The following terms and conditions (“Terms”) govern the use of lilregie.com (“Website”) by all event organisers (“Organisers”) that register to use the services offered by Lil Regie Limited (“Lil Regie”):
Please note that these terms and conditions were last updated on 13 September 2017
- Services: Lil Regie 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 Lil Regie.
- 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, Lil Regie will then process Registrations for customers on behalf of the Organiser and will promptly dispense confirmations to customers via email following their purchase.
- Commission: Lil Regie will charge Organisers fees in accordance with the pricing schedule set out here on the Website (“Commission”), and a 2.75% fee for all payment card transactions that are processed via Lil Regie’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 Lil Regie to deduct its Commission and Fees from the monetary proceeds received from Registrations if such Registrations are processed via Lil Regie’s merchant service account, or via the Organiser's Stripe account; or
- must promptly pay to Lil Regie all Commissions in relation to the event following receipt of Lil Regie’s invoice.
- Holding of funds: Where Registrations are processed via Lil Regie’s merchant service account, Lil Regie will hold all Registrations (as they accrue) (“Proceeds”) in a separate trust account. Lil Regie will only transfer the Proceeds into the Organiser’s nominated bank account following the completion of the Organiser’s event (less Lil Regie’s Commission and Fees). Lil Regie 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 if the Organiser chooses to use:
- its own merchant service account or a third party merchant service account to process Registrations; or
- a direct invoice option where the customer pays the Organiser directly for Registrations.
- Lil Regie will only process refunds if Registrations have been processed via Lil Regie’s merchant service account and the Organiser has instructed Lil Regie to process the refund in writing.
Where Lil Regie processes refunds:
- Lil Regie will refund any Registrations onto the same payment card that was used by the customer to make the purchase; and
- the Organiser remains responsible for paying Lil Regie the Commission and Fees in respect of the refunded Registration, which may be deducted from the monetary proceeds owed to the Organiser received from other Registrations.
- Lil Regie 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 Lil Regie, 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 Lil Regie 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 Lil Regie creates as a result, shall be owned solely by Lil Regie. Lil Regie 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 Lil Regie 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 Lil Regie against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Lil Regie 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.
- Lil Regie Liability: To the maximum extent permitted by law, Lil Regie 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 Lil Regie’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: Lil Regie reserves the right to amend these Terms and the Services it provides at any time for operational purposes, and may also add new features that will be subject to the Terms. If these changes will impact privacy, security or safety concerns, we’ll let you know. 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 Lil Regie does not insist that an Organiser performs any of its obligations under these Terms, or if Lil Regie does not immediately enforce its rights against an Organiser, that will not mean that Lil Regie 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.