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Panelist Host Terms

Last Updated: 9 February 2021

These terms and conditions (“Terms”, “Agreement”) are an agreement between Panelist Pty Limited (“Panelist”, “us”, “we” or “our”) and you, the organiser of EVENTS (“Host”, “you” or “your”).

These User Terms set out how you use, and we use, Panelist, in its varying online forms.

This Agreement sets forth the general terms and conditions of you, as the Host of events on the Panelist website and any of its its properties “off platform” or through mobile applications, webpages, programming interfaces and subdomains (collectively, “the Platform”).


The material, including without limitation, information, data text editorial content, design elements, look and fee, formatting, graphics, images, photographs, videos, music, sounds and other contained contained on the Platform or made otherwise by Panelist will be referred to as “the Content”. Any material that you contribute, provide, post or make available using the Platform is referred to as “Your Content”.

When reading these User Terms, here are some important terms and understandings for you to be aware of when referring to ‘Content’.

1. Accepting These Terms

You accept these terms when you register or access our Services. These terms are terminated when you close your account and stop using our Services. If you disagree with our Terms, do not register or access our Services.

a. You agree that by clicking “Join Now”, “Join Panelist”, “Sign Up” or similar, registering, accessing or using our services as a Host, you are agreeing to enter into a legally binding contract with Panelist (even if you are using our Services on behalf of a company).


b. If you do not agree to this contract the Terms, do not click “Join Now” (or similar) and do not access or otherwise use any of our Services.


c. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.


2. Parties of These Terms

We have a Privacy Policy, Cookie Policy, and Community Guidelines. You acknowledge you have read those documents before agreeing to these Terms.

You as the Host

a. When these terms use the word “Host”, we mean those event creators using the Platform to create events displayed on the Platform for users to attend (‘ Consumers’) or for any other reason. Hosts, consumers and third parties using the Platform are all referred to in these terms as “Users”, “you”, or “your”.


b. If you are a Host offering events with paid tickets, Panelist's Merchant Agreement and Host Refund Policy Requirements are also applicable to you. Panelist’s Community Guidelines are also applicable to you. (Some, but not all, of the terms in those agreements are duplicated in these Terms of Service.)


c. These terms apply to not only apply to registered Users but also unregistered Users. All Users, including third parties, are subject of these Terms, as well as the Community Guidelines, Privacy Policy, Cookie Policy and Copyright Policy. You should also be aware that you may be subject of further terms, so you must ensure that you thoroughly review the Platform from time to time. By accepting these terms, you acknowledge that you have read the Privacy Policy and Cookie Policy.


d. You’re eligible to enter into the Terms and you are at least our “Minimum Age.” The Platform is not for use by anyone under the age of 16. To use the Platform, you agree that: (1) you must be the Minimum Age or older; (2) you will only have one Panelist account, which must be in your real name; and (3) you are not already restricted by Panelist from using the Platform. Creating an account with false information is a violation of the Terms, including accounts registered on behalf of others or persons under the age of 16.

You must meet certain requirements to use our Services. Remember, using false information when creating your account or an account on behalf of someone else, will be a breach of these Terms.

Panelist

e. Panelist connects professionals around the world. It is a professional networking platform for events. Panelist provides a platform for professionals globally to create business profiles, and webpages related to their events, promote those pages and events to other users, visitors or browsers on the platform, and manage online or onsite ticketing and registration. Descriptions of other and more specific services can generally be found on the Site.

Our Business Aim

f. You acknowledge that Panelist is not the creator, organiser or owner of the events listed on the Platform. Rather, Panelist provides the Platform which allows Hosts to manage, promote and hold their Events. The Host is solely responsible for ensuring that any page displaying their Event or their related Services meets all applicable local, state, national and other laws, rules and regulations, and that the goods and services described on their Event Page are delivered as described and in an accurate satisfactory manner.

We provide the ability for people to manage their Events. We are not responsible for the event; the Host is solely responsible for all social and legal obligations.

g. The Organiser of a paid event selects the payment processing method for its event as more fully described in the Merchant Agreement. Consumers must use whatever payment processing method the Organiser selects. If the Organiser selects a payment processing method that uses a third party to process the payment, then neither Panelist nor any of its payment processing partners processes the transaction but we transmit the Consumer's payment details to the Organiser's designated payment provider.

