Terms and Conditions – Event Organisers

These terms and conditions apply to the use of this website and the O-tix ticketing and registration platform supplied by Omnyfy. by creating an account and an event on the O-tix platform, you accept these terms and conditions and you agree to be bound by these terms and conditions and Omnyfy’s Privacy Policy.  If you do not accept these terms and conditions and Omnyfy’s Privacy Policy, do not continue to use the O-tix ticketing and registration platform.

  1. Terminology

In these terms and conditions:

  • the expressions we, us, our, and Omnyfy refer to iData Group Pty. Ltd. (ABN 64 159 283 324), trading as Omnyfy. Omnyfy’s registered office is at 134 Rupert Street, Collingwood, Victoria 3066.
  • Omnyfy Websites means omnyfy.com, www.omnyfyevents.com www.o-tix.com http://admin.o-tix.com and any other website notified to you by Omnyfy that replaces or is additional to the website.
  • O-tix Platform means the web based software platform together with associated plugins, application program interfaces (API’s), sub-modules, services and support infrastructure created and operated by Omnyfy that enables the creation of Event Listings, sale and distribution of tickets, acceptance of registrations, and collection, storage and access of data relating to events. The Omnyfy Websites are part of the O-tix Platform.
  • Event Organiser, you and your refer to a person, corporation or association that uses the O-tix Platform to sell tickets and accept registrations for an event.
  • Event Listing means a mini-website created by an Event Organiser using the O-tix Platform which provides information about an event, and collects and stores ticketing and registration information.
  • Listing Content means content an Event Organiser includes in an Event Listing.
  • Sensitive Information has same meaning as in the Privacy Act 1988.
  • Services means any services provided by Omnyfy to you in relation to an event, including access to the O-tix Platform, registration and ticketing services, data capture, and additional services as described in paragraph 8.
  • User means a person who registers for or acquires tickets for an event through the O-tix Platform, or who provides data in response to a Vendor Data Capture Question.
  • Vendor means an exhibitor at, seller of products or services at, or sponsor of one of your events.
  • Vendor Data Capture Question means a question asked of a person attending an event using the O-tix Platform in order to obtain user data relevant to a Vendor.

 

  1. Amendments to terms and conditions

We reserve the right to amend these terms and conditions from time to time by either posting the changes on the Omnyfy Events Website (www.omnyfyevents.com) or O-tix Website (www.o-tix.com), or by giving you notice in accordance with paragraph 20.  It is your responsibility to check these websites for changes before creating each Event Listing.  The amendments will not apply to an event if the Event Listing was created before notice of the amendment is given. Your use of the O-tix Platform to create an Event Listing following notice will indicate that you agree to be bound by the terms and conditions as amended.


 

  1. Provision of Services

Omnyfy supplies the O-tix Platform for use by Event Organisers under a Software as a Service agreement. We do not represent you, the organiser, nor are we an agent. The O-tix Platform allows Event Organisers to create, manage, accept payments and make refunds for tickets purchased via the platform. As an Organiser, you are responsible for all aspects of your event, including compliance with any existing legislation and taxation requirements. Omnyfy provides the O-tix platform as-is and makes no representation as to its applicability or suitability for your event. Please evaluate the platform to determine its suitability.

Omnyfy will provide the following Services on the O-tix Platform for each Event Listing:

  • ticket purchase;
  • content management
  • attendee registration;
  • attendee check-in
  • collection and forwarding of ticket payments;
  • collection, storage and access to User data; and
  • electronic ticket delivery by SMS or email.
The Event Listing may be hosted by Omnyfy, or inserted into your website through a secure iframe, at your option. If using a secure iframe, the website on which the iframe is positioned is not part of the Omnyfy Platform, and Omnyfy has no responsibility for the content or use of this website.

  1. Fees and payments

We charge fees for Services as per the table below. These fees and charges are the default costs associated with operating your event on O-tix’s platform. O-tix reserves the right to modify our fees from time-to-time. All fee changes will be updated on our website at www.o-tix.com.au.

Costs associated with running an event on O-tix.

