Organizer Agreement

The short version. This agreement applies to you if you sell Tickets to Events through Nyvo (or run a paid listing of any kind). Nyvo is a booking and payment facilitator; you are the merchant of record for the Events you list, and you sell directly to Buyers. You must comply with the law, honour the Tickets you sell, set and honour a refund policy, and use attendee data only for the Event. We charge a Platform Fee on each Ticket sold, and Stripe processes the payment through Stripe Connect Express.

This Organizer Agreement (the Agreement) is between Nyvo (ABN 25 545 382 512), trading as Nyvo, and you, in your capacity as an Organizer. It is part of the legal Documents that govern your use of the Service and must be read together with our Terms of Service, Privacy Policy, Acceptable Use Policy and Definitions. Capitalised terms used here have the meanings given in the Definitions.

If there is any conflict between this Agreement and the Terms of Service in relation to a matter that is specific to listing or selling Events, this Agreement prevails.

You accept this Agreement when you (a) submit your first paid Event for listing, (b) connect your Stripe Connect Express account, or (c) tap "I agree" on the Organizer onboarding screen — whichever happens first.

---

1. Who this applies to

1.1 This Agreement applies to any User who:

• lists a paid Event on the Service;
• connects a Stripe Connect Express account to the Service; or
• lists a business that uses Nyvo's transactional features.

1.2 If you are acting for or on behalf of a company, partnership, association or other entity, you warrant that:

• you have authority to bind that entity; and
• both you and the entity are bound by this Agreement. References to "you" mean both you personally and the entity.

---

2. Our role and your role

2.1 Nyvo is a booking and payment facilitator. We provide the listing, discovery, booking, ticketing and check‑in features and connect you to Stripe for payments. We are not the merchant of record for your Events, we are not the seller of the Tickets, and we are not the supplier of the Events you list.

2.2 You are the merchant of record. The contract of sale for each Ticket is between you (the Organizer) and the Buyer. You are responsible for delivering the Event you advertise.

2.3 No agency. This Agreement does not make you an agent, partner, joint venturer, franchisee or employee of Nyvo, or vice versa. Each party acts as an independent contractor.

2.4 No warranty of demand. Nyvo makes no promise about the number of Tickets you will sell, the visibility of your listing or the conversion rate of your Event.

---

3. Eligibility and onboarding

3.1 To list a paid Event, you must:

• be at least 18 years old;
• have the legal capacity to enter into this Agreement (and, where you act for an entity, have authority to bind it);
• not be a person Nyvo or Stripe is prohibited from dealing with under applicable sanctions, anti‑money‑laundering or counter‑terrorism financing laws;
• complete Stripe Connect Express onboarding, including providing the identity and business verification information Stripe requires; and
• maintain an active Stripe Connect Express account in good standing.

3.2 KYC. Stripe (not Nyvo) performs identity verification, "know your customer" and beneficial‑ownership checks under Stripe's own program. You are responsible for providing accurate information to Stripe and keeping it current. If Stripe restricts, suspends or terminates your Stripe Connect Express account, we will reflect that on the Service (which may mean your future paid Events are suspended).

3.3 Accuracy. All information you provide to Nyvo and to Stripe must be true, complete and current. You must update it promptly if it changes.

---

4. Your obligations

4.1 Honest, accurate listings

Each Event listing you create must:

• state the date, time, location and capacity accurately;
• describe what is included in the Ticket;
• include the refund policy that applies to the Event (see clause 7);
• comply with the Acceptable Use Policy; and
• not be misleading or deceptive about price, headliners, venue or anything else material to the Buyer's decision.

4.2 Compliance with law

You are responsible for complying with every law that applies to the Event and your business, including:

• venue licensing and public assembly rules;
• alcohol service (Responsible Service of Alcohol requirements; State liquor licensing such as the Liquor Act 2007 (NSW) or the Liquor Control Reform Act 1998 (Vic));
• food safety (e.g. Food Standards Australia New Zealand code, State food safety requirements);
• public liability insurance and risk management;
• working with children checks where attendees include children;
• occupational health and safety;
• consumer protection (including the ACL);
• anti‑discrimination law;
• COVID‑safe or other public‑health requirements in force at the time of the Event;
• ticketing‑specific laws such as the Major Events Act 2009 (NSW) and the Major Sporting Events Act 2009 (Vic), where applicable;
• the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth) in relation to any communications you send Buyers or any Personal Information you collect outside the Service; and
• tax law (see clause 8).

Nyvo does not check, advise on or verify that you are compliant with these laws. You should obtain your own legal advice.

4.3 Honour the Tickets you sell

If a Ticket is valid at the door (the QR code verifies, the Ticket is in PAID status and the Event is open for check‑in), you must admit the holder. You must not oversell capacity. If you have to refuse entry for legal or safety reasons, you must offer the Buyer a refund consistent with clause 7 and the ACL.

4.4 Communicate with Buyers

You must respond to Buyer enquiries about your Event within a reasonable time. If you need to cancel, reschedule or materially change the Event, you must tell ticketed Buyers (and Nyvo Support at hello@nyvo.com.au) as soon as possible.