We are not responsible for organising payments for events on the Platform. The Host may choose to use a Third-Party Payment Method such as Stripe or Paypal, and where they do so, you agree you’ve also read their Terms and agree to the same.

3. Accounts and membership

We’re glad you’ve made an account with us. By doing so, it is your responsibility to ensure it is secure, and that all activities on the account comply with our Community Guidelines. You agree to use a strong password, and not to transfer any part of the account.

a. If you create an account on the Platform, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account.


b. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our Community Guidelines. You are responsible for anything that happens through your account unless you close it or report misuse.


c. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

To avoiding breaching these Terms, you must immediately notify us of unauthorised access or use of your account.

d. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these Terms, any breach of Community Guidelines, or that your conduct or content would tend to damage Panelist’s reputation and goodwill.

We can suspend, disable or delete your account, where we believe you have breached our Terms, Community Guidelines or damaged our reputation.

e. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Where your account has been deleted, you won’t be allowed to create another one.

4. Mobile Services

Where accessing our Services through a mobile device, charges, rates and fees may apply, depending on your wireless service carrier. Some carriers may also prohibit or restrict Use. Please ensure your communication details are up to date in case we need to contact you.

The Platform includes certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Platform through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Panelist and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Panelist account information to ensure that your messages are not sent to the person that acquires your old number.


5. Termination

If we terminate your account, you have 30 days to access your user data. Remember, it is your responsibility to keep backup copies of your User Data.

Panelist may suspend or terminate your access to and use of the Platform, in whole or in part, at any time and for any reason; provided, however, that if you have purchased a subscription for the Platform, Panelist’s right to suspend or terminate your access to and use of the Platform may include, but is not limited to, where you have failed to pay the applicable subscription fees or have otherwise breached these Terms of Service, and have not cured such payment failure or other breach within 10 business days of receiving written notice of such payment failure. You may terminate your account at any time upon notice to us; provided, however, that if you have purchased a subscription for the Platform, your right to terminate your account before paying the full amount of fees for the subscription period that you have committed to will be limited to cases where the Platform has breached these Terms, and has not cured such breach within 10 business days of receiving written notice of such breach from you. In the event of suspension or termination (other than cases where Panelist locks your account due to fraudulent activities or other potential harm to Panelist or third parties), Panelist will provide you with access to your User Data for at least 30 days following such termination. It is your responsibility to keep backup copies of the User Data


6. Billing and payments

a. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange between the Platform and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.


b. In consideration for the access to and use of the Service, you shall pay Panelist the fees determined according to the payment plan that you have selected at registration. You must provide accurate information regarding your credit card or other payment instrument, and you must promptly update your payment information if such information changes. You hereby authorise Panelist to periodically bill your payment instrument in advance, in accordance with the payment plan you have selected. If you wish to dispute any charges, you must provide notice to Panelist of such dispute within sixty (60) days of payment of the disputed charge. All amounts paid are non-refundable. We reserve the right to change our prices at any point. If we do change prices, we will provide notice to you through the Website or via email, at our option, at least thirty (30) days before such change is to take effect. Your continued use of the Service after the price change constitutes your agreement to pay the changed amount; provided, however, that if you have purchased an annual Service subscription, the price change will not go into effect until the end of your then-current subscription period.


c. Panelist collected payments from Users via a Third Party Payment Provider (‘TPPP’). By agreeing to these Terms, you acknowledge that you have read over the terms and conditions of the TPPP thoroughly, and have informed the TPPP that they agree to be bound by any terms and conditions in addition to these terms. The TPPP or their bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the invoice, or other paid services unless otherwise specified. Panelist accepts no responsibility for your use of any TTTP. You agree to keep their information including their email address and payment details up to date so that the TPPP and Panelist can process payment and contact you as needed in connection with the provision of the Platform and its associated Services.


d. Refunds are subject to our policy. If you buy any of our paid Services on the Platform (“Premium Services”), you agree to pay us the applicable fees and taxes and to Terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services


e. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.


f. We, or a Third Party Payment Provider, may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.


g. If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.


h. You can get a copy of your invoice through your Panelist account settings under billing and subscription.


