MyCompHQ Pty Ltd ACN 652 028 763, as Trustee for the MyCompHQ Unit Trust ("we", "our" and "us") owns and operates the Website and provides the Services. These terms and conditions ("Terms") apply to any person that establishes an Account with us and receives or otherwise uses any of the Services.
By creating an Account, using the Services or accessing or using the Website or your Account, you agree to be bound by these Terms, the Website Terms of Use, the Privacy Policy, the Data Processing Addendum and any additional terms and conditions applicable to specific Services that you use from time to time.
"Account" means an account established with us through the Website or otherwise;
"Account Owner" is the user designated as such in your Account;
"Authorised User" means any person to whom you grant access to your account via a username and password, which includes, without limitation, the Account Owner;
"Community Guidelines" means our community guidelines at https://www.mycomphq.com.au/community-guidelines as amended from time to time;
"Data Processing Addendum" means our data processing addendum at https://www.MyCompHQ.com.au/data-processing-addendum;
"Event Facility" means the facility that may be made available as part of MyCompHQ's Services by which a person may sell tickets to an event;
"Event Organiser" and "you" means any Person who establishes an Account and uses any of the Services;
"Fees" means fees and charges owed to us by you for providing the Services, and may include, without limitation, ticket fees, processing fees and hardware rental;
"Person" means any individual, company, trust, entity, partnership, joint venture, association, corporation, body corporate or governmental agency;
"Personal Information" has the meaning given in the Privacy Policy;
"Privacy Policy" means our privacy policy at https://www.MyCompHQ.com.au/PrivacyPolicy as amended from time to time;
"Services" means access to and use of the Website and event management and ticketing services to manage and sell tickets to events and activities and all other services, including the QR Code generation, Music Uploads, Voice Critiques, Video Critiques, Scoring functions, Photo & Video distribution functions, made available by us to Event Organisers on or through the Website or otherwise;
"Third Party Content" means web sites, platforms, content, products, services and information of other parties including content provided to us by links to sites owned by other parties;
"Website" means https://www.MyCompHQ.com.au including all protected areas and subdomains of such website and all related top-level domains, mobile sites, apps, APIs and widgets;
"Website Terms of Use" means the terms of use of the Website at https://www.MyCompHQ.com.au/websitetermsofuse as amended from time to time; and
"Your Content" means any text, data, files, information you upload onto or make available to Customers via our Website or the Services including text, images, logos, music files, video files attachments and links.
These Terms, together with the Website Terms of Use, the Privacy Policy and any additional terms and conditions applicable to specific Services that you use from time to time, set out the legal terms of our relationship with you. These Terms supersede any course of dealing, discussions or representations between you and us and any earlier terms and conditions.
You acknowledge that we may require you to accept additional terms and conditions in relation to specific Services.
Should you object to any of our Terms or other notices on the Website your sole option is to immediately cease your use of the Services.
We reserve the right to change these Terms by publishing new terms on the Website. This may include changes needed to reflect changes to the law or changes to our Services. You should review the Terms published on the Website regularly. Your continued use of the Services constitutes your acceptance of these Terms as amended from time to time. If you do not agree to the changed terms you should discontinue your use of the Services immediately.
If there is a conflict or inconsistency between these Terms and any changed terms, the changed terms will prevail to the extent of the conflict or inconsistency.
If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have, including taking any action in the future.
We seek to ensure that our Services are as useful and efficient as possible and we are constantly working on improving them. Accordingly, we reserve the right to make changes to the Services at any time and for any reason.
If you are accessing the Services using our applications, you may be required to download updates from time to time to keep using the application on your device.
To use the application, your device will require an active internet connection and a sufficient data allowance. It is your responsibility to ensure you have these and to pay for any costs incurred from your network provider when using the application. We accept no responsibility for any costs including the loss of any internet connection, device malfunction or third party interference with your device.