    • Paid tickets: $1.00 per ticket (unless otherwise quoted in a promotion)
    • Transaction fees: 2.4% of the transaction amount (where the base currency is AUD), 4.5% of the transaction amount (where the base currency is not AUD)
    • All free tickets for events with other PAID tickets are free
    • Complimentary tickets: All Complimentary tickets that are free carry no cost
    • Donations: No fee charged by O-tix, but incur a 2.4% transaction fee
    • Chargebacks: We do our best to assist with all chargebacks or claims, however if any Chargeback fee is incurred, this will be passed on in full to Organisers. Cost per chargeback is $25.00
    • Refunds: Refunds incur a $0.30 per refunded item transaction fee (this includes tickets and ticket options). % based transaction fees will not be charged for a refund.
    • Tax: As an event organiser you will be responsible for the any taxes associated with your event. This includes GST. O-tix requires all event organisers to include their ABN and registered company information. Your ABN and company name will be associated with all invoices sent by O-tix for your event. GST is payable in accordance with Australia Tax Law. For organisers who do not have an ABN or are registered for GST, please select the appropriate option when setting up your event. For individuals, your name will be included on all invoices generated by O-tix. If your event is a Non-GST event, then GST will not be added to the total amount payable by visitors. However fees charged by O-tix will still carry a GST component.
      • Please ensure that you receive independent tax advice regarding the treatment of taxes for your event.

 

  1. Registration

To be an Event Organiser, you must register.  You must provide accurate complete and current information as required by Omnyfy’s registration form (Registration Data) and update your  Registration Data at all times.

If you are an individual, you must be at least eighteen years old to register as an Event Organiser.


 

  1. Account password and security

As part of the registration process, you will create a password and account. You must maintain the confidentiality of the password and security of the account, and are fully responsible for all use made of your account unless you can establish to our reasonable satisfaction that the use was unauthorised and did not result from a breach of these Terms. You agree to:

  • immediately notify Omnyfy of any unauthorised use of your password or account or any other breach of security; and
  • ensure that you exit from your account at the end of each session.

 

  1. Use of the O-tix Platform

Omnyfy grants you a non-exclusive, non-transferable right (without the right to sub-license) to access and use the O-tix Platform solely for the purposes of creating an Event Listing to be used only for selling and distributing tickets to the event, collecting registrations for visitors to the event, and collecting, storing and accessing data concerning visitors and potential visitors to events.

You must not:

  • remove, alter or hide any of the content on the Omnyfy Events Website or O-tix Website or any Listing Content, other than your Listing Content;
  • attempt to hack, expose vulnerabilities or otherwise interfere with the operation of the O-tix Platform or an Event Organiser website other than your own, or any data stored on it; or
  • attempt to monitor API calls, network traffic or other data being transmitted to and from the O-tix Platform.

 

  1. Other Services

Omnyfy may, from time to time offer additional services for an additional fee, including:

  • the ability to use the O-tix Platform to ask Vendor Data Capture Questions and store the resulting data; and
  • leasing hardware such as iPads, scanners and other devices to facilitate access control and registration at events, and payment processing systems such as mobile point of sale technology.

These Terms and Conditions shall apply to the additional services.


 

  1. Your Data

You consent to Omnyfy retaining and using any data that you provide to Omnyfy, or which is obtained by Omnyfy in connection with Your Events from third parties, in accordance with Omnyfy’s Privacy Policy. If there is no charge for ticketing at Your Event, the purposes for which that data may be retained and used by Omnyfy or its related entities include marketing in accordance with Omnyfy’s Privacy Policy, unless this is prohibited by applicable legislation.


 

  1. Code of Conduct

You agree to adhere to the following code of conduct, in the creation and management of your Event Listing, ticketing and registration.

Your Listing Content must include a statement of the terms on which tickets are sold to buyers, and your Privacy Policy.  Your Privacy Policy must not be inconsistent with Omnyfy’s Privacy Policy, and you must comply with both Privacy Policies in the collection, storage, use and disclosure of User data.

All Listing Content, and your conduct in relation to the Event Listing, must comply with all applicable legislation, including the Australian Consumer Law.

