Terms of Service
Last Updated: 23/09/2022
These Terms of Service (“Terms”) govern your use of the services made available by Smartvisit International Pty Ltd and its affiliates (“Smartvisit,” “we,” or “us”) for the use of digital tickets or passes (each a “Pass”) to certain events, venues, and experiences (“Attractions”) (together, the “Services”).
By using the Services, you acknowledge that you have read and understand these Terms and agree to abide by them. Your continued use of the App and the Services constitutes your acceptance of these Terms. If you do not agree with any part of these Terms, you agree to immediately stop using the App and the Services. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
In addition to these Terms, you may be required to agree to additional terms and conditions applicable to a particular Pass or Attraction or to specific portions or features of the Services. Such additional terms and conditions are hereby incorporated into these Terms, and you agree to abide by such additional terms and conditions.
1.2. Updates to the Terms
We may modify these Terms at any time. We will post any changes to these Terms on our website and in the App and will indicate the date the Terms were last revised. Your continued use of the Services after any such change constitutes your acceptance of the updated Terms.
1.3. Notice of Binding Arbitration
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL DISPUTES OR CLAIMS RELATED TO THESE TERMS OR ARISING OUT OF YOUR USE OF THE APP OR SERVICES MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION. SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND MAY NOT BE PURSUED AS A CLASS ACTION.
PLEASE CAREFULLY REVIEW SECTION 10 BELOW. YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS IN RELATION TO THESE TERMS.
1.4. No Support Obligation
Except as specifically provided in these Terms, Smartvisit is under no obligation to provide you with any support or maintenance in connection with the Services. Any support or assistance that we provide to you in connection with your use of the App or the Services is not a commitment to ongoing or future support or assistance unless expressly provided by us in writing.
2. The Services
2.1. Passes and Attractions
The App allows you to manage, access, and use digital “Passes” that provide entrance or access to attractions, tours, shopping, dining, and cultural experiences (“Attractions”), subject to the specific terms and conditions applicable to a particular Pass or Attraction. You may obtain Passes through our website, directly from Attractions, or from third-party sites or services that sell Passes. The App allows you to link purchases made through such third parties or our website in order to display your Passes in the App. Once a Pass is activated, you will be entitled to use it for a limited amount of time in accordance with the specific terms applicable to that Pass.
Some Attractions allow or require advanced booking of reservations when using a Pass (“Bookings”). Where Bookings are allowed or required by an Attraction, the App also allows you to make, view, and manage such Bookings or provides instructions on how to do so. We reserve the right to cancel any Booking that we, in our sole discretion, determine or believe was made outside the valid time period of the applicable Pass or in connection with a fraudulent Pass.
The Attractions presented or shown to be included in a particular Pass upon purchase may vary from time to time, and as such you should confirm availability of the Attraction in the App or via the operator of the Attraction prior to date of intended visit. The App may provide you with promotional information related to your Passes or certain Attractions, including special offers to upgrade your existing Passes. If you choose any such promotional opportunity, you will be redirected from the App to a website where you may complete the transaction. Any such transaction will be governed by the terms and conditions, including payment terms, applicable to that website.
As a convenience, the App may provide you with relevant information about Attractions including, but not limited to, operating hours, location, navigation directions, availability, and current operational status (“Attraction Details”). We obtain Attraction Details from the third-party operators of Attractions and make no guarantee that Attraction Details provided in the App or otherwise through the Services are accurate or current, and we shall not be liable for any inaccuracies in the Attraction Details. Moreover, although we may provide Attraction Details as part of the Services, we are under no obligation to provide any particular information with respect to any particular Attraction. You alone are responsible for confirming directly with an Attraction any important information that may be necessary for you to use a Pass, such as hours of operation, availability, or the need to make a reservation to gain admittance.
Attractions are operated by third parties that are not affiliated with Smartvisit. We make no representations with regard to any third-party goods or services provided in connection with any Attraction.
