Terms & Conditions

 These Orgnyse Community Platform Services Terms of Use  outline Orgnyse's and Users obligations and responsibilities on the Orgnyse Platform.

Orgnyse operates an online platform allowing Users to organise their administrative and operational activities for their members through a central on-line platform that enables Users to   access the Orgnyse Services and the Service Deliverables. By registering an account on the Orgnyse Platform a User is entering into an Agreement with Orgnyse as set out in these Terms of Use which shall govern a User’s use of the Orgnyse Platform and transactions that may take place through that. There are a number of membership options available to Users depending on the functions and features a User wishes to acquire including Subscription Fees payable (if any) to access and use certain Orgnyse Services. Full details are available online at: online at: <<<<<http://xxxxxxxxx>>  

Please read these terms and all Policies including any Orgnyse User guidelines and Acceptable Use Policy available online at: <<<<<http://xxxxxxxxx>> carefully before using the Orgnyse Platform. These Policies are incorporated into this Agreement by reference.

All defined terms in this Agreement have the meaning given to them in the Orgnyse Glossary as further detailed in clause 19 below. A copy of these Terms of Use is also available at: <<<www.orgnyse.com.au >>

1.1.  The Orgnyse Platform is a self-service  on-line platform through which Users can access the Services to electronically manage their organisational and administrative requirements including but not limited to: enabling the conduct of Events, management of class fees and subscription collections and email and marketing member requirements and lists as further detailed at https://organyse.com.au .

1.2.  Orgnyse provides the Orgnyse Platform to enable Users to access the and use the Services, raise Event Requests and facilitate payments;

1.3.  Users can through the Orgnyse Platform choose which menu of Service options it wishes to acquire through the choice of subscription packages available through the on-line Orgnyse Platform dashboard. In subscribing or registering to access and use the Orgnyse Platform a User is agreeing to these Terms of Use.

1.4.  The Orgnyse Platform also provides access to a range of Events arranged by User Event Providers through which User Event Providers can create and market Events and through which other Users can acquire tickets and make payment of Fees through the Users nominated third party Payment Provider. In such a case the User organising the Event will be the User Event Provider. Access to and terms relating to Events acquired through the Orgnyse Platform shall be subject to the separate terms and conditions made available by the User Event Provider and the User when marketing the Event.

1.5. Users may use the Orgnyse Platform and any software that form part of the Orgnyse Platform solely to use and enjoy the Orgnyse Services, and as permitted by this Agreement and the Acceptable Use Policy. User may not incorporate any portion of the Orgnyse Platform software into their own programs or compile any portion of it in combination with their own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Orgnyse Platform software or otherwise assign any rights to the Orgnyse Platform software in whole or in part. Users may not use the Orgnyse Platform software for any illegal purpose. User rights to use the Orgnyse Platform software may be terminated without notice by Orgnyse if User fails to comply with any of the terms in the Agreement or the Acceptable Use Policy as regards User’s use of the Orgnyse Platform (including software that form part of the Orgnyse Platform). In addition to any other rights of termination under this Agreement, Orgnyse may cease providing any Orgnyse Platform and Services and may terminate User’s right to use any Orgnyse Platform software at any time. 

2.1.   If a nominated User posts an Event Request on the Orgnyse Platform and other Users accepts any such Event Request then a contract is created between the User posting the Event Request and the User who accepts such Event Request for the specified Deliverables. Such a contract will be subject to the terms and conditions set out in the Event Request by the User posting the applicable Event Request).

2.2.  Once the contract has been formed as described in clause 2.1 above the User will pay the Event Fee through the Payment Provider chosen by the User set out in the Event Request through the Orgnyse Platform.

2.3.  The User posting the Event Request reserves the right to cancel an Event , however in such a case that User will be responsible for refunding any Event Fees paid by any User of the Orgnyse Platform for the Event so cancelled.

3.1.  Orgnyse provides the Orgnyse Platform, enabling Users to access the Orgnyse Services and for Users to post Event Requests through the Orgnyse Platform. In addition Orgnyse facilitates the ordering, processing and managing of Services and Event Requests through the Orgnyse Platform.

3.2.  Orgnyse only permits individuals over 18 years of age to become Users and Users must be natural persons but can specify within their account description that they represent a business or other organisational entity.

