Last Updated: March 20, 2022
The following terms and conditions (“Terms”) form a legally binding agreement between You and MyVenue (“Us”) in relation to Your access to, and use of, MyVenue.
By accepting this agreement, You acknowledge and warrant to Us that You have read, understood, and agree to be bound by these Terms. If You do not accept these Terms, You must refrain from accessing or using MyVenue. You should read these Terms carefully.
In these Terms, “MyVenue” means, collectively and individually, the Software and the Services. Other definitions for certain capitalized terms are set out at the end of these Terms.
1. Access
Your use of MyVenue or some of the Services may require You to register with Us or open an account. To do so, You must complete the registration process in the manner described on Registration is non-transferable. However, You may allow Your authorized employees, contractors, or agents (“Your Personnel”) to access MyVenue through Your account. You are responsible for managing Your account and ensuring Your Personnel (each, an “Authorized User”) are aware of these Terms, and that they comply with them. You are responsible for all activities that occur under Your account (even if those activities are not undertaken by You or an Authorized User).
You must use all reasonable efforts to prevent unauthorized access or use of Your account. Please let Us know immediately if you become aware of any unauthorized use of Your account or any other breach of security.
Third party facilities or services (which may include Stripe, PayPal, or other software programs) may be necessary or appropriate to be utilized in conjunction with Your access to or use of MyVenue. When You access these third party facilities or services, You do so at Your own risk. You agree that Your use of such facilities or services is governed by the relevant third party’s terms of use and/or license/services agreement, and We are not a party.
Subject to these Terms, We grant You and each Authorized User a limited, personal, revocable, non-assignable, non-sublicensable, and non-exclusive right to access and use MyVenue solely to enable You to enjoy the benefits of MyVenue as intended by Us under these Terms. Any use, reproduction, modification, distribution, sale, sub-license, or storage of MyVenue (and any Content contained in MyVenue) for any purpose other than using MyVenue in accordance with these Terms is expressly prohibited without prior written permission from Us. Except to the extent expressly permitted by these Terms, you must not transfer or provide access to MyVenue to any third party (other than an Authorized User) or otherwise use MyVenue for the benefit of any third party.
2. Hardware and installation and support services
At Your request, We may agree to:
a) supply You with certain hardware to enable You to use MyVenue in accordance with these Terms; and/or
b) provide You with certain installation, training, and/or set-up services in relation to MyVenue from time to time.
We will provide You with technical software support services for issues arising in connection with Your standard day-to-day use of MyVenue, as detailed in Appendix B.
3. Fees and payment terms
Access to, and use of, MyVenue or any part or feature of the Services, is subject to payment of a Usage Fee by You, as set out in the relevant Fee Proposal accepted by You. Usage Fees may only be varied by mutual agreement between You and Us in writing.
You acknowledge that the continued availability of any part or feature of MyVenue or the Services may be conditional upon continued payment of such Usage Fees. Usage Fees will be calculated and paid monthly in arrears.
The use of MyVenue will require You to:
a) open and maintain a merchant account with a third party payment service provider, such as PayPal, Stripe, CBA, or Payflow (“Third Party Payment Account”); and
b) establish a direct debit arrangement between You and Us (“Direct Debit Arrangement”).
You agree to familiarise Yourself with the applicable terms of use governing the Third Party Payment Account and Direct Debit Arrangement.
You must use the Third Party Payment Account for processing payments relating to any Transaction.
Unless otherwise specified in the Fee Proposal, You agree that We may deduct any applicable Fees from the Third Party Payment Account pursuant to the Direct Debit Arrangement on a monthly basis. Where We do this, provided You have sufficient funds available under Your Direct Debit Arrangement, no further payment action is required by You. Without limitation, You must pay Us any outstanding Fees or Commission or other amounts You owe to Us that are not deducted under the Direct Debit Arrangement within 7 days after We issue You an invoice in respect of the amount due. If You fail to pay an amount owed to Us when due, You will be liable to pay Us interest on that amount at a rate of 5% per annum.
If Your account is terminated or closed, or if the payment of any Fee payable by You cannot be completed for any reason, You must pay Us all outstanding Fees immediately upon demand.
