Event Professionals Terms of Use

1. Introduction and Acceptance

1.1 These Provider Terms of Use ("Terms") govern your access to and use of the EliteSource platform, website, and all associated services located at elitesource.com.au (the "Platform"), operated by EliteSource.com.au ("EliteSource", "we", "us", "our").

1.2 These Terms apply specifically to businesses, companies, venues, and organisations that register on the Platform as event service providers ("Provider", "you", "your"). Separate terms apply to event hosts and buyers.

1.3 By completing the provider registration form, clicking 'I Agree', accessing the Platform in any capacity, or receiving any lead notification sent by EliteSource, you confirm that you have the authority to bind the business entity you represent and that you agree to these Terms unconditionally.

1.4 If you do not agree with any part of these Terms, you must not register as a Provider and must not use the Platform in any capacity.

2. Definitions

• Platform: The EliteSource website, application, and all associated technology at elitesource.com.au.
• Provider: Any business, company, venue, or organisation registered on the Platform to receive event lead notifications.
• Event Host / Buyer: An individual or organisation that submits an event request through the Platform seeking proposals from Providers.
• Lead: An event request notification, brief, or enquiry distributed by EliteSource to one or more Providers.
• Lead Notification: Any email, communication, or system notification sent by EliteSource to a Provider containing details of an Event Host's event request.
• Free Tier: The no-cost listing available to all registered Providers, subject to the limitations in Section 7.
• Introductory Period: The first three (3) calendar months from the Provider's registration date, during which the Free Tier is provided.
• Premium Tier: The paid subscription tier described in Section 8, providing priority access to Lead Notifications.
• Verification Process: EliteSource's basic review of a Provider's website and publicly available business information prior to activating the listing, as described in Section 5.
• Provider Listing: The Provider's profile page or tile displayed on the Platform's provider directory.
• Transaction: Any agreement, contract, booking, payment, or commercial arrangement made between a Provider and an Event Host.
• ACL: The Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

3. Nature of the Platform, What EliteSource Is and Is Not

3.1 EliteSource is a lead generation and communications platform only. We connect event service businesses with individuals and organisations that are seeking event services. EliteSource's role is limited entirely to facilitating the initial communication between an Event Host and a Provider by distributing the Event Host's event request.

3.2 EliteSource is not an event management company, venue, booking agent, broker, or procurement intermediary. We do not plan, coordinate, manage, execute, or supervise any event.

3.3 EliteSource is not a party to any Transaction. Any agreement, contract, booking, or financial arrangement made between a Provider and an Event Host is formed exclusively between those two parties. EliteSource has no rights, obligations, or liabilities arising from any such Transaction.

3.4 EliteSource does not endorse, recommend, certify, or guarantee any Provider. The inclusion of a Provider on the Platform does not constitute any representation by EliteSource as to the Provider's quality, capability, reliability, suitability, or fitness for any purpose.

3.5 EliteSource does not endorse, recommend, verify, or guarantee any Event Host. EliteSource does not verify that Event Hosts are genuine buyers, that they have the budget described in their request, that they have authority to commission the services described, or that they will proceed with any booking.

4. Provider Eligibility and Registration

4.1 To register as a Provider on the Platform, you must:

• Be a legally constituted business entity, company, partnership, sole trader, or other recognised legal form, registered in Australia or New Zealand, or operating in Australia or New Zealand as a foreign entity lawfully authorised to do so;
• Hold an active Australian Business Number (ABN) or New Zealand Business Number (NZBN), or be a business entity whose registration is verifiable through equivalent official records;
• Operate a business that provides event-related services, including but not limited to event planning and management, venue hire, catering, audiovisual and production services, team building experiences, styling and decoration, entertainment, or related hospitality services;
• Maintain a live, functional, and publicly accessible business website at the time of registration and throughout your listing on the Platform;
• Have the legal authority to bind the business entity you represent to these Terms; and
• Comply with all applicable Australian and New Zealand laws in operating your business.

4.2 Sole traders may register provided they meet all eligibility criteria above. The term 'Provider' in these Terms includes sole traders. However, the Provider acknowledges that EliteSource positions all listed entities as business service providers and not as individual contractors or employees.