3.3.  At its absolute discretion, Orgnyse may refuse to allow any person or organisation to register or create an account with Orgnyse or cancel or suspend or modify any existing account including if Orgnyse reasonably forms the view that a User’s conduct is detrimental to the operation of the Orgnyse Platform (including a breach of this Agreement or the AUP by the User).

3.4. Registering and creating an account with Orgnyse on the Orgnyse Platform for use of the Orgnyse Service is by way of a Subscription. There is no additional charge for a User to raise an Event Request, however Orgnyse will be paid a commission by the User Event Provider in respect of each Event booked and paid for through the Orgnyse Platform. Event Fees are set by the applicable User posting the Event Request. User’s will only have access to the Orgnyse Platform for the purposes of receiving the Services which may include the posting, reviewing and accepting Event Requests and delivering their Event tickets through the Orgnyse Platform to other Users.

3.5.   Orgnyse accepts no liability for any aspect of the User interactions in relation to an Event, including but not limited to the description, performance or delivery of Events which will be governed by the terms set out in the applicable Event Request by applicable User posting the Event Request and their applicable privacy policies. In the event the User has an issue with the performance or delivery or organisation of an Event (or any other dissatisfaction relating to it) then the User should address this directly with the applicable User posting the Event Request. Orgnyse shall have no liability to Users for all actual or alleged claims, demands, causes of action and fraud whether brought by an individual or as a group that arises out of or incident to any acts, omissions, negligence or wilful misconduct in relation to an Event or attendance at an Event for which tickets have been acquired through the Orgnyse Platform.

3.6.  Any rights of refund of Event Fees paid under an Event Request shall be determined and facilitated by the User posting the Event Request and the applicable Payment Provider under their applicable terms and conditions.

3.7.   Orgnyse has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of User posting the Event Request  to deliver the Event, or the honesty or accuracy of any information provided by User in the Event Request.

3.8. Except for liability, that cannot be excluded by law the Orgnyse Service are provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, Orgnyse specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

 4.1.  Users will at all times:

1. comply with this Agreement (including all applicable Policies including the  Orgnyse AUP) and all applicable laws and regulations;
2. only submit accurate information on the Orgnyse Platform;
3. ensure that they are aware of any laws that apply to them as a User, or in relation to using the Orgnyse Platform.

4.2.  User agrees that any content (whether provided by Orgnyse, a User or a third party) on the Orgnyse Platform may not be used on third party sites or for other business purposes without Orgnyse's or the applicable User posting the Event Request or third Party Payment Provider’s (as the case may be) prior permission.

4.3.  Users must not use the Orgnyse Platform for any illegal or immoral purpose and Users are responsible for maintaining control of and access to their Orgnyse account at all times.

4.4.  User grants Orgnyse an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information submitted on the Orgnyse Platform for the purpose of publishing material on the Orgnyse Platform and as otherwise may be required to provide the Orgnyse Services (including the sharing of any content and information with Event Providers, or for the general promotion of the Orgnyse Service), and as permitted by this Agreement and applicable Privacy Laws.

4.5.  User acknowledges and confirms that Orgnyse shall retain all Intellectual Property Rights associated with the Orgnyse Platform and the  Orgnyse Services other than the Intellectual Property Rights in the content or information provided by Users.

4.6. User agrees that any information submitted on the Orgnyse Platform must not, in any way whatsoever, be potentially or actually harmful to Orgnyse or any other User or person. 

4.7.  User must ensure that no Harmful Code or similar programming effects are coded or introduced into the Orgnyse Platform or  systems as a direct result of the provision of the Orgnyse Services and User shall not copy, in whole or in part, the software forming part of the Orgnyse Platform or associated documentation, or modify, disassemble, decompress, reverse compile, reverse assemble, reverse engineer, or translate any portion of such software.

4.8.  User provides its consent to the sharing of information submitted by User onto the Orgnyse Platform solely for the purpose of providing the Orgnyse Services which may include facilitating a User’s attendance at an Event. Orgnyse shall have no responsibility or liability to a User as a consequence of any data breach or disclosure of Users information submitted by Orgnyse through the Orgnyse Platform to any other applicable User Event or Payment Provider in compliance with these Agreement Terms of Use for the purposes of enabling the User to receive the benefit of the Orgnyse Services.

