Roller Networks Australia Pty Ltd (“ROLLER AUSTRALIA”) ACN 152 533 278 operates the www.rollerdigital.com site and related sites (including all webpages, subdomains and subparts therein contained, the "Site")ROLLER AUSTRALIA provides goods and services to you, subject to these Terms of Use.

 

1. ACCEPTANCE OF TERMS OF USE.

1.1 Overview.

The following terms and conditions (this "TOU") govern all use by you as an Organiser (as defined below) of (a) the ROLLER AUSTRALIA Site, (b) any and all services available on or through the Site or otherwise provided by ROLLER AUSTRALIA for your events or venue, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by ROLLER AUSTRALIA. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by ROLLER AUSTRALIA.

By using or accessing any part of the services, you agree to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the site by ROLLER AUSTRALIA. If you do not agree to any of such terms, conditions, rules, policies or procedures, do not use or access the services. This TOU may only be modified (i) on an event by event basis through a written ticketing services agreement or written addendum agreement to this TOU, signed by you and an authorised officer of ROLLER AUSTRALIA, or (ii) by ROLLER AUSTRALIA as provided in section 1.2 below.

1.2 Modification.

ROLLER AUSTRALIA reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOU at any time. It is your responsibility to check this TOU periodically for changes. Your continued use of the Services following the posting of any changes to this TOU constitutes acceptance of those changes. If any change to this TOU is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

 

2. DESCRIPTION OF ROLLER AUSTRALIA.

ROLLER AUSTRALIA provides a simple and quick means for registered users who are Venues or event organisers ("Organisers" or "you") to collect payments with respect to the sale of experiences/tickets/offers, merchandise and services for, events and products registered on the Site, including Service Fees (as defined below) ("Booking Fees"), from users who want to attend the venue or event ("Buyers"). Organisers may visit the Site, fill out any details about their product or event, including pricing, location, inventory, etc., and collect Booking Fees online directly from Buyers. Payments are all transacted through, either (a) PayPal, Braintree other third party payment service methods (collectively, "Payment Merchants" or "PM") or (b) the ROLLER AUSTRALIA payment processing gateway (the "Gateway"). For more information, please see http://www.RollerDigital.com.au. This TOU applies to you and your use of the Services as an Organiser. 

 

3. YOUR USE OF THE SERVICES.

3.1 The Services.

ROLLER AUSTRALIA hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating a venue or event page with respect to, and promoting, managing, tracking and collecting Booking Fees for, a product that you have registered on the Site, in each case (i) in compliance with this TOU, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of collecting Booking Fees through the Site as an Organiser in accordance with this TOU); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.

3.2 Software.

If you are allowed to download or use any Software in connection with the Services, ROLLER AUSTRALIA hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive licence to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOU and the written instructions/directions (if any) provided by ROLLER AUSTRALIA in conjunction with the Software. For purposes of this TOU, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by ROLLER AUSTRALIA. For clarity, the Software will be deemed a part of the "Services" hereunder.

 

4. PAYMENT METHODS.

4.1 Overview.

There are two types of payment processing options Organisers may elect when using the Services: (1) "Facilitated Payment Processing" or "FPP", which consists of collecting Booking Fees using PMs; and (2) "Credit Card Processing" or "CCP", which requires the use of the Gateway for the collection of Booking Fees. Depending on the payment processing option the Organiser elects when using the Services, monetary payments will be made to the Organiser directly by Buyers (via PM) or by Roller Australia (via CCP), in each case as described below.

4.2 Facilitated Payment Processing.

(a) Independent Relationship.

When using a PM, Organisers and Buyers effect the applicable monetary payment transaction through the FPM service and are bound by the applicable terms of use governing the PM service.

(b) Services Fees.

