Terms of service

Terms of Service

Bestever.pics

R66 Pty Ltd

ACN 677 144 484

Trading as Bestever.pics

Version 1.2

Effective Date: 2  September 2026


1. Introduction and Acceptance

  1. These Terms of Service (Terms) set out the agreement between you and R66 Pty Ltd (ACN 677 144 484), trading as Bestever.pics (R66, we, us or our), for your use of the Bestever.pics service.

  2. By creating an account, purchasing a single Event or subscription, accessing an Event, uploading content, viewing content, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

  3. These Terms apply to all users of the Service in all countries in which R66 makes the Service available, including Australia, the United Kingdom, the United States, Canada and Singapore. Mandatory consumer protections in your country of residence apply in addition to these Terms where they cannot lawfully be excluded.

  4. R66 may amend these Terms from time to time by posting a revised version on its website. Material changes will be notified to Hosts by email. Your continued use of the Service after the effective date of a revised version constitutes acceptance of the revised Terms.

2. Definitions

In these Terms:

"Account" means an account created on the Service by a Host or, in a B2B context, by an Organisation or authorised User.

"Base Storage Period" means the initial storage period of 3 months (90 days), calculated from the Event date, which is included in the Fees paid for an Event and which sets the Content's initial Current Expiry Date, as described in clause 13.

"Content" means any photograph, video, audio recording, image, text, caption, metadata or other material uploaded to, stored on, or delivered through the Service.

"Current Expiry Date" means the date on which Content associated with an Event is scheduled to be permanently deleted unless a Storage Extension is purchased. The Current Expiry Date is initially set as the Event date plus the Base Storage Period, and is extended each time a Storage Extension is purchased, as described in clause 13.

"Customer" means a Host, or in a B2B context, an Organisation that has entered into a subscription with R66.

"Event" means a specific occasion, gathering or period of time for which a Host has activated the Service to collect Content from Guests, identified by a unique QR code.

"Fees" means the subscription fees, per-Event fees, or other charges payable to R66 for the Service.

"Guest" means an individual who accesses the Service at an Event to upload, view, or download Content, whether or not they hold their own Account.

"Host" means the individual who purchases or is allocated the Service for a specific Event and is responsible for that Event.

"Maximum Storage Period" means the maximum total storage period available for an Event, being 12 months from the Event date, comprising the 3-month Base Storage Period plus up to 9 months of Storage Extensions, as described in clause 13.

"Organisation" means a business, venue, event planner, club, federation, corporate entity or other organisation that subscribes to the Service under a B2B arrangement.

"Service" means the Bestever.pics platform, including the websites, web applications, APIs, QR code interfaces, storage, delivery, and associated features, whether provided today or in the future.

"Storage Extension" means an additional storage period purchased by a Host to extend the Current Expiry Date beyond the Base Storage Period, up to the Maximum Storage Period, as described in clause 13.

"Third Party Services" means services provided by third parties on which the Service depends, including but not limited to payment processors, cloud infrastructure, content delivery networks, email providers, analytics providers, and moderation services.

"User" means in a B2B context, a named individual authorised by an Organisation or Account to use the Service.

3. About the Service

  1. Bestever.pics is a QR-code based Event content collection and sharing platform. Guests scan a QR code at an Event and upload photographs, videos and other Content using their own device and their own internet connection, without downloading an app.

  2. The Service is made available on a subscription or per-Event basis. Subscription tiers, Event limits, storage limits, and other commercial terms are published on the Bestever.pics website and may be updated from time to time.

  3. The base purchase price for an Event includes the Base Storage Period of 3 months. Within the Service, the Host is shown the Current Expiry Date for their Event and, as that date approaches, is offered the option to purchase a Storage Extension to extend the Current Expiry Date, up to the Maximum Storage Period. Purchasing a Storage Extension is optional at all times; further detail on how the Current Expiry Date is calculated, how Storage Extensions may be purchased, and what happens if a Storage Extension is not purchased, is set out in clause 13.

  4. R66 does not offer a free trial or free tier. The Service is a paid service.

  5. R66 reserves the right to add, modify, suspend or discontinue features of the Service at any time. R66 will use reasonable efforts to give Customers prior notice of material changes to core functionality.

4. Accounts and Eligibility

  1. You must be at least 18 years of age to create an Account, purchase a subscription, access an Event as a Host or Guest, or upload Content to the Service. The Service is not intended for, and must not be used by, any person under the age of 18.

  2. Hosts are responsible for ensuring that no person under the age of 18 accesses the Service or uploads Content at their Event. Where minors are present at an Event and may appear in Content uploaded by adult Guests, the Host is responsible for obtaining all necessary consents from parents or guardians of those minors before the Event takes place.

  3. You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You must notify R66 promptly of any unauthorised use of your Account.

