Event Host Terms of Use

1. About These Terms

These terms govern your use of the Session Services platform as an event host ("Host"). By creating an account and listing events on the platform, you agree to be bound by these terms, our Conditions of Sale, Privacy Policy, and Refund Policy (collectively, the "Agreement").

Session Services operates an online ticketing platform that facilitates the sale of tickets to events on behalf of Hosts. Session Services acts as the Host's authorised agent for the purpose of ticket sales. Session Services is not the organiser, producer, or host of any event listed on the platform.

2. Definitions

Booking Fee means the per-ticket fee charged to the Customer as published on the Session Services pricing page or as otherwise agreed in writing.

Chargeback means a reversal of a transaction initiated by a Customer's bank or card provider.

Chargeback Fee means the fee charged to the Host per Chargeback as published on the Session Services pricing page or as otherwise agreed in writing.

Customer means a person purchasing tickets for an event through the Session Services platform.

Customer Data means all data and information relating to Customers collected, generated, or obtained through the platform in connection with the sale, fulfilment, or management of tickets or events.

Event means a scheduled and ticketed event created by a Host and offered through the Session Services platform.

Host means a person or entity using the platform to create, list, or sell tickets to events.

Merchant of Record means the party responsible for processing payments, holding funds prior to settlement, and managing Chargebacks.

Net Ticket Price means the advertised face value of the ticket including GST, exclusive of any Service Fees.

Service Fees means any Booking Fee, Transaction Fee, Delivery Fee, and any other fee payable to Session Services as published on the pricing page or agreed in writing.

Settlement Funds means funds held by Session Services (or the applicable Merchant of Record) pending settlement, after deduction of Service Fees and any other amounts owing to Session Services.

Transaction Fee means the payment processing fee charged per transaction as published on the Session Services pricing page or as otherwise agreed in writing.

3. Registration and Accounts

3.1. To list events and sell tickets through the platform, you must create a Host account and provide accurate and complete registration information, including your legal entity name, ABN (or equivalent), contact details, and bank account details for settlement.

3.2. You must keep your registration information current. Session Services reserves the right to suspend your account if your information is inaccurate or incomplete.

3.3. You are responsible for maintaining the security of your account credentials. Session Services is not liable for any activity that occurs under your account.

3.4. You must not create an account if you have previously had an account suspended or terminated by Session Services.

4. Listing Events

4.1. You are responsible for providing accurate and complete event information, including event name, date, time, venue, ticket types, pricing, and any conditions of entry.

4.2. You must promptly update your event listing if any information changes.

4.3. Session Services reserves the right to remove or modify any event listing that it reasonably considers to be inaccurate, misleading, unlawful, or in breach of these terms.

4.4. Session Services will make tickets available for sale from the date you specify, or upon completion of the event listing, whichever occurs later.

5. Fees and Charges

5.1. Creating an account and listing free events is free. Session Services charges fees when paid tickets are sold.

5.2. Current fee rates are published on the Session Services pricing page at session.services. Session Services may update its fees from time to time by updating the pricing page. Updated fees apply to events created after the change takes effect.

5.3. The following fees may apply to each transaction:

• Booking Fee: charged per ticket to the Customer.
• Transaction Fee: charged per transaction to cover payment processing costs.
• Delivery Fee: charged per order if the Customer elects SMS delivery.
• Chargeback Fee: charged to the Host per Chargeback.

5.4. Service Fees are non-refundable to Customers, except where required by Australian Consumer Law. If the Host elects to refund Service Fees to a Customer, the Host must reimburse Session Services for the refunded amount.

5.5. Session Services may deduct any fees and charges owing from Settlement Funds, or invoice the Host separately. Invoices must be paid within five (5) business days of receipt.

6. Payments and Settlement

Where Session Services is Merchant of Record

6.1. Session Services will collect all ticket sale proceeds and hold them in a secure escrow account.

6.2. Following completion of the event and expiry of the hold period (five (5) business days after the event, or such other period notified in writing), Session Services will release Settlement Funds to the Host's nominated bank account, net of Service Fees and any other amounts owing.

6.3. Settlement will be remitted within five (5) business days of the hold period expiring, by electronic transfer, together with a settlement report.

