Terms and conditions

1. About the Website

  1. 1.1
    Welcome to www.fomoevents.com (the 'Website'). The Website Ticketing & Registration Platform (the 'Services').
  2. 1.2
    The Website is operated by FOMO Search PTY. LTD. (ACN 617 205 795). Access to and use of the Website, or any of its associated Products or Services, is provided by FOMO Search. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  3. 1.3
    FOMO Search reserves the right to review and change any of the Terms by updating this page at its sole discretion. When FOMO Search updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the
  4. 1.4
    Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

  1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by FOMO Search in the user interface.

3. Registration to use the Services

  1. 3.1
    Welcome to www.fomoevents.com (the 'Website'). The Website Ticketing & Registration Platform (the 'Services').
  2. 3.2
    Welcome to www.fomoevents.com (the 'Website'). The Website Ticketing & Registration Platform (the 'Services').
  3. a)
    an email address
  4. b)
    a telephone number
  5. 3.3
    You warrant that any information you give to FOMO Search in the course of completing the registration process will always be accurate, correct and up to date.
  6. 3.4
    Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
  7. 3.5
    You may not use the Services and may not accept the Terms if:
  8. a)
    you are not of legal age to form a binding contract with FOMO Search; or
  9. b)
    you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. About the Website

  1. 4.1
    FOMO is not the organiser or owner of events. FOMO provides a service that allows organisers to collect payments through a third party service from Attendees, then passing the payments back to the Organisers.
  2. 4.2
    It is the Organiser’s sole obligation to ensure that any event page posting on the service and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.
  3. 4.3
    It is up to the Organiser to make sure that all details are correct and true and that any changes that are made to an event are updated on the events page, whilst notifying all Attendees of changes.
  4. 4.4
    You may upload your own terms and conditions to apply to your events and activities. These will appear to customers during booking and will be printed on ticket confirmation. You are solely responsible for any terms and conditions attached or imposed by you.
  5. 4.5
    FOMO will not allow any events that our dangerous, inspire hate and physical harm in any way. Events cannot be used to facilitate illegal activity.
  6. 4.6
    Artwork or content that has been created by the Organiser or has the authority to use can only be used on our service.
  7. 4.7
    FOMO will not allow any content that is deemed explicit or pornographic in nature.

5. Payment

  1. 5.1
    FOMO’s service is free to use and events are free to create. FOMO charges a service fee on all tickets purchased. This can be charged to the Attendees as a “booking fee” or absorbed into the ticket price.
  2. 5.2
    Attendees will need to supply a valid mobile phone number to verify before buying tickets, and can receive SMS messages.
  3. 5.3
    By purchasing a mobile ticket, Attendees agree to receive messages, reminders, or notifications, via SMS or email, that are related to the specific event for which you have registered. They agree that messaging and data rates may apply when sending or receiving messages, and when viewing, downloading, or transmitting mobile tickets, and they accept sole responsibility for these costs.
  4. 5.4
    As an agent, FOMO will hold all fees until 5 business days after the event has completed and FOMO is satisfied that the event has taken place successfully.
  5. 5.5
    Payment will be paid into the Organisers nominated account.

6. Refund Policy

  1. 6.1
    The Organiser is solely responsible for all refund request and obligations. It is up to the Organisers discretion if refunds are allowed, if they are not however this has to be clearly marked on the event page and event terms and conditions.
  2. 6.2
    In order to initiate a refund request, an Attendee should contact an Organiser directly as set forth in the applicable refund policy.
  3. 6.3
    If a refund is required the Organiser should contact FOMO to initiate a refund to the appropriate Attendee.

7. Cancellations

  1. 7.1
    The Organiser must use reasonable endeavours to promptly notify customers of a variation, postponement or cancellation and always before the date of the event. We will assist you by providing relevant contact information however it is your responsibility to contact the customer.
  2. 7.2
    The Organiser is solely responsible for any refunds and must not make any representations to customers or to any third parties about us or our fees in connection with refunds.

8. Copyright and Intellectual Property

  1. 8.1
    The Website, the Services and all of the related products of FOMO Search are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by FOMO Search or its contributors.
  2. 8.2
    All trademarks, service marks and trade names are owned, registered and/or licensed by FOMO Search, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
  3. a)
    use the Website pursuant to the Terms;
  4. b)
    copy and store the Website and the material contained in the Website in your device's cache memory; and
  5. c)
    print pages from the Website for your own personal and non-commercial use.
  6. FOMO Search does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by FOMO Search.
  7. 8.3
    FOMO Search retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
  8. a)
    business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  9. b)
    a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  10. c)
    a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
  11. 8.4
    You may not, without the prior written permission of FOMO Search and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

9. Privacy

  1. 9.1
    FOMO Search takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to FOMO Search's Privacy Policy, which is available on the Website.

10. General Disclaimer

  1. 10.1
    Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  2. 10.2
    Subject to this clause, and to the extent permitted by law:
  3. a)
    all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  4. b)
    business name, trading name, domain name, trade mark, industrial desFOMO Search will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. ign, patent, registered design or copyright, or
  5. 10.3
    Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of FOMO Search make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of FOMO Search) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  6. a)
    failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  7. b)
    the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
  8. c)
    costs incurred as a result of you using the Website, the Services or any of the products of FOMO Search; and
  9. d)
    the Services or operation in respect to links which are provided for your convenience.

11. Limitation of liability

  1. 11.1
    FOMO Search's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
  2. 11.2
    You expressly understand and agree that FOMO Search, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

12. Termination of Contract

  1. 12.1
    The Terms will continue to apply until terminated by either you or by FOMO Search as set out below
  2. 12.2
    If you want to terminate the Terms, you may do so by:
  3. a)
    providing FOMO Search with 1 days' notice of your intention to terminate; and
  4. b)
    closing your accounts for all of the services which you use, where FOMO Search has made this option available to you.
  5. Your notice should be sent, in writing, to FOMO Search via the 'Contact Us' link on our homepage.
  6. 12.3
    FOMO Search may at any time, terminate the Terms with you if:
  7. a)
    you have breached any provision of the Terms or intend to breach any provision;
  8. b)
    FOMO Search is required to do so by law;
  9. c)
    the provision of the Services to you by FOMO Search is, in the opinion of FOMO Search, no longer commercially viable.
  10. 12.4
    Subject to local applicable laws, FOMO Search reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts FOMO Search's name or reputation or violates the rights of those of another party

13. Indemnity

  1. 13.1
    You agree to indemnify FOMO Search, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  2. a)
    all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  3. b)
    any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  4. c)
    any breach of the Terms.

14. Dispute Resolution

  1. 14.1
    If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  2. 14.2
    A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  3. 14.3
    On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
  4. a)
    Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  5. b)
    If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Dispute Settlement Centre of Victoria or his or her nominee;
  6. c)
    The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  7. d)
    The mediation will be held in Victoria, Australia.
  8. 14.4
    All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
  9. 14.5
    If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction

  1. The Services offered by FOMO Search is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

16. Governing Law

  1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice

  1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

  1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.