Our Services may include hardware products, including, without limitation, terminals, tablets, computers or WiFi hotspots (collectively "Hardware"). If you rent any Hardware, you assume all risk of loss and/or damage with respect to such Hardware and will reimburse MyCompHQ for the cost of such Hardware if lost or damaged. If you rent any Hardware, you will fully indemnify and reimburse MyCompHQ for any losses MyCompHQ incurs as a result, including, without limitation, those related to any refunds or penalties assessed to MyCompHQ by its third party terminal provider.
To become an Event Organiser you must complete all details in the registration form in accordance with the instructions on the Website and our first point of contact will normally communicate via receive from us a ("Registration").
To become an Event Organiser you must have the legal power and authority to enter into this Agreement. You warrant you have no outstanding agreement or obligation that conflicts with any of the provisions of this Agreement, or that would preclude you from complying with the provisions of this Agreement.
If you create an Account in the name of a company, you agree that you will require a Director of the company to accept these Terms such that the company will be deemed to agree to all obligations under these Terms on behalf of the company.
Upon completion of your Registration, your Account will be created and you will be able to access and use protected areas of the Website and access the Services. At this time you are granted a non-exclusive, non-transferable licence to use the Website and to access the Services in accordance with these Terms. Your Account will allow you to have multiple Authorised Users, but only one Account Owner. Your Account will also allow you to distinguish among different types of Authorised Users, with different rights and access privileges.
We may refuse to accept or cancel the Registration of any person without giving a reason for such refusal or cancellation.
You continuously warrant to us that persons accessing your Account and registering events or activities are authorised to do so on your behalf.
Access to and use of your Account and of protected areas of the Website is restricted to Authorised Users only.
You agree to:
You understand that any person with any Authorised User's password will be able to access your Account and you accept all risk of unauthorised access to your Account. You acknowledge and agree that you are responsible for maintaining the security of your Account and your Authorised User's password and all activity that occurs under your Account.
To the extent permitted by law, we will not be liable to you for any loss that you suffer or incur as a result of someone using your Account or password with or without your knowledge. You are liable for and indemnify us against all loss suffered or incurred by us or any other user of the Website, or any customer of ours, due to someone else using your password or your Account because of anything you do or fail to do in connection with the security of your Account.
You may not use or access anyone else's Account without the permission of the Account holder.
You are permitted to use the Website https://youreventname.mycomphq.com.au to access the Services subject to payment of our Fees.
If you use the Services to promote an event or activity that involves registering a competitor or team, buying tickets and/or making payment via the Website, we agree to act as your agent to provide an online registration service and/or to collect card payment for the event or activity in accordance with and subject to these Terms. You acknowledge and agree that all sales are made by you.
If we are receiving complaints or customer service calls in relation to your Account and/or Your Content, or we consider that Your Content otherwise breaches these Terms, we reserve the right to make changes to your Account and/or Your Content. We will endeavour to contact you first before we do so but we do not require your permission to make such changes.
You must ensure that you, and all persons who access the Services via your Account (including, without limitation, Authorised Users), only use the Website and Services to manage your event or activity and do not use the Website or Services in any way that could damage or harm the Website or Services.
Please refer to our Community Guidelines when creating, posting or updating events. MyCompHQ reserves the right to change or update these community guidelines at any stage, at which point they will become valid immediately.
The Services may not be used for unlawful, prohibited, defamatory, obscene, offensive, socially unacceptable or fraudulent content or activity.
You may not, and may not cause or permit others to remove or modify any markings or any notice of ours or a third party's proprietary rights; modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download any part of the Services or the Website, or access or use the Website or Services in order to build or support, and/or assist a third party to build or support a competitive service or product; or any use the Website or Services.
You must not use the Website or Services to publish or upload any hyperlinks or content for the purpose of deriving commercial gain that is outside the scope of the relevant event or activity.
If there is a complaint or we receive notice of a violation, your use of the Website and Services may be suspended until resolved and terminated if not able to be resolved or is not resolved promptly.
When you use our Services, you will be provided with information regarding the applicable fees and charges. Fees and charges may be subject to change (which may be effected immediately) and will apply to all transactions made on or after the date the change is effective.
