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Event ATMs™ Privacy and Legal Notice

ACCEPTANCE OF TERMS

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE.

The Event ATMs trademark and logo are owned and registered by Event ATMs (Australia). The www.eventatms.com.au web-site is owned and operated by Event ATMs (Australia) (Business Number %^&*%), a subsidiary of BMHJ (Partners) Pty Ltd ACN 147 987 228 group of companies (jointly and severally referred to in these terms and conditions as “Event ATMs” or “us” or “we”). By accessing or using this web site you signify your acceptance of terms, conditions, notices and disclaimers contained in this document and elsewhere on this web site (known collectively as “Terms of Use”). You warrant that you have authority to accept these Terms of Use on behalf of any Event ATMs customer (“Customer”) with which you are associated (“your Associated Customer”).

From time to time, Event ATMs may modify these terms and conditions by altering these terms and conditions as posted on this web site. Any amendment will be effective from the date it is posted on this web site. If, at any time, you do not wish to accept the Terms of Use, or any alterations to them you may not use this web site. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms of Use are expressly rejected by Event ATMs and shall be of no force or effect.

PRIVACY POLICY

The Privacy Policy set out below outlines the manner in which we manage personal information obtained through or displayed on our websites or visitors to the website. By using our website, or entering into an agreement with us in relation to our website or any of our other website (eg a link to one of our mirrored websites) you are taken to have read, and agreed to the collection, use, disclosure and handling of your personal information in accordance with, this Privacy Policy. This Privacy Policy is in addition to any other terms and conditions applicable to our websites. Specific privacy terms contained in any documents made available by us should be read together with this Privacy Policy.

We reserve the right, at our discretion, to modify or remove portions of this Privacy Policy at any time. You should review this Privacy Policy periodically so that you are updated on any changes. We welcome your comments and feedback.

We do not make any representations about third party websites that may be linked to any of our websites.

Respecting Information Privacy

We recognise the importance of protecting the privacy of information we collect that is capable of identifying an individual (“personal information”).

In collecting and handling personal information, we are bound by the Commonwealth Privacy Act 1988, including the National Privacy Principles, and any other applicable privacy laws in Australia. This Privacy Policy governs the manner in which personal information will be dealt with. There may be circumstances in which we need to transfer personal information outside Australia. If we do so, we strive to ensure that any organisation to which the information is transferred will be subject to binding privacy obligations.

Problems or Questions

If we become aware of any ongoing concerns or problems with our websites, we will take these issues seriously and work to address these concerns. If you have any further queries relating to this Privacy Policy, or you have a problem or complaint, please contact us at:

The Privacy Officer

Event ATMs

PO Box 5566

Stafford Heights Qld 4053

Further Data Protection Information

For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s website.

What personal information do we collect and why?

In order to provide you with services, answer your enquiries, deal with your requests or improve the services we offer you, we may collect and process the following personal information about you:

Information, such as your name, email and other contact details (including information that you provide by filling in forms on our websites). This includes information provided at the time of registering for further information about our “Products or Services”, subscribing to our service, posting material or requesting further. We may also ask you for personal information if you report a problem with any of our products or services. If you contact us, we may keep a record of that correspondence. If we do not collect this personal information from you, we may not be able to provide you with the services or assistance you have requested.

How do we use your personal information?

We may use personal information in the following ways:

To ensure that content from our websites is presented in the most effective manner for you and for your computer.

To provide you with service information, products or services that you request from us.

We may use personal information held about you to provide you with information about offers, promotions, goods or services, which we believe may be of interest to

To allow you to participate in interactive features of our service, when you choose to do so.

To notify you about changes to our service and remind you of your password and username.

Who do we disclose your information to?

We may disclose information held about you to the following types of organisations:

Third party suppliers who we have engaged to provide you with goods or services on our behalf, so that they can meet your request for those goods or services.