4.3 By registering, you represent and warrant that all information submitted during the registration process is accurate, current, and complete. You must notify EliteSource promptly at support@elitesource.com.au if any registered information changes, including your business name, website URL, contact details, or service specialisations.

4.4 EliteSource reserves the right to refuse any registration or decline to list any Provider at its sole and absolute discretion, without being required to provide a reason.

5. Verification Process

5.1 Upon receipt of a provider registration, EliteSource will conduct a basic verification of the Provider's business prior to making the Provider Listing live on the Platform. This verification is a courtesy process designed to maintain basic quality standards in the provider directory and does not constitute a guarantee of quality, endorsement, or ongoing monitoring.

5.2 The verification process consists of:

• Confirming that the Provider's nominated website is live, functional, and consistent with the event services category selected during registration;
• Conducting a basic review of the Provider's publicly available online presence, including website content, business registration status, and general business history as available through public sources; and
• Confirming that the Provider holds an active ABN or NZBN, using publicly available business registration lookup services.

5.3 The verification process described in Clause 5.2 is:

• Conducted at EliteSource's sole discretion using publicly available information only;
• Not an audit, accreditation, background check, or endorsement of any kind;
• Not a representation that the Provider is qualified, licensed, insured, or fit to deliver any specific service;
• Not repeated or updated after initial activation unless EliteSource elects to do so at its discretion; and
• Not a guarantee that the Provider Listing will be activated, EliteSource may decline to activate any listing without explanation.

5.4 EliteSource will use reasonable endeavours to complete the initial verification and activate a Provider Listing within five (5) business days of a complete registration submission. This timeframe is a target only and does not constitute a binding commitment.

5.5 EliteSource may suspend, deactivate, or remove a Provider Listing at any time if it becomes aware that the Provider's business is no longer operating, the Provider's website is no longer live, the Provider has received substantiated complaints from Event Hosts, or the Provider is in breach of these Terms.

6. Free Tier, Introductory Period (First Three Months)

6.1 Upon successful activation of a Provider Listing, the Provider is enrolled in the Free Tier for an introductory period of three (3) calendar months from the date of activation (the "Introductory Period").

6.2 During the Introductory Period, the Provider will receive Lead Notifications distributed by EliteSource at EliteSource's sole discretion, subject to the lead distribution process described in Section 9.

6.3 The Introductory Period is a goodwill provision extended by EliteSource to allow Providers to experience the Platform. It does not create any contractual entitlement to a minimum number of leads, guaranteed lead quality, or continued access to any particular feature of the Platform.

6.4 EliteSource may modify, limit, or discontinue the Introductory Period at any time for future registrations. Providers already within their Introductory Period at the time of any such change will not be affected for the remainder of their existing three-month period.

7. Free Tier, Ongoing (After the Introductory Period)

7.1 Upon expiry of the Introductory Period, the Provider's listing continues on the Free Tier indefinitely unless the Provider upgrades to the Premium Tier in accordance with Section 8, removes their listing, or EliteSource removes the listing under these Terms.

7.2 The Free Tier after the Introductory Period is a courtesy service provided by EliteSource at no charge. It carries no guaranteed service level, no guaranteed lead volume, and no guaranteed lead timing.

7.3 Specifically, under the Free Tier after the Introductory Period, the Provider acknowledges and accepts that:

• Lead Notifications will only be distributed to Free Tier Providers at EliteSource's absolute discretion and after Premium Tier Providers have had the opportunity to respond;
• The timing of Lead Notifications to Free Tier Providers may be delayed by twenty-four (24) to forty-eight (48) hours or more after an Event Host's request is posted on the Platform;
• By the time a Lead Notification is distributed to a Free Tier Provider, the Event Host may have already received proposals from Premium Tier Providers and may have progressed to shortlisting, engagement, or booking with those providers;
• There is no guarantee that any Lead Notification will be distributed to any Free Tier Provider for any particular Event Host request;
• The frequency of Lead Notifications to Free Tier Providers may be zero in any given period; and
• EliteSource may change the timing, frequency, or method of Free Tier lead distribution at any time without notice.

7.4 The Free Tier ongoing does not include priority placement in the provider directory, advanced analytics, CRM integration, or any feature designated as Premium-only by EliteSource from time to time.

