Terms and Conditions for Event Organisers
The following terms and conditions (“Terms”) govern the use of www.topc.co.nz (“Website”) by all event organisers (“Organisers”) that register to use the services offered by TOPC Limited (“TOPC”):
Please note that these terms and conditions were last updated on 01 March 2018
- Services: TOPC provides a simple yet effective means for Organisers to plan and promote their events and to process registrations to events from customers (“Registrations”), all through the Website (the “Services”). Organisers may only use the Services in accordance with these Terms. All rights not expressly granted to Organisers in these Terms are reserved by TOPC.
- Using the Services: In order to use the Services, Organisers must access the Website and upload the requisite information in relation to their event (as prompted by the Website). Once the event information has been posted, TOPC will then process Registrations for customers on behalf of the Organiser and will promptly dispense confirmations to customers via email following their purchase.
- Commission: TOPC will charge Organisers fees in accordance with the pricing schedule set out here on the Website (“Commission”), and a 2.9% fee for all payment card transactions that are processed via TOPC’s merchant service account (“Fees”). Commission and Fees are exclusive of all taxes unless otherwise stated. Commission and Fees must be paid following the completion or cancellation of an event. The Organiser:
- authorises TOPC to deduct its Commission and Fees from the monetary proceeds received from Registrations if such Registrations are processed via TOPC’s merchant service account; or
- must promptly pay to TOPC all Commissions in relation to the event following receipt of TOPC’s invoice.
- Holding of funds: Where Registrations are processed via TOPC’s merchant service account, TOPC will hold all Registrations (as they accrue) (“Proceeds”) in a separate trust account. TOPC will only transfer the Proceeds into the Organiser’s nominated bank account following the completion of the Organiser’s event (less TOPC’s Commission and Fees). TOPC will not be accountable to Organisers for any interest earned on the Proceeds while it is being held on trust.
- Processing refunds: The Organiser is solely responsible for setting its event’s refund policy. The Organiser is solely responsible for processing refunds in connection with its events.
- TOPC will only process refunds if the Organiser has instructed TOPC to process the refund in writing.
- Where TOPC processes any refunds it will refund payments onto the same payment card or account that was used by the customer to make the purchase, less any processing and transaction fees.
- TOPC will not be held liable in any way for refunds, errors in issuing refunds or lack of refunds in connection with the Services (other than in relation to its own negligence or default).
- Use generally: The Organiser agrees to use the Services solely for its own business purposes and in accordance with these Terms and applicable laws (including the Unsolicited Electronic Messages Act 2007 and Privacy Act 1993).
- No malicious use: All Organisers must use the Services solely through the interface provided by TOPC, and must not use them for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other user the Services.
- No illegal use: Organiser’s may not use the Services for any unlawful purpose, or post any information or event that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person, or that is misleading or deceptive.
- Intellectual property: All Organisers agree that TOPC is the owner or, where relevant, licensor of all the intellectual property rights existing in the Website and Services. Any suggestions, ideas or feedback relating to the Services given by the Organiser, and any enhancements or modifications that TOPC creates as a result, shall be owned solely by TOPC. TOPC does not claim ownership of any intellectual property rights in relation to the information or content that an Organiser uploads to the Website, however the Organiser grants us a royalty free licence to use, copy, distribute or disclose it for the purposes of operating the Website and the Services.
- Responsibility and indemnity: As TOPC is each Organiser’s agent, the Organiser is responsible for any and all claims and liabilities involving or relating to any event or their use of the Website or Services. Each Organiser will indemnify and hold harmless TOPC against all forms of liability, actions, proceedings, demands, costs, charges and expenses which TOPC may incur or be subject to or suffer as a result of the relevant Organiser’s event or their use of the Website or Services.
- TOPC Liability: To the maximum extent permitted by law, TOPC shall not be liable, whether in contract, tort (including negligence) or otherwise, for any direct, indirect, consequential, special, exemplary or incidental damages, or for any lost profits, savings, revenue or data, legal fees or court costs in relation to any claim arising out of or in connection with these Terms, the Services, the Website or any services, features or content of the Website. If for any reason the foregoing limitation is not valid or enforceable, then TOPC’s maximum aggregate liability to the Organiser in respect of any single claim or series of related claims will be the lesser of NZ$1,000 or the Commission paid in respect of the period of six months prior to the occurrence of the event or circumstance giving rise to the claim or series of related claims.
- Amendments: TOPC reserves the right to amend these Terms and the Services it provides at any time with or without notice to Organisers, and may also add new features that will be subject to the Terms. Any Organiser who continues to use the Website or Services after any changes will be taken to have agreed to the changes. Organisers can always find the current version of the Organiser Terms here.
- No waiver: If TOPC does not insist that an Organiser performs any of its obligations under these Terms, or if TOPC does not immediately enforce its rights against an Organiser, that will not mean that TOPC has waived its rights against that Organiser and will not mean that the Organiser does not have to comply with those obligations.
- Severability: Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- New Zealand law: These Terms are governed by New Zealand law. Organisers agree that the High Court of New Zealand will have exclusive jurisdiction.