7. Your Content

You own your content and are responsible for the content you add to the platform both privately and publicly. Whilst you own your Content, we can monitor it. Unless you grant specific permission, we cannot use your content for marketing or commercial purposes. However, we can use your content to provide our Services to you.

a. You are solely responsible for all audio, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, publish or display or email or otherwise use via the Platform.


b. We do not own Your Content that you submit on the Platform in the course of using the Platform. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of Your Content.


c. We may monitor your Content on the Platform submitted or created using our Platform. Unless specifically permitted by you, your use of the Platform does not grant us the license to use, reproduce, adapt, modify, publish or distribute your Content or stored in your user account for commercial, marketing or any similar purpose. But you grant us a non-exclusive license to access, copy, distribute, store, transmit, reformat, display and perform your Content of your user account solely as required for the purpose of providing the services associated with the Platform to you.


d. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove Your Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

We reserve the right to, in our discretion, refuse or remove your content. We, however, are not required to do so.

e. By using Panelist and its Plaform, you are granting Panelist and our affiliates the following non-exclusive license;

This Clause outlines how we may use your Content, in line with our Non-Exclusive License.

i. A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Platform and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:


1. You can end this license for specific content by deleting such content from the Platform, or generally by closing your account, except (a) to the extent you shared it with others as part of the Platform and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

How you can end this License.

2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy. If you use a Plaform feature, we may mention that with your name or photo to promote that feature within our Platform, subject to your settings.

We cannot use your Content for commercial or marketing purposes.

3. We will get your consent if we want to give others the right to publish your content beyond the Platform. However, if you choose to share your post as "public", we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services.

If you choose to share your Content publicly, it will be possible for other Members to have that content on a third-party service or search engine

4. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

We may make cosmetic changes to your Content, but it won’t change the meaning of your Content.

f. In addition to other terms as set forth in Terms, you are prohibited from using the Platform or Content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of Platform or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Platform or any related website for violating any of the prohibited uses.

You cannot use our Services or Content for any unlawful, obscene or immoral purpose or to interfere with our security features. In such circumstances, we have the right to terminate your use and access to our Services or related Services.

g. By using the Platform, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Panelist generally does not review content provided by our Hosts or Users or others. You agree that we are not responsible for others’ (including other Users) content or information. We cannot always prevent this misuse of our Platform, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organisation may be mistakenly associated with content about others when we let connections and followers know you or your organization.


h. Our Platform allows messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings, and messages. Information and content that you share or post may be seen by other Users (including off of the Platform). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Panelist connections, restricting your profile visibility from search engines, or opting not to notify others of your Panelist profile update). For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.


i. You agree that you are solely responsible for your interactions with any other user in connection with the Platform. Panelist will have no liability or responsibility with respect thereto. Panelist reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform.


8. Our Content

We have Content on the Platform too. Where we do, we own all Intellectual Property. Where there are errors or inaccuracies on the Platform, we can, without obligation, correct, change or update the Content.

a. This Agreement does not transfer to you any intellectual property owned by Panelist or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Panelist.


b. All trademarks, service marks, graphics and logos used in connection with our Platform or Services, are trademarks or registered trademarks of Panelist or Panelist licensors. Other trademarks, service marks, graphics and logos used in connection with our Platform or Services may be the trademarks of other third-parties.


c. Your use of our Platform and Services grants you no right or license to reproduce or otherwise use any Platform or third-party trademarks.


d. Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Platform including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information on the Platform or on any related Service has been modified or updated.


9. Backup

We will backup the data on the Platform for our administrative purposes and without obligation. You are still responsible for having your own backups, and we will not compensate for loss or incomplete date.

a. We perform regular backups of the Platform however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.


10. Links to other websites

Although there may be links to other websites, it does not mean we endorse or are affiliated with those websites in any way unless stated. As such, access and use of links and corresponding services is your responsibility. We hold no responsibility or liability for content on other websites.

a. Although this Platform may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.