7.5 EliteSource expressly disclaims any obligation to distribute any minimum number of leads to any Free Tier Provider in any period. The Free Tier is provided on an 'as available, as determined by EliteSource' basis with no service commitment of any kind.

8. Premium Tier

8.1 Eligibility for Premium

8.1 The Premium Tier is available only to Providers who have been registered and actively listed on the Platform for a minimum of three (3) continuous calendar months from their activation date (the "Minimum Eligibility Period").

8.2 The Minimum Eligibility Period exists to ensure that Providers have had an opportunity to familiarise themselves with the Platform and that EliteSource has had sufficient opportunity to observe the Provider's responsiveness and professional conduct.

8.3 EliteSource may waive the Minimum Eligibility Period in exceptional circumstances at its sole discretion.

8.2 Applying for Premium

8.4 Providers wishing to upgrade to the Premium Tier must contact EliteSource directly by email at support@elitesource.com.au with the subject line 'Premium Upgrade Request'.

8.5 The application email must include:

• The registered business name associated with the Provider account;
• The email address used to register the Provider account; and
• Confirmation of the preferred billing cycle (monthly or annual).

8.6 EliteSource will review the application and confirm acceptance or rejection within five (5) business days. EliteSource reserves the right to decline any Premium application at its sole discretion without providing a reason.

8.7 Premium access will be activated upon receipt of the first payment as described in Section 8.3. Lead notification priority will not commence until payment is confirmed.

8.3 Premium Pricing and Billing

8.8 All prices are in Australian dollars (AUD) and are inclusive of GST (Goods and Services Tax) at the rate of 10%, where applicable. EliteSource will issue a valid tax invoice for each payment.

8.9 Payments are processed by EliteSource's nominated payment processor. By subscribing to the Premium Tier, the Provider authorises EliteSource or its payment processor to charge the nominated payment method on the applicable billing cycle.

8.10 If a monthly payment fails or is declined, EliteSource will make one (1) retry attempt within three (3) business days. If the retry fails, Premium access will be immediately suspended and the Provider's listing will revert to the Free Tier until payment is successfully processed. EliteSource is not liable for any loss of leads or business opportunity arising from payment failure and resulting suspension.

8.11 EliteSource reserves the right to adjust Premium Tier pricing at any time, subject to providing at least thirty (30) days written notice to existing Premium subscribers at the email address associated with their account. If a Provider does not accept the new pricing, they may cancel their Premium subscription in accordance with Section 8.5 before the new pricing takes effect.

8.12 No refund will be provided for any unused portion of a prepaid Premium subscription period, including but not limited to cancellation mid-month (for monthly billing) or cancellation before the end of an annual period (for annual billing), except where required by the ACL.

8.4 Premium Tier Benefits

8.13 Subject to the disclaimers and limitations in these Terms, Premium Tier Providers receive the following benefits:

• Priority Lead Notification: Premium Tier Providers are among the first to receive Lead Notifications for event requests that match their registered service type and location profile. Lead Notifications to Premium providers are sent immediately or as soon as practicable after an Event Host's request is submitted and matched.
• Priority Window: Premium Tier Providers have a lead priority window of twenty-four (24) hours from the time their Lead Notification is sent, during which Free Tier Providers will not ordinarily receive the same Lead Notification. This window is an operational target only and is not a guaranteed exclusive period, see Clause 8.14.
• Priority placement in the EliteSource provider directory on the Platform, subject to EliteSource's directory ranking methodology as determined from time to time.
• Access to any additional features or analytics designated as Premium-only by EliteSource from time to time, as communicated to Premium subscribers.

8.14 The Provider explicitly acknowledges and accepts that:

• Priority Lead Notification does not mean exclusive Lead Notification. Multiple Premium Tier Providers may receive the same Lead Notification simultaneously for any given Event Host request;
• The twenty-four (24) hour priority window is an operational target that EliteSource will endeavour to maintain but cannot guarantee in all circumstances, including due to technical issues, high lead volume, or system changes;
• Priority status does not guarantee that an Event Host will contact, engage, prefer, or select the Provider over any other Provider;
• Priority status does not guarantee any minimum number of Lead Notifications in any period; and
• EliteSource may modify the priority window duration, the method of lead distribution, or the definition of premium benefits at any time by providing thirty (30) days written notice to Premium subscribers.

