‘The Website” refers to www.perthhappenings.com.au
“Us” refers to Perth Happenings
This Policy applies to the domain name of www.perthhappenings.com.au only and to any additional mobile applications. It does not apply to, and we are not responsible for, the use of, or the protection of information provided to, other websites or services linked to our website or that you use to access our website, applications or services.
Who we are
Our website address is: http://www.perthhappenings.com.au
What personal data we collect and why we collect it
If you register as an Event Organiser and create an account – to advertise your event or sell tickets, you will be required to provide your name, email address, phone or other contact number, account username and password and for paid events you will need to provide a valid PayPal account.
For Subscribers, we may collect your name, contact telephone number, organisation name, and email address. By subscribing to our newsletter you consent to us sending such material to you. For material that we email to you, we provide a functional opt out facility with all promotional emails. Our newsletters and EDMS are sent via MailChimp and all personal information is stored according to their policies.
Customers- Advertising and/or Ticket Purchase
By purchasing on our site you may be required to provide certain Personal Information to complete a purchase on Perth Happenings. This may include your name, address, telephone number and email address. If you make a payment for an event, we may also collect financial information from you including your credit card number and expiration date. All of this information is handled by our payment gateway PayPal and your safety and details are as per their service. Please refer to PayPal.com for any further information.
Event Organisers may also require collection of additional Personal Information required by them. Such information may include Sensitive Information. If this information is provided by the Customer, we will also have access to it and we will hold, use and disclose that information in accordance with this Policy. If and to the extent the Customer is providing such information on third parties, the Customer represents and warrants that Customer has consent from such third parties to disclose such information.
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an event, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website, we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Legally Required Releases of Information
At times, we may be legally requested to disclose your personal information. These requests will be adhered to if the following is met- (a) required by subpoena, law, or other legal process; (b) necessary to assist the Police force in Western Australia or any State or Territory in Australia and/or government officials or agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of Perth Happenings, our users, employees, and affiliates.
How we protect your data
The security of your information is important to Perth Happenings, but it is imperative to note that no method of transmission over the Internet, or method of electronic storage, is always 100% secure. While we endeavor to use commercially viable and respected means to protect your Personal Information, we are not able to guarantee its absolute security. We utilise practical protection measures to safeguard against the loss, abuse, and modification of the individual Data under our control. Personal Data is kept in a secured database and always sent out by means of an encrypted SSL method when supported by your web browser. No Web or e-mail transmission is ever totally protected or mistake cost-free. For example, email sent out to or from the Site may not be protected. You must take unique care in deciding what info you send to us by means of e-mail.
If you would like further information on this Policy, or if you have any concern about the protection of your Personal Information, please contact us – email@example.com
If you have a complaint, please do contact us and if you are not satisfied with the outcome of your privacy related complaint or the way we handle it, you may make a complaint to the Office of the Australian Information Commissioner at www.oaic.gov.au.
TERMS AND CONDITIONS OF THE WEBSITE
Perth Happenings reserves the right to change these Terms by publishing new terms on the Website. Your use of the Perth Happenings website constitutes your acceptance of these Terms as amended from time to time.
Should you object to any of these Terms and conditions on the Websites your option is to immediately cease utilising the Perth Happenings website.
Intellectual property (IP) and ownership of content
Unless indicated otherwise all content and materials in any format on the Websites and all intellectual property in the Websites is owned or licensed by us. External events to Perth Happenings are the IP of the event organiser. Any event promotion on the website is at the event organisers discretion and by uploading your event listing you are acknowledging ownership and rights to promote the event. Perth Happenings is not liable for any misinformation, asset copyright or incorrect information placed on the website.
Subject to these Terms, users of the Perth Happenings website agree to not infringe our IP as contained in the website and will not modify, copy, republish, distribute or communicate any part of the website or any information contained on or in the website without the written consent of Perth Happenings or otherwise use the websites in a way which will infringe our IP or other rights and accept that any imagery will be owned by the organisation and any infringements or fines will be liable to the event organiser.