All payments and purchases made in connection with MyVenue are to be made in the currency specified in the Fee Proposal. To the maximum extent permitted by law, and except as expressly provided otherwise in these Terms, We are not obliged to provide refunds of any Fees paid by You, however, We may offer a refund where We determine that extenuating circumstances apply.
4. Third party offerings
You may post information relating to Products offered by Third Parties through MyVenue. However, You acknowledge that We may restrict you from posting such information in circumstances where We reasonably believe that clause 6 of these Terms has not been, or will not be, complied with in respect of the advertised Product. We are not responsible for any incorrect, inaccurate, incomplete, or unreliable information provided by You in relation to a Third Party or any Product that they may advertise or supply.
You are responsible for ensuring that any Third Party offering Products on or through Your MyVenue account complies with these Terms as if they were registered as a “Venue”. You acknowledge that We may at any time require a Third Party to accept a separate agreement with Us prior to their Products being advertised on MyVenue.
5. Dealings with Patrons
You acknowledge and agree that to the maximum extent permitted by law:
a) You are solely responsible for any interaction, relationship, agreement, or arrangements between You (or any Authorized User) and any Patron (including without limitation the sale and purchase of any Products and enforcement of any applicable terms of sale and selling policies);
b) We give no undertaking as to, and We are not liable for, the availability, quality, fitness for purpose, or merchantability of any Product;
c) We do not endorse or guarantee the accuracy of any Content posted or displayed by You (or any Authorized User) on MyVenue and We are not liable for the availability, quality, or fitness for purpose of any Content by You (or any Authorized User) displayed on MyVenue;
d) any transaction or dealings You may enter with any Patron or which otherwise arises through Your or any Authorized User’s use of MyVenue is entirely at your own risk, and You agree to take reasonable precautions in all interactions with other users of MyVenue; and
e) We are not responsible for refunding the cost of a Product to any Patron.
You agree to act in good faith with respect to any transaction or dealing You (or any Authorized User) may have with any Patron on or through MyVenue. You acknowledge that any transaction or dealing You enter into with a Patron (including with respect to the purchase of any Product) is between You and that Patron and may be subject to You entering into a separate, binding agreement with that Patron. We are not a party to any such agreement or arrangement entered into by or between You and any Patron.
We are not responsible for resolving or dealing with any disputes, disagreements, or matters in relation to any dealings between You and any Patron, and We are not obliged to be involved in such disputes, disagreements, or matters in any way. If You have a dispute with one or more Patrons, You release us (and our directors, employees, and agents) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes, except to the extent that such claim, demand or damage is caused or contributed to by Our breach of these Terms or the negligent, fraudulent or unlawful act or omission of Us or any of Our directors, employees, contractors or agents.
6. Products
By listing or advertising a Product on or through MyVenue, You warrant and represent that:
a) You are legally able to sell the Product;
b) the Product does not comprise of illegal, prohibited, counterfeit, dangerous, or stolen goods;
c) the sale of the Products will not result in any breach of, or constitute a default under, any other agreement to which You are a party;
d) You have obtained (or will obtain, as the case may be), all applicable licenses, permits, and authorizations required under any Applicable Law in connection with an Event and/or the sale of the Products and will comply with the terms of any such licenses, permits, and authorization; and
e) You will comply with, all Applicable Laws and these Terms in connection with the listing and sale of the Product (including, without limitation, the laws and regulations applicable to the sale of wine and alcoholic beverage in the relevant jurisdiction).