8.5 Cancellation of Premium Subscription

8.15 A Provider may cancel their Premium subscription at any time by sending a cancellation request by email to support@elitesource.com.au with the subject line 'Premium Cancellation Request'.

8.16 The cancellation email must include:

• The registered business name;
• The email address associated with the Provider account; and
• The intended last billing date or notice period.

8.17 Cancellation takes effect at the end of the calendar month following the month in which the cancellation request is received and confirmed by EliteSource (giving one full calendar month of notice). For example, if a cancellation request is received and confirmed on 15 March, the subscription will continue until the end of April.

8.18 During the notice period, the Provider will continue to receive Premium Tier benefits and will be charged for the final billing period in the ordinary course. No refund will be issued for the notice period or any prepaid annual amount.

8.19 Upon cancellation, the Provider's listing will revert automatically to the Free Tier. The Provider Listing will remain visible in the provider directory unless the Provider also requests removal of their listing under Section 15.

8.20 EliteSource may terminate a Premium subscription immediately and without notice if the Provider is in material breach of these Terms, engages in conduct detrimental to EliteSource or its users, or if a payment obligation remains outstanding after the retry period in Clause 8.10.

9. Lead Distribution Process

9.1 When an Event Host submits an event request on the Platform, EliteSource will use reasonable endeavours to match the request to Providers in the network based on the Provider's registered service type, location, and event specialisations.

9.2 Lead Notifications are distributed in the following order of priority:

• Step 1, Matched Premium Tier Providers receive a Lead Notification immediately or as soon as practicable after submission.
• Step 2, If no Premium Tier Provider submits a proposal within the priority window, or at EliteSource's discretion, a Lead Notification may be distributed to Free Tier Providers after a period of not less than twenty-four (24) hours and potentially up to forty-eight (48) hours or beyond.
• Step 3, EliteSource may, at its absolute discretion, decline to distribute a Lead Notification to any Free Tier Provider where the Event Host has already received a sufficient number of proposals, has confirmed an engagement with a Provider, or where EliteSource determines distribution is not in the best interests of the Platform.

9.3 The lead distribution process described in Clause 9.2 represents EliteSource's current operational approach. EliteSource reserves the right to modify the lead distribution process, including the priority window duration, the number of Providers notified, and the order of distribution, at any time without notice.

9.4 EliteSource does not guarantee that any Provider will receive any Lead Notification for any Event Host request. Matching is based on registered profile information, Providers are responsible for keeping their service types, locations, and event specialisations accurate and up to date.

9.5 EliteSource is not responsible for Lead Notifications that are not received due to email delivery failure, spam filtering, incorrect contact details, or any other technical or provider-side issue. The Provider is responsible for ensuring their nominated email address is monitored, functional, and not filtering EliteSource communications.

9.6 The Provider acknowledges that upon receiving a Lead Notification, the Provider must arrange all further communication, negotiation, quoting, contracting, and service delivery directly with the Event Host without EliteSource's involvement.

10. Provider Obligations

10.1 By registering and maintaining a listing on the Platform, the Provider agrees to:

• Provide accurate, current, and complete information in its Provider Listing, including business name, contact details, service types, locations, and description;
• Maintain a live, functional business website for the duration of its listing;
• Hold all licences, permits, insurance policies (including public liability insurance), and qualifications required by law to operate its business and deliver the services it offers;
• Conduct all dealings with Event Hosts professionally, ethically, and in accordance with applicable Australian and New Zealand law;
• Honour any proposal or quote submitted to an Event Host through the Platform, subject to any conditions or terms stated in that proposal;
• Notify EliteSource promptly if the Provider's business ceases to operate, changes its name, changes its core services, or is subject to any insolvency, administration, or similar proceeding;
• Not use the Platform, or any Event Host contact information obtained through the Platform, for any purpose other than responding to the specific Lead Notification in connection with which the information was provided; and
• Comply with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and any equivalent New Zealand legislation in handling any personal information of Event Hosts received through the Platform.

