Terms of Service | Ludo Leisure Suite

Sendrato Australia Pty Ltd (ABN 98 605 555 833)

Part A: End User Terms of Service

Sendrato Australia Pty Ltd (the Company, we, us, or our) operates the Ludo Leisure Suite platform, including smart wristband, card, UID, and mobile wallet solutions for use at events and venues. These End User Terms of Service govern the use of any wristband, card, UID, or mobile wallet supplied by the Company, together with the Ludo mobile applications and related systems.

The Ludo mobile applications on the Apple App Store and Google Play are published by our affiliate Ludo Leisure Suite Pty Ltd. These Terms apply to use of the applications and the underlying Ludo services, which are operated by Sendrato Australia Pty Ltd.

1. Definitions

The following terms are used regularly throughout these End User Terms of Service and have a particular meaning:

ABN means Australian Business Number.
Agreement means the agreement formed between each User and the Company on the terms of these End User Terms of Service.
App means the Ludo mobile application for iOS or Android, published by Ludo Leisure Suite Pty Ltd on behalf of the Company.
Business Day means a day (other than a Saturday, Sunday, or public holiday) on which banks are open for general banking business in Melbourne, Australia.
Company means Sendrato Australia Pty Ltd ABN 98 605 555 833.
End User means each user of a UID, card, wristband, or App.
End User Terms of Service means these terms and conditions, as updated from time to time, available at ludo.computer/legal/terms.
Event means an event owned, licensed-to, organised, operated, or promoted by an Organiser where a UID, card, wristband, or App may be used.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, designs, circuit layouts, databases, registered and unregistered trademarks, brand names, business names, domain names, and other forms of intellectual property.
Ludo Platform means the web services and systems operated by the Company, including the App, that interface with a UID, card, or wristband.
Organiser means the organiser of an Event.
Organiser Agreement means the agreement between the Company and an Organiser setting out the terms on which the Organiser may provide UIDs, cards, wristbands, or App access to End Users.
Platform Termsmeans the Company's terms governing Organiser use of the Ludo Platform, available in Part B of these terms.
Privacy Act means the Privacy Act 1988 (Cth).
Privacy Policymeans the Company's privacy policy, as updated from time to time, available at ludo.computer/legal/privacy.
Remaining Balance means any funds belonging to an End User that remain on a UID, card, wristband, or App wallet at the conclusion of the Event.
Service Fee means a fee that may be charged for orders placed through a UID, card, wristband, or App account on the Ludo Platform. This helps us run our platform and provide related services. End Users are responsible for paying for all orders and Service Fees made using their account. The Service Fee is not a credit card payment surcharge. All charges relating to card transactions are paid for by the Company and are not included in the Service Fee.
Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
UID, card, wristband, or App means a smart UID, card, wristband, or mobile wallet supplied or operated by the Company for use at an Event, including the Ludo Platform.
User means any End User or Organiser that uses a UID, card, wristband, or App.
Vendor means an End User that is enabled to accept cashless payments from UIDs, cards, wristbands, or App wallets.

2. Using UIDs, Cards, Wristbands, and Apps

2.1 General

(a) Each User agrees that all use of a UID, card, wristband, or App is subject to these End User Terms of Service. The Company provides services to each End User on behalf of the Organiser.

(b) In addition to this Agreement, an End User's use of a UID, card, wristband, or App may also be subject to an agreement with an Organiser.

(c) If there is any conflict between this Agreement and any agreement between the End User and an Organiser, this Agreement prevails to the extent of the inconsistency.

2.2 Features

Depending on features enabled by the Company on behalf of an Organiser, a UID, card, wristband, or App may:

(a) Create a Ludo account;

(b) Provide an End User with access to an Event;

(d) Allow an End User to access features, integrations, and offers provided by third parties engaged by the Organiser;

(e) Provide visitor communications, maps, schedules, and support;

(f) Allow an End User to use other features made available by the Company from time to time.

2.3 Cashless Transactions

(a) A UID, card, wristband, or App wallet may enable an End User to make or receive payments during an Event.

(b) Funds may be loaded onto a UID, card, wristband, or App wallet using equipment and cashier services made available by the Company at an Event, or via supported digital payment methods.

(d) In consideration of providing the features available through a UID, card, wristband, or App, the Company may charge a Service Fee on purchases. End Users are notified of the applicable rate at the point of loading or purchase.

(e) A Vendor may accept payments using equipment supplied by the Company on behalf of the Organiser. That equipment may be subject to additional terms between the Vendor and the Organiser or the Company.