Where the Host connects their own payment processor

6.4. Where the Host connects their own Stripe or Airwallex account, funds settle directly to the Host in accordance with their payment processor's settings.

6.5. Session Services' fees are automatically deducted at the time of the Customer's transaction.

6.6. The Host assumes full responsibility for all refunds, Chargebacks, and disputes relating to tickets processed under this model.

6.7. Session Services will invoice the Host at the end of each calendar month for any outstanding fees not deducted at the time of purchase. Invoices must be paid within three (3) business days of receipt.

General

6.8. Session Services reserves the right to delay or suspend settlement if it reasonably determines there is a risk of excessive disputes, refunds, Chargebacks, fraudulent activity, or where required by law or court order.

6.9. Hosts are solely responsible for nominating a valid bank account for receiving settlement. If valid bank account details are not provided within 90 days of the event date, Session Services reserves the right to refund ticket purchasers.

7. Refunds

7.1. If an event is cancelled and not rescheduled, the Host must provide a full refund of the Net Ticket Price to all Customers. Service Fees are non-refundable.

7.2. If an event is rescheduled or materially altered (including a significant change in headline artist, venue, or date), the Host must offer Customers the option to receive a refund of the Net Ticket Price.

7.3. The Host is solely responsible and liable for all refund obligations to Customers, regardless of the reason for the refund.

7.4. The Host must immediately notify Session Services of any cancellation, rescheduling, or material alteration to an event.

7.5. Session Services reserves the right to process refunds to Customers on the Host's behalf where the Host fails to do so within a reasonable time. Session Services may recover the cost of any such refunds from the Host, including by deducting from Settlement Funds.

7.6. The Host indemnifies Session Services against all liability, loss, cost, or expense arising in connection with refunds payable to Customers.

Refund policy requirements

7.7. If you sell paid tickets through the platform, you must publish a refund policy on your event listing that meets the following minimum requirements:

• It must comply with Australian Consumer Law and all other applicable laws.
• It must provide for a refund or equivalent remedy if the event is cancelled or does not take place as advertised.
• It must include instructions on how Customers can request a refund.
• "No refund" policies are permitted but must still comply with (a) and (b) above.

7.8. If a Host does not publish a refund policy, or if the published policy does not meet the minimum requirements above, the Session Services Refund Policy will apply.

8. Chargebacks

8.1. The Host acknowledges and accepts sole liability for all Chargebacks relating to tickets sold for their events.

8.2. Session Services will use reasonable efforts to manage Chargeback disputes on the Host's behalf. The Host must cooperate with Session Services in responding to any Chargeback, including providing attendance records and other evidence as requested.

8.3. The Host must reimburse Session Services for the full amount of any Chargeback plus the applicable Chargeback Fee. Session Services may deduct these amounts from Settlement Funds.

8.4. Where the Host is operating their own payment processor, the Host accepts all liability for Chargebacks processed through their account, including any fees charged by the payment processor.

9. Prohibited Events and Conduct

9.1. You must not use the platform to list or facilitate events that:

• violate any applicable law;
• are fraudulent, misleading, or deceptive;
• infringe the intellectual property or other rights of any third party; or
• Session Services reasonably considers to be harmful, offensive, or likely to bring Session Services into disrepute.

9.2. You must not use the platform to process fraudulent transactions, use stolen payment methods, or engage in any activity that interferes with or disrupts the platform.

9.3. If Session Services determines that you have breached this clause, it may suspend or terminate your account, remove event listings, withhold or refund ticket sale proceeds, and take any other action it considers appropriate.

10. Host Warranties

10.1. By listing an event on the platform, you represent and warrant that:

• you have the legal authority to host the event and sell tickets to it;
• you hold all necessary licences, permits, and permissions to produce the event;
• the event will not exceed any applicable venue capacity restrictions;
• all event information you provide is accurate and complete; and
• you will comply with all applicable laws in connection with the event.

11. Intellectual Property

11.1. Session Services owns all rights to the platform, including all software, designs, code, databases, and associated intellectual property.

11.2. You must not copy, modify, reverse engineer, disassemble, or otherwise interfere with any component of the platform.