10.2 The Provider must not:

• Submit false, misleading, deceptive, or exaggerated information in its Provider Listing or in any proposal submitted to an Event Host;
• Contact Event Hosts for purposes unrelated to the event described in the Lead Notification;
• Add Event Host contact details to any marketing list, email newsletter, or CRM system without the Event Host's express consent;
• Represent to Event Hosts that EliteSource endorses, guarantees, or recommends the Provider;
• Engage in conduct that may damage the reputation of EliteSource or any other Provider listed on the Platform; or
• Use the Platform or any Lead Notification information to facilitate illegal, deceptive, or unfair commercial practices.

11. Absolute Disclaimer of Warranties and Guarantees

11.1 To the maximum extent permitted by applicable law, EliteSource expressly disclaims all warranties, representations, guarantees, and conditions of any kind, whether express, implied, statutory, or otherwise, in relation to the Platform and the services provided under these Terms, including but not limited to:

• Any warranty that the Platform will be uninterrupted, error-free, secure, or available at any particular time;
• Any warranty or guarantee that any Lead Notification will result in any enquiry, proposal request, response, booking, Transaction, or revenue for the Provider;
• Any warranty or representation that Event Hosts who submit event requests are genuine buyers, have the financial capacity to proceed with a booking, or have any intention of booking any event services;
• Any warranty that the information provided by Event Hosts in their event requests is accurate, complete, current, or reliable;
• Any warranty that the Provider will receive a minimum number of Lead Notifications in any period, or any Lead Notifications at all;
• Any warranty that the Provider Listing will appear in any particular position in the Platform's provider directory;
• Any warranty that any Event Host will view, respond to, or consider the Provider's proposal; and
• Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

11.2 The Provider accepts that the event industry involves inherent commercial uncertainty. EliteSource's role is limited to facilitating the initial connection between Providers and Event Hosts. The Provider assumes all commercial, financial, and operational risk that arises after a Lead Notification is received.

11.3 EliteSource makes no representation that the use of the Platform will result in any financial benefit, increased revenue, business growth, or commercial advantage for any Provider.

12. Limitation of Liability

12.1 To the maximum extent permitted by applicable law, including the Australian Consumer Law, EliteSource and its directors, officers, employees, contractors, agents, successors, and assigns expressly exclude all liability for:

• Any loss of revenue, loss of profit, loss of business opportunity, loss of anticipated savings, or loss of goodwill arising from the Provider's use of or inability to use the Platform;
• Any loss arising from the failure of any Event Host to proceed with a booking, respond to a proposal, or honour any commitment made to the Provider;
• Any loss arising from the conduct, misrepresentation, fraud, or insolvency of any Event Host;
• Any loss arising from the Provider's reliance on any Lead Notification, including the failure of a Lead Notification to generate a Transaction;
• Any loss arising from a delay, failure, or non-delivery of any Lead Notification due to technical failure, email delivery issues, spam filtering, or any other cause;
• Any loss arising from the removal, suspension, or deactivation of a Provider Listing by EliteSource;
• Any indirect, consequential, incidental, special, exemplary, or punitive loss or damage, however arising; and
• Any loss suffered by the Provider arising from transactions, contracts, or dealings entered into between the Provider and any Event Host, regardless of how that Event Host came to be introduced to the Provider through the Platform.

12.2 Where EliteSource's liability cannot be excluded under the Australian Consumer Law or other applicable mandatory law, EliteSource's total aggregate liability to the Provider for all claims arising under or in connection with these Terms is limited, at EliteSource's election, to:

• The total Premium Tier subscription fees actually paid by the Provider to EliteSource in the three (3) calendar months immediately preceding the event giving rise to the claim; or
• For Free Tier Providers, the sum of AUD $100.

12.3 The limitations in this Section 12 apply regardless of the form of action, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, and regardless of whether EliteSource was advised of the possibility of such loss or damage.

12.4 Nothing in these Terms excludes, restricts, or modifies any right or remedy the Provider may have under the ACL that cannot be excluded by agreement, including any consumer guarantee that applies to a supply of services to the extent that the Provider is a 'consumer' within the meaning of the ACL.

