Terms and Conditions – Exhibitors, Vendors and other Third Parties

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 means 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.
  • Services means any services provided by Omnyfy to you in relation to an event, including access to the O-tix Platform, data capture, and the services as described in paragraph 3.
  • Sensitive Information has same meaning as in the Privacy Act 1988.
  • 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, you and your refer to an exhibitor at, seller of products or services at, or sponsor of an event for which the O-tix Platform has been used to sell tickets or register to attend.
  • 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.
  • Your Event means an event for which you are registered as a Vendor on the O-tix Platform.
  • Your Event Organiser means an Event Organiser of one of Your Events.

 

  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 using the O-tix Platform in relation to a new event.  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 following notice will indicate that you agree to be bound by the terms and conditions as amended.


 

  1. Provision of Services

Omnyfy may agree to provide the following Services to Vendors:

  • the ability to use the O-tix Platform at Your Events 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.

 

  1. Fees and payments

We charge fees for Services as set out in the Schedule of Fees attached to these Terms and Conditions or posted on the Omnyfy Events Website or O-tix Website.

Standard ticket fees are $1 per ticket + 2.4% of the total transaction (though these vary from time to time as we offer promotional rates).  These can be absorbed by the organiser or passed on to the ticket purchaser at the organisers discretion.

Taxation:

GST is collected on all ticket fees and is remitted to organisers with ABN’s and GST registration.  Where an Organiser is not registered for GST, GST will be retained by O-tix and remitted directly to the ATO as collected.  Where an Organiser does not have an ABN, GST will be retained by O-tix and remitted directly to the ATO and 43% of remaining revenue will be retained by O-tix and remitted to the ATO as required by Law.


 

  1. Registration

To use the O-tix Platform to obtain Services,, you must register as a Vendor.  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 a Vendor.


 

  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 collecting, storing and accessing data concerning visitors to Your 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;
  • attempt to hack, expose vulnerabilities or otherwise interfere with the operation of the O-tix Platform or an Event Organiser website, 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. 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 relation to Your Events..

You must comply with all applicable legislation, including the Australian Consumer Law and the Privacy Act 1988..

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 Data 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, Your Event Organiser’s Privacy Policy or your Privacy Policy if you are required to have one by the Privacy Act 1988;
  • 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 Vendor Data Capture Questions and associated data that it considers do not comply with these Terms and Conditions without prior notice to you.


 

  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, Event Organisers 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 Vendor Data Capture Questions and associated data.

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 by use of your account by any person; or
  • any contract between you and an Event Organiser or a User;

 

  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 Vendor Data Capture Questions and associated data 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 one of your Vendor Data Capture Questions 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 Vendors 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 Vendor Data Capture Questions, associated data 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 8, 10, 11 to 14 and 17 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.