Organizers will collect all monies directly from Buyers under the FPP option. By registering for and using the FPP option, you agree to (i) pay Roller Australia all then-applicable Roller Digital Transaction Fees and Credit Card Processing Fees, which are based on the number of products sold by you and/or the value of such products, and which charges are described in greater detail at www.rollerdigital.com, and all additional on-site service fees, equipment lease charges, printed ticket fees, and any other fees and charges of any kind payable by you to Roller Australia in connection with the provision of the Services (collectively, "Transaction Fees"), which payments shall be due and payable upon receipt of the invoice setting forth such charges; and (ii) accept the responsibility for providing refunds to Buyers at your own discretion. Roller Australia will not be responsible or liable for, and Organiser hereby agrees to fully indemnify Roller Australia and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the FPP option. Invoices are sent monthly for Transaction Fees incurred in the previous month.

4.3 Credit Card Processing.

(a) Gateway; Payment Process.

When an Organiser elects to use the Gateway for the collection of Booking Fees, payment processing occurs directly through Roller Australia. Under the CCP option, Roller Australia will collect all Booking Fees on behalf of the Organiser from Buyers and deduct all applicable Transaction Fees from the Booking Fees collected by Roller Australia, and then pass the remainder along to the Organizer within five (5) business days after the event end date for the event to which the Booking Fees correspond (through an electronic funds transfer, to the account, respectively, that the Organiser accurately designates on the Site), provided that Roller Australia reserves the right to withhold funds (i) at any time as Roller Australia determines to be necessary for the processing and settlement of all refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, and other discrepancies and (ii) as otherwise permitted pursuant to this TOU. Roller Australia, in its sole discretion, may determine to advance a portion of Booking Fees to Organiser prior to the period set forth above, on such terms and conditions as Roller Australia may establish from time to time. Organiser agrees that all Booking Fees for a given event are earned by Organiser only following conclusion of the applicable event and all Booking Fees ultimately due will be net of all Transaction Fees, refunds, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise. No payments shall be made to an Organiser from Roller Australia with respect to any event that is cancelled. If payments have already been made by Roller Australia to an Organiser for a cancelled event, such Organiser will immediately refund to Roller Australia all such payments upon cancellation of such event. All sales, fees, charges, and funds are payable in Australian Dollars, or other foreign currencies accepted by Roller Australia. If Organiser elects to list Booking Fees in a foreign currency accepted by Roller Australia, Roller Australia will collect and disperse the funds in the foreign currency selected by Organiser.

ORGANISER AGREES THAT ANY PAYMENT BY ROLLER AUSTRALIA OF BOOKING FEES PRIOR TO THE FIFTH (5TH) BUSINESS DAY AFTER THE END DATE OF THE APPLICABLE PRODUCT ARE MERELY ADVANCES OF AMOUNTS THAT MAY BECOME DUE TO ORGANISER UNDER THIS TOU AND THAT ROLLER AUSTRALIA MAY DEMAND SUCH ADVANCES BACK (FROM TIME TO TIME IN ITS SOLE DISCRETION), AND ORGANISER SHALL THEREUPON PROMPTLY (AND IN ANY CASE WITHIN FIVE (5) BUSINESS DAYS AFTER SUCH DEMAND) PAY BACK TO ROLLER AUSTRALIA SUCH ADVANCE OR ANY PORTION THEREOF DEMANDED BY ROLLER AUSTRALIA.

(b) Refunds.

(i) Under the CCP option, it is the responsibility of the Organiser to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site. An Organiser shall ensure that its refund policy is consistent with the terms of this TOU and the payment and refund mechanics of the Site. The Site permits an Organiser to issue refunds to Buyers, provided the refund is issued by Organiser before ninety-six (96) hours after the end date of an event and within six (6) months after the transaction date for the underlying ticket purchase. Refunds issued following such period will not be processed through the Site, unless otherwise agreed to by ROLLER AUSTRALIA in its sole discretion. Subject to the foregoing, refunds issued by an Organiser will be processed within thirty (30) days after Organiser instructs the issuance of the refunds via the Site. All communications or disputes regarding refunds are between the Organiser and Buyer, and ROLLER AUSTRALIA will not be responsible or liable for, and Organiser hereby agrees to fully indemnify ROLLER AUSTRALIA and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the CCP option. (ii) Notwithstanding the foregoing, you acknowledge and agree that ROLLER AUSTRALIA shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if ROLLER AUSTRALIA receives complaints from a substantial number (as determined by ROLLER AUSTRALIA in its sole discretion) of Buyers with respect to the applicable event or another event held by Organiser, or ROLLER AUSTRALIA determines in its sole discretion that Organiser has engaged in any fraudulent activity or made any misrepresentations. Further, if one or more Buyer(s) request a refund, whether due to a cancelled event or for any other reason where ROLLER AUSTRALIA would reasonably expect to lose a chargeback, ROLLER AUSTRALIA may, in its sole discretion, issue such refund to such Buyer(s), and Organiser shall then owe the amount of such refund to ROLLER AUSTRALIA.