13. Provider Indemnification

13.1 The Provider agrees to indemnify, defend, and hold harmless EliteSource and its directors, officers, employees, contractors, and agents from and against any and all claims, actions, proceedings, losses, damages, costs (including legal costs on a solicitor-client basis), and liabilities arising out of or in connection with:

• The Provider's breach of any provision of these Terms;
• The Provider's breach of any applicable law, regulation, or code in the conduct of its business;
• Any Transaction or dealing between the Provider and any Event Host, including any dispute, complaint, or legal action arising from that Transaction;
• Any representation made by the Provider to an Event Host that is false, misleading, or deceptive;
• Any claim by an Event Host that the Provider failed to deliver services as promised, overcharged, or engaged in unfair conduct; and
• Any claim that the Provider's use of the Platform infringed the intellectual property or privacy rights of any third party.

13.2 This indemnification obligation survives termination of the Provider's registration and these Terms.

14. Provider and Event Host Relationship

14.1 All dealings between a Provider and an Event Host, including negotiation, quoting, contracting, service delivery, payment, and dispute resolution, are conducted solely between the Provider and the Event Host.

14.2 EliteSource is not involved in, and has no responsibility for, any aspect of the relationship between the Provider and the Event Host after a Lead Notification is distributed. EliteSource will not mediate, arbitrate, or resolve any dispute between a Provider and an Event Host.

14.3 The Provider is solely responsible for:

• The accuracy and completeness of any proposal or quote submitted to an Event Host;
• Delivering any services promised to an Event Host in accordance with the terms agreed between them;
• Managing all financial arrangements, including invoicing, payment collection, and refunds, directly with the Event Host;
• Ensuring all services are delivered in compliance with applicable law, including occupational health and safety laws, food safety laws, liquor licensing laws, and any other regulatory requirements relevant to the event type; and
• Resolving any dispute, complaint, or legal claim raised by an Event Host in connection with any Transaction.

14.4 No employment, agency, partnership, joint venture, or similar relationship is created between EliteSource and any Provider by virtue of these Terms or the Provider's use of the Platform.

15. Provider Listing, Removal and Suspension

15.1 Voluntary Removal by Provider

15.1 A Provider may remove their listing from the Platform at any time by contacting EliteSource at support@elitesource.com.au and requesting removal. EliteSource will deactivate the Provider Listing within five (5) business days of receiving a removal request.

15.2 Voluntary removal of a listing does not entitle the Provider to any refund of Premium subscription fees for any remaining prepaid period.

15.3 Following removal, EliteSource will retain the Provider's registration data in accordance with its Privacy Policy and applicable data retention obligations. Provider data is not automatically deleted upon listing removal.

15.2 Removal or Suspension by EliteSource

15.4 EliteSource reserves the right, at its absolute discretion and without notice, to suspend, deactivate, or permanently remove any Provider Listing at any time for any reason, including but not limited to:

• Breach of any provision of these Terms;
• Receipt of complaints from Event Hosts regarding the Provider's conduct, responsiveness, or service quality;
• Determination that the Provider's business is no longer operating, has ceased trading, or has become insolvent;
• The Provider's website becoming inactive, inaccessible, or inconsistent with the services listed;
• Any conduct by the Provider that EliteSource determines, in its sole discretion, is harmful to the reputation or operation of the Platform; or
• EliteSource's decision to discontinue the Platform or any aspect of it.

15.5 Where EliteSource removes or suspends a Provider Listing for reasons other than breach of these Terms, EliteSource will use reasonable endeavours to provide notice to the Provider's registered email address. No such notice obligation applies where removal is due to breach.

15.6 EliteSource is not liable for any loss suffered by the Provider as a result of a listing suspension or removal, including any loss of potential leads, revenue, or business opportunity.

16. Intellectual Property

16.1 All intellectual property in the Platform, including but not limited to the EliteSource brand, logo, website design, software, database structure, and all associated content, is owned by or licensed to EliteSource and is protected by applicable intellectual property laws.

16.2 The Provider is granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for the purpose of operating as a registered Provider. This licence does not include any right to reproduce, modify, distribute, sublicense, or commercialise any EliteSource intellectual property.

16.3 By submitting business information, a logo, and a description to the Platform as part of the Provider Listing, the Provider grants EliteSource a non-exclusive, royalty-free, worldwide licence to display, reproduce, and use that content on the Platform and in EliteSource's promotional materials (including social media, email communications, and marketing collateral) for the duration of the Provider Listing. This licence terminates upon removal of the Provider Listing.

