Roller's Terms of Service Policy.
 

1.1 Roller. 

Welcome to Roller! We are a ticketing and registration platform dedicated to delivering first class booking experiences for the leisure, hospitality and events industry. Through our platform, mobile apps and services, we enable people to create, discover, share and register for events, and help venue and event managers more effectively run their business.

1.2 The Services. 

Roller’s websites and domains, including www.rollerdigital.com and www.roller.software, and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our mobile applications, offered, maintained and provided by Roller. We refer to all of these as our “Services.” 

1.3 Users. 

Through the Services, Roller provides a simple and quick means for registered users who are event Organizers, planners and charitable organization (“Organizers”) to create event registration, profiles, fundraising and other webpages related to their events and commercial offerings, to promote those pages and events to visitors or browsers on the Services and to sell tickets and registrations (or issue free registrations), solicit donations and sell merchandise related to those events to users who wish to make purchases, registrations or donations from or to such events (including to free events) (“Attendees”). We refer to Organizers, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.” 

1.4 Contracting Party. 

If you are a User, the Services are being provided to you by, and you are entering into these Terms of Service with: Roller Networks Australia Pty Ltd.

We are registered in Australia under ACN 152 533 278. Our ABN is: 84 152 533 278.

Our principal place of business is:

Studio 2,
249 Chapel Street,
Prahran, VIC 3181
Australia


For purposes of these Terms of Service, Roller Networks Australia Pty Ltd, as applicable, shall be referred to as “Roller,” “us,” “we” or “our.”

Our Terms Of Service.

2.1 Terms of Service Agreement. 

The following pages contain our Terms of Service Agreement (“Terms of Service”). These Terms of Service govern all of our Services, all of which are offered subject to your acceptance without modification of these Terms of Service. In addition to the Sections below, these Terms of Service include and incorporate by reference the following agreements, terms, policies, requirements and guidelines: 


• our Terms of Use is available here

• our Privacy Policy is available here

• our Security information is available here;

• our Merchant Information is available here;

• our Website Services Information is available here;

• additional terms and conditions that are displayed along with additional Services that you may use or purchase from time to time.

Your Acceptance.

3.1 Binding Agreement. 

You agree to these Terms of Service and you enter into a binding contract with Roller either when you sign up for a registered account by clicking “Sign Up,” “Register Now,” “Get Started” or similar buttons, or if you are an unregistered Attendee, when you purchase a ticket to or register for an event (including free events) or purchase merchandise, a service or make a donation related to an event, in each case by clicking “Pay Now,” “Register Now,” “Buy Now” or similar buttons, or in accordance with Section 3.2 below. If you are not a registered user or an unregistered Attendee, you agree to these Terms of Service and you enter into a binding contract with Roller by downloading Applications or using, accessing or browsing any part of the Services. If you do not agree to any portion of these Terms of Service, do not use or access the Services. If you will be using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms of Service, do not use or access the Services. 


3.2 Modifications. 

Roller reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms of Service (or any of the agreements that make up these Terms of Service) at any time (collectively, “Modifications”). Modifications to these Terms of Service will be posted to the Roller website with a change to the "Updated” date at the top of these Terms of Service. In certain circumstances Roller may provide you with additional notice of such Modifications, via email or with in-Service notifications. Modifications will be effective thirty (30) days following the "Updated” date or such other date as communicated in any other notice to you, except that changes addressing new functions of the Services or which do not impose any additional burdens or obligations on you will be effective immediately. It is your responsibility to check these Terms of Service periodically for Modifications. Your continued use of the Services following the effectiveness of any Modifications to these Terms of Service constitutes acceptance of those Modifications as well. If any Modification to these Terms of Service is not acceptable to you, you must cease accessing, browsing and otherwise using the Services. Other than as set forth in this paragraph, these Terms of Service may only be modified through a written Addendum Agreement, signed by you and approved by an authorized officer of Roller. 

3.3 Language

We may translate these Terms of Service (or any of the agreements that make up these Terms of Service) into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.

Term; Termination.

4.1 Term. 

These Terms of Service are effective upon your Acceptance as set forth under Section 3.1 above and continue in effect until terminated. 