 4.9.  Without limiting any provision of this Agreement, any information User supplies to Orgnyse in accessing and using the Services must be up to date and kept up to date and must not:

1. be false, inaccurate or misleading or deceptive;
2. be fraudulent;
3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or Intellectual Property Rights, rights of publicity, confidentiality or privacy;
4. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
5. be defamatory, libellous, threatening or harassing or be obscene or contain any material that, in Orgnyse's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
6. contain any Harmful Code that intentionally or unintentionally causes harm or subverts the intended function of any Orgnyse Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.

  4.10.  If Orgnyse determines at its sole discretion that User has breached any obligation under this clause 4 in the access and use of the       Services, it reserves the rights to remove any content, User has submitted to the Orgnyse Platform or cancel or suspend Users account       and/or any Event Requests without liability.

5.1.  Upon User registration to the Orgnyse Platform and on an anniversary date thereafter the User shall pay the Subscription Fee for the category of Services acquired.

5.2.  The Service Fee or the Subscription Fee will be paid by the Users to Orgnyse through the selected Payment Provider or any other form agreed in writing between the parties.

5.3.  If the Event Request requires Orgnyse or a User to incur additional costs in completing the Services, such additional costs shall be subject to agreement prior to them being incurred and will be added to any calculation of the applicable Service Fees.

5.4.  All Service and Subscription Fees and charges payable to Orgnyse are exclusive of GST and non-cancellable and non-refundable once paid, save for User’s rights for in respect of the cancellation policies of an Event under as described in clause 3.6 above.

5.5.  Orgnyse may set-off any Service or Subscription Fees owed by a User against any  other amounts held by Orgnyse on behalf of a User (if any).

5.6.  Orgnyse may restrict a User's account until all Service or Subscription Fees due in accordance with this Agreement have been paid by the User.

6.1.  Orgnyse uses one or more Payment Providers to operate Services and Subscription Fee payments under this Agreement and for payments under Event Requests. Payment of Service and Subscription Fees will be through the one or more of the Orgnyse nominated Payment Providers available to the User through the Orgnyse Platform.

6.2.  In so far as it is relevant to the provision of the payments through the Payment Provider, the terms of the applicable Payment Provider are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the payment of Service or Subscription Fees under this Agreement through the Payment Provider.

6.3.  If Orgnyse changes or adds to its list of Payment Providers then the User may be asked to agree to any further additional terms with those providers. If User does not agree or wish to use them, User will be given alternative means of payment.

7.1.   If a User nominates for payment of Service or Subscription Fees this shall be subject to the User having sufficient standing with the Payment Provider to cover the applicable amount. Otherwise payment will be in a form agreed between the User and the Payment Provider. Any dispute or query regarding payments or transactions for an Event shall be the responsibility of the Payment Provider and the applicable User to resolve. Orgnyse shall have no responsibility and no liability in respect of any dispute or query arising from interactions between the User and the Payment Provider and payments made or to be made for an Event.

8.1.  Orgnyse may offer additional value added services to Users as set out in the Orgnyse price book or otherwise in a quotation to a User(s) (“Additional Services”). Any such Additional Services may be provided by Orgnyse through a third party under the applicable third party’s  terms and conditions. To the extent such Additional Services are provided using such other  third party the User consents to Orgnyse making available to the applicable third party any such information (including Personal Information) reasonable and necessary for Orgnyse to provide such Services to the User acquiring such Additional Services. Orgnyse must ensure its third party subcontractors comply with Orgnyse’s obligations under this Agreement and Orgnyse shall be liable for the acts and omissions of its third party subcontractors as if they were its own.

8.2.  Notwithstanding clause 8.1 above, Orgnyse may from time to time include Third Party Services on the Orgnyse Platform. These Third Party Services are not provided by Orgnyse.

8.3.  Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the Orgnyse Platform as a convenience to Users who may find the Third-Party Services of interest or of use.

8.4. If a User engages with any Third-Party Service provider, the agreement will be directly between the User and that Third Party Service provider.

8.5. Orgnyse makes no representation or warranty as to the Third-Party Services. However, to help Orgnyse to continue to improve the Orgnyse Platform and Orgnyse Services, Users may should they wish inform Orgnyse of their Third Party Service experience.

If so required by User, User will be responsible for obtaining insurance through the Users nominated insurance company and at its own cost.

10.1.  Users may provide feedback on the Orgnyse Platform using any 'Report' function on the Orgnyse Platform. This can be used to: i) raise a complaint, or ii) provide a compliment on the Services, or iii) to suggest feature enhancements to the Services or the offerings available through the Orgnyse Platform.