16.4 The Provider warrants that all content submitted for the Provider Listing is owned by the Provider or the Provider has the right to grant the licence in Clause 16.3, and that such content does not infringe the intellectual property rights of any third party.

17. Privacy

17.1 EliteSource's collection, use, and disclosure of personal information in connection with Provider registration and use of the Platform is governed by EliteSource's Privacy Policy, available at elitesource.com.au/privacy-policy, and by the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

17.2 The Provider acknowledges that it will receive personal information of Event Hosts (including name, email address, phone number if provided, and event details) through Lead Notifications. The Provider agrees to:

• Use such personal information solely for the purpose of responding to the specific Lead Notification in connection with which it was provided;
• Not add the Event Host's personal information to any marketing database, newsletter list, or CRM system without the Event Host's express consent;
• Handle Event Host personal information in compliance with the Privacy Act 1988 (Cth) and any applicable New Zealand privacy legislation; and
• Delete or de-identify Event Host personal information where it is no longer required for the purpose for which it was received.

18. Amendments to These Terms

18.1 EliteSource reserves the right to amend these Terms at any time. Amended Terms will be published at elitesource.com.au/provider-terms with a revised effective date.

18.2 For material changes to these Terms, EliteSource will provide at least fourteen (14) days written notice to registered Providers at their registered email address before the amended Terms take effect. For changes to Premium pricing, the notice period is thirty (30) days as specified in Clause 8.11.

18.3 A Provider's continued use of the Platform, receipt of Lead Notifications, or maintenance of an active listing following the effective date of amended Terms constitutes acceptance of those Terms. If a Provider does not accept the amended Terms, they must remove their listing before the amended Terms take effect.

19. Governing Law and Jurisdiction

19.1 These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflict of law principles.

19.2 Each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia, for the resolution of any dispute arising out of or in connection with these Terms or the Provider's use of the Platform.

19.3 For Providers registered in New Zealand, nothing in this clause operates to exclude any rights the Provider may have under the Consumer Guarantees Act 1993 (NZ), the Fair Trading Act 1986 (NZ), or the Contract and Commercial Law Act 2017 (NZ) to the extent those rights are mandatory and cannot be contracted out of.

20. Dispute Resolution

20.1 In the event of a dispute arising out of or in connection with these Terms, the Provider must first notify EliteSource in writing at legal@elitesource.com.au, providing a detailed description of the dispute and the outcome sought.

20.2 EliteSource will acknowledge the dispute within five (5) business days and will use reasonable endeavours to resolve it within twenty (20) business days. Both parties agree to engage in good faith discussions before commencing any legal proceedings.

20.3 If a dispute cannot be resolved through direct negotiation, either party may refer the dispute to mediation conducted by a mutually agreed mediator. The costs of mediation will be shared equally unless otherwise agreed.

20.4 Nothing in this Section prevents either party from seeking urgent injunctive or declaratory relief from a court of competent jurisdiction where necessary to protect that party's rights.

21. General Provisions

Entire Agreement

21.1 These Terms, together with EliteSource's Privacy Policy and any written communication from EliteSource confirming Premium subscription terms, constitute the entire agreement between EliteSource and the Provider and supersede all prior discussions, representations, and agreements relating to the subject matter.

Severability

21.2 If any provision of these Terms is found to be invalid, void, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

No Waiver

21.3 EliteSource's failure to enforce any right or provision of these Terms at any time does not constitute a waiver of that right or provision.

No Assignment

21.4 The Provider may not assign or transfer any rights or obligations under these Terms without EliteSource's prior written consent. EliteSource may assign these Terms to a related entity, successor, or acquirer without the Provider's consent.

Force Majeure

21.5 EliteSource is not liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including natural disasters, government action, cyberattacks, telecommunications failure, or pandemic.

Relationship of Parties

21.6 Nothing in these Terms creates any employment, agency, partnership, or joint venture relationship between EliteSource and any Provider. Each party operates as an independent entity.

Survival

21.7 Clauses 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Provider and Event Host Relationship), 16 (Intellectual Property), and 19 (Governing Law) survive the termination or expiry of these Terms.

22. Contact Information

For all enquiries relating to these Terms, Premium applications, Premium cancellations, listing removal, or any other provider matter: