Overview

 

By using our Platform, you are agreeing to our Terms of Sale & Service. The terms of sale & service is a legally binding agreement between you and Freeee. It includes information about your legal rights and covers several areas such as our privacy and payment policies, limitations of liability and resolution of disputes.

Summary of key items:

  1. While the use of our platform and services is mostly free, you should be aware that certain upgrades to our services can trigger a charge which will be presented to you as an option(s). 

  2. Event organisers may choose to apply attendee criteria and charge you to attend their nominated event.

  3. We have no control nor are we responsible for anything that happens related to third party transactions, outcomes of interactions with real people or in connection with an event. You also agree not to hold event organisers responsible for negligence in connection with their event content.

  4. Your content must comply with our terms of sale & service outlined in this document. You are responsible for all your posted content, communications and you acknowledge that we generally do not review content nor do we own your content.

  5. We ask that that you permit us to use your content to promote and improve within our platform for the benefit of you and Freeee.

  6. We try to ensure that our platform is functional and always working however we do not gurantee that this will always happen.

  7. By using our platform, you agree to the limitations of liability outlined in our terms of sale & service. Except as specified in our Terms of sale & service, you also agree to resolve any disputes you may have with us through arbitration, and you are waiving your right to seek relief from a judge or jury in a court of law, except as otherwise provided for in the Terms of sale & service. Claims can only be brought individually, and not as part of a class action.

    

Terms of Sale & Service

1 The Agreement

Freeee was established to allow you access to hundreds of free events in our platform while helping you to create and arrange your own event. We also host an electronic shop service which allows our prospective customers to make purchases. These Terms of sale & service are an agreement between you and Freeee meaning that your use of our platform signifies that you agree to this agreement. If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our platform. Our platform encompasses any website, application, or service offered by Freeee, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of sale & service. The agreement refers to this document together with our Group Policies, Member Restrictions, Payment Policies, and Trademark Usage Guidelines.

 

1.1 Revisions to this Agreement

We may modify this Agreement from time to time. If we make any changes to this Agreement that we deem to be significant, we will provide you with written notice to inform you of the change. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement.

 

2 Eligibility

2.1 Account Information and Security

 

When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. You agree to maintain the security and confidentiality of your password (or else we may need to disable your account). You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password, notify us immediately via written email to events@freeee.com.au with subject title 'Password'.

2.2 Suspension of Your Account

We may modify, suspend or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, provided that it is in the best interest of the Freeee community, or to protect our brand or Platform. We also may remove accounts of members who are inactive for an extended period of time.

 

3 Payment and deliveries

 
3.1 Fees Charged by Freeee

Use of most of the features on our Platform is free, but we do charge fees for the sale of products in our electronic shop (e-shop) or some services we offer. We reserve the right in the future to implement new fees, or vary existing fees for products and services offered by our platform. You will be notified in writing for variations in fees for products and services which you've subscribed to. If we modify an existing recurring fee, you reserve the right to discontinue payment and cease the service provided to you. All fees are inclusive of applicable goods and service tax (GST). Host subscriptions are non-transferable.

3.2 Fees Charged by event hosts

We generally encourage that an event have at least one service or product provided to members free of charge but we do not gurantee this for all events. The decision to charge fees and the amount of those fees is at the discretion of those hosts. Hosts may have their own refund policies. Payments made to hosts via the Platform are made through a third-party payment service provider. If you are an event host, we are able to arrange for you our nominated third-party payment service provider, any fees from which we pass on to you. If a member pays a fee to a host via the Platform, the member authorizes the host (and the host’s applicable payment service provider) to charge the designated payment method for the total amount of the fees, including any applicable taxes and other charges.

 
3.2 Fees Charged for the sale of goods

Payments made by you for the sale of goods on our platform are processed by a third-party payment service provider. Compliance with the terms and conditions of the third party provider is applicable and can be found on their website.  Freeee will provide the purchaser with a tax invoice as required by law.

3.3 Third Party Payment Processors

 

Payments accepted by hosts from other members or payments received by Freeee for the sale of goods, must comply with the terms and conditions of the third party payment provider of the applicable payment service used to receive the payment. Freeee does not provide those payment services, is not a party to your agreement with the applicable third-party provider, and will not be liable or responsible for your use of those third-party payment services.