10.2.  Orgnyse is entitled to suspend or terminate User’s account at any time if Orgnyse, in its sole and absolute discretion, is concerned by any feedback from User which is inaccurate or untrue or considers a User feedback rating to be problematic for other Orgnyse Users.

11.1.  To the fullest extent permitted by law and subject to requirements of the Australian consumer law under schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), Orgnyse will not be responsible for: (i) losses arising from the unavailability of, or User’s inability to use any Orgnyse Services), (ii) losses that are not directly caused by any breach on Orgnyse’s part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; (v) any delay or failure to comply with Orgnyse’s obligations under these conditions if the delay or failure arises from any cause which is beyond Orgnyse’s reasonable control. For any other loss relating to an Orgnyse Services, Orgnyse’s liability is limited to the amount the applicable User paid to Orgnyse for the relevant Orgnyse Service or Subscription Fee for the applicable Service.

11.2.  Nothing in these conditions is intended to (i) override any express commitments Orgnyse gives to User for particular Orgnyse Services,  or (ii) exclude, restrict or modify any right or remedy User may have in statute including under Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under such law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non excludable right or remedy.

12.1.   Neither party will, without the prior written consent of the other party disclose or use (except as expressly permitted by, or required to achieve the purposes of, the Agreement) the Confidential Information received from the other party. Each party will use reasonable efforts to protect the other party’s Confidential Information and will use at least the same efforts to protect such Confidential Information, as the party would use to protect its own Confidential Information. A party may disclose Confidential Information if required to do so by a governmental agency, by operation of law, or if necessary in any proceeding to establish rights or obligations under the Agreement. Subject to clause 4.6 each party agrees to limit disclosure and access to Confidential Information to those of its employees, contractors, attorneys or other representatives who reasonably require such access in order to accomplish the purposes of this Agreement and who are subject to confidentiality obligations at least as restrictive as those contained herein. This clause does not prohibit either party from responding to lawful requests from law enforcement authorities.

12.2.  Subject to clause 12.1 above, each party shall at all times comply with its obligations under all laws relating to the protection of Personal Information applicable in Australia. Orgnyse will provide their Service pursuant to their own Privacy Policy and in compliance with applicable Privacy Laws. Payment Providers will provide their Service pursuant to their own Privacy Policy. Prior to acceptance of any Event Request or a User agreeing to payment terms with a Payment Provider, User must review and agree to their terms of service including their privacy policy. 

12.3.  As part of providing the Services through the Orgnyse Platform and to facilitate the payment of Service and Subscription Fees Orgnyse may collect certain information from Users some of which may include personally identifiable information such as name, organisations name, physical address, email address and phone number  which may be required for Event or transaction related activities. With respect to Orgnyse’s respective use of Personal Information, Orgnyse agrees to: 

1.    Maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Personal Information in accordance with industry standards;
2. Take all commercially reasonable and appropriate legal, organizational, and technical measures to protect Personal Information against (a) accidental or unlawful destruction (b) accidental loss, alteration or processing, and (c) unauthorised disclosure or access;
3. Comply with all applicable general privacy and data security laws; 
4. Use Personal Information solely as permitted under this Agreement and for such other purposes solely as permitted;
5. Not disclose any Personal Information except as compelled by law or as expressly permitted in writing by the subject individual who the Personal Information relates to;
6. Provide legally adequate privacy notices and obtain all necessary consents in accordance with applicable general privacy and data security laws; and
7. Execute data protection agreement(s), to ensure compliance with applicable general privacy and data security laws.

12.4. Information Security. Each party shall take all appropriate legal, organisational and technical measures to protect against unlawful and unauthorized processing of Confidential Information. Each party shall maintain reasonable operating standards and security procedures and shall secure Confidential Information through the use of appropriate physical and logical security measures. In the event that a party learns of a breach of its security measures or gained unauthorised access to the other party’s Confidential Information that party shall promptly notify the other party.

12.5.  Orgnyse will endeavour to permit User to transact anonymously on the Orgnyse Platform. However in order to ensure Orgnyse can reduce the incidence of fraud and other behaviour in breach of the Orgnyse guidelines, Orgnyse reserves the right to ask Users to verify themselves in order to remain a User.

13.1.  Orgnyse may modify this Agreement or the related Policies or guidelines (and update the Orgnyse pages on which they are displayed) from time to time. Orgnyse will send notification of such modifications to Users Orgnyse account or advise Users the next time they login.

