Terms of Use

Welcome to Cityguide

Welcome to Cityguide, your online guide to what’s on in the city. Here you’ll find a detailed catalogue of upcoming events, from music concerts to theatre, ticketed sports matches to art and museum exhibitions, festivals to comedy, and more.

Cityguide is operated by Infocraft Pty Ltd trading as CITY GUIDE ABN 70 643 667 412 (we, our or us). It is available via our website at: www.cityguide.com.au and our mobile application (together the Platform). Cityguide may also be available through other addresses or channels.

Disclaimer

We may from time to time promote and advertise events on the Platform.

Unless otherwise expressly stated, Cityguide is not affiliated with any events or third parties displayed on the Platform.

We provide all event related information including event details, event descriptions, images and videos (Event Content) and any other information (General Content) (together Content) displayed on the Platform in good faith and make no representation or warranty in relation to it or its accuracy. We may also change and/or remove Content without notice. You acknowledge and agree that we are not liable for any loss arising from reliance on the Content displayed on the Platform. We recommend checking the accuracy of Event Content with the associated third-party event organiser, ticket provider and/or venue.

You acknowledge and agree that Cityguide has no control over and does not guarantee the quality, safety, accuracy or legality of any events displayed on the Platform.

Acceptance

You accept these terms and conditions, including our Privacy Policy, by accessing and/or using our Platform, downloading our mobile application or clicking “I accept” (or similar).

You must be 13 years old to use our Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

Creating an account

You can browse our Platform without creating an account but you must create an account (Account) to access certain features and functions, which may include favouriting and saving a shortlist of events and/or customising the events displayed to you.

We may require you to provide basic information when registering for an Account including your name, username, email address, age and/or date of birth, gender, location and you must choose a password. You may also be asked to provide your preferences regarding the categories of events you are interested in to customise the events we display to you.

You may also create an Account using your Facebook, Google or other social media network account (External Account). If you sign in to your Account using your External Account, you authorise us to access certain information on your External Account including your name, email address, public profile information, age, gender and location.

You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions.

You will immediately notify us of any unauthorised use of your Account.

At our sole discretion, we may refuse to allow any person to create an Account.

Collection notice

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you including using in-Account notifications, push notifications or via off-Platform communication channels such as by email to respond to your enquiries and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors and our business partners) or as required by law. If you do not provide this information, we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (2) using our Platform to bully, stalk, intimidate, assault, mistreat, defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited email messages; (7) scraping, crawling or employing any automated device to extract data from our Platform; or (8) facilitating or assisting a third party to do any of the above acts.

Third party sites

The Platform may contain embedded content and links to websites operated by third parties including but not limited to: event organisers, ticket providers, festivals, venues and talent. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability and accuracy of those websites.

Intellectual Property rights

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Unless otherwise indicated, we own all rights, title and interest (including intellectual property rights) in our Platform, Platform design and General Content (Our Intellectual Property).

Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to Our Intellectual Property.

You must not, without the prior written consent of ourselves: (1) copy or use, in whole or in part, any of Our Intellectual Property; (2) reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or (3) breach any intellectual property rights connected with Our Intellectual Property, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

Notice regarding Apple

(a) To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

(b) Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

(c) If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

(d) Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

(e) Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

(f) You agree to comply with any applicable third-party terms when using our mobile application.

(g) Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

(h) You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform, or which have not been provided by us; (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; (5) the Platform being unavailable, or any delay in us providing our services to you, for whatever reason; and/or (6) any event outside of our reasonable control.

(i) This clause will survive the termination or expiry of these Terms.

Limitations on Liability

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our services to you or, in our sole discretion, to us paying you $10; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.

(j) This clause will survive the termination or expiry of these Terms.

Warranties

(k) You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; and (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms.

(l) You acknowledge and agree that (1) you use the Platform or our services at your own risk; and (2) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

(m) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

(n) To the maximum extent permitted by law, we make no representations or warranties about our Platform or Content, including (without limitation) that:

(1) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(2) access will be uninterrupted, error-free or free from viruses; or

(3) our Site will be secure.

You read, use and act on our Site and Content at your own risk.

Indemnity

(o) To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

(p) This clause will survive the termination or expiry of these Terms.

Termination

(q) You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on the Platform.

(r) At our sole discretion, we may suspend your Account or terminate these Terms immediately if you are in breach of these Terms, any applicable laws, regulations or third-party rights. Where possible, we will suspend your Account and allow you to rectify any undesirable behaviour, but if we need to, we will cancel your Account.

We may also terminate these Terms without cause by giving you 7 days’ notice.

General

Complaints: If you wish to make a complaint in relation to our Services, Platform, Content or any event we display on our Platform, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you in writing.

Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with an authorised representative from the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) you may suffer arising from or in connection with any such discontinuance or exclusion.

No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the General Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

Competitors: You are prohibited from using our Platform, including the information and materials available on it, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Variation: We may modify these Terms from time to time by notifying you by email or via notification to your Account. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform

Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account. Any notice may be sent by email and will be deemed to have been served at the time of transmission in the case of email.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of South Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

When we make changes to these terms of use

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current terms.

Terminating these terms

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

If a part of these Terms isn’t right

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Which laws govern these terms of use

Your use of our Platform and these Terms are governed by the laws of South Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

Trademarks

For any questions and notices, please contact us at:

Infocraft Pty Ltd trading as CITY GUIDE ABN 70 643 667 412

Email: policy@cityguide.com.au

Last update: 30 May 2021