You may choose to incorporate our fees and charges in the ticket price or payment terms you designate so that it is an all inclusive price for your customer to easily identify the cost, separately. You must not misrepresent to customers the amount of fees that we are charging in relation to a particular transaction.
You agree to pay all applicable fees and charges as specified by us (including any third party fees and charges), late payment fees and all taxes, duties, fees, levies and charges imposed by any authority in relation to your Account and the Services you use.
To the extent permitted by law our fees and charges are non-refundable, including where an event or activity is cancelled for any reason and you have agreed, or are required by law, to refund any or all amounts paid by customers.
All payments relating to the Services (including the ticket price, registration fees or relevant payment plus any GST, taxes and charges) ("Funds") and our Fees may be processed using one payment option, including:
via our payment gateways including eWay, 'MyClubMate Gateway', or PinPayments.
If you choose to use PinPayments, you will need to set up your own account with them (we will provide you with a link) and you will be able to control and administer your own funds.
Some clients may not be eligible for a PinPayments account and will have to use the Payment Gateway Services provided by MyClubMate (an affiliated company of our Director Marcus Green which has been providing a payment gateway to Sporting Clubs for over 10 years).
If you choose to have Funds and Fees processed using the MyCompHQ/ MyClubMate Gateway, you agree that we will receive the Funds and Fees, retain the Fees as payment for the Services and hold the Funds in full as your agent until such time as you request the release of the Funds.
If you request release of all or part of the Funds (including initial and subsequent requests for access to Event Funds) before completion of the relevant event or activity, we may accept or reject each such request in our absolute discretion. For the Fundraising Facility the donation is deemed to be recognised as an available state of the donation. For the Event Facility it is deemed completed as at the date of the event.
If we accept any request it will be subject to any conditions we may require in our absolute discretion, such as any or all of the following conditions:
We can reject subsequent requests for early release of Funds even if we have accepted earlier ones and we can impose the same or different conditions in respect of each subsequent request.
If you are a school, government department or agency or charity we may permit you, in our absolute discretion, to have early release of Funds before the event or activity has been completed without imposing such conditions.
You acknowledge and agree that you will be required to deposit into our nominated bank account the full amount of Funds that we have released to you ('Released Funds') within 7 business days of us requesting that you do so if:
If we request it, you must return all Released Funds in these circumstances whether refunds are presently due or not.
If you elect to take Direct Debit Payments when using the MyCompHQ / MyClubMate product, you agree that the Fees will be received by you for each paid Direct Debit transaction by deducting them from your MyCompHQ/ MyClubMate account as they occur. Should your MyCompHQ / MyClubMate account balance have a negative balance at month end, MyCompHQ/ MyClubMate will invoice you for the value of these Fees to bring the balance back to nil. You acknowledge that the reconciliation and security of any cash received in relation to the receipt of Direct Debit payments is solely your responsibility.
If you become aware that the details of an event will need be varied (including time, date, venue, etc) or the event is to be cancelled you must immediately notify us and promptly update those details on the relevant event page.
You must use reasonable endeavours to promptly notify customers of a variation, postponement or cancellation and always before the date of the event. We will assist you by providing relevant contact information however it is your responsibility to contact the customer.
Where you elect or are required to give refunds to customers, you must only do so via your Account and must ensure that, if applicable, sufficient Released Funds are returned to us to cover all amounts you will refund. In circumstances where we have requested you to return Released Funds as your Agent via your Account we require you to give refunds in accordance with our directions. All refunds should be done via the same payment method as the original transaction.
You are solely responsible for any refunds and must not make any representations to customers or to any third parties about us or our fees in connection with refunds.
Notwithstanding anything else set out in these Terms, you indemnify us for any loss (including indirect and consequential loss) or damage that we suffer or incur as a result of or in connection with any varied, postponed or cancelled event and any refunds to customers, including any shortfall in refund amounts by reason of the payment to us of our fees and charges.