You also acknowledge and agree that in listing a Product on MyVenue, You:
a) must ensure that the listing only contains appropriate Content that is relevant to the sale of that Product;
b) must accurately describe the Product and the terms of sale applicable to the Product;
c) must ensure that Your terms of sale and any other selling policies comply with all Applicable Laws and any reasonable directions We may notify You of from time to time (including via MyVenue);
d) are responsible for completing any transaction that You enter into or participate in;
e) are solely responsible for enforcing and complying with Your terms of sale and any other selling policies with respect to the Product (including with respect to any refunds);
f) understand that all sales of Products made via MyVenue are binding (subject to any applicable terms of sale or selling policies); and
g) upon the sale of any Product via MyVenue, You must promptly complete the Transaction (except where the buyer does not comply with the applicable terms of sale or selling policies)
7. Your Content
You agree that You are solely responsible for any Content that You or any Authorized User provides or posts to MyVenue (including as part of the registration process). You warrant and undertake to Us that any and all of the Content provided by You or with Your authority:
a) is accurate, complete, and up-to-date;
b) is not misleading or deceptive;
c) does not contravene any Applicable Laws or infringe any copyright trademarks or any other intellectual property rights or other rights of third parties, including the rights of publicity or privacy; and
d) otherwise complies with these Terms.
You warrant that You have obtained all necessary rights, waivers, and consents for Us to use and display Content provided by You (or with Your authority) without attribution of authorship, even if that would, apart from these Terms, infringe Your or any Authorized User’s moral rights.
8. Changes to MyVenue and its availability
We may change or improve MyVenue over time. For example, We may develop and distribute updates, enhancements, or new features. We may also restrict access to non-critical features of MyVenue, or stop making those features available. We will always try to give You notice of any changes to MyVenue or its functionality before such changes take effect, although this may not always be possible.
On occasion, We will need to perform maintenance and this may require a period of downtime. We try to minimize any such downtime. Where planned maintenance is being undertaken, We will use our best efforts to schedule the downtime at a convenient time (such as 3am-6am) and notify you in advance. Where emergency maintenance is required, we will promptly notify you of the expected downtime.
9. Intellectual Property
The parties acknowledge and agree that all Data will be owned, used, and accessed in accordance with the data model set out in Appendix A.
We, or Our licensors (as applicable), own all Intellectual Property in and to:
a) the Software;
b) all Content (excluding any Content uploaded to MyVenue by You or with Your authority);
c) all Patron Data; and
d) all Aggregated Data
Our Intellectual Property includes, but is not limited to, the design, layout, look, appearance, graphics, trademarks, branding, and logos on MyVenue.
To the extent You have an interest in any of Our Intellectual Property, You hereby assign to Us the whole of that interest and agree to assign all other rights, title, or interests You may have in the future in and to any of Our Intellectual Property.
You must not copy, modify, distribute, sell or lease any part of Our Intellectual Property other than in accordance with this clause 9.
You (or Your licensors, as applicable) will continue to own any and all Intellectual Property in the Venue Data. However, You agree to grant Us a non-exclusive, worldwide, and royalty-free license to access, display, modify, reproduce and/or use such of the Venue Data necessary for Us to provide You with access to MyVenue and otherwise carry out Our obligations under these Terms. This right continues for so long as You use MyVenue.
We will not:
a) disclose, sell, modify, assign rights in, otherwise dispose of, or alter any Venue Data.
b) use any Venue Data held by Us, or to which We have access, other than for the purposes of fulfilling its obligations under these Terms, other than as Aggregated Data.
MyVenue, and the Content published on it, are protected by the copyright laws in applicable jurisdictions. All such rights are reserved.
If You copy or download any part of MyVenue in breach of these Terms, Your and each Authorized User’s right to use MyVenue will cease immediately and You must, at Our option, return or destroy any copies of the materials You or any Authorized User have made.
Aggregated Data
You acknowledge that We may de-identify results, Data, trends, and other information generated with respect to MyVenue or aggregate it in such a way that it cannot be used to identify You or any of your physical venues (whether directly or indirectly) or any individual. We may disclose Aggregated Data for any purpose We see fit, including to advertisers and other third parties for their commercial, marketing, research, and promotional purposes. We will not re-identify, or permit the re-identification of, any Aggregated Data.
To the extent the Aggregated Data contains any Venue Data owned by You, You grant to Us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license (including the right to sublicense) to such Venue Data for the purposes of Us using, adapting, storing, communicating, commercializing and otherwise exploiting the Aggregated Data as we see fit.