Third party suppliers of goods and services so that they can contact you directly about their offers, promotions, goods or services. If we do disclose your personal information for this purpose, we will always give you the opportunity to request that your information not be disclosed for this purpose in future.

Relevant public authorities, our legal representatives or other concerned parties, in special situations where, either:

we have reason to believe that disclosing your personal information is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users or anyone else who could be harmed by such activities; or

we believe, in good faith, that the law requires disclosure.

Storage, Security and Processing

We strive to ensure the security, integrity and privacy of personal information submitted to our websites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the internet can be guaranteed to be totally secure. However, we will endeavour to take reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also use reasonable endeavours to ensure its security on our systems.

In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we are not responsible for events arising from unauthorised access to your personal information.

Data (including personal data) submitted by our customers and visitors to our websites may be held on servers located in Australia or in the data centres of our outsourced data processors with data centres in Australia, the United States of America, Europe and Asia. The purposes of transfer of data outside of Australia are the secure storage, back-up and retrieval of data. We have implemented policies and procedures to safeguard the secure storage and processing of data intra-group, has verified the security arrangements of its outsourced data processors and has implemented contractual arrangements intra-group and with its outsourced data processors in accordance with Privacy Act 1988 . You give consent to the transfer of personal data on these terms and for the purposes described above.

Correction and Access

We will endeavour to take all reasonable steps to keep accurate and up to date any information which we hold about you. If, at any time, you discover that information held about you is incorrect, you contact us to have the information corrected.

You can also gain access to the personal information we hold about you, subject to certain exceptions provided for by law. To request access to your personal information, please contact us.

Cookies

Cookies are data that a website transfers to an individual’s hard drive for record-keeping purposes. Cookies, which are industry standard and are used by most websites, including our websites, can facilitate a user’s ongoing access to and use of a site.

All pages on our websites are coded with measurement software which is transparent to the user. The software makes use of an invisible image at the bottom of the web page. This software stores a “cookie” in the browser, which contains a unique string. This information is collected and aggregated, and in no way does this unique identifier identify a user personally.

Cookies allow us to:

count the number of unique browsers to the web site;

customise the web site to your needs; and

to serve targeted advertising.

Links to Other Sites

We provide links to websites outside of our websites, as well as to third party websites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our websites. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that website and its privacy statement.

INTELLECTUAL PROPERTY

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type arising at law, including rights in and to all applications and registrations relating to this web site (including, but not limited to, all data contained on this web site relating to you (“Data”), information, text, look and feel, material, graphics, product descriptions and specifications) (the “Intellectual Property Rights”) shall, as between you and Event ATMs , at all times be and remain the sole and exclusive property of Event ATMs .

The EVENT ATMs trademark and logo are registered and/or used by Event ATMS. All other trademarks, service marks and trade names referenced in this material are the property of their respective owners.

Without the prior written permission of the respective trademark owners, you agree not to display or use in any manner, trademarks or logos contained in this site.

You acquire no rights or licences in or to the Intellectual Property Rights, this web site and materials contained within this web site other than the limited right to use this web site in accordance with the Terms of Use.

DISCLAIMER

Event ATMs has made and will continue to make great efforts to include accurate and up-to-date Content on this web site. However, Event ATMs makes no warranties or representations, express or implied, as to the accuracy or completeness of the Content contained or referenced therein and all Content provided on this web site is provided to you “as is”. Any warranties regarding the Content or other services provided, which may be implied by law, statute or otherwise are excluded to the fullest extent permitted by law.

Event ATMs does not warrant that this web site is compatible with your equipment or that this web site is free of errors or viruses, worms or “Trojan horses” and is not liable for any damage you may suffer as a result of such destructive features.

You agree that Event ATMs , its suppliers and its third-party agents shall have no responsibility or liability for:

1. any injury or damages, whether caused by the negligence of Event ATMs , its employees, subcontractors, agents, Suppliers or otherwise arising in connection with this web site and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Event ATMs by any other party;

2. or any fault, inaccuracy, omission, delay or any other failure in this web site caused by your computer equipment.