Through the use of the Services, you are acknowledging your agreement that:
I) Passes must be used within 12 months of the date of purchase unless otherwise noted in the specific set of rules further detailed on each Pass prior to or following purchase;
ll) The validity of the access included in each Pass will be based on the specific set of rules further detailed on each Pass prior to purchase, including a potential limited number of Attractions that may be visited over a certain number of days or a limited number of days after first use;
lll) A minimum of one hour must pass between redeeming any of the benefits on the Pass unless otherwise noted in the specific set of rules further detailed on each Pass prior to or following purchase;
V) You may not return to one Attraction for a second time unless otherwise noted;
Vl) All sales are final. Refunds will not be provided for any unused benefits or lost Passes;
Vll) Refunds are at the sole discretion of the seller of your Pass or as required by applicable law.
2.2. User Account Registration
Smartvisit reserves the right at any time to take any and all actions it deems necessary or reasonable to maintain the security of the Services and your Account, including without limitation suspending, disabling, or terminating your Account, changing your username or password, or requesting information or documentation to validate activity connected to your Account.
You must maintain your Account in good standing in accordance with these Terms in order to access and use Passes linked to your Account.
The Services are currently provided to you free of charge. However, in the future, we may add new features, functions, services, or other offerings to the Services that may cost separate fees or charges. You will be informed of any changes or updates to the Services that may require you to pay fees or charges before you incur any such fees or charges.
Although Smartvisit provides the App and Services free of charge to you, you are solely responsible for paying all costs, fees, and charges related to the Passes and Attractions or any third-party expenses you incur in connection with using the Services.
2.4. Responsibility for Your Account
You agree to provide us with true, accurate and complete information as requested in the registration process and to set up your Account, and to update such information promptly from time to time as necessary to keep it current and accurate. You are solely responsible for creating a strong password and maintaining adequate security of your Account. You are solely responsible for any authorized or unauthorized access to or use of your Account by any person and for all fees and charges incurred for the Services by your Account. You are also responsible for any sales taxes, use taxes, or other taxes applicable to your use of the Services. You further understand and agree that we are not responsible for any loss of access to an Attraction, loss of use of a Pass, or lost bookings or reservations due to unauthorized access to or use of your Account. You agree to notify us promptly regarding any unauthorized access to or use of your Account or any other breach of security that you become aware of related to the Services.
Unless otherwise expressly authorized by us, you may not sell or attempt to sell your Account or access to your Account to any third party.
SMARTVISIT EXPLICITLY DISCLAIMS LIABILITY FOR ANY AND ALL LOSSES, DAMAGES, OR COSTS ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
The Services are intended for use only by persons over the age of 13. If you are under the age of 13 you may not use the Services. By using the Services you represent that you are over the age of 13.
To the extent permitted by applicable law, a person under the age of 18 but older than 13 years may use Passes, register for an Account, and use the Services if the App is installed by the person’s parent or legal guardian over the age of 18 and only if the parent or legal guardian accepts and agrees to these Terms. If you, as a parent or legal guardian over the age of 18 permit your child or legal ward to use the App and the Services, you hereby agree to these Terms on behalf of yourself and your child or legal award. You understand and agree that you alone are responsible for all uses of the Services by your child or legal ward, whether or not you authorized any particular use of the Services by your child or legal ward.
By using the Services you represent that you are over the age of 18 and are legally capable of agreeing to and abiding by these Terms and have the right, authority, and capacity to agree to them.
3. Third-Party Materials
The App may display, include, or make available third-party content (including information, applications, or other products, services, or materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Smartvisit does not assume and shall not have any liability or responsibility to you or any other person or entity for Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you hereby acknowledge and agree that you access and use them entirely at your own risk and subject to such third-parties’ terms and conditions.
4. Intellectual Property
The Services and all content related thereto, including without limitation, all text, software, graphics, photos, sounds, interactive features and any trademarks, service marks and logos contained in the Services (collectively, “Materials”) are owned by Smartvisit or licensed to us, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.
4.2. Restrictions on Use of Materials
You may not copy, reproduce, republish, upload, post, transmit, or distribute the Materials in any way without the prior written consent of Smartvisit. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features intended to prevent or restrict use or copying of any Materials. Modification of any Materials or use of the Materials that is not expressly authorized by us before such modification or use is a violation of our copyrights and proprietary rights (or the rights of other entities or persons, where indicated). All design rights, databases and compilation and other intellectual property rights associated with the Services, in each case whether registered or unregistered and related goodwill, are proprietary to Smartvisit.