(c) Credit Card Chargebacks.

Under the CCP option, any credit card chargebacks initiated by a Buyer for any reason with respect to an event shall be charged back to the Organiser of such event. All communications and disputes regarding chargebacks are between the Organiser and Buyer, and ROLLER AUSTRALIA will not be responsible or liable in any way for, and Organiser hereby agrees to fully indemnify ROLLER AUSTRALIA and its affiliates for, chargebacks issued in the course of the use of the CCP option.

4.4 Non-Exclusive Remedies.

(a) Payment.

In the event that Organiser fails to pay to ROLLER AUSTRALIA any amount owed pursuant to this TOU when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Organiser to ROLLER AUSTRALIA under this TOU or otherwise, ROLLER AUSTRALIA may, without limiting its other rights and remedies, (i) deduct such amounts from Organiser's outstanding balance, whether for that particular event or for any other event that Organiser lists through the Services; and/or (ii) send an invoice to Organiser for such amounts to the extent Organiser's outstanding balance is insufficient to cover these costs, in which case Organiser shall pay ROLLER AUSTRALIA such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to ROLLER AUSTRALIA hereunder are not made by Organiser when due, ROLLER AUSTRALIA reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Organiser's registration for the Services (including any and all accounts that Organiser may have) and to cancel all other events listed by Organiser.

(b) Confirmation.

Upon receipt of a credit card authorisation from each individual ticket purchase, ROLLER AUSTRALIA generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by ROLLER AUSTRALIA through the Services, and it is your responsibility to verify the Buyer's membership status, confirmation number and/or any event restrictions prior to the subject event.

(c) Taxes; Withholding.

(i) You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to your use of the Services and for collecting, remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities, even if ROLLER AUSTRALIA provides you with tools that assist you in doing so. ROLLER AUSTRALIA does not represent or warrant that any tax tools will meet all tax requirements that may be applicable to you. ROLLER AUSTRALIA cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires ROLLER AUSTRALIA to pay any Taxes attributable to your use of the Services, you agree to indemnify and reimburse ROLLER AUSTRALIA for such Taxes and all costs and expenses related thereto.

(ii) All Service Fees charged by Roller Australia do not include any Taxes except to the extent that a Tax is expressly set forth in the applicable invoice or billing statement, and you agree to pay any Taxes that are imposed and payable on such Service Fees (other than those calculated based on ROLLER AUSTRALIA'S net income) to Roller Australia.

(iii) ROLLER AUSTRALIA reserves the right to withhold the payment of any amounts owed to you hereunder if ROLLER AUSTRALIA suspects or determines that such amounts have been generated in (A) a fraudulent manner, (B) violation of this TOU, or (C) violation of any applicable laws or regulations (foreign or domestic), or if ROLLER AUSTRALIA is required to do so by applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by ROLLER AUSTRALIA).

5. YOUR REGISTRATION OBLIGATIONS.

To be a registered user of the Services as an Organiser you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ROLLER AUSTRALIA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ROLLER AUSTRALIA has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). ROLLER AUSTRALIA is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any FPM service provider or other third party service provider, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.