11. Disclaimer of warranty

Use of this website is at your own risk and we disclaim all warranties of any kind.

a. You agree that your use of our Platform or associated services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied or statutory warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Platform will meet your requirements, or that the Platform will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Platform or as to the accuracy or reliability of any information obtained through the Service or that defects in the Platform will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Platform is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.


b. The scope and duration of this warranty will be the minimum permitted by law.


c. We make no warranty regarding any goods or services purchased or obtained through the Platform or any transactions entered into through the Platform. No advice or information, whether oral or written, obtained by you from us or through the Platform shall create any warranty not expressly made herein.


12. Liability and Indemnity

In the limited circumstances of liability, these Clauses outline the limits to this liability.

a. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform and Content, Your publishing of any information on Platform, use or participation in any Event or use of any other Platform, participation in any Third Party Payment Provider, or any other interaction you have with other Platform Users whether in person or online remains with you.


b. Neither Panelist nor any other party involved in creating, producing, or delivering the Platform or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with:


i. These Terms;


ii. From the use of or inability to use the Platform or Content;


iii. From any communications, interactions or meetings with other Platform Members or other persons with whom You communicate, interact or meet with as a result of Your use of the Platform;


iv. From your publishing or booking of an Event, including the provision or use of a Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Platform has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.


c. Except for our obligations to pay amounts to applicable suppliers pursuant to these Terms, in no event will the Platform’s aggregate liability arising out of or in connection with these Terms and your use of the Platform including but not limited to (i) From your publishing or booking of any Content or holding of Events via the Platform; or (ii) From the use of or inability to use the Platform or Content; and (iii) in connection with any agreement, or interactions with any other Platform Members, exceed the amounts you have paid or owe for bookings via the Platform in the twelve (12) month period prior to the event giving rise to the liability, or if You are a Supplier, the amounts paid by Platform to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Australian dollars (AUD$100), if no such payments have been made, as applicable.


d. To the maximum extent permitted by applicable law, you agree to release, defend (at the Platform’s option), indemnify, and hold the Platform’s officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Guidelines; (ii) your improper use of the Platform; (iii) Your interaction with any Member; (iv) participation in any Event including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use; (v) Your breach of any laws, regulations or third party rights.


e. You will only be permitted to pursue claims against Panelist on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.


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


13. Contacting You

You give us permission to contact you, through our Platform or other contact information you have provided to us.

a. You accept that Panelist is allowed to send notices and messages to you through our Platform, apps, and contact information. If your contact information is out of date, you may miss out on important notices.


b. By submitting suggestions or other feedback regarding our Platform and associated services to Panelist, you agree that Panelist can use and share (but does not have to) such feedback for any purpose without compensation to you.


14. Privacy

Please refer to our Privacy Policy, Cookie Policy and your settings to see how we may access, store and process your information and data.

a. You agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy, Cookie Policy and your choices (including settings).


15. Applicable Law

a. These Terms will be governed by the laws of New South Wales, Australia. If there is a dispute between you and the Platform that results in litigation then you must submit to the jurisdiction of the courts of New South Wales, Australia. In the event that any of these Terms are found to be unenforceable under New South Wales Law, this will not affect the remainder of these Terms.


16. General Provisions

Here are some of our Terms important clauses which explain how our Terms operate.

a. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between the Platform and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between the Platform and you in relation to the access to and use of the Platform.


b. No joint venture, partnership, employment, or agency relationship exists between you and the Platform as a result of these Terms or your use of the Platform.


c. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.


d. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.


e. The Platform’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.


f. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.


g. You may not assign, transfer or delegate this Agreement and Your rights and obligations hereunder without the Platform’s prior written consent.


h. Your right to terminate this Agreement at any time remains unaffected.


i. If You have any questions about these Terms please email us: support@panelist.com


17. Variations

We do sometimes update our User Terms, and you are confirmed to have agreed to our updated Terms upon continuing to use the Platform.

a. We reserve the right to modify these Terms or its policies relating to the Platform or Services at any time, effective upon posting of an updated version of these Terms on the Platform. When we do, we will revise the updated date at the bottom of this page. Continued use of the Platform after any such changes shall constitute your consent to such changes.