4.5 No deceptive resales

You must not arrange or encourage Ticket resales that breach the resale rules in clause 5.5 of the Terms of Service or any applicable anti‑scalping law.

---

5. Attendee data

5.1 At the check‑in screen, Nyvo shows you the name and profile picture of the Ticket holder and the Ticket's status. That is the only Personal Information Nyvo discloses to you through the Service in relation to a Buyer.

5.2 You must:

• treat that information as confidential;
• use it only to check the Buyer into the Event and to operate the Event (for example, to honour refunds or to allow re‑entry);
• not export, scrape, copy or store it outside the Service;
• not use it to market to the Buyer or to contact them about anything unrelated to that Event, unless the Buyer has separately given you consent that complies with the Spam Act 2003 (Cth) and the Privacy Act; and
• delete or stop using it when you no longer have a legitimate reason to hold it.

5.3 If you collect Personal Information from Buyers outside the Service (for example, through your own RSVP form, mailing list, or door‑sign‑in sheet), you are the independent controller of that information. Nyvo is not responsible for how you collect, hold or use it. You must comply with the Privacy Act, the LGPD (if you collect data from Brazil‑resident individuals) and any other privacy law that applies to you.

5.4 If you experience a data breach involving Buyer information, you must notify Nyvo at hello@nyvo.com.au as soon as practicable and cooperate with us in any required notification to affected individuals or to the OAIC.

---

6. Pricing and Platform Fee

6.1 You set the Ticket price for each Event.

6.2 Nyvo charges a Platform Fee on each Ticket sold. As at the date of this Agreement, the Platform Fee is 4.5% of the Ticket price + A$0.50 per Ticket. The Platform Fee is added to the displayed Ticket price (pass‑to‑buyer model) so the Buyer pays the Ticket price plus the Platform Fee.

6.3 We may change the Platform Fee from time to time. For changes to existing Events with Tickets on sale, we will give at least 30 days' notice; the new fee applies only to Tickets sold after the effective date.

6.4 Stripe processing fees are charged by Stripe and may be deducted from your payout under Stripe's terms. Nyvo does not control Stripe's pricing.

6.5 Payouts. Stripe holds funds in your Stripe Connect Express account and pays them to your nominated bank account on Stripe's standard payout schedule. Nyvo does not hold or receive Ticket revenue (other than the Platform Fee, which Stripe routes to Nyvo at the time of payment).

6.6 Currency. The Service displays prices in Australian dollars (AUD) unless we tell you otherwise.

---

7. Refunds and cancellations

7.1 Your refund policy

You must publish, in the Event description, a refund policy that:

• complies with the ACL (which gives consumers non‑excludable rights regardless of what your policy says);
• is clear about whether and when Buyers can get a refund (for example, change of mind, illness, transferability); and
• does not attempt to exclude statutory remedies.

If you do not publish a policy, the default position is that Tickets are non‑refundable except where the ACL requires a refund or where the Event is cancelled, rescheduled or materially changed.

7.2 Cancellation, rescheduling and material change

If you cancel an Event, reschedule it to a date or time Buyers cannot reasonably attend, or materially change it (for example, a different venue, a different headline act, a different format), each Buyer is entitled to a refund of the Ticket price. You must process those refunds (Nyvo will facilitate the Stripe refund at your instruction) within a reasonable time, and in any case within 14 days of the cancellation, reschedule or material change.

7.3 The Platform Fee

Where Nyvo elects to waive the Platform Fee (our standard practice for Events cancelled by the Organizer), the Buyer receives the Platform Fee back as well. Otherwise the Platform Fee is not refunded to the Buyer or to you, except where the law requires.

7.4 Nyvo's facilitation rights

Where you fail to issue a refund that the ACL or your published policy requires, Nyvo may refund the Buyer directly through Stripe (including from funds owed to you or, where Stripe permits, by debit of your Stripe Connect Express balance) without further notice to you, and you authorise us to do so. We will tell you when we do.

7.5 Chargebacks

You authorise Nyvo and Stripe to share the Event listing, attendee record, communications and refund history with each other and with the Buyer's bank for the purpose of defending chargeback disputes. A chargeback loss may be debited from your account by Stripe. Excessive chargebacks may trigger suspension under clause 10.

---

8. Tax

8.1 You are responsible for all tax obligations on Ticket sales, including:

• determining whether you must register for GST and charging GST where required;
• issuing tax invoices to Buyers on request and as required by the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
• declaring income for income tax;
• meeting State payroll tax, gaming or other transaction‑based taxes that apply to the Event; and
• meeting overseas tax obligations if you sell to Buyers in other countries.

8.2 Where Nyvo's Platform Fee is subject to GST, we will issue you a tax invoice for the Platform Fee on request and to the extent required by law.

---

9. Promotion and marketing

9.1 You grant Nyvo a worldwide, non‑exclusive, royalty‑free licence to host, store, reproduce, communicate, distribute and create derivative works of (for resizing, cropping and translation only) your Event listing content (including title, description, cover image, your business name and logo to the extent included in the listing), for the purpose of:

• making the Event discoverable on the Service;
• featuring it in the feed, search, recommendations and digest emails;
• promoting it on Nyvo's own social channels and website; and
• producing aggregated reports and analytics about the Service.