6. ACCOUNT, PASSWORD AND SECURITY.

As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify ROLLER AUSTRALIA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ROLLER AUSTRALIA cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that ROLLER AUSTRALIA shall be the sole arbiter of such dispute in its sole discretion and that ROLLER AUSTRALIA'S decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

7. CONTENT.

7.1 Site Content.

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by ROLLER AUSTRALIA in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. ROLLER AUSTRALIA may own the Site Content or portions of the Site Content may be made available to ROLLER AUSTRALIA through arrangements with third parties. Except as expressly authorized by ROLLER AUSTRALIA in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of ROLLER AUSTRALIA. You shall use the Site Content only for purposes that are permitted by this TOU and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

7.2 Your Content.

You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to ROLLER AUSTRALIA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and licence to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing licence, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. ROLLER AUSTRALIA reserves the right to remove any of Your Content from the Site at any time if ROLLER AUSTRALIA believes in its sole discretion that it does not comply with this TOU. In addition, you agree that ROLLER AUSTRALIA may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of ROLLER AUSTRALIA both on the Site and in marketing and promotional materials.

 

8. CONDUCT.

8.1 Certain Restrictions.

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Buyers and other users of the Services. You agree not to use the Services to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  •  {C}harm minors in any way;
  •  impersonate any person or entity, including, but not limited to, an ROLLER AUSTRALIA representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  •  upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
  • upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;
  • upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOU or expressly authorized by ROLLER AUSTRALIA 
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or
  • stalk or otherwise harass any person or entity.

8.2 Certain Remedial Rights.

You acknowledge that ROLLER AUSTRALIA does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that ROLLER AUSTRALIA and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that ROLLER AUSTRALIA may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOU; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of ROLLER AUSTRALIA, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

9. SUB-DOMAINS.

ROLLER AUSTRALIA may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].rollerdigital.com). All such sub-domains are the sole property of ROLLER AUSTRALIA. In the event ROLLER AUSTRALIA provides you with a sub-domain, your right to use such sub-domain may be terminated by ROLLER AUSTRALIA at any time (with or without notice) for any reason or no reason.

10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.

Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States or the country in which you reside.

11. ADDITIONAL SERVICES.

ROLLER AUSTRALIA may, upon request, and for such fees as ROLLER AUSTRALIA may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site, including without limitation leasing scanning and other equipment, providing consultants and staffers to assist you on the date of products or event, and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of this TOU. Such additional services shall be set forth in a written Addendum Agreement to this TOU, ROLLER AUSTRALIA Equipment Lease Agreement, and/or other written agreement between you and an authorized officer of ROLLER AUSTRALIA, and shall set forth the Service Fees and the other terms and conditions relating to such additional services. As a condition to the lease of any equipment, you shall enter into a separate ROLLER AUSTRALIA Equipment Lease Agreement.

12. INDEMNITY.

You agree to defend, indemnify and hold ROLLER AUSTRALIA, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, 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: your Content; your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this TOU. ROLLER AUSTRALIA shall provide notice to you of any such Claim, provided that the failure or delay by ROLLER AUSTRALIA in providing such notice shall not limit your obligations hereunder. ROLLER AUSTRALIA reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting ROLLER AUSTRALIAs defense of such matter.

13. SERVICE MODIFICATIONS/SUSPENSIONS.

ROLLER AUSTRALIA reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. ROLLER AUSTRALIA will not be responsible to you for a refund, in whole or part, of Transaction Fees for any reason, except for Transaction Fees (excluding the portion of Transaction Fees paid over to PMs and other third party service providers used by ROLLER AUSTRALIA in connection with providing the Services) related to refunds issued to Buyers. You agree that ROLLER AUSTRALIA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

14. TERMINATION.

ROLLER AUSTRALIA, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due ROLLER AUSTRALIA, or if ROLLER AUSTRALIA believes that you have violated or acted inconsistently with the letter or spirit of this TOU. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that ROLLER AUSTRALIA may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that ROLLER AUSTRALIA shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOU that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licences).