13.2.  When Users actively agree to amended terms (for example, by clicking a button saying "I accept") or use the Orgnyse Platform in any manner, including engaging in any acts in connection with use and receipt of the Services, the amended terms will be effective immediately and apply from the date updated in the Orgnyse Platform. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to User.

13.3.  If User does not agree with any changes to this Agreement (or any of Orgnyse’s Policies or guidelines such as the AUP), User must either terminate their account or notify Orgnyse who will terminate their Orgnyse account on their behalf and stop using the Orgnyse Service and the Orgnyse Platform.

No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular User has no authority to bind Orgnyse, its related entities or affiliates in any way whatsoever. Orgnyse confirms that all Services that may be promoted on the Orgnyse Platform are provided solely by such applicable and identified Event Providers. To the extent permitted by law, Orgnyse specifically disclaims all liability for any loss or damage incurred by User in any manner due to the performance or non-performance of such Event Provider.

All notices under the Agreement must be in writing and sent to the registered business address of such party, unless a party designates in writing a different address. The parties consent to the use of electronic means and facsimile transmissions for communications and notices as a signed writing.

16.1.  Each party will allow the other reasonable opportunity to comply before it claims that the other (including the Event Provider) has not met its obligations under its contract with the User. Orgnyse encourages Users to try and resolve disputes (including claims for returns or refunds in relation to Events) with the User posting the Event Request or Payment Provider directly. Accordingly, User acknowledges and agrees that Orgnyse may, in its absolute discretion, provide Users information as it decides is suitable to other parties involved in the dispute. If Orgnyse provides information for the purposes of resolving disputes under this clause, User acknowledges and agrees that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that User will be responsible and liable to Orgnyse for any costs, losses or liabilities incurred by Orgnyse in relation to any claims relating to any other use of information not permitted by this Agreement.

16.2.  Any dispute arising out of or in connection with this this Agreement or an Event Request, including any question regarding its existence, validity or termination (each, a “Dispute”), shall be resolved exclusively in accordance with the provisions of this clause 16.2. Any Dispute shall first be referred in writing to senior executives of each party for resolution ("Dispute Notice"). Any Dispute which is not resolved in writing within fifteen days after the delivery of a Dispute Notice shall be referred to mediation and the parties shall seek to resolve any dispute by mediation in accordance with the “Guidelines for Commercial Mediation” published by The Australian Commercial Disputes Centre, or such other terms as the parties may mutually agree. The seat of mediation shall be in Sydney. The cost of such mediation shall be borne equally by the parties and each party to the mediation shall bear its own fees including any legal fees. By agreeing to mediation, the parties do not intend to deprive any court of its jurisdiction to issue a pre-mediation injunction, or other order in aid of legal proceedings.

16.3.  Orgnyse has the right to hold any Service Fee  that is the subject of a dispute, until the dispute has been resolved.

17.1.  Either User or Orgnyse may terminate a User’s account and this Agreement at any time for any reason.

17.2.  Termination of this Agreement does not affect any Event Request that has been accepted prior to the date of termination or provide any right for refund for Fees paid.

17.3.  Clauses 5 (Service Fees), 11 (Limitation of Liability) and 16 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

17.4.   If a User account or this Agreement are terminated for any reason then User may not without Orgnyse's consent (in its absolute discretion) create any further accounts with Orgnyse and Orgnyse may at its discretion terminate any other accounts the applicable User operates.

18.1.  This Agreement and all the rights and obligations of the parties hereunder are governed by and shall be construed in accordance with the laws of New South Wales and the New South Wales courts without regard to any conflicts of law rules thereof. 

18.2.  Neither party will be liable to the other for any failure to fulfil obligations caused by circumstances outside its reasonable control.

18.3.  The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

18.4.  This Agreement may be assigned or novated by Orgnyse to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.

18.5.  This Agreement sets out the entire understanding and agreement between the User and Orgnyse with respect to its subject matter.

“Acceptable Use Policy” or AUP” means the rules and guidelines for using an Orgnyse’s Platform resources, including networks, devices, and software as set out at https://orgnyse.com.au.<<<insert link>>>. It defines acceptable and prohibited behaviours, aiming to protect assets, ensure security, and maintain a productive work environment.

"Agreement" means the most updated version of these Orgnyse Community Platform Terms of Use between Orgnyse and a User.