4.3. Grant of Limited License
Subject to the requirements and restrictions of these Terms, Smartvisit grants you a non-exclusive, revocable, limited license to access and use the Services solely for the purposes set forth in these Terms. This license will terminate upon any termination of the Terms or upon any suspension, termination, or cancellation of your Account or your access to the Services.
4.4. Additional Restrictions
You agree not to do any of the following: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the App or any other aspect of the Services or any part thereof; (b) attempt to derive the source code or structure of the App or any other aspect of the Services or any part thereof; (c) remove from the Services, or alter, any of Smartvisit’s or any of our licensors’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings; or (d) distribute, sublicense or otherwise transfer access to the Services to others.
From time to time we may invite you or provide you with the ability to give feedback or suggestions to us regarding the Services, including suggested corrections, improvements, or modifications (collectively, “Feedback”). You are under no obligation to provide us with any Feedback. However, in the event that you provide any Feedback to us, regardless of the method or presentation of the Feedback, you hereby grant to Smartvisit a worldwide, fully-paid-up and royalty-free, perpetual, irrevocable, non-terminable, non-exclusive right to integrate, use, apply, or otherwise exploit all such Feedback in Smartvisit’s products and services, including the Services, without restriction.
6.1. Service Interruptions and Availability
The Services may be temporarily unavailable from time to time for maintenance or other reasons. Smartvisit assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Services. Smartvisit is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, including injury or damage to your or to any other person’s computer, mobile device, or other hardware or software, related to or resulting from using the Services. Under no circumstance will Smartvisit be responsible for any loss or damage resulting from your use of the Services.
6.2. Modifications or Discontinuation of the Services
We reserve the right to modify or discontinue the Services, in whole or in part, at any time without notice. In the event that we modify or discontinue any portion of the Services in a way that affects unused or active Passes linked to your account that you have purchased, we will make commercially reasonable efforts to ensure that you are able to use such Passes as intended. However, we may modify your Account or the Services at any time, and without prior notice to you, in any way we deem appropriate for the provision of the Services or take any other action with respect to the Services, except as prohibited by applicable law, even if such action on our part affects the perceived value or performance of your Passes or Account, and you hereby acknowledge and agree that Smartvisit shall not be liable to you or any other person for taking such action.
Additionally, we may deactivate, suspend, or cancel any of your Passes, your Account, or your access to any features of the Services if, in our sole discretion and after an appropriate investigation, we find or reasonably believe that you have violated these Terms, misused your Account, or have otherwise used any feature of the Services in connection with any illegal activity.
6.3. Service Provided As-Is
Except to the extent prohibited by applicable law, you agree that use of the Services is at your sole risk and the Services are provided on an “as-is” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, title, non-infringement, fitness for a particular purpose, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Smartvisit does not represent or warrant that the Services will: (i) meet your requirements, (ii) achieve any intended results, (iii) be compatible or work with any other software, applications, systems, or services, (iv) operate without interruption, (v) meet any performance or reliability standards, (vi) be accurate, complete, reliable, current, or error-free, or that any errors or defects can or will be corrected, or (vii) be free of viruses or other harmful components.
To the extent that applicable law does not allow limitations of implied warranties, some or all of the limitations or exclusions in this section may not apply to you.
7. Limitations on Liability
IN NO EVENT WILL SMARTVISIT OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR OTHER SPECIAL OR INDIRECT DAMAGES (INCLUDING FOR ANY LOST BUSINESS PROFITS) OR FOR PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SMARTVISIT IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Some of the above limitations or exclusions may not apply to you if the law of such a jurisdiction applies to you and these Terms.
8. Term and Termination
The term of agreement with respect to these Terms begins when you either (i) download and install the App, having clicked the appropriate button or link indicating that you have read these Terms, or (ii) commence using the Services, and will continue in effect until terminated by you or us.
You may terminate this agreement by deleting the App and all copies of it from your mobile device(s). However, any subsequent download and use of the App or the Services by you constitutes a new agreement to these Terms, whether or not you indicate at that time that you have read and agree to these Terms.
We may terminate your access to the Services for any reason or no reason, at any time, in our sole discretion, with or without notice.
Upon termination, all rights granted to you under these Terms will also terminate, and you must cease all use of the Services and delete all copies of the App from your mobile device(s). However, termination will not limit any of our rights or remedies at law or in equity.