 
3.4 Third Party Transactions

 

Your Event or its members may receive offers from third parties, such as discounts, sponsorships, or other benefits. Freeee is not involved in any dealings or payments between you and third parties, and these Terms of sale & service do not govern such transactions.

 

3.5 Delivery terms

Freeee relies on third patries for the delivery of goods to you and as such has little control over their operations. Any timeframes quoted by Freeee for delivery of products are estimates only. Freeee will use its reasonable endeavours to supply the Products in the quantities specified. Freeee will not be liable for any loss suffered by Customer arising out of any delay or failure to deliver the Products (or any part of them) or failure to deliver in the requested quantities.

4 Your Content and Privacy

 

4.1 Your Content

 

You are solely responsible for your Content. We use the word “Content” to mean any information, material, or other content posted to our Platform or otherwise provide to us (such as feedback, comments, or suggestions shared with us). You agree that you and your Content shall not violate the rights of any third party (such as copyrights, trademarks, contract rights, privacy rights, or publicity rights) or this Agreement.

 

4.2 Content License from You

 

We do not claim ownership of your Content. However, to enable us to operate, improve and promote Freeee and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant Freeee a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. We will not, at any point, offer your content for re-sale to third parties. You are able to revoke this license at any time by writing to us at events@freeee.com.au.

 
4.3 Privacy

 

Freeee collects registration and other information about you through our Platform. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information.

 

5 Your Use of Our Platform

 
5.1 Our Policies, Guidelines and Applicable Laws

 

When you use our Platform, we require that you follow the terms outlined on this page. Freeee and its users are bound by local consumer laws for the country and jurisdiction in which the service and goods are offered. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party. If you do not comply, we may modify, suspend or terminate your account or access to the Platform, in our sole discretion.

5.2 Content of Others

Freeee does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.

 

5.3 Interactions with Others

 

Freeee is not a party to any offline arrangements made through our Platform. Freeee does not conduct or require background checks on members, and does not attempt to verify the truth or accuracy of statements made by members. Freeee makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.

 

5.4 No Resale

 

Our Platform contains proprietary and confidential information and is protected by intellectual property laws (via patent and trademark). Unless we expressly permit it through this Agreement, you agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of our Platform, including any data, or Content of others.

 
5.5 No Technical Interference with the Platform

 

You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Platform or any hardware used in connection with the Platform.

 
5.6 Platform Modifications

 

We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.

 
5.7 Third Party Sites and Services

 

The Platform contains links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.

 

6 Release

 

You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as “Freeee Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as “Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a Freeee group or a Freeee event. You also agree to release organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their Content, a Freeee group, or a Freeee event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.   

                                                                                                                                                                                                                              

7 Indemnification

 

You agree to indemnify, defend and hold all Freeee Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a Freeee group or a Freeee event that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Freeee Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.

 

 

8 Warranty Disclaimer and Limitation of Liability

8.1 Warranty Disclaimer

 

Our Platform is provided to you “as is” and on an “as available” basis. All products advertised have a manufacturer's warranty of 30 days unless otherwise stated in the product description. We disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied or stated warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform, (b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, and (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of our Platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform.

 

8.2 Limitation of Liability

 

You agree not to hold any Freeee Parties liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Freeee Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Platform, (c) your use of our Platform or transportation to or from Freeee events, attendance at Freeee events, participation in or exclusion from Freeee groups or Freeee events and the actions of you or others at Freeee events, or (d) any other matter relating to the Platform. Our liability to you or any third parties in any circumstance is limited to the fees, if any, you paid to us in the 30 days prior to the action that may give rise to liability. 

 

9 Dispute Resolution

 

9.1 Informal Resolution

 

Before making any claim, you and Freeee agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section to mean any dispute, claim or controversy arising out of or relating to your use of our Platform or this Agreement, including your participation in Freeee events. You or Freeee may initiate this process by sending written notice to events@freeee.com.au. You will allow us 30 business days upon receipt of the initial notice to resolve the issue before taking any further legal proceedings.

 

9.2 Class Action Waiver

 

You agree to resolve disputes with Freeee on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.

 

10 Intellectual Property

Freeee trademarks, logos, patents, and service names are the intellectual property of Freeee. Our Platform, including our material on the Platform, are also our or our licensors’ intellectual property and are protected by law through an applied innovation patent. You agree not to use our intellectual property without our prior written consent. You agree not to reproduce the services provided or ideations implied on our platform for the purpose of profit making.

 

Thank you for doing business with Freeee.