9.2 You warrant that you have the rights necessary to grant the licence in clause 9.1, including any necessary rights in third‑party logos, photographs or trade marks shown in the listing.

9.3 You must not advertise or promote your Event in a way that is misleading or deceptive, that infringes third‑party rights, or that breaches the Acceptable Use Policy.

---

10. Suspension and termination

10.1 We may suspend, restrict, demote or terminate your status as an Organizer (or any specific Event listing) if:

• you breach this Agreement, the Terms of Service or the Acceptable Use Policy;
• Stripe restricts or terminates your Stripe Connect Express account;
• we receive credible reports that an Event is unsafe, illegal or fraudulent;
• you have a pattern of refund failures or excessive chargebacks;
• a court, regulator or law‑enforcement agency requires us to; or
• you have not used the Service as an Organizer for an extended period and your Stripe Connect Express account has lapsed.

10.2 Notice and appeal. Where the law permits, we will tell you the reason for the suspension or termination and how to appeal. You can appeal by emailing hello@nyvo.com.au; we aim to respond within 7 days.

10.3 Effect on existing Tickets. Where you are suspended or terminated:

• Events that have already started or whose Tickets are already sold will be honoured where it is safe and lawful to do so;
• if we cannot allow the Event to proceed, we will work with you and Stripe to refund affected Buyers (which may include using funds held by Stripe in your Stripe Connect Express account);
• you remain responsible for any liabilities to Buyers that arose before suspension or termination.

10.4 Survival. Clauses that by their nature should survive (including clauses 5.3, 6.5, 7.4, 8, 11 and 12) survive termination.

---

11. Indemnity

You indemnify Nyvo against any loss, damage, claim, liability, cost or expense (including reasonable legal fees) that Nyvo suffers or incurs as a result of:

• your Event (including injury to attendees, property damage, or any failure to deliver what was advertised);
• your breach of this Agreement or any law;
• any failure to refund a Buyer where a refund is required;
• any third‑party claim that your Event listing, Content or marketing infringes their rights; or
• your collection, use or disclosure of Personal Information about Buyers outside the Service.

This clause survives termination.

---

12. Liability

12.1 Australian Consumer Law. Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy that applies to you under the ACL or other applicable consumer protection law, where it cannot lawfully be excluded.

12.2 Cap. Subject to clause 12.1, Nyvo's total aggregate liability to you under or in connection with this Agreement is limited to the greater of (a) the total Platform Fees you have paid to Nyvo in the 12 months immediately before the event giving rise to the liability, and (b) A$100.

12.3 Exclusions. Subject to clause 12.1, Nyvo is not liable for any indirect, consequential, special, incidental, punitive or exemplary loss, or for loss of profits, revenue, business opportunity, goodwill, anticipated savings or data, however caused.

12.4 Where the ACL applies and a non‑excludable guarantee has not been met, our liability is limited (where lawful) to, at our option: re‑supplying the relevant services, paying the cost of having the services re‑supplied, or refunding the Platform Fees you paid to Nyvo for the relevant transaction.

---

13. Insurance

13.1 We strongly recommend you hold public liability insurance for your Events.

13.2 You are responsible for assessing the level of insurance required for each Event and for maintaining it. For ticketed Events with expected attendance over 100 people, we expect you to hold public liability insurance of at least A$10,000,000 per occurrence (or such other amount as your venue or local council requires, whichever is higher), and we may ask for evidence.

---

14. Notices

14.1 You can contact Nyvo at hello@nyvo.com.au (legal), hello@nyvo.com.au (privacy) or hello@nyvo.com.au (support).

14.2 We may give you notices by email, push notification, in‑app message or by posting them in the Service.

---

15. Governing law and disputes

15.1 This Agreement is governed by the laws in force in the State of New South Wales, Australia, and the laws of the Commonwealth of Australia that apply there.

15.2 The parties submit to the non‑exclusive jurisdiction of the courts of New South Wales.

15.3 Before starting court proceedings, both parties will try in good faith to resolve any dispute for at least 30 days. Either party may apply for urgent interlocutory relief at any time.

15.4 Nothing in this clause limits any non‑excludable right you have to bring a complaint to a regulator (including the OAIC, the ACCC, ASIC, the State consumer affairs office or — for Organizers resident in Brazil — the ANPD or Brazilian consumer protection authorities).

---

16. Other terms

• Severability. If any part of this Agreement is unenforceable, the rest continues.
• Variation. We may update this Agreement; we will give at least 30 days' notice of material changes. Continued use of the Service as an Organizer after the effective date means you accept the changes.
• Assignment. You may not assign or transfer your rights without our consent. We may assign to a related body corporate or a buyer of the Nyvo business on notice.
• Entire agreement. This Agreement, together with the other Documents and any feature‑specific terms we present to you, is the entire agreement between you and Nyvo about being an Organizer on the Service.

---

Change log