(f) At the conclusion of an Event the Company allows End Users to redeem their Remaining Balance using the equipment or systems provided, subject to section 2.4.

(g) The Company will issue a Tax Invoice to an End User for all Service Fees when funds are redeemed at the conclusion of an Event, or otherwise on request.

2.4 Returning Remaining Balance

(a) The Company will use best endeavours to return any Remaining Balance on an End User's UID, card, wristband, or App wallet following the conclusion of the Event. The Company's ability to return a Remaining Balance depends on the End User providing sufficient information to complete the transaction, including an email address and any information required for AML/KYC compliance.

(b) The End User acknowledges that:

It is the End User's responsibility to redeem any Remaining Balance at the conclusion of the Event;
The Company is not responsible for ensuring that any Remaining Balance is returned after the conclusion of the Event; and
The Company makes no warranty that the End User will receive any Remaining Balance if the transaction initiated to return it fails.

2.5 Refunds

(a) The Company is not responsible for any transaction between an End User and a Vendor. The Vendor remains responsible for any refund that an End User may be entitled to by law for goods or services sold by the Vendor.

(b) The Company's liability to provide a refund is limited to the value of a Service Fee, and the Company does not provide refunds of a Service Fee except where required by law (including under the Australian Consumer Law).

(c) An End User may contact the Company at gday@ludo.computer to request a refund of a Service Fee. We will investigate and either process the refund or explain why we consider the End User is not entitled to one.

2.6 Acknowledgements by End Users

The End User acknowledges and accepts that:

(a) The End User uses a UID, card, wristband, or App at their own risk. The Company is not responsible for the End User's access to all or any part of an Event.

(b) The Company is not responsible for a dispute over a transaction. Any dispute in relation to a transaction must be dealt with between the End User and the relevant Vendor or Organiser.

(c) Any Personal Information about an End User provided by an Organiser or the End User to the Company is provided with the End User's consent.

(d) Any Personal Information provided to the Company will be handled in accordance with the Privacy Policy.

(e) The Company may retain Personal Information to provide services to the End User at subsequent Events, in accordance with the Privacy Policy.

(f) The Company may collect information about the End User during an Event, including:

Access to and movement within an Event;
Payments made and received;
Preferences and patterns of use;
Other information enabled by a UID, card, wristband, or App.

(g) The End User authorises the Company to provide data collected from the End User to the Organiser for Event-related purposes. The Company is not responsible for the Organiser's use of that data.

(h) Any dispute that relates to an End User's use of a UID, card, wristband, or App, including access to an Event or a dispute over payment, must be directed to the Organiser in the first instance.

(i) The End User may be required by an Organiser to use a UID, card, wristband, or App to access an Event and make or receive payments while at an Event.

(j) The Company may suspend or revoke an End User's access to any or all features of a UID, card, wristband, or App if the End User breaches this Agreement or this Agreement is otherwise terminated.

(k) The Company is not responsible to an End User for any loss caused by a suspension or revocation of access, including the ability to access an Event or process a transaction.

(l) Minors (persons under 18) must not use a UID, card, wristband, or App without the consent of their parent or legal guardian.

3. Account Access Using Third-Party Sign-In

3.1 Registration and Login

(a) A User may be able to register for, and access, the Ludo Platform using an account with a third-party identity provider (for example, Sign in with Apple or Google Sign-In) where the Company offers that option.

(b) As part of the functionality, the User may connect their Ludo profile with a third-party service by:

Providing their third-party sign-in credentials to us through the Ludo Platform; or
Authorising us to access the third-party service in accordance with its terms.

(c) When connecting to the Ludo Platform using a third-party service, the User warrants that they are not in breach of the third party's terms and conditions.

3.2 Ongoing Availability

(a) User access to the Ludo Platform via a third-party service may be unavailable if the third-party service becomes unavailable, and the User may lose functionality or content that is shared with the third-party service.

(b) The User may disconnect the connection between the Ludo Platform and the third-party service at any time.

(c) The Company has no relationship with any third-party sign-in provider and cannot guarantee the performance of any such connection.

3.3 Data from Third-Party Sign-In

Where a User connects or registers using a third-party service, the User authorises the Company to use data from that service to create the User's profile within the Ludo Platform, consistent with the Privacy Policy.

4. General Conditions

4.1 Licence

(a) By accepting these terms, the User is granted a limited, non-exclusive, and revocable licence to use a UID, card, wristband, or App for the duration of this Agreement, in accordance with its terms.

(b) The Company may issue the licence on further terms or limitations (including the number of users or volume of use or transactions) as it sees fit.

