges, including roaming data charges if the App is used outside of the User’s region or country without turning off data roaming. Users warrant that they have received permission from the bill payer for using the App.
6.6 As part of installation of the App on a mobile device, the App will ask if Users would like it to send Users “Push Notifications”, which may include alerts, badges, banners and sounds, on a User’s mobile device. If Users choose to allow Push Notifications then the App will generate Push Notifications on the User’s mobile device and Users acknowledge and consent to receipt of these Push Notifications.
6.7 Users agree to BSociable sending to Users communications via email (“Email Notifications”). Users acknowledge and agree that receipt of Email Notifications is dependent on the operation of the relevant mobile device provider and the service of the mobile device provider. BSociable will not be responsible or liable for any costs or damages incurred by Users not receiving Email Notifications or Push Notifications, or by the insufficient operation of a mobile device, mobile network and mobile phone company.
- Users’ Intellectual Property
All material and content posted or submitted by a User to BSociable , Social Media operated by BSociable or on the App is the intellectual property of that User. However, each User grants a free and irrevocable licence in perpetuity to BSociable and its assigns and successors to use any part or the whole of any intellectual property, in any form, for any purpose it deems fit, including for advertising and marketing of the App or any other products and services offered by BSociable, its related bodies corporate, partners, advertisers, suppliers or contractors.
- No warranties and limitation of liability
9.1 To the extent permitted by law, BSociable excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where BSociable is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth)), BSociable’s liability is limited (to the extent permitted by law) at its option to the following:
- in the case of goods supplied or offered by it:
- to the supply of those goods again; or
(ii) to the payment of the cost of having those goods supplied again; or
(b) in the case of services supplied or offered by it:
(i) to the supply of the services again; or
(ii) to the payment of the cost of having services supplied again.
9.2 BSociable, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:
(a) a User’s use of or inability to use the App or a Service,
(b) any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the App;
(c) any information available on or through the App or on or through any website to which there is a link from the App; or
(d) BSociable’s negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.
9.3 Users indemnify BSociable, its related bodies corporate, their officers and employees, and service providers) from and against all:
(a) liability to any third party;
(b) liability to any User;
(c) damage to property; and
(d) other liability, damage or loss;
insofar as the injury, damage or other liability, damage or loss is attributable to that User’s negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, their performance, or the failure to perform them.
- Revisions and Errata
The materials appearing on the App or Social Media operated by BSociable could include technical, typographical, or photographic errors. BSociable does not warrant that any of the materials on the App are accurate, complete, or current. BSociable may make changes to the materials contained on its website at any time without notice. BSociable does not, however, make any commitment to update the materials.
- Links and Advertising
BSociable has not reviewed the sites linked to or from the App, Social Media operated by BSociable or third party advertising. All links and advertising provided are for Users’ convenience only, and BSociable is not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by BSociable of the site. Use of any such linked website or advertising is at the User's own risk.
BSociable may revise these terms and conditions at any time without notice. By using the App, Users are agreeing to be bound by then current version of these Terms and Conditions of Use.
- Governing Law
Any claim relating to these Terms and Conditions of Use or the use of the App or Services shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of law provisions, and parties agree to submit to the jurisdiction of the Courts of that State.
If any provision of these Terms and Conditions of Use is held invalid, unenforceable, or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be deemed deleted.
Attendee means a User that uses the Services to participate or potentially participate in an Event listed by an Organizer.
Event means a listing created by a User on the App displaying an Event or Service and related information.
Organizer means a User that uses the Services to list an Event.
Service means listing Events, listing opportunities to socialise with other Users, and other services, as stated on the App from time to time.
Social Media means any third-party software or service that permits communication and social networking between users such as Facebook, Instagram and Twitter.
Event means an event organized by third parties which may opportunities to participate in social, sports and recreational activities.
Third Party Terms means the terms imposed by a User or third party including, without limitations, terms imposed by a:
- financial institution;
- app store from which the App is downloaded;
- ticket issuer;
- transportation provider;
- event organizer; or
- Social Media provider
User means any person accessing the App and Services provided by BSociable.