Panelist User Terms
Last updated 9 April 2021
These terms and conditions (“Terms”, “Agreement”) are an agreement between Panelist Pty Limited (“Panelist”, “us”, “we” or “our”) and you, the User of the Panelist’s website, application or other properties off platform (“User”, “you” or “your”).
This Agreement sets forth the general terms and conditions of you, as the User of the Panelist’s website, application or other properties off platform (“User”, “you” or “your”) 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 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”.
Table of Contents:
1. Accepting These Terms
a. You agree that by clicking “Join Now”, “Join Panelist”, “Sign Up” or similar, registering, accessing or using our services as a User, 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
You as the User
a. When these terms use the word “User”, we mean those persons who have been invited by Hosts to attend an Event using the Platform or for any other reason. Users, consumers and third parties using the Platform are all referred to in these terms as “Users”, “you”, or “your”.
c. 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.
d. 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.
e. 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 persons to manage, promote and hold their Events (‘the Host’). 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.
f. The Host of a paid event selects the payment processing method. Users must use whatever payment processing method the Host selects. If the Host 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. Rather, where you receive an invoice through the assistance of a Third-Party Payment Provider such as Stripe (‘TPPP’), you acknowledge that you have read over those TPPP terms and conditions thoroughly. 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. We accept no responsibility for your use of any TPPP. You agree to keep their information including their email address and payment details up to date so that the TPPP and we can process payment and contact you as needed in connection with the provision of the payment.
3. Accounts and membership
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.
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.
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.
4. Mobile Services
a. 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.
a. 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. You may terminate your account at any time upon notice to us. 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. Your Content
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 (‘Your Content’).
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.
e. By using Panelist and its Platform, you are granting Panelist and our affiliates the following 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.
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 through their services.
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.
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.
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.
7. Our 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.
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. Disclaimer of warranty
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.
11. Liability and Indemnity
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 Users or Hosts 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 Panelist’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 User, the amounts paid by Panelist 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).
12. Contacting You
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. 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.
15. General Provisions
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: email@example.com
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.