You must not use the O-tix Platform:

  • in a manner that is misleading or deceptive;
  • to infringe the intellectual property or other legal rights of any person or corporation;
  • to distribute or publish any material (including a Vendor Capture Question) which is obscene, defamatory, threatening or abusive, or which vilifies any group of persons, or to provide links to another website which contains such material;
  • for any purpose or activity, or in any manner which is unlawful, or to promote any such activity;
  • to access, store, distribute or use personal information in breach of any applicable legislation, Omnyfy’s Privacy Policy or your Privacy Policy;
  • without Omnyfy’s prior written agreement, to collect from Users any Sensitive Information;
  • to interfere with or disrupt Omnyfy or its business, or those of users of the O-tix Platform , or their computers, software or hardware, including by the propagation of computer worms and viruses; or
  • to access any computer or data without authorisation.

Omnyfy may remove Listing Content that it considers does not comply with these Terms and Conditions without prior notice to you.


 

  1. Payments

Omnyfy supplies the O-tix platform under a Software as a Service agreement.  The platform offers a suite of functionality including the ability to accept payments for ticket purchases, donations or other purchases for your event. In providing the ability to accept payments via Omnyfy’s payment gateway, we are required to comply with the relevant taxation obligations as prescribed by the ATO. This includes the appropriate treatment of all GST sales made via the platform (Please see  Section 4 – Fees and Payments for more information).

Omnyfy is able to collect payments by credit card via the O-tix platfrom. You authorise Omnyfy to deduct and retain from payments it collects:

  • any amount owed by you to Omnyfy;
  • if Omnyfy considers that you have breached these Terms and Conditions, an amount it considers sufficient to compensate Omnyfy for the breach;
  • if Omnyfy considers that your conduct in relation to an event or the O-tix Platform may expose Omnyfy to a claim for payment from a third party (including a User), an amount it considers sufficient to meet the claim.

 

Omnyfy will remit the balance of the payments it collects to you fifteen business days after the completion of the event. Your Event Listing must include sufficient information to permit the payment to be made by electronic funds transfer or international money order.

 

If Omnyfy considers that any amount retained by Omnyfy to meet possible claims is no longer required for that purpose, Omnyfy will remit that amount to you.

 

If you have opted to request Ongoing Remittances, you are required to send an email to support@o-tix.com providing sufficient details about your event including your ABN and a confirmation that you are registered for GST. For all events that request an Ongoing Remittance, O-tix will retain a “Float” amount ranging from 30% – 50% of earnings to cater for any refunds or unforseen circumstances. Access to Ongoing Remittance is at the sole discretion of Omnyfy.

 


 

  1. Changes to an Event or Ticket

It is the responsibility of the Event Organiser to notify all Buyers of any material changes to an event or the ticket which they have purchased through the O-tix Platform, including changes to the venue, program, performers, speakers, presenters, facilities, quantity of the remaining tickets available or total tickets on offer.

Event Organisers must not impose or purport to impose an additional entrance charge in respect of any ticket that has been sold through the O-tix Platform.

Changes to the date or material changes to the time of an event must be treated as cancellations in accordance with paragraph 13.


 

  1. Cancelled Events

If you cancel an event for which you have created an Event Listing, you must notify Omnyfy immediately. You must refund in full any payments made by Users in relation to that event (including any booking fee) or provided each User with an alternative remedy acceptable to that User (such as tickets to a rescheduled or other event) within five business days of the cancellation.  If you do not provide us with evidence that you have done so within ten business days of the cancellation, we may, (but are not obliged to) refund all or some payments made by Users in relation to that event on your behalf, and charge you an additional fee for that service.


 

  1. Copyright

Copyright in the O-tix Platform (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by Omnyfy.  Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions or by Omnyfy in writing, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create new works from any part of the O-tix Platform ; or
  • reverse engineer, decompile, or otherwise try to access the source code, user flows or application architecture of the O-tix Platform.