"Business Day" means a day on which banks are open for general business in NSW, Australia, other than a Saturday, Sunday or public holiday.

“Confidential Information” ,means all non-public or proprietary information provided by the other party, its affiliates (including Event Providers or third party Payment Providers), all specifications or other documents prepared by a party in connection herewith and all other non-public information relating hereto, including any of the foregoing disclosed pursuant to using and access the Services on the Orgnyse Platform or an Event Request. Confidential Information does not include any information which was previously known or disclosed to a party without any confidentiality restriction, or is publicly available through no fault of that party.

Consequential Loss" means any loss, damage or expense recoverable at law:

• (a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
• (b) which is a loss of:
• a. opportunity or goodwill;
• b. profits, anticipated savings or business;
• c. data; or
• d. value of any equipment,

and any costs or expenses incurred in connection with the foregoing.

"Event” means an event or function that has been arranged by one or more User subscribers to the Orgnyse Platform details of which are set out in the Event Request.

"Event Request" means the details of a User's Event posted by the applicable User on the Orgnyse Platform enabling other Users to register and sign-up for such Event. An Event Request may include (but is not limited to) a description of the Events itself, the date for the Event, any price for entry to the Event and how a User may acquire tickets or permission to attend.

“Fee” means the fee to be paid (if any) by the User whether it be to register an account on the Orgnyse Platform and use the Orgnyse Services (“Service or Subscription Fee) or the price  for a User to book or attend an Event (“Event Fee”).

“Harmful Code” means any computer program or virus or other code that is harmful, destructive, disabling or which assists in or enables theft, alternation, denial of service, unauthorised access to, or disclosure, destruction or corruption of, information or data.

“Intellectual Property Rights” includes all intellectual property rights and industrial property rights throughout the world including rights in respect of or in connection with the Orgnyse Platform or the Orgnyse Services including: i) rights in any trade secrets or other Confidential Information ii) copyright (including future copyright and rights in the nature of or analogous to copyright); iii) right of integrity, rights of attribution and other rights of an analogous nature which may now exist or which may exist in the future (moral rights); iv) inventions (including patents); v) trade marks; vi) service marks; and vii) rights in designs.

"Orgnyse" means the Orgnyse Pty Ltd.

"Orgnyse Platform" means the on-line Orgnyse community platform accessed through the nominated Orgnyse website and any other affiliated platform that may be introduced from time to time.

"Orgnyse Service" or “Service(s)” means the service of the Orgnyse Platform from time to time with functions and features including organisational management, Event management, class management and associated  fee collection and contact list management for email and marketing together with any other services as set out on https://orgnyse.com.au.

"Payment Provider" means a third party entity appointed by Orgnyse that manages and operates the payment of Subscription and Service Fees including accepting payments from Users for Events.

"Personal Information" means information that identifies, relates to, describes or is linked or linkable, to an individual, and which is provided by or on behalf of the disclosing party to the other or which that party comes into possession of, or is created, generated or processed by the party as a result of or in connection with its delivery and performance of the Services as defined by applicable Privacy Laws.

"Policies" means the policies posted by Orgnyse on the Orgnyse Platform, including but not limited to the Orgnyse User guidelines and the Acceptable Use Policy.

“Privacy Laws” means all laws relating to the protection of Personal Information applicable in Australia.

“Service Deliverable(s) or Deliverables” means the defined deliverable of the Services provided by Orgnyse including under an Event.

" Service or Subscription Fee" means the fee payable for registration of a User account on the Orgnyse Platform for access to the Services and may include fees for attendance at an Event. Payment of Fees  by the User shall be through the authorised Payment Provider.

"User" or "You" means the person who has signed up to use the Orgnyse Platform and access and uses the Services on and through the Orgnyse Platform. A User may or may not be a subscriber to the Orgnyse Platform but the level of subscription will determine the functions and features that may be available to the User through the Orgnyse Platform.

In the Orgnyse Agreement and all Policies, except where the context otherwise requires:

1.   the singular includes the plural and vice versa, and a gender includes other genders;
2.  another grammatical form of a defined word or expression has a corresponding meaning;
3. a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
4. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
5. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
6. the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
7.  headings are for ease of reference only and do not affect interpretation;
8. any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
9. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
   

General

This Acceptable Use Policy (AUP) forms part of the rights granted by Orgnyse Pty Ltd ABN 78 639 743 883   (Orgnyse, we, us or our) to you for the use of any services provided by us through our Orgnyse platform (Platform) (together, Services). This AUP applies to all users of the Services.