You acknowledge that in some circumstances we are required to refund or pay amounts to customers in connection with your use of the Services as a result of adjustments made to our payment gateways. We are not responsible or liable to you in any way for any such adjustments. You are liable to us and indemnify us for and must pay to us on demand the full amount of any adjustments and any associated bank fees which we may be assessed in connection with such adjustments.
A common example of this is where a competitor disputes their fees with their credit card provider (i.e. they don't believe that they should have been charged by MyClubMate). MyClubMate is notified by the bank that a customer has disputed a transaction. MyClubMate sends details to the bank of the nature of the transaction and what it was for, the customer and the event organiser are cc'd in on this email. The customer is told that they need to call their credit card provider to withdraw the disputed transaction. If they do not do this within 3 business days, the bank will charge the customer and charge a $25 fee. MyClubMate and MyCompHQ will not be liable for these amounts. If you have already been paid the funds from your event, you agree to reimburse MyClubMate for the disputed transaction amount and the $25 bank charge.
You may upload your own terms and conditions to apply to your events, fundraising and other activities. These will appear to customers during booking or donation and may be printed on confirmations. You are solely responsible for any terms and conditions attached or imposed by you.
You must not include in your terms and conditions anything that could result in a customer believing that they have any rights against us or that we have any obligations to them.
MyCompHQ will store the version of the event and fundraising terms and conditions that customers agree to for auditability purposes.
Unless indicated otherwise all content and materials in any format on the Website and all intellectual property in the Website is owned or licensed by us.
Subject to these Terms, you agree that you will not infringe our intellectual property as contained in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained on or in the Website without our written consent or otherwise use the Website in a way which will infringe our intellectual property or other rights.
We grant you permission to download our copyright material only for private and non-commercial purposes or for purposes necessary for you to access the Services. You may only reproduce or use our copyright material for any other purpose with our written consent, which may be given subject to such conditions as we in our absolute discretion may impose.
All rights not expressly granted are expressly reserved.
We may use Your Content in any way to provide the Services.
You represent and warrant that Your Content is accurate and truthful, you have all rights, power and authority necessary to provide Your Content as part of the Services and that Your Content does not and will not infringe, misappropriate or otherwise conflict with the rights of any third party, that it complies with all applicable laws and does not violate these Terms or the Privacy Policy. We reserve the right to remove any of Your Content from the Website or Services where we consider that it violates these Terms or the Privacy Policy.
We do not claim any ownership rights in any of Your Content and nothing in these Terms restricts any rights that you may have to use and exploit Your Content outside of the Services.
We may use your name and logo for the purpose of identifying you as an existing or past customer of ours on the Website, in the Services and in marketing, advertising and promotional materials.
The Website may contain Third Party Content and the Website and our Services may enable you to link to or access Third Party Content.
We do not control and are not responsible for Third Party Content and you bear all risks associated with your access to and use of Third Party Content.
Any Third Party Content made accessible by us is provided on an "as-is" and "as available" basis without any warranty of any kind. Third Party Content may be found by us to be inaccurate, incomplete, offensive, objectionable or unlawful, and we are not responsible for and under no obligation to control, monitor or correct Third Party Content. We do not have a practice of monitoring or making inquiries about Third Party Content, and make no express or implied representations of any kind concerning Third Party Content.
We reserve the right to take remedial action if any such content violates applicable restrictions under these Terms, including the removal of or disablement of access to such content.
The owner, author or provider of such Third Party Content retains all rights in and to that content, and your rights to use such Third Party Content are subject to and governed by the terms applicable to such content as specified by such owner, author or provider.
Our Privacy Policy is incorporated into these Terms.
You must comply with all privacy laws applicable to you when using the Services, including ensuring any Personal Information you collect from customers is collected, used and managed by you in accordance with all applicable privacy laws and with such person's consent.
Any customer Personal Information we collect and provide to you is solely for the purpose of conducting the event. You are not authorised to send customers any unsolicited emails, mail or "spam" or to add them to your mailing list unless they have opted in to receive further correspondence from you during the ticketing process.