 

  1. Warranties and Limitation of Liability

Omnyfy does not give any express warranties in relation to the O-tix Platform or the Services, including warranties that:

  • you, Vendors or Users will have continuous access to, or usage of the O-tix Platform or the Services; or
  • data stored on Omnyfy servers will not be lost or corrupted;
  • it will be possible to restore your data from Omnyfy’s back up media; or
  • it will be able to prevent unauthorised persons obtaining access to the O-tix Platform or your Event Listings.

Any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded, unless it would be unlawful to do so.

Omnyfy’s liability to you in relation to the O-tix Platform, the Omnyfy Website, the Services or these terms and Conditions on any legal basis is limited, to the extent it is lawful to do so, to one or more of the following:

  • the supplying of the Services again; or
  • the payment of the costs of having the Services supplied again.

 

  1. Indemnity

You agree to indemnify Omnyfy from any claims, damages, costs, expenses and liabilities (including legal costs on an indemnity basis) arising out of or in connection with:

  • your breach of these Terms and Conditions;
  • any unauthorised disclosure or use of information obtained through use of the O-tix Platform or an Event Listing by you, or a Vendor, or by use of your account by any person;
  • any contract between you and a User or a Vendor; or
  • any amount paid by a User through your Event Listing that Omnyfy is required to repay, including payments required by a credit card issuing body because the payment was not authorised, was successfully disputed by the customer, was the result of fraud, or because the event was cancelled.

 

 

  1. Suspension of Services and Access

Omnyfy may from time to time without prior notice to you suspend the Services, deny you access to the O-tix Platform, or delete your Event Listings if:

  • it is necessary to do so due to any technical failure of, or for the upgrading or preventative or remedial maintenance of Omnyfy’s computer systems and software;
  • in Omnyfy’s reasonable opinion, your use of the O-tix Platform or the Services, or your Event Content is unlawful;
  • without Omnyfy’s prior written consent you collect, or engage in conduct that is likely to result in the collection of Sensitive Information from Users;
  • in Omnyfy’s reasonable opinion it is required by law to do so; or
  • in Omnyfy’s reasonable opinion, your use of the Services or the O-tix Platform adversely affects other Event Organisers or Users, or the integrity of Omnyfy’s computer network.

Omnyfy may, on giving you two business days’ notice, suspend your right to use the O-tix Platform and the Services to create new Event Listings if you breach these Terms and Conditions. Access will not be reinstated until the breach is remedied if capable of being remedied, and any loss, damage, costs and expenses incurred by Omnyfy in relation to the breach are compensated in full.


 

  1. Termination

Omnyfy, in its sole discretion, may terminate its agreement with you and your right to use the O-tix Platform and the Services any time by giving you at least two weeks’ notice.  On termination or expiry of Omnyfy’s agreement with you it may deactivate, delete or bar your access to your account. Omnyfy may also delete all Event Content and files related to your account, unless you have an Event Listing for an event that has not yet taken place (Future Event Listing).  If you have any Future Event Listings, Omnyfy will not delete them until seven business days after the event takes place, or until Omnyfy is satisfied that the event will not take place on the date stated in the Event Listing on the day before notice is given.

Clauses 9, 11, 13 to 18 and 21 survive termination or expiry of your agreement with Omnyfy.


 

  1. Sub-contracts

Omnyfy may sub-contract the performance of its obligations under these Terms and Conditions without obtaining your consent.


 

  1. Notice

Any notice under these Terms and Condition shall be in writing.  We may deliver notices to you by receipted mail, or by email to your email address as provided by you to us from time to time. Notice will be treated as given:

  • in the case of postal delivery, on the date of delivery recorded by the postal authority;
  • in the case of email, on receipt by the sender of notification that the email has been received by the recipient’s email server,

but if the delivery or receipt is not on a business day or is after 5.00pm on a business day in the place where it is received, the notice is taken to be received at 9.00am on the next business day.

It is your responsibility to notify us of any changes to your contact details.

Any notice from you to us shall be sent in writing to our email address support@omnyfy.com, or another email address notified by us to you.


 

  1. Governing Law

This Agreement (and the validity and enforceability of this Agreement) is governed by the law of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State of Victoria.