15. LINKS.

The Services may provide, or third parties may provide, links to other Internet websites or resources. Because ROLLER AUSTRALIA has no control over such websites and resources, you acknowledge and agree that ROLLER AUSTRALIA is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that ROLLER AUSTRALIA shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

16. DISCLAIMER OF WARRANTIES.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROLLER AUSTRALIA 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. ROLLER AUSTRALIA MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ROLLER AUSTRALIA IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANISER, ORGANISER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND ROLLER AUSTRALIA WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT ROLLER AUSTRALIA HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING BUYERS', OTHER NON-ORGANISERS' AND ORGANISERS') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS AND ORGANISERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, ROLLER AUSTRALIA IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND ROLLER AUSTRALIA HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organisers, Organisers and/or third parties in connection with the Site or any Services to ROLLER AUSTRALIA. ROLLER AUSTRALIA, in its sole discretion, may investigate the claim and take necessary action.

17. LIMITATION OF LIABILITY.

ROLLER AUSTRALIA 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 THIS TOU, FOR: (I) 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 AUSTRALIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN ORGANISER WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND ROLLER AUSTRALIA'S REASONABLE CONTROL. ROLLER AUSTRALIA SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

18. RELEASE.

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE ROLLER AUSTRALIA, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER 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 ORGANISERS, BUYERS, AND OTHER NON-ORGANISERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR YOUR EVENT.

IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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 DEBTOR."

19. PRIVACY.

All information provided by you or collected by ROLLER AUSTRALIA in connection with the Services is governed by ROLLER AUSTRALIA's Privacy Policy, a copy of which is located at http://www.rollerdigital.com/privacy which is hereby incorporated by reference into this TOU. ROLLER AUSTRALIA strongly recommends that you review the Privacy Policy closely. In particular, Organisers should note that Roller Australia may use information it receives or collects regarding Buyers in accordance with the terms of its Privacy Policy, which may include use for marketing or promotion of other events or services that may be of interest to such Buyers. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. ROLLER AUSTRALIA shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. ROLLER AUSTRALIA does not control and shall not be responsible for the acts of you or any other users (whether Organisers, Buyers, other non-Organisers or otherwise) of the Services.

20. NOTICE.

Notices to you may be made via either email or regular mail to the address in ROLLER AUSTRALIA's records. The Services may also provide notices of changes to this TOU or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at Roller Australia, 68 Greville St, Prahran, VIC 3181. 

21. TRADEMARK INFORMATION.

The trademarks, service marks, and logos of ROLLER AUSTRALIA (the "ROLLER AUSTRALIA Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of ROLLER AUSTRALIA. 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 AUSTRALIA Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed in connection with the Services without the prior written consent of ROLLER AUSTRALIA specific for each such use. The Trademarks may not be used to disparage ROLLER AUSTRALIA, any third party or ROLLER AUSTRALIA's or third party's products or services, or in any manner (in ROLLER AUSTRALIA's sole judgment) 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 AUSTRALIA 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 AUSTRALIA Trademark shall inure to ROLLER AUSTRALIA's benefit.

22. GENERAL.

23.1 Entire Agreement.

This TOU constitutes the entire agreement between you and ROLLER AUSTRALIA and governs your use of the Services as an Organiser, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and ROLLER AUSTRALIA on the subject matter hereof, other than any written Ticketing Services Agreement, ROLLER AUSTRALIA Equipment Lease Agreement or Addendum Agreement between you and an authorized officer of ROLLER AUSTRALIA relating to a specified event or events. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software or the Services in a manner other than as governed by this TOU.

23.2 Choice of Law.

This TOU and the provision of the Services to you are governed by the laws of the state of California, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within California by California residents.

23.3 Arbitration.

Any controversy or claim arising out of or relating to this TOU or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and ROLLER AUSTRALIA agree to submit to the personal jurisdiction of the courts located within the city and county of San Francisco, California. Either you or ROLLER AUSTRALIA may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, necessary to protect the rights or property of you or ROLLER AUSTRALIA (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

23.4 Waiver; Invalid Provisions.

The failure or delay of ROLLER AUSTRALIA to exercise or enforce any right or provision of this TOU 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 this TOU 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 this TOU shall remain in full force and effect.

23.5 Time to File Claim.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOU must be filed within two (2) years after such claim or cause of action arose or be forever barred.

23.6 Titles.

The section titles in this TOU are for convenience only and have no legal or contractual effect.

23.7 Violations.

Please report any violations of this TOU by email to [email protected]

// Adroll Pixel