4.2 Termination by Roller. 

Except to the extent we have agreed otherwise in a separate written Addendum Agreement or Ticketing Services Agreement between you and an authorized officer of Roller, Roller may terminate your right to use the Services at any time for (a) your violation or breach of these Terms of Service; (b) your misuse or abuse of the Services; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Roller to legal liability. We will use reasonable efforts to provide you notice of any such termination. Further, you agree that Roller shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services. 

4.3 Termination by You. 

Except to the extent you have agreed otherwise in a separate written Addendum Agreement or Ticketing Services Agreement between you and an authorized officer of Roller, you may terminate your access to the Services and these Terms of Service by deleting your account. If you need help deleting your account, please contact us via: [email protected]. In the event there is a separate agreement between you and Roller governing your use of the Services and that agreement terminates or expires, these Terms of Service (as unmodified by such agreement) shall govern your use of the Services unless and until you delete your account. 

4.4 Survival of Terms. 

All provisions of these Terms of Service that by their nature should survive termination of these Terms of Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).

Special Terms For International Use.

5.1 US  Laws. 

The Services are subject to United States export controls and economic sanctions laws. In accepting these Terms of Service you represent and warrant that: 

(a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services (“Restricted Countries”), including without limitation, Cuba, Iran, North Korea, Sudan or Syria; and


(b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) that appears on the U.S. Department of State’s Terrorist Exclusion List; (iii) that appears on the Bureau of Industry and Security’s Denied Persons, Entity or Unverified List; (iv) that appears on the Consolidated List of Targets published by the U.K. HM Treasury; (v) that appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; (vi) that is subject to sanctions in any other country; or (vii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles. 

In respect of our Services relating to Gift Cards, you acknowledge and agree that:

 (a)  you are responsible with complying with all laws applicable to the offer, sale and redemption of, and relating to unused, Gift Cards, including the CREDIT CARD ACCOUNTABILITY RESPONSIBILITY AND DISCLOSURE ACT OF 2009; and

(b) to the extent permitted by law, Roller has no liability (and you hereby release Roller from and indemnify Roller against any and all claims and liability) arising from the marketing, offer, sale, use (and non-use) and redemption of Gift Cards.



5.2 Australian Users. 

If you are a User located in Australia and constitute a Consumer under the Australian Consumer Law while using the Services, then the following changes to the Terms of Service apply to you:

a.              To the extent permitted by the Australian Consumer Law, Roller hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Nothing herein is intended to remove your rights to statutory guarantees provided by the Australian Consumer Laws to the extent such statutory guarantees are applicable.

b.              Roller uses commercially reasonable efforts to ensure that the Services are available without interruptions and transmissions are error-free. However, by the nature of the Internet, this cannot be guaranteed. In addition, Roller may take some or all of the Services down for planned repair or maintenance from time to time. Roller will use commercially reasonable efforts to notify you prior to such planned repairs or maintenance.

c.              Roller does not assume any responsibility for the content, products, services, actions or inactions of any User or third party before, during and/or after an event. You acknowledge that Roller has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any Users’ (including Attendees’, other non-Organizers’ and Organizers’) content or listings, or the ability of any User (including Attendees and Organizers) to perform or actually complete a transaction and Roller is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction with the Services, and Roller has no responsibility for the acts or omissions of any such third party. However, Roller wants its customers to report any such misconduct in connection with the Services by contacting us.

Warranties.

6.1 Indemnification. 

You agree to defend, indemnify and hold Roller, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of: (a) your breach of these Terms of Service, including, without limitation the Terms of Use, the Merchant Agreement and any other part of these Terms of Service; (b) your improper use of the Services; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; or (d) in the case of Organizers, your events or the fact that Roller was providing Services with respect to those events, provided that in the case of (d), this indemnification shall not apply to the extent that the Claim arises out of Roller’s gross negligence or willful misconduct. Roller shall provide notice to you of any such Claim, provided that the failure or delay by Roller in providing such notice shall not limit your obligations hereunder except to the extent you are materially disadvantaged by such failure. 