10. Prohibited uses
You must ensure that Your access to and use of MyVenue is not illegal or prohibited by any laws which apply to You. You are responsible for anything You or any Authorized User does, sends, or posts on MyVenue. You must not send or post anything that is offensive, infringes any person’s rights, or is against any applicable law.
By using MyVenue, You represent and warrant that You will not, in using MyVenue:
a) rent, lease, resell, distribute, or use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner;
b) infringe the rights of any other person, including without limitation any intellectual property rights;
c) defame another person;
d) provide false, misleading, or inaccurate information to Us or any other user of MyVenue;
e) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
f) post Content that is not accurate, complete, or correct or may otherwise mislead or deceive other persons;
g) disclose another person's confidential information or otherwise contravene Your privacy obligations or any other person's privacy obligations;
h) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to MyVenue, except to the extent expressly permitted by Applicable Law (and then only upon advance notice to Us);
i) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from MyVenue for any purpose, including without limitation use on third-party Apps;
j) attempt to probe, scan, or test the vulnerability of MyVenue or any associated system or network, or breach security or authentication measures without proper authorization;
k) post any Content that is illegal or may constitute or encourage any contravention of any applicable laws by any person;
l) threaten, offend or abuse another user of MyVenue;
m) remove or obscure any proprietary or other notices contained in MyVenue;
n) do anything which is otherwise, in Our reasonable view, inappropriate or harmful to MyVenue or other users of MyVenue; or
o) encourage or assist any third party to do any of the above.
We may remove from, or refuse to display on, MyVenue anything that We think is inappropriate or in breach of these Terms in Our reasonable discretion.
11. Privacy and data security
We will:
a) establish and maintain safeguards against the destruction, loss, introduction of viruses, harmful code, or alteration of Data in Our possession, custody, or control;
b) endeavor to adhere to best practice policies and procedures to prevent Data loss, and unauthorized access, use, or disclosure of Data, including by ensuring that Data is stored securely in a single database using Amazon Web Services and utilizing industry-leading firewall systems, but in any event are no less rigorous than safeguards that meet generally accepted industry standards; and
c) use, store and handle Patron Data in accordance with Our Privacy Policy and any other applicable privacy and data protection laws.
We will notify You if there appears to be unauthorized access to Your account and We may restrict access to certain parts of MyVenue until you verify that access was authorized by You.
You must not violate the security of MyVenue in any way. We may suspend or cancel Your account or Your or any Authorized User’s access to MyVenue if We reasonably suspect any security violation. We may also inform any law enforcement body of any suspected unauthorized or criminal activity.
Examples of security violations include:
a) attempting to gain unauthorized access to any part of MyVenue, servers, or system infrastructure You were not intended to have access to;
b) interfering with or otherwise circumventing mechanisms in MyVenue intended to limit your use;
c) use MyVenue in a way that was not intended by Us;
d) attempting to reverse engineer MyVenue or any system or offering provided through it;
e) interfering with or disrupting (or attempting to interfere or disrupt) any servers or networks connected to MyVenue;
f) sending or storing any harmful code (including, for example, any computer virus, trojan, worm, or other code that is harmful or disabling or which assists in or enables unauthorized access to or corruption of data); or
g) using any feature of MyVenue or any other means to send unsolicited commercial correspondence to Patrons or other users of MyVenue, other than as permitted under these Terms.
Where available to You, We may permit You to activate Offline Credit Card Mode. You acknowledge and agree that the use and activation of Offline Credit Card Mode is at Your own risk. You represent and warrant to Us that You will only use Offline Credit Card Mode in response to specific, temporary unexpected, or unforeseen emergencies or circumstances where it is not possible for You to use MyVenue normally due to factors that You were not aware of and are beyond your control. For example, where the third party credit card gateway or processor facilities were unexpectedly or temporarily not available or down, or where the internet connection was unexpectedly and temporarily not available or interrupted. You acknowledge and understand that the use of Offline Credit Card Mode is not reliable as the principle method of using MyVenue, and may result in a permanent and irretrievable loss of data or funds collected during the reliance of the Offline Credit Card Mode. You specifically acknowledge and agree that all losses, expenses, and damages directly or indirectly caused by or in connection with the use of Offline Credit Card Mode are Your sole responsibility, and that You release and indemnify Us from any and all losses, expenses, and damages suffered by You, including from claims from third parties in connection with any transaction carried out in Offline Credit Card Mode. We do not represent that Offline Credit Card Mode is available or will be available to You, for all payment types, or that the use of Offline Credit Card Mode is suitable or appropriate in any circumstances, and We disclaim any and all liability or responsibility for any transactions carried out in Offline Credit Card Mode.
