Last Updated: December 11, 2024
We are CLEVER EVENTS ("Company," "we," "us," or "our"), a company registered in Australia (ABN: 37 947 020 823), with our registered office located at 4/236 River Terrace, Kangaroo Point QLD 4169, Australia.
You can contact us at:
These Terms and Conditions ("Terms") represent a legally binding agreement between you ("you" or "user") and CLEVER EVENTS. By accessing or using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using our Services.
Certain aspects of the Services may be subject to additional policies, including our Privacy Policy and Cookie Notice, which apply to your use of those specific parts of the Services. We may update these Terms periodically, and it is your responsibility to review them regularly. Any changes will be reflected by the "Last Updated" date at the top of this page. Your continued use of our Services after such updates constitutes acceptance of the revised Terms.
The Services are intended for individuals aged 18 or older. Access by minors is strictly prohibited.
The information and materials provided through our Services are not intended for distribution or use in jurisdictions where such activities would violate applicable laws or regulations. Users who access our Services from outside Australia do so on their own initiative and are solely responsible for complying with local laws.
By using the Services, you acknowledge and agree that:
We own or hold licences for all intellectual property rights associated with the Services, including but not limited to source code, databases, software, website designs, text, audio, video, photographs, graphics, trademarks, service marks, and logos (collectively referred to as the "Content"). These rights are protected under Australian copyright, trademark, and other applicable intellectual property laws, as well as relevant international treaties.
You are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use the Services for personal, non-commercial purposes or internal business purposes. This includes downloading or printing portions of the Content you have lawful access to, provided the Content remains unmodified and all copyright and proprietary notices are preserved.
Except as explicitly permitted in these Terms, you must not reproduce, distribute, modify, display, or use the Content for commercial purposes without our prior written consent. Any unauthorised use of the Content may result in termination of your licence and could lead to legal proceedings.
The Content provided through the Services must not be used in a way that:
If you wish to use the Content beyond what is authorised in this agreement, you must obtain written approval from us by contacting support@luckyspinnights.com.
When submitting any ideas, feedback, comments, or materials to us (collectively referred to as "Submissions"), you agree to transfer all intellectual property rights in those Submissions to us. This allows us to use, modify, or distribute your Submissions for any lawful purpose without providing you with acknowledgment or compensation.
By providing Submissions, you confirm that they are your original work or that you have the necessary rights and permissions to share them. Submissions must not violate any third-party rights or include unlawful, misleading, or harmful content.
You are solely responsible for your Submissions and agree to indemnify us for any claims or damages arising from their use. If your Submissions breach applicable laws or these Terms, we may remove them or take further action as required.
Any unauthorised use of the Content or violation of intellectual property rights will constitute a material breach of these Terms. In such cases, your access to the Services may be revoked immediately, and we may take legal action to protect our rights.
All rights in and to the Services, Content, and related materials that are not expressly granted in these Terms are reserved by us.
By using the Services, you confirm that you meet the following criteria:
Failure to comply with these representations may result in the suspension or termination of your access to the Services and could lead to legal action.
You are prohibited from using the Services for any purpose other than those expressly permitted by these Terms. The following activities are strictly prohibited:
Any breach of these provisions may result in:
The Services may allow you to submit, post, display, or share content and materials, including but not limited to text, photographs, videos, audio recordings, graphics, suggestions, or other information (collectively referred to as "Contributions"). Contributions may be visible to other users and may also be shared or displayed on third-party platforms.
By submitting Contributions, you represent and warrant that:
We reserve the right to monitor, review, or remove any Contributions that violate these Terms or are deemed inappropriate or harmful at our sole discretion.
By submitting Contributions, you grant us an irrevocable, non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, adapt, distribute, display, and perform your Contributions in connection with the operation of the Services. This licence includes sublicensing rights to third parties as necessary to enhance or maintain the functionality of the Services.
You waive any moral rights associated with your Contributions, to the extent permitted by law, and you agree not to hold us liable for any use of your Contributions that complies with this licence.
You are solely responsible for your Contributions and agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from their content. This includes any claims by third parties regarding copyright infringement, defamation, privacy violations, or other legal disputes related to your Contributions.