9. Governing Law
Any and all controversies, disputes, demands, claims, or causes of action between you and Smartvisit (including its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives) related to the Services or these Terms, including the interpretation of these Terms or the scope and applicability of the arbitration provisions of Section 10, (“Disputes”) shall be governed and construed in accordance with the laws of the State of California without reference to any conflicts of law provisions therein.
10. Dispute Resolution and Class Action Waiver
10.1. Agreement to Arbitrate Disputes
Please carefully review this entire Section 10, as it contains important information about your rights and obligations.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS IN CONNECTION WITH THESE TERMS OR THE SERVICES (EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND ONLY SO LONG AS SUCH MATTER IS PENDING IN THAT COURT), AND INSTEAD AGREE TO SUBMIT TO BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.
Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures may be simpler and more limited than rules applicable in a court of law. An arbitrator’s decision is as enforceable as any court order and is subject to a very limited review by a court.
YOU SPECIFICALLY AGREE TO THE ARBITRATION PROVISIONS OF THIS SECTION 10 AS A CONDITION OF ACCESSING OR USING THE SERVICES.
10.2. Informal Dispute Procedures
For any and all Disputes, you agree to first contact us at email@example.com as soon as you become aware of such Dispute. Likewise, if we become aware of a Dispute, we agree to promptly attempt to contact you. Within sixty (60) days after one party notifies the other of a potential Dispute, you and we agree to use reasonable efforts to attempt to resolve the Dispute in good faith, without resorting to arbitration. If we are unable to resolve the dispute informally within sixty (60) days after such notice, the complaining party may seek remedies exclusively through binding arbitration as set forth in this section.
Except as otherwise expressly provided by applicable law, a party demanding arbitration under this section must make such demand within a reasonable time after the Dispute arose and may not make a demand for arbitration more than two years after the complaining party knew or should have known of the Dispute.
The arbitration will be subject to and governed by the Federal Arbitration Act and not any state arbitration law. Except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by JAMS, and conducted before a single arbitrator, all pursuant to the JAMS Comprehensive Arbitration Rules and Procedures that are in effect at the time arbitration is initiated (the “JAMS Rules”). For more information on JAMS, the JAMS Rules, or the process for filing an arbitration claim, you may call JAMS at (800) 352‑5267 or visit the JAMS website at www.jamsadr.com.
10.4. No Class Actions or Class-Wide Relief
You and Smartvisit agree to the following with respect to any Dispute:
(a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING;
(b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD CLASS-WIDE RELIEF;
(c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;
(d) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration;
(e) the arbitrator will honor claims of privilege and privacy recognized at law;
(f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award;
(g) subject to the limitation of liability provision of these Terms, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law or the JAMS Rules; and
(h) each party will pay its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.
If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
This Section 10 will survive termination of these Terms, your rights to access or use the Services, and any voluntary payment of any debt in full by you or any bankruptcy proceeding of either party. With the exception of the subpart of this section prohibiting arbitration on a class or collective basis, if any part of this Section 10 is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS Rules, then the balance of this Section 10 will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein.
You agree to indemnify and hold harmless Smartvisit, and its directors, officers, agents, contractors, partners and employees from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of your conduct in connection with the Services, or any violation of these Terms or of any law or rights of any third-party.
12.1. Entire Agreement and Non-Waiver
These Terms constitute the entire agreement between you and Smartvisit regarding your use of the Services, superseding any prior agreements between you and us relating to your use of the Services. The failure of Smartvisit to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Any notices we send to you will be sent to the email address provided by you in connection with your Account. If we fail to reach you, we may attempt to contact you using the other contact information you have provided. To the fullest extent allowed by applicable law, any notice sent by us to the most recent contact information provided to us by you will be deemed received by you no more than twenty-four (24) hours after the notice is sent.
12.3. Transfer and Assignability
We may transfer or delegate our rights and obligations under these Terms to another party at any time without prior notice to you. You may not transfer or assign your rights or obligations under these Terms to any other person or party without our prior written consent.
If any portion of any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original provision and all other provisions of these Terms will continue in full force and effect.
If you have any questions regarding the Services or these Terms or otherwise need to contact or notify us, please contact us by sending an email to firstname.lastname@example.org.