Purpose

The primary purpose of this AUP is to ensure the intended, efficient, lawful, and ethical use of the Services, Platform and the hosting infrastructure for the benefit of all our users. It sets out the things that you can and cannot do in connection with the Services and applies in addition to any terms and conditions you accepted in connection with the Services (Applicable Terms).

Your responsibilities

You must only use the Services in good faith and for their intended purpose.

You must use the Services in compliance with applicable laws in any jurisdiction where Services are being offered or received, including as to the treatment of personal information.

You must comply with any third party’s intellectual property rights, including copyright (including moral rights), trade mark, design, patent, trade or other proprietary rights, or any rights of registration of such rights.

You must use the Services in a manner that does not interfere with or harm other users of the Services or the Platform.

You must comply with any instruction from us to delete, remove or modify your use of the Services that:

• in our opinion, contravenes this AUP or the Applicable Terms;
• is required by law; or
• is directed by a third party relying, or purporting to rely, on a legal right; and
• comply with any request from us to assist in preventing any breach of this AUP, or in respect of any legal action that is taken in respect of the Services, our content or our website located at www.orgnyse.com.au (Website).

You must not use the Services if you or any intended recipients are, or are employed or engaged by, a direct competitor of Orgnyse or operate products or services which are in direct competition with Orgnyse.

You must not use the Services in any way intended to avoid incurring any fees or charges payable for the Services.

You must not copy, alter, modify, create derivative works from, reproduce, resell, sub-licence, reverse assemble, reverse engineer or reverse compile the Services or the Platform, other than in the ordinary course of using the Services.

You must not view, analyse or deconstruct the Services or the Platform for any purpose of, or associated with:

• replicating the Services or the Platform or any part of them; or
• developing an alternative solution to the solution offered by the Services or the Platform;

You must not create internet links to or from the Services or frame, mirror or place any pop-up windows on any content constituting part of the Services, other than in the ordinary course of the Services without our prior written consent.

You must not engage in any conduct that is illegal in connection with the Services.

You must not load or send any information in connection with the Services that, in our opinion:

• threatens the integrity and security of the Platform, the hosting infrastructure, the internet, or other users of the Platform and their systems;
• contains any virus, trojan horse, worm or other programs that have, or may have, an adverse effect on the Services, the Platform, the hosting infrastructure or the internet;
• transmits information that infringes the rights of others or is abusive, harmful, threatening, sexually explicit, indecent, unlawfully discriminatory, defamatory, libellous, harassing, offensive or otherwise objectionable;
• contains any information that breaches any applicable laws, codes of conduct or industry standards;
• is false, misleading or deceptive or is likely to mislead or deceive;
• breaches any third party's intellectual property rights;

You must not engage in any act which we believe, in our opinion:

• is intended or reasonably likely to damage, impair, interrupt, disable, overburden or otherwise interfere with the ordinary integrity, function, operation or delivery of the Services, the Platform or the hosting infrastructure;
• breaches the provisions of any applicable laws preventing spam or unsolicited emails;
• provides misleading or fraudulent information as to the origin of, or identity of the person sending, information through the Services;
• disclose information that is confidential to any third party without their consent in connection with the Services; or
• aid, abet, counsel, procure or permit any third party to do any of the above.

If you do not comply with this AUP

If you use the Services and/or Platform in a manner that does not comply with this AUP, we may in our discretion ask you to modify your behaviour. We may also take any action that we deem, in our discretion, necessary to prevent or remedy that non-compliance, including immediately and without notice:

• intercepting, removing or altering any content stored in the Platform or in our infrastructure;
• limiting or blocking access to your ability to use the Services; and/or
• terminating your receipt of the Services.

If you breach this AUP, you may also be in breach of any Applicable Terms and we may, in addition to our rights under this AUP, exercise any right or remedy set out in such Applicable Terms.

Amendments to this AUP

This AUP may be changed by us in our discretion from time to time. You acknowledge and agree that we are not required to give you notice of any changes to this AUP. Any changed version of this AUP applies from the date that it is posted to our Website.

Applicable Terms

This AUP is intended to be read in conjunction with the Applicable Terms, as amended from time to time. If there is any inconsistency between this AUP and any Applicable Terms, those Applicable Terms will prevail to the extent of the inconsistency.