Terms and Conditions – Visitors or attendees to events

These terms and conditions apply to the use of this website and the O-tix ticketing and registration platform supplied by Omnyfy. If you click on the checkbox to accept these terms and conditions, 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, O-tix 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 Website means omnyfy.com, www.omnyfyevents.com www.omnyfycs.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.
  • 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 Website is part of the Platform.
  • Event Organiser refers to a person, corporation or association that uses the Platform to sell tickets and accept registrations for an event.
  • Event Listing means a mini-website created by an Event Organiser using the Platform which provides information about an event, and collects and stores ticketing and registration information.
  • Services means any services provided by Omnyfy to you in relation to an event, including access to the Platform and use of the Platform to register for events, and buy tickets to events from Event Organisers.
  • User, you and your refers to a person who registers for or acquires tickets for an event through the Platform, or who provides data in response to a Vendor Data Capture Question.
  • Vendor means an exhibitor or seller of products or services at Your Event.
  • Vendor Data Capture Question means a question asked of a person attending an event using the Platform in order to obtain user data relevant to a Vendor.
  • Your Event means an event for which you have registered or bought tickets using the Platform.

 

  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 Website, or by giving you notice in accordance with paragraph 18.  It is your responsibility to check the Omnyfy Website for changes before buying tickets or registering for an event.  The amendments will not apply if you buy tickets or register for an event before notice of the amendment is given. Your use of the Platform to buy tickets or register for an event following notice will indicate that you agree to be bound by the terms and conditions as amended.


 

  1. Registration

To purchase tickets or register to attend an event, you must register as an Omnyfy User.  To register, you must be at least thirteen years old, and if you are under eighteen, you must use the Omnyfy Platform with the consent and under the supervision of a parent or guardian. You must provide accurate complete and current information as required by Omnyfy’s registration form.


 

  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 and Conditions. 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 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 buying tickets or registering for an event.

You must not:

  • remove, alter or hide any of the content on the Omnyfy or O-tix Website or any Listing Content;
  • attempt to hack, expose vulnerabilities or otherwise interfere with the operation of the 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 Platform;
  • attempt to interfere with or disrupt Omnyfy or its business, or those of other users of the 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.

 

  1. The O-tix platform role

Omnyfy’s O-tix platform provides a payment and ticketing service to Event Organisers. It does not organise or sell tickets for events.  Your contract for access to Your Events is with the Event Organiser and is governed by any terms and conditions the Event Organiser has included in or linked to its Event Listings.  It is your responsibility to read these terms before registering for an event or purchasing tickets to an event. Omnyfy acts as the Event Organiser’s agent in collecting payment from and delivering electronic tickets to you.

Event Listings may be hosted by Omnyfy or by the Event Organiser on its own website, which is linked to the Omnyfy Website by a secure iframe. Event Organisers’ websites are not part of the Omnyfy Platform.


 

  1. Provision of Tickets

You may pay for tickets with a Visa, Mastercard or where available, an American Express Credit Card..

Tickets are provided electronically by email or SMS to the email address or mobile phone number provided by you during registration or when purchasing tickets. All tickets issued by the Omnyfy O-tix Platform are secured with an encrypted key, and contain a visible QR code and Ticket ID, and can only be validated if they can be scanned correctly at the event venue. You may present either a printed or digital ticket at the event venue, provided the QR code and Ticket ID are clearly visible. Ticket holders may not be permitted entry into the event if the ticket cannot be scanned and validated. In addition to producing a valid ticket, Event Organisers may require you to show evidence of identity, or the card used to make payment.


 

  1. Claims in relation to Events

Complaints and claims in relation to Your Events should be directed to the Event Organiser.  To the extent permitted by law, Omnyfy excludes all claims and liabilities relating to Your Events other than:

  • claims relating to the payment and ticketing services provided by Omnyfy;and
  • claims for refunds for cancelled events in accordance with paragraph 10.

  1. Refunds

Omnyfy does not give refunds or exchange tickets other than in accordance with paragraph 10. If you print your ticket, and it is lost or stolen, it may be used by a third party to gain access to the event. If this occurs, you will not be able to obtain access to the event.  Your Event Organiser may be willing to cancel the ticket and issue a new one, but Omnyfy is not able to do so.


 

  1. Cancelled Events

It is the responsibility of the Event Organiser, not Omnyfy O-tix, to advise you if Your Event is cancelled.  You should immediately contact the Event Organiser to request a refund.  If the Event Organiser has not either refunded your payment in full (including any booking fee) or provided an alternative remedy acceptable to you (such as tickets to a rescheduled or other event) within five business days of the cancellation, you should notify Omnyfy within ten business days of the cancellation.  Unless the Event Organiser provides us with evidence that it has made the refund or you have accepted the alternative remedy, Omnyfy will refund your payment in full (including any booking fee) by the means used to pay for the tickets.


 

  1. Process for Claiming a Refund for Cancelled Events

Send an email to the Event Organiser with the subject line “Refund Request”. Event Organiser contact information is available on each event page. If you are unable to contact the Event Organiser, please email support@o-tix.com

You should include the following information in your email:

  • transaction reference number;
  • ticket ID;
  • your name;
  • your email address;
  • your contact phone number;
  • that the event has been cancelled.

If you have purchased tickets for an event that requires registration of each individual attendee, you should include the ticket ID and names of each additional attendee for whom a refund is requested.

To claim a refund from Omnyfy O-tix under paragraph 9, forward your email to the Event Organiser to support@o-tix.com , and state that you have not received a refund or other remedy from the Event Organiser.


 

  1. Data Use

You consent to Omnyfy O-tix and the Event Organisers and Vendors of Your Events retaining, disclosing to each other and using any data that you provide to any of them using the Platform in accordance with Omnyfy’s Privacy Policy.  This data may include sensitive personal information.

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.

Nothing in these Terms and Conditions authorises the collection, storage, disclosure or use of data contrary to law.


 

  1. Copyright

Copyright in the 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 Platform ; or
  • reverse engineer, decompile, or otherwise try to access the source code, user flows or application architecture of the Platform.

 

  1. Warranties and Limitation of Liability

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

  • you will have continuous access to, or usage of the O-tix Platform or the Services; or
  • data stored on Omnyfy O-tix 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 Platform or your information.

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

Nothing in these Terms and Conditions limits your rights under the Australian Consumer Law, or any other legislation that cannot lawfully be excluded by agreement.


 

  1. Suspension of Services and Access

Omnyfy O-tix, may from time to time without prior notice to you suspend the Services or deny you access to the Platform 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 O-tix platform computer systems and software;
  • in Omnyfy O-tix’s reasonable opinion, your use of the Platform or the Services is unlawful;
  • in Omnyfy O-tix’s reasonable opinion it is required by law to do so; or
  • in Omnyfy O-tix’ reasonable opinion, your use of the Services or the Platform adversely affects Event Organisers or other Users, or the integrity of Omnyfy’s computer network.

Omnyfy may, on giving you two business days’ notice, suspend your right to use the Platform 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.

Clauses 5, 8, 12 to 16 and 19 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.