12. Insurance
You warrant that, for so long as You use MyVenue and for a minimum of three years afterwards, You will take out and maintain policies of insurance with the limits and endorsements indicated in the Fee Schedule. You agree to furnish certificates of insurance and applicable endorsements to Us prior to commencing use of MyVenue.
13. Exclusions and disclaimers
We have spent a significant amount of time developing and refining MyVenue and are confident you will enjoy using it and find it useful. However, we cannot promise or guarantee any specific outcomes from the use of MyVenue. To the extent permitted by law, we do not make any representations or guarantees about the user experience, quality, or outcomes of any interactions that are initiated via MyVenue, other than as expressly stated in these terms. To the fullest extent allowed by law, we expressly disclaim all express and implied warranties not otherwise stated in these terms including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. To the maximum extent permitted by law, we (and our directors, employees, and agents) do not accept any liability for, and you agree to release us (and our directors, employees, and agents) from any and all claims in relation to any loss, howsoever caused, suffered or incurred by you arising from:
a) your or any of your authorized user's use of MyVenue (except to the extent that loss was caused or contributed to by our breach of these terms or the negligent, fraudulent, or unlawful act or omission of us or any of our directors, employees, contractors or agents);
b) any use or activation of offline credit card mode and all related transactions;
c) any interaction you or any authorized user may have with any patron;
d) the promotion or conduct of any event;
e) the acts or omission of any third party and any other third parties in connection with any event or the services (other than our subcontractors); and/or
f) any content generated by you associated with a product or event, In each case, except to the extent caused or contributed to by the gross negligence, willful default, fraud or unlawful act or omission of us or any of our directors, employees, contractors, or agents.
14. Limitation of liability
The maximum aggregate liability owed by us to you for any other loss arising in connection with the agreement constituted by these terms is limited, to the maximum extent permitted under law, to the value of the fees paid in the preceding 12-month period.
15. Indemnity
You agree to indemnify, defend and hold Us (and Our directors, employees, and agents) harmless from and against all claims, liabilities, losses, and expenses (including reasonable legal fees on a full indemnity basis) incurred by Us (or any of Our directors, employees, and agents) that arise from:
a) any activity which You or any Authorized User engages in with or through a MyVenue account;
b) any breach of these Terms by You or an Authorized User or any Third Party;
c) any breach of applicable law by You or an Authorized User;
d) any transaction, dispute, or other dealing between You and another person that arises from or through Your use of a MyVenue account (other than a matter for which We are liable under these Terms);
e) the quality, safety, or legality of any Product (including any Product sold by a Third Party);
f) the promotion or conduct of any Event;
g) any damage to tangible property (including the Event venue) or injury or death to any person caused by You (or any of Your directors, employees, contractors, or agents);
h) Your failure to obtain or maintain or comply with any applicable license, permit and/or authorization required for the Event;
i) any use or activation of Offline Credit Card Mode and all related transactions; and
j) any fraudulent act or omission by You or any of Your directors, employees, contractors, or agents, in each case, except to the extent caused or contributed to by the gross negligence, willful default, fraud, or unlawful act or omission of Us or any of Our directors, employees, contractors, or agents.
16. Termination
We may suspend Your or any Authorized User’s access to MyVenue (or any part of MyVenue), close Your account, remove all and any of Your Content and Products from MyVenue (including any Products offered by a Third Party) or terminate Our agreement with You and Your access to MyVenue, at any time, if You or an Authorized User or any Third Party is in breach of any material provision of these Terms.
We will not be liable to You for any loss or damage You suffer because We exercise Our rights under this clause.
Termination of these Terms does not affect any accrued rights or remedies of either party.