6.2 Disclaimer of Warranties. 

To the extent permitted by applicable laws, the services are provided on an “as is” and “as available” basis. Roller hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. By way of example, roller makes no warranty that (a) the services (or any portion of the services) will meet your requirements or expectations; (b) the services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the services will be accurate or reliable. You acknowledge that roller has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any users’ (including attendees’, other non-organizers’ and organizers’) content or listings or the ability of any user (including attendees and organizers) to perform or actually complete a transaction and roller is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction with the services, and roller has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any such third parties. 

Nothing in these terms of service is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law. 

6.3 Limitation of Liability. 

To the extent permitted by applicable laws, roller, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners, employees and any applicable card schemes, shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise, with respect to the services, or any other subject matter of these terms of service, including without limitation the terms of use, the merchant agreement and any other part of these terms of service, for: (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if roller has been advised of the possibility of such damages), (b) the cost of procurement of substitute services, (c) any of your content (as defined in the terms of use) or any content of any other user of the services, or (d) any matters beyond roller’s reasonable control. In addition, other than the obligation of roller to pay out event registration fees to certain organizers under the merchant agreement, the maximum aggregate liability of roller, its payment processing partners, licensors and any applicable card schemes for all damages, losses, liabilities, costs and expenses under any legal theory, whether in tort, contract, or otherwise, with respect to, arising out of or related to the services, or any other subject matter of these terms of service, including without limitation the terms of use, the merchant agreement and any other part of these terms of service, shall be limited to (i) for organizers of events with paid tickets or registrations, and subject to the terms of the merchant agreement, the fees (net of roller payment processing fees) that you paid us in the three (3) month period immediately preceding the circumstances giving rise to your claim; and (ii) for organizers of events with free tickets only, attendees and other users, either (1) the total amount of all tickets or registastrations that you purchased or made through the services in the three (3) month period immediately preceding the circumstances giving rise to your claim; or (2) if you made no such purchases, one hundred australian dollars (a$100). 

Nothing in these terms of service is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law. 

6.4 Release. 

Roller provides a marketplace in which Attendees and Organizers can transact. However, Roller could not function if it were held responsible for the actions or inactions of different Attendees, Organizers and/or third parties both on and off the Services. Therefore, as an inducement to Roller permitting you to access and use the Services, you hereby agree to release Roller, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: 

“a general release does not extend to claims which the releasing party does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the released party." 

6.5 Trademarks. 

The trademarks, service marks and logos of Roller (the “Roller Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Roller. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with Roller Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Roller specific for each such use. The Trademarks may not be used to disparage Roller, any third party or Roller’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Roller approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Roller Trademark shall inure to Roller’s benefit. 

6.6 Patents; Copyrights. 

The Content (as defined in the Terms of Use) of the Services is also protected by copyrights owned by Roller and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights. 

6.7 Notices. 

Notices to you may be sent via either email or regular mail to the address in Roller’s records. The Services may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Roller or deliver any notice, you can do so as follows: 

Roller Networks Pty Ltd
Studio 2,
249 Chapel Street,
Prahran, VIC 3181
Australia

Email: [email protected]

6.8 Entire Agreement. 

These Terms of Service, including the Terms of Use, Merchant Agreement and any other part of these Terms of Service, constitute the entire agreement between you and Roller and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Roller on the subject matter hereof, other than any written Ticketing Services Agreement, Roller Equipment Lease Agreement or Addendum Agreement between you and an authorized officer of Roller relating to a specified event or events. 

6.9 Choice of Law. 

These Terms of Service and the provision of the Services to you are governed by the laws of the state of Victoria, Australia, without reference to principles of conflict of laws. 

6.10 Waiver; Invalid Provisions. 

The failure or delay of Roller to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of these Terms of Service is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect. 

6.11 Titles. 

Any Section titles in these Terms of Service are for convenience only and have no legal or contractual effect. 

6.12 Violations. 

Please report any violations of these Terms of Service by email to: [email protected]

6.13 Assignment. 

We may, without your consent or approval, freely assign these Terms of Service and our rights and obligations under these Terms of Service, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise. 

6.14 Relationship. 

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Service, except to the extent expressly set forth in Section 4 of the Terms of Use and the Merchant Agreement.

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