All rights not expressly granted are expressly reserved to the maximum extent permitted by law.
Restrictions on use of the website
In accessing or using the Perth Happenings website you agree that you will not:
- use any means to interfere or attempt to interfere, with the proper working of the website
- instigate any actions that may cause excessive traffic demands on our website that we consider unreasonable site usage
- use data found on the Perth Happenings website via access or index to compete with us
- act as any individuals or entities attempting to solicit money, passwords or personal data
- reproduce, republish any works of Perth Happenings, or the Perth Happenings contractors without our written permission
- transmit or attempt to transmit, any computer viruses or other items of a destructive nature
- use the Perth Happenings website for any purpose it was not intended
Perth Happenings reserves the right to exercise any means we consider necessary to prevent unauthorised access to, or the use of our websites, including adding technological barriers, official reporting conduct to a person, entity, governmental or other authority.
If you suspected a violation of these Terms, please contact us to report these to firstname.lastname@example.org
Added Third Party Content
Perth Happenings website may contain Third Party Content.
Perth Happenings does not control and we are not responsible for any Third Party Content. The user is responsible for all risks associated with accessing and the use of Third Party Content.
Any Third Party Content made accessible on the Perth Happenings website is provided to you on an ‘as-is’ and ‘as available’ basis without any warranty. Third Party Content may be inappropriate, offensive, outdated or inaccurate, infringing or objectionable or unlawful, and Perth Happenings is not responsible for, and we are under no obligation to control, monitor or correct Third Party Content.
Perth Happenings reserves the right to instigate and implement any remedial action if any content violates restrictions under these Terms. This may include the removal of, or disablement of access to, such content.
The owner, author or provider of any Third Party Content retains all associated rights in and to that content, and your rights to utilise Third Party Content are subject to, and governed by the terms applicable to the content as specified by the owner, author or provider.
Unless otherwise required by law:
- Perth Happenings makes no representations and give no warranties in respect of any Website Information. We do not guarantee that any information is reliable, accurate or suitable for your purposes. We do not warranty the information is without errors, omissions or viruses
- Perth Happenings makes no representations and therefore give no warranty in respect of, and accept no responsibility for, any websites controlled by anyone other than Perth Happenings which are or may become linked to from our website.
Perth Happenings does not guarantee continuous, uninterrupted or secure access to the website.
By accessing and using the website you acknowledge that the Websites may be interfered with by varying factors outside of our control.
Perth Happenings is not responsible for loss of, or corruption of, any data. Data that is entered or uploaded by you or by a third party (including your customers) in relation to your use of the Perth Happenings website is not our responsibility.
Limitation of liability
By utilising the Perth Happenings website, or engaging our services, you agree that, to the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) in tort (including negligence) or otherwise arising out of, or in connection, with the use of the Websites, your reliance on anything contained in or omitted from the Websites, being unable to access the Websites for any reason (including our negligence) or the failure of the Websites for whatever reason (including our negligence).
Subject to the terms set out below under the heading ‘Australian Consumer Law’ and to the maximum extent permitted by law, our maximum liability for all claims related to the website and your use of the website will be the lesser of an amount not exceeding the amount paid by you to us in the 12 month period preceding your claim or $5,000. This limit applies collectively to us and our related entities, directors, officers and agents. We will not be liable for special, incidental, exemplary, indirect or consequential loss or damages, or lost profits, business, value, revenue, goodwill or anticipated savings in any circumstances. You agree not to bring legal action or make a claim arising out of or related to your account, or any services you use, more than two years after the cause of action arose.
You indemnify Perth Happenings and associated entities, directors, officers and agents against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us arising from or which is directly or indirectly related to your breach or non-observance of any of these Terms or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.
Australian Consumer Law
If you constitute a consumer under the Australian Consumer Law while using the Websites, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to the Websites. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected services again or paying the cost of supplying the services again.
These Terms are governed by the laws of Western Australia, Australia.
Updated and Edited 1/07/2019
Updated and Edited 23/07/2019 – Combined T + C with Privacy Page
Transitioned to new website 04/06/2020