All provisions of these Terms that by their nature should survive termination of Our agreement with You will survive termination for any reason (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections).
17. Changes to these Terms
No amendment to the agreement constituting these Terms will be effective unless agreed in writing by You and by Us.
18. Relationship
Nothing in these Terms or Your use of MyVenue creates any agency, partnership, joint venture, employment, or franchise relationship between You and Us.
19. Jurisdiction
Unless You are a US Venue, these Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation shall be governed by the laws of South Australia and each party submits to the jurisdiction of the courts of South Australia in respect of any claim arising from, or related to, these Terms, although We reserve the right to bring proceedings against You for breach of these Terms in Your country of residence or any other relevant jurisdiction.
If You are a US Venue, these Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation shall be governed by the laws of the State of Colorado, and each party submits to the jurisdiction of the courts of the State of Colorado in respect of any claim arising from, or related to, these Terms.
20. Severance
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void, unfair, or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.
21. Assignment
Neither party may assign any of its rights or purport to novate any of its obligations arising out of these Terms to a third party without the other party's prior written consent, provided that We shall be entitled to assign Our rights under these Terms, or novate these Terms, to a purchaser of the Software without Your prior written consent.
22. Definitions
In these Terms, unless the contrary intention appears:
“Aggregated Data” means any results, data, trends, and other information generated with respect to MyVenue, which, in each case, have been de-identified by Us by removing any and all personal identifiers and removing or altering other information that may allow personal identification or identification of a venue.
“Applicable Law” means any and all statutes, regulations, by-laws, ordinances, or subordinate legislation in force from time to time which pertains to Your use of, and access to, MyVenue and the posting of any Content on MyVenue and includes, without limitation, those relating to food safety, liquor licensing, advertising, equal opportunity, anti-discrimination, trade practices, fair trading, Intellectual Property, privacy and confidentiality, and any relevant consumer law.
“Configuration Data” means all data that You provide to Us to enable Us to provide the Services to You, including:
“Content” means any information, materials, data, text, graphics, photographs, videos, trademarks, logos, sounds, music, audio clips, artwork, computer code, software, scripts, written posts and comments, material, and interactive features generated, provided, used, displayed, or otherwise accessible on or through MyVenue.
“Data” means all Venue Data and all Patron Data.
“Event” means an event, functions, or operational trading period where or during which the MyVenue platform is used.
“Fee” means any fee charged by Us for the Your use of Our Services including, without limitation, the Usage Fee.
“Fee Proposal” means the relevant fee proposal and/or fee schedule provided you outlining, among other things, the Fees payable by You for the Services to which these Terms apply.
“Intellectual Property” means any registered or unregistered rights in any copyrights, patents, inventions, discoveries, trademarks, processes, systems, methods, know-how, designs or confidential information or any rights of a similar nature under the laws of Australia, the United States of America or anywhere else in the world.
“Offline Credit Card Mode” means a mode where once activated, MyVenue may be operated to enable it to PERMIT certain credit cards or similar payments without accessing the credit card gateway facilities or internet connection by temporarily storing encrypted payment data and transmitting the payment details later when connection with the credit card gateway is reestablished.
“Patron” means any past or present Event attendee.
“Patron Data” means data communicated on or through MyVenue that could personally identify a Patron, including data such as the Patron’s name, email address, phone number, and other contact details.
“Products” means any goods or services advertised or sold on or through Your MyVenue account or which are otherwise available at any Event.
“Related Body Corporate” means any entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the relevant party.
“Sales Data” means all data relating to Transactions (excluding any Patron Data).
“Services” means the services, information, products, and/or resources provided by Us in accordance with these Terms, including providing access to the Software, user support, any installation, training, and/or set-up services.
“Software” means the software developed by Us known as “MyVenue”, incorporating “mvPOS”, “mvMobile” and “mvManager” and including all modifications, enhancements, or updates thereto.
“Third Party” means any third party supplier of Products at the Venue.
“Transaction” means any transaction for the sale and purchase of a Product conducted on or through Your MyVenue account.
“Usage Fee” means the fee payable for the right to access and use MyVenue.
