Venue Terms

1. Who These Terms Are For

These Venue Terms ("Venue Terms") are issued by EL Industries Pty Ltd (ABN 66 655 026 823) ("we", "us", "our"), the operator of PubWatch, comprising the website at pubwatch.com.au and the PubWatch mobile application (together, the "Service"). They apply to any person who registers for or uses the Venue Console, and to the venue that person acts for (together, "you"). They apply in addition to the Terms of Use, and where the two differ, these Venue Terms prevail for the Venue Console.

You accept these Venue Terms and the Venue Privacy Policy in the Venue Console before you first request to manage a venue, and again whenever a new version takes effect. We record when you accepted and which version. Nothing can be registered or published until you have. If you do not agree, do not use the Venue Console.

2. Registering for a Venue

By registering a venue you confirm that you own it, manage it or are otherwise authorised to act for it in dealings with us, and that everything you tell us about yourself and the venue is true. Where you register with an email address on the venue's own website domain, access is switched on straight away. Any other request needs a review by the PubWatch team, who will be in contact within 24 hours and may ask for more information before access is switched on. A review is a check that the request looks genuine, not a confirmation of your authority, which remains your responsibility. We may refuse, suspend or withdraw access to a venue at any time if we are not satisfied that you are authorised, if the venue asks us to, or if these Venue Terms are not kept.

You are responsible for everything done through your login, whether or not you authorised it. Keep your sign-in details to yourself, and tell us at once if you believe someone else has used them. A manager you invite to the venue acts for the venue in the same way you do, everything they do is yours and the venue's, and you are responsible for inviting only people who are entitled to act for it. When a manager leaves the venue, remove them from the Account tab or ask us to; until you do, they can still act for the venue.

3. Sign-In

Sign-in for the Venue Console is provided by Clerk, Inc., a company based in the United States, which holds your login details on our behalf under its own terms and privacy policy. We receive your verified email address and a login identifier from Clerk, and never your password.

4. What You Warrant

Each time you register a venue or publish anything through the Venue Console, you warrant to us that:

• you are authorised to act for the venue and to bind it to these Venue Terms;
• the venue holds every licence, permit and approval it needs to sell what you publish a price for, and to run every special, promotion and placement you publish;
• everything you publish is true, current and complete, and not misleading in any way, including by what it leaves out;
• you hold every right you need in anything you supply, including any photo, caption or name, and nothing you supply infringes anyone's rights; and
• you have read these Venue Terms and understand that you, not we, are responsible for what you publish.

5. Prices and Specials You Publish

The Venue Console lets you publish prices and specials for your venue. You are the publisher of everything you publish through it. It is your own statement about your venue, made to the public under your venue's name, and we are the platform that displays it. You are solely responsible for it, for every consequence of it, and for every claim, complaint, inquiry or penalty that arises from it, whether from a patron, a regulator, a competitor or anyone else. In particular:

• A price you publish must be the price the venue actually charges for that item in that serve, including GST and any other amount the patron must pay, as it is shown to patrons at the venue. A price you publish is a representation to the public that the venue will charge it.
• A special you publish must say what it is, when it applies and any condition on it, and must be honoured as published for as long as it is shown.
• You must update or withdraw a price or special promptly when it changes or ends. Until you do, it stays published under your venue's name, and it is yours. A price that is out of date because you did not update it is still your statement.
• You must not publish anything you know or ought to know to be false or misleading, anything about another venue, or anything you are not entitled to publish.
• You are solely responsible for complying with every law that applies to what you publish, including the Australian Consumer Law, which prohibits misleading or deceptive conduct and false representations about price, and the liquor laws, licence conditions and promotion rules of your State or Territory, including any restriction on promotions that encourage rapid or excessive drinking and any requirement about responsible service of alcohol. We do not check what you publish against those laws and we do not give legal advice.
• You must keep your own record of what you published and when, so that you can answer any question about it.

Prices and specials you publish may be reviewed before publication. On the website a price you publish is marked as coming from the venue; a special, and anything shown in the PubWatch app, may carry no such mark. A review is for plausibility only, is not a check of accuracy or lawfulness, and does not make what you publish ours or shift any responsibility for it to us. They become part of the public pricing record on the same terms as submissions under section 5 of the Terms of Use, including the licence granted there, and are shown alongside other pricing information held in the record. Publication is not an endorsement by us, and we do not verify what you publish. We may hold, decline, correct, label or remove anything you publish at any time, and we may show a price from another source where we consider yours to be out of date, in each case without any liability to you. A price you withdraw stops being shown as current, but may remain in historical data and in copies of the open pricing record already fetched by others, and you accept that.

6. Alerts to App Users

You may send alerts to app users who follow your venue. You are the sender of every alert sent from your venue, and responsible for its content as if you had sent it yourself. An alert must be accurate, about your venue only, and must not be misleading, offensive or unlawful. Anything an alert promises must be honoured, and you are responsible for honouring it. Alerts may be reviewed before they are sent, and we may decline, delay, edit or withdraw an alert, and limit how many you send, without any liability to you.