We may subcontract parts of the Services to our affiliates and use third party suppliers to support the delivery of the Services.
We may suspend or terminate your right to use all or any part of the Services at any time if:
We will use reasonable efforts to provide you with notice of any such suspension or termination.
We will not be liable to you or any third party for any such suspension or termination of your right to use or access all or any part of the Services.
Where we terminate due to the suspicion of the fraudulent use of credit cards or PayPal we retain the right to reverse such credit card or PayPal transactions for the Customer.
MyCompHQ has the right to suspend or terminate the Event Organiser's use of the Registration & Facility at any time in MyCompHQ's absolute discretion.
The Account Owner may terminate your access to the Services at any time by contacting MyCompHQ.com.au.
MyCompHQ may vary these Terms from time to time. Unless otherwise notified to the contrary, such modification will take effect upon being posted to MyCompHQ's website.
If the Event Organiser does not agree to the Terms as varied, the Event Organiser will promptly cancel use of the Services. The Event Organiser's continued use of the Services is deemed acceptance by the Event Organiser and shall constitute agreement with the Event Organiser to be bound by the Terms (as varied).
All provisions of these Terms that by their nature should survive termination of your access to the Services and/or your Account shall survive all limitations on liability, indemnification obligations, disclaimers, choice of law and applicable warranty protections.
Except as otherwise required by law:
While we will do our best to ensure the Services run without error, we do not guarantee continuous, uninterrupted or secure access to the Services and specifically accept from any of the Services.
To the maximum extent permitted by applicable law, MyCompHQ does not warrant that MyCompHQ will meet your specifications, interfaced with Os numerous factors outside of our control.
To the extent permitted by applicable law, MyCompHQ excludes any warranties of any obligations with respect to the Services and the Services, loss of goodwill, work stoppage, computer and/or device failure or malfunction, or any other commercial or personal loss of any kind regardless of whether such loss was foreseeable or whether MyCompHQ was advised of the possibility of such loss or damage.
Subject to the terms set out below under the heading Australian Consumer Law and to the maximum extent permitted by law, MyCompHQ excludes liability for direct, indirect, special, incidental, consequential or exemplary damages (including loss of business, loss of data, loss of anticipated revenues, loss of goodwill, business interruption and the costs and time to replace such loss or goodwill), property and/or intellectual property damage. MyCompHQ, directors, officers and agents, are not liable to you for any amount that is directly or indirectly related to your breach of any obligations set out in all such damages caused after the nature of service arises.
You agree to agents and action, liability, harm, loss, damage, prosecuting, expenses (including legal costs) suffered or incurred by us and our Related Entities, officers and employees in which is directly or indirectly related to your breach of any obligation or all other Terms, in any breach, damage or injury resulting from your use or misuse of the Services.
If you purchase a consumer under the Australian Consumer Law while using the Services, nothing in these Terms is intended to exclude, restrict or modify such laws, including our rights in those terms, procedures.
To the extent that the Australian Consumer Law or other laws include important service or good are relevant by law, our liability is limited to supplying the service again.
You and MyCompHQ are independent contractors and these Terms do not create any partnership, joint venture or any regulatory obligations, or assume any responsibility for your business, operations, events and activities.
You are not permitted to assign or transfer your Account or the Services you are using to any person without our written consent. We can assign our right to receive payments from you under these Terms and can transfer some or all of our rights and obligations in relation to these Terms without notice to you.
All notices under these Terms must be in writing. We will send notices to you to the address specified in your Account settings. You must send notices to us at MyCompHQ office address specified on our Website under "Contact Us" by the direction of the MyCompHQ support team.
If any provision of these Terms is deemed to be invalid or unenforceable, all or part of that provision will be severed from these Terms, and will not affect the enforceability of the remaining provisions.
Any failure by us to assert any right under these Terms shall not constitute a waiver of such right. If we waive a right to enforce a particular term as part of these Terms, this is not to be deemed a further or continuing waiver of such term.
These Terms are governed by the laws of NSW, Australia.