“US Venue” means a person that is registered as a “Venue” on MyVenue and whose principal place of business is situated in the United States of America.
“Venue Data” means all Sales Data and all Configuration Data.
“We”, “Us”, “Our” means MyVenue Pty Limited ACN 621 513 193.
“You”, “Yourself”, “Your” means the person, company, or organization who is registered as the “Venue” on MyVenue.
“Your Information” means information, Content, or data (which may include personal information) that You or any Authorized User provides to Us in using MyVenue (other than Aggregated Data), including any hardware or software settings or configurations, and Your commercial information (such as suppliers, inventory, business or financial information).
Feedback and reporting misconduct
We encourage all users to report any misconduct experienced while using MyVenue by contacting Us at info@myvenue.com.
Further information
If You have any questions about these Terms or would like any further information, please contact Us at info@myvenue.com.
Appendix A – Data Model
Overview of Data model
The MyVenue database exists in the cloud. All Data is stored securely using Amazon Web Services in a single database and consists of Venue Data, Patron Data, and Aggregated Data.
Each Venue that subscribes for access to MyVenue will generate its own Venue Data.
As a matter of policy, MyVenue will only provide Venues with access to Patron Data in limited circumstances, as outlined in the following table.
Venues may negotiate access to Aggregated Data on a case-by-case basis.
Type of Data | Description (examples) | Ownership / Full Access | Other Access |
Venue Data | Data that a Venue provides to enable MyVenue to provide the Services, such as Product and stock details, pricing, cashier, menu, and location information Data relating to transactions conducted through a Venue’s MyVenue account, including purchase items, price, location, time, payment method, and amount. | Venue | MyVenue – restricted access during the Term to allow provision of the Services |
Patron Data | Data communicated on or through MyVenue that could personally identify a Patron including name, email, year of birth, gender, postcode, credit card, preferences, usage history. | Patron / MyVenue | MyVenue will seek to obtain the necessary consent from each Patron at the time no later than the first transaction by the Patron at the Venue (thorough the Patron T&Cs and Privacy Policy) to the disclosure of their personal information to the Venue in this manner. Venues will not be granted access to any Patron Data associated with their venue or Event if relevant Patron has declined to consent, or after the Patron has withdrawn consent, to their personal information being disclosed to the Venue. |
Aggregated Data | Data, trends, and other information generated with respect to MyVenue that has been de-identified or aggregated in such a way that it cannot be used to identify a Venue or any individual. | MyVenue | As agreed on a case-by-case basis. |
No Venue (or user from that Venue) can access another Venue’s data unless those Venues have been configured as part of a “Venue Group”. Access to various Venue Group Data is controlled at a user level through the Venue Group Administrator.
Patron Permissions
In Venue Notifications can be sent to the Patron.
Venue Permissions
Under certain circumstances, name, email, or other more specific de-identified Patron Data for sales at an Event may be included with the Sales Data (for example, year of birth, postcode, gender).
Appendix B – Support
All MyVenue clients receive full phone and email support and system maintenance as part of the Software-as-a-Service (SAAS) licensing. Support is on an escalated tier basis.
MyVenue develops and maintains support articles available through MyVenue Central that should help with most situations. If you’ve tried MyVenue Central and still need help, you can contact our support team.
On-site support, including training, event monitoring, and ad-hoc assistance, is available at an additional cost.
Venue Help Desk facilities assist in the resolution or clarification of any queries relating to the use or operation of the MyVenue Products.
Importantly, following any contact by the Venue to the Help Desk, MyVenue shall make a reasonable determination of the level of severity of the query or problem and use its best endeavors to respond to any queries or rectify any issues relating within the following timeframes:
MyVenue will use its best endeavors to rectify all Critical Problems or High-Level Problems, including modifications to the software's source code, if necessary, within forty-eight (48) hours of receipt by MyVenue of the initial notification of the query or problem.
The Venue must use its best endeavors to resolve any queries relating to the Products before contacting the Help Desk or notifying MyVenue to resolve such queries.
Version History
31 August 2021: added Offline Credit Card risk and liability clauses