(c) The Company may revoke or suspend the licence in its absolute discretion for any reason, including breach of the terms by the User.

4.2 Modification of Terms

(a) The Company may update these terms from time to time.

(b) Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms to continue using a UID, card, wristband, or App.

4.3 Support

(a) The Company provides support for UIDs, cards, wristbands, and Apps via gday@ludo.computer.

(b) The Company will endeavour to respond to all support requests within 2 Business Days.

4.4 Use and Availability

(a) The User will only use a UID, card, wristband, or App for lawful purposes. The User must not use the services to engage in conduct that is unlawful, threatening, abusive, or otherwise unreasonable as determined by the Company acting reasonably.

(b) The User is responsible for the security of their UID, card, wristband, or App. The User must notify the Company as soon as they become aware of unauthorised use.

Use of features (including payments and access to Events) may be prevented by issues outside the Company's control; and
The Company accepts no responsibility for ongoing availability of the services beyond its reasonable control.

4.5 Privacy

(a) The Company maintains the Privacy Policy in compliance with the Privacy Act for Personal Information collected about the User and other End Users. The Privacy Policy does not apply to how an Organiser handles Personal Information. Where the Privacy Act applies, it is the Organiser's responsibility to meet its own obligations.

(b) The Company may use cookies and similar technologies to improve a User's experience. See our Privacy Policy (Section 16) for details. The User may manage cookies in its browser settings.

4.6 Data

Security.The Company takes the security of its systems and the privacy of its Users seriously. The User must not do anything to prejudice the security or privacy of the Company's systems or the information on them.

Transmission.The Company will use reasonable measures to ensure data transmission follows accepted industry standards. The User is responsible for ensuring that any transmission standards meet the User's operating and legal requirements.

Storage. Data stored by the Company is stored according to accepted industry standards.

Backup. The Company performs backups in a reasonable manner for its business purposes. The Company does not warrant the ability to recover specific data from any particular period unless it states otherwise in writing.

4.7 Intellectual Property

Trademarks. The Company has moral and registered rights in its trademarks. The User must not copy, alter, or deal in the marks without prior written consent.

Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which it has appropriate authority. The User warrants that its use of a UID, card, wristband, or App will not infringe any third-party rights.

Platform Systems. The User accepts that the Ludo Platform and related systems are the Intellectual Property of the Company. The User will not:

Copy the services for the User's own commercial purposes; or
Directly or indirectly copy, recreate, decompile, reverse engineer, or otherwise obtain, modify, or use any source or object code, architecture, or algorithms of the Company's systems.

Content. All feedback, suggestions, feature requests, and other content submitted to the Company becomes the Intellectual Property of the Company.

4.8 Disclaimer of Third-Party Services

(a) The User acknowledges that UIDs, cards, wristbands, and Apps depend on third-party services, including but not limited to:

Banks, card schemes, and acquiring providers;
Location and positioning services;
Telecommunications networks;
Cloud hosting providers;
Email services;
Analytics providers;
App distribution stores.

(b) The Company is not responsible or liable for:

Interruptions to the availability of services due to third-party service issues; or
Information on any third-party website linked from the Company's systems.

4.9 Liability and Indemnity

(a) The User uses a UID, card, wristband, or App at their own risk.

(b) The User acknowledges that the Company does not operate Events, but provides services on behalf of Organisers.

(c) The Company is not liable for the conduct of any User and has no responsibility for activity outside its reasonable control.

(d) The User indemnifies the Company for any loss, damage, cost, or expense the Company may suffer or incur as a result of the User's use of, or conduct connected with, a UID, card, wristband, or App, including any breach of this Agreement.

(e) To the maximum extent permitted by law, the Company is not liable for any indirect, incidental, or consequential damages, loss of profits, goodwill, opportunity, or data arising from the User's use of, or inability to use, any UID, card, wristband, or App.

(f) Nothing in this Agreement excludes, restricts, or modifies any guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) where the law does not permit exclusion, restriction, or modification. To the extent permitted, the Company's liability for a breach of a non-excludable guarantee is limited, at the Company's option, to:

Re-supply of the services or payment of the cost of re-supply; or
Replacement or repair of goods or payment of the cost of replacement or repair.

4.10 Termination

(a) Either party may terminate this Agreement by giving the other written notice.

(b) Termination does not affect rights or remedies accrued before termination.

4.11 Dispute Resolution

(a) If a dispute arises between the parties in connection with this Agreement (Dispute), either party may give the other a notice (Dispute Notice) which:

Includes full and detailed particulars of the Dispute; and
Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.