11.3. You grant Session Services a non-exclusive, royalty-free licence to use your event content, name, and logo for the purpose of operating the platform and promoting events listed on it.

11.4. All Customer Data held within the platform is under the custody and control of Session Services. The Host may access Customer Data relating to their events in accordance with the Privacy Policy and any applicable data sharing terms.

12. Privacy and Data

12.1. The Host must comply with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and all other applicable privacy laws when handling Customer Data.

12.2. Customer Data provided to the Host is confidential and must only be used for the purpose of managing the relevant event.

12.3. The Host must comply with the Session Services Privacy Policy at all times.

12.4. By purchasing a ticket, Customers may be subscribed to communications from both Session Services and the Host. The Host must comply with the Spam Act 2003 (Cth) and provide Customers with a clear and functional opt-out mechanism.

13. Liability

13.1. The Host is solely responsible for the production, management, and delivery of each event, including artist bookings, venue arrangements, safety, and compliance with applicable laws.

13.2. To the maximum extent permitted by law, Session Services is not liable for any loss of profit, revenue, goodwill, or any indirect, incidental, or consequential loss.

13.3. To the extent Session Services' liability cannot be excluded by law, Session Services' total liability to the Host in connection with any event is limited to the total Service Fees collected by Session Services for that event.

13.4. Certain legislation may imply warranties or conditions that cannot be excluded. This agreement is subject to those statutory provisions. Nothing in these terms excludes or limits any right or remedy that cannot be excluded or limited under Australian Consumer Law.

14. Indemnity

14.1. The Host indemnifies and holds harmless Session Services and its officers, directors, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or in connection with:

• the Host's events, including any cancellation, rescheduling, or alteration;
• any breach of these terms by the Host;
• any claim by a Customer in relation to the Host's event;
• the Host's failure to obtain or maintain any required licences or permits; and
• any refund or Chargeback relating to the Host's events.

14.2. This indemnity does not apply to the extent that a claim was caused by Session Services' gross negligence or wilful misconduct.

15. Termination

15.1. Either party may terminate this agreement at any time by providing written notice. The Host may terminate by deleting their account.

15.2. Session Services may immediately suspend or terminate the Host's account if:

• the Host breaches these terms;
• the Host's use of the platform exposes Session Services to legal liability; or
• the Host becomes insolvent, enters administration, or ceases to carry on business.

15.3. Upon termination:

• clauses 7 (Refunds), 8 (Chargebacks), 11 (Intellectual Property), 12 (Privacy and Data), 13 (Liability), 14 (Indemnity), and this clause 15 survive;
• the Host must stop using the platform;
• Session Services will settle any outstanding amounts in accordance with clause 6; and
• the Host must pay any outstanding amounts owing to Session Services.

16. Dispute Resolution

16.1. If a dispute arises, the parties must use their best endeavours to resolve it in good faith before commencing legal proceedings.

16.2. Nothing in this clause limits a party's right to seek urgent interlocutory relief.

17. Tax and GST

17.1. If GST is payable on a supply made under this agreement, the recipient must pay an additional amount equal to the GST payable on that supply, subject to receiving a valid tax invoice.

17.2. The Host is solely responsible for assessing and meeting their own tax obligations. Session Services cannot provide tax advice.

18. General

18.1. This agreement is governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

18.2. Session Services may update these terms from time to time. The current version will be published on our website. Continued use of the platform after any update constitutes acceptance.

18.3. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.

18.4. The Host may not assign or transfer any rights under this agreement without Session Services' prior written consent.

18.5. Session Services may assign this agreement to an affiliate or successor entity without the Host's consent.

18.6. This agreement, together with the Conditions of Sale, Privacy Policy, and Refund Policy, constitutes the entire agreement between the parties. To the extent of any inconsistency, these Event Host Terms of Use prevail.

18.7. All amounts are displayed in the currency applicable to the transaction and include any applicable taxes unless otherwise stated.

18.8. Notices may be sent by email to the address associated with the Host's account. Session Services' contact details are published on our website.

19. Contact

If you have any questions about these terms, contact us at support@session.services.