7. Venue of the Week and Other Placements

Venue of the Week and any other placement are offered on the terms shown in the Venue Console at the time you book or enter, subject to availability. Where a fee applies, the fee, any GST and the refund position are shown before you confirm, and nothing is charged until you do. A placement is a promotion of your venue to the people who use the Service. It is not an endorsement, and we decide the editorial content around it and whether and where a placement runs.

If you supply a caption, section 5 applies to it as if it were a special. If you supply a photo, you confirm that you own it or have the right to supply it, and that every identifiable person in it has agreed to its use in PubWatch's promotion, and you are responsible for any claim by a person shown in it or by anyone who holds rights in it. You grant us a non-exclusive, royalty-free licence to reproduce, adapt and publish the photo on the Service and in PubWatch's social media promotion, for the week it was supplied for and in later material about the Service. We may decline or remove a caption or photo at any time.

8. Figures Shown to You

The Venue Console shows you figures about the Service and your listing, such as how many people have used PubWatch, how often your page has been viewed, and how your prices compare with venues near you. They are provided for your information only. They are drawn from analytics and from the pricing record, are approximate, may be revised as data is corrected, and are not a warranty or a promise of any result. Any decision you make on them is yours. You may quote a figure about your own venue, with the date it was shown, but must not present it as an endorsement by us.

9. Records, Queries and Regulators

If we, a patron, a regulator or anyone else raises a question about something you published, you must answer our query within two business days and resolve the matter with the person who raised it. If a regulator, a court or a law enforcement body asks us about something you published, we may give them your details and what you published, and you must cooperate with them directly. Any fine, penalty, compensation or cost that results from what you published is yours to pay.

10. Acceptable Use

You must use the Venue Console only to manage a venue you are authorised to act for. You must not: (a) register or attempt to register a venue you are not authorised to act for; (b) access or attempt to access another venue's account or figures; (c) use the Venue Console or the pricing record for any purpose other than managing your listing, including to build a product or service that competes with the Service; (d) access the Venue Console by automated means; or (e) interfere with the Service or the systems that provide it. Section 6 of the Terms of Use also applies.

11. Intellectual Property

You keep ownership of what you publish. You grant us the licence in section 5 of the Terms of Use over prices, specials and alerts, and the licence in section 7 above over photos. The Service, the pricing record and the PubWatch name and logo are ours, as described in section 7 of the Terms of Use, and nothing in these Venue Terms transfers any right in them to you. Your venue's name appears on the Service to identify the venue, and we may use it, and a description of what you publish, to describe the Service.

12. Responsibility, Indemnity and Liability

You are responsible for the venue's use of the Venue Console and for everything published or sent through it under the venue's name, by you or by any manager. You indemnify us, and our directors, employees and contractors, against every claim, loss, damage, cost, fine, penalty and liability, including reasonable legal costs, arising from or connected with anything you or a manager publishes or sends through the Venue Console, any breach of these Venue Terms or of the warranties in section 4, any claim that you were not authorised to act for the venue, and any claim by a patron, a regulator, a rights holder or any other person about the venue, its prices, its specials, its promotions or its conduct. This indemnity continues after your account is closed.

Nothing in these Venue Terms excludes, restricts or modifies any consumer guarantee or other right you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Subject to that: (a) the Venue Console and the figures in it are provided "as is", without warranty as to accuracy, currency or completeness; (b) we exclude all liability for any loss arising from your use of the Venue Console or from anything published through it, including loss of business, revenue, profit or reputation, and including any loss arising from the publication, correction, labelling, delay or removal of what you publish; (c) we have no liability for any fine, penalty, compensation or cost that arises from what you publish; and (d) where our liability cannot be excluded but can be limited, it is limited, at our option, to resupplying the relevant services or paying the cost of having them resupplied, or, for a paid placement, to the fee you paid for it.

13. Suspension and Closing Your Account

We may suspend or close your access to the Venue Console, or remove a venue from your account, if these Venue Terms are not kept, if the venue asks us to, if we are not satisfied that you are authorised to act for it, or to protect the Service or its users, without any liability to you. You may leave a venue or close your account at any time from the Account tab. Closing your account removes your details and your login. Prices, specials and other information already published stay in the pricing record, and the venue's listing stays on the Service and can be registered again, by you or by someone else who is authorised. Your responsibility for what was published while you managed the venue continues after you leave it or close your account.

14. Privacy

Our handling of information about you as a venue manager is described in the Venue Privacy Policy, which forms part of these Venue Terms.

15. Changes to These Venue Terms

We may update these Venue Terms from time to time. The current version will always be available on this page, and the effective date above will be updated accordingly. Where a change is material we will tell you by email to the address you sign in with before it takes effect, and the Venue Console will ask you to accept the new version before you continue. Your continued use of the Venue Console after a change takes effect constitutes acceptance of the updated Venue Terms.

16. Governing Law and Contact

These Venue Terms are governed by the laws in force in Western Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State. Questions about these Venue Terms may be directed to [email protected].