Contributions that are found to breach these Terms, violate applicable laws, or harm the Services or its users may be removed without prior notice. In cases of severe violations, your access to the Services may be restricted or terminated.
By submitting any Contributions to the Services, you grant us a global, perpetual, irrevocable, non-exclusive, royalty-free licence to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display your Contributions in any format or medium. This licence is necessary to enable us to operate, enhance, and promote the Services effectively.
This licence includes, but is not limited to:
You retain ownership of your Contributions and any associated intellectual property rights, but you waive any moral rights, to the extent permitted by law, that would prevent us from using them as described in these Terms.
While we claim no ownership over your Contributions, you agree to the following:
If you wish to remove your Contributions from the Services, you may contact us at support@luckyspinnights.com. We will make reasonable efforts to honour your request, but the removal of Contributions already used, shared, or integrated into the Services may not always be possible.
We are not liable for any claims, damages, or losses arising from our use of your Contributions in accordance with this licence. You are solely responsible for ensuring that your Contributions comply with these Terms and applicable laws.
We may allow advertisers to display their advertisements and other information in specific areas of the Services, such as banners, sidebar advertisements, or sponsored content. These advertisements are solely provided by third-party entities, and we do not endorse, verify, or guarantee the products, services, or information offered by these advertisers.
Advertisers are responsible for ensuring that their advertisements comply with applicable laws and regulations, including those related to consumer protection, intellectual property, and advertising standards.
If you engage with an advertiser or make a purchase based on an advertisement displayed on the Services, you do so at your own risk. Any claims, disputes, or issues arising from your interactions with advertisers must be resolved directly with them.
The inclusion of advertisements on the Services does not imply our endorsement or recommendation of the advertiser's products, services, or business practices.
To maintain the integrity and proper functioning of the Services, we reserve the right to monitor and manage various aspects of their operation. This includes, but is not limited to:
We may monitor the Services to ensure compliance with these Terms and applicable laws. If we detect any violations or unauthorised activities, we may take appropriate action, including:
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, without prior notice. This may include:
We may, at our discretion, limit the size, type, or duration of Contributions to ensure the proper functioning of the Services. Contributions or files that are excessive in size, harmful, or burdensome to our systems may be removed or disabled without prior notice.
We will take reasonable steps to protect the Services, including safeguarding our intellectual property, data, and infrastructure from unauthorised access or misuse.
We are committed to protecting your privacy and handling your personal data responsibly. By using the Services, you agree to the terms outlined in our Privacy Policy, which is incorporated into these Terms. The Privacy Policy provides details on how we collect, use, store, and protect your personal data.
The Services are hosted in Australia. If you access the Services from outside Australia, you acknowledge and consent to your data being transferred to and processed in Australia in accordance with Australian privacy laws, including the Privacy Act 1988.
You are responsible for ensuring that any personal data you provide is accurate, complete, and up to date. By continuing to use the Services, you consent to the collection and use of your data as described in our Privacy Policy.
For more information about your rights and how we handle your data, please review our full Privacy Policy, available on the Services. If you have questions or concerns, contact us at support@luckyspinnights.com.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Following termination, you are prohibited from accessing the Services through any means, including creating a new account under your name, a false identity, or the identity of a third party, without explicit prior permission.
You may terminate your account or cease using the Services at any time. Upon termination, these Legal Terms will no longer apply, except for provisions that are intended to survive, such as those related to intellectual property, warranties, limitations of liability, and dispute resolution.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms shall be governed by and construed in accordance with the laws of Australia. CLEVER EVENTS and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
We aim to resolve disputes efficiently and fairly. By using the Services, you agree to the following dispute resolution procedures:
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Brisbane, Australia. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of Australia.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
It is your responsibility to verify the accuracy of information before relying on it. If you identify an error, please contact us at support@luckyspinnights.com to report the issue.
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding your use of the Services, please contact us at:
CLEVER EVENTS
4/236 River Terrace
Kangaroo Point QLD 4169
Brisbane, Queensland
Australia
+61 7 3891 2475
support@luckyspinnights.com