(b) Within 10 Business Days after a Dispute Notice is given, a representative of each party with authority to resolve the dispute must meet and attempt to resolve it.

(c) Subject to clause (d), a party must not commence court proceedings in respect of a Dispute without first complying with this clause.

(d) Nothing in this clause prevents a party from seeking urgent injunctive, interlocutory, or declaratory relief.

(e) The parties must continue to perform their obligations while a Dispute is being resolved.

4.12 Electronic Communication, Amendment, and Assignment

(a) Terms in this clause defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.

(b) The User may direct notices, enquiries, and complaints to the Company as set out in this Agreement.

(c) The Company will send the User notices and correspondence to the contact details the User provides. It is the User's responsibility to keep those details current.

(d) A consent, notice, or communication under this Agreement is effective if sent as an electronic communication unless required to be physically delivered by law.

(e) Notices must be sent to the parties' most recent known contact details.

(f) The User may not assign or create an interest in this Agreement.

(g) The Company may assign or create an interest in its rights under this Agreement by written notice to the User.

4.13 General

Special Conditions. The parties may agree to Special Conditions in writing.

Prevalence. To the extent this Agreement conflicts with an Organiser Agreement or Special Conditions, those other agreements or Special Conditions prevail.

Disclaimer. Each party acknowledges it has not relied on any representation, warranty, or statement other than those set out in this Agreement.

Relationship. This Agreement does not form a joint venture or partnership.

Waiver. No clause is waived and no breach excused unless consent is given in writing.

Further Assurances. Each party will do what is reasonably necessary to give full effect to this Agreement.

Governing Law. This Agreement is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of its courts.

Severability. Any clause that is invalid or unenforceable is ineffective to the extent of the invalidity without affecting the remaining clauses.

Part B: B2B Platform Terms

These Platform Terms summarise the terms on which event organisers and venues (each an Organiser or Customer) use the Ludo Leisure Suite. They apply alongside any signed master services agreement (MSA), statement of work, or event-specific agreement between Sendrato and a Customer (a Services Agreement). Where these Platform Terms conflict with a signed Services Agreement, the Services Agreement prevails.

1. The Services

1.1 Sendrato provides the Ludo Leisure Suite, which may include cashless payment infrastructure, self-service kiosks, point-of-sale terminals, ticketing, visitor-facing mobile applications, and reporting dashboards.

1.2 The specific services, deliverables, pricing, and event dates for each engagement are set out in a Services Agreement.

2. Customer Obligations

2.1 The Customer will, instruct staff on equipment use, and pay Sendrato in accordance with the Services Agreement.

2.2 The Customer is responsible for compliance with its own regulatory obligations, including licensing, permits, occupational health and safety, and its obligations under the Australian Consumer Law.

3. Fees and Settlement

3.1 The Customer agrees to pay Sendrato the fees set out in the Services Agreement.

3.2 Settlement of cashless funds to the Customer is performed by our payment acquiring partner in accordance with the Services Agreement and the acquirer's terms.

3.3 End User refunds, chargebacks, and Remaining Balance return costs may be deducted from settlements or invoiced separately.

4. Equipment and Intellectual Property

4.1 Equipment supplied by Sendrato remains Sendrato's property unless the Services Agreement explicitly transfers title.

4.2 All Intellectual Property in the Ludo Leisure Suite is and remains owned by Sendrato or its licensors. The Customer is granted a limited, non-exclusive, non-transferable licence to use the platform during the term of the Services Agreement.

5. Warranties and Disclaimers

5.1 Each party warrants that it has the power and authority to enter into the Services Agreement and these Platform Terms.

5.2 Sendrato warrants that it will perform the services with due care and skill. To the maximum extent permitted by law, Sendrato excludes all other warranties, representations, or guarantees, whether express or implied.

6. Liability

6.1 Each party's total aggregate liability under or in connection with the Services Agreement and these Platform Terms is limited to the fees paid or payable by the Customer to Sendrato in the 12 months preceding the event giving rise to the claim, unless a different cap is agreed.

6.2 Neither party is liable for indirect, incidental, or consequential losses, except where those losses cannot be excluded at law.

7. Term and Termination

7.1 The term of each engagement is set out in the relevant Services Agreement.

7.2 Either party may terminate a Services Agreement for material breach if the breach is not cured within 14 days of written notice, or immediately if the other party becomes insolvent.

8. Dispute Resolution

8.1 If a dispute arises, the parties will attempt in good faith to resolve it through senior management discussions within 20 Business Days of a written dispute notice. If not resolved, either party may commence court proceedings.