LIMITATION OF LIABILITY

Subject to the qualifications in section 64 of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Act), Event ATMs ‘s liability for any breach of a condition or warranty implied in Schedule 2 Part 2-3 Division 1 of the Act (other than a condition or warranty implied by section 51 – 53 inclusive of Schedule 2 of the Act) shall be limited to one of the following (as Event ATMs may determine):

1. in the case of services supplying of the services again; or paying the cost of having the services supplied again;

2. in the case of goods the replacement of the goods or the supply of equivalent goods; the repair of such goods or the payment of the cost of having the goods repaired; or the payment of replacing the goods or acquiring equivalent goods.

You agree that you use this web site at your sole risk. You agree that any Content downloaded by you is done so entirely at your own risk and you shall be solely responsible for the consequences of downloading any such Content.

Under no circumstances, including but not limited to negligence, shall Event ATMs , its suppliers and its third-party agents be liable to you for indirect, incidental, consequential, special, punitive or exemplary damages even if an Event ATMs authorised representative has been advised specifically of the possibility of such damages, arising from use of or inability to use the service or any links or items on the service or any provision of the Terms of Use, such as, but not limited to, loss of revenue or anticipated profits or lost business.

Under no circumstances shall Event ATMs , its suppliers and its third-party agents be liable to you for any damage, cost, loss or expense incurred by you arising out of or in connection with any revisions to the Data executed by you.

Under no circumstances shall Event ATMs be liable to you for any amount (if any) in excess of any fee payable by you for the right to use this web site.

INDEMNIFICATION

You agree, at your own expense, to indemnify, defend and hold harmless Event ATMs and its employees, representatives, suppliers and agents, in Australia and overseas against any claim, suit, action or other proceeding brought against Event ATMs , its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Event ATMs , its employees, representatives, suppliers and agents is based on or arises in connection with this web site, or any links on this web site, including, but not limited to:

1. your use or someone using your computer’s use of this web site;

2. your use or someone using your account, where applicable;

3. a breach of the Terms of Use by you or anyone using your computer (or account, where applicable);

4. a claim that any use of this web site by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party;

5. any revisions, deletions, additions, insertions or alterations to, or any unauthorised use of, this web site or the Content (including the Data) by you or someone using your computer (or account, where applicable); or

6. any misrepresentation or breach of representation or warranty made by you contained herein.

RESTRICTIONS ON USE

You acknowledge and agree that you shall not:

1. use this web site for any illegal purpose or in any manner inconsistent with the Terms for Use;

2. copy, reproduce, recompile, decompile, disassemble, reverse engineer, frame, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit this web site, except as permitted by the Terms for Use or by applicable law;

3. interfere or disrupt networks connected to this web site;

4. use, transfer, distribute or dispose of information contained in this web site in any manner that would compete with the business of Event ATMs ;

5. post any information from this web site to a newsgroup, chat room or discussion board; or

6. use the web site or information in a manner that breaches any applicable privacy legislation or Event ATMs ‘s Privacy Statement,

without the prior written consent of Event ATMs . Requests for permission to reproduce any information contained on this web site should be addressed to:

The Privacy Officer

Event ATMs

PO Box 5566

Stafford Heights Qld 4053

GOVERNING LAW

The Terms for Use shall be governed and construed in accordance with the laws of Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

MISCELLANEOUS

You accept that Event ATMs has the right to change the Content or technical specifications of any aspect of this web site at any time at Event ATMs ‘s sole discretion. You further accept that such changes may result in your being unable to access this web site. If any provision of the Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force. At the request of Event ATMs , you will execute and deliver to Event ATMs any documents necessary to effect this agreement.

The goods and services detailed in this website are available to persons carrying on business in Australia only, unless otherwise expressly agreed by Event ATMs .

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