  4. For B2B Customers, the Service is structured as a three-tier model:

  1. an Organisation is the contracting entity that subscribes to the Service;

  2. an Account represents a discrete business unit, venue, club, or similar within the Organisation; and

  3. a User is a named individual authorised to operate the Service on behalf of the Account.

  1. The Organisation is responsible for the acts and omissions of every Account and User operating under its subscription, including their compliance with these Terms.

  2. You must provide accurate, complete and current information when creating an Account and keep that information up to date. R66 may suspend or terminate an Account where information provided is inaccurate or misleading.

5. Hosts, Organisations and Payment

  1. The Host or Organisation is the Customer for the purposes of these Terms and is solely responsible for payment of all Fees.

  2. Fees are payable in advance in the currency and on the payment terms specified at the point of purchase.

  3. Payments are processed by a third-party payment processor. By providing payment details, you authorise R66 and its payment processor to charge the Fees and any applicable taxes to your nominated payment method.

  4. R66 does not store full payment card details. All card data is handled by the payment processor in accordance with that processor's terms and PCI-DSS standards.

  5. Where a subscription is set to auto-renew, it will renew automatically for successive periods at the then-current price unless cancelled before the renewal date. Cancellation takes effect at the end of the current paid period.

  6. If a payment fails, R66 may suspend or restrict the Account until the Fees are paid. Interest may accrue on overdue amounts in accordance with applicable law.

  7. All Fees are exclusive of GST, VAT, sales tax, or other applicable indirect taxes unless otherwise stated. The Customer is responsible for all such taxes, other than taxes on R66's income.

6. Guests and Guest Terms

  1. Guests are not Customers and do not pay Fees. Guests access the Service at the invitation of a Host or Organisation.

  2. By scanning an Event QR code, proceeding through the Guest upload interface, or uploading Content, a Guest agrees to a lighter-touch set of terms (Guest Terms), set out in full in Schedule 1 to these Terms and presented to the Guest in the upload interface, which cover:

  1. eligibility and minimum age;

  2. Content ownership, licence and warranties;

  3. acceptable use;

  4. service availability, outages and connectivity;

  5. limitation of liability;

  6. governing law and jurisdiction.

  1. A Guest who does not agree to the Guest Terms must not upload Content to the Service.

  2. Guests acknowledge that Content uploaded to an Event will be accessible to the Host and, depending on the Host's configuration of the Event, may be accessible to other Guests of the same Event.

7. Content Ownership and Licence

  1. Ownership of Content uploaded to an Event rests entirely with the Host who has purchased the Service for that Event. Guests assign and, to the extent assignment is not effective, exclusively licence all right, title and interest in Content uploaded by them to that Event to the Host, subject to any moral rights which cannot be assigned under applicable law.

  2. R66 claims no ownership of Content. R66 does not use Content for marketing, promotional, training, analytics or any other purpose beyond what is strictly necessary to operate the Service.

  3. The Host grants R66 a limited, non-exclusive, royalty-free, worldwide licence to host, store, reproduce, transmit, display and deliver Content solely for the purpose of providing the Service to the Host and the Host's authorised Guests during the Event and for the retention period set out in clause 13.

  4. R66 may reproduce and transmit Content as necessary to perform back-up, failover, security scanning, lawful content moderation, virus scanning, and format conversion required to deliver the Service.

  5. On expiry of the retention period, or on earlier termination, R66 will delete Content in accordance with clause 13. R66 has no obligation to retain, archive or return Content after deletion.

  6. The Host represents and warrants that:

  1. the Host has the right to collect, store and use Content uploaded to the Event, including any personal data of Guests and any individuals appearing in Content;

  2. the Host has obtained all necessary consents from Guests, individuals depicted in Content, and any third parties, including consents required under applicable data protection, privacy and image rights laws; and

  3. the collection and use of Content does not infringe any intellectual property, privacy, publicity or other right of any person.

  1. Each Guest represents and warrants that:

  1. they own or have all necessary rights to the Content they upload;

  2. they have obtained the consent of every identifiable person appearing in the Content; and

  3. the Content does not infringe any law or any rights of any person.

8. Acceptable Use

  1. You must not use the Service to upload, store, transmit or make available any Content that:

  1. is unlawful, defamatory, harassing, threatening, obscene, pornographic, sexually explicit, or otherwise objectionable;

  2. depicts, sexualises, or otherwise exploits a minor;

  3. infringes the intellectual property, privacy, publicity, confidentiality or other rights of any person;

  4. contains malware, viruses, or other malicious code;

  5. promotes or incites violence, discrimination, hatred, or criminal activity; or

  6. breaches any applicable law in any jurisdiction in which the Service is made available.

  1. You must not:

  1. access or attempt to access the Service by any automated means other than through interfaces expressly provided by R66;

  2. reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service, except to the extent this restriction is prohibited by applicable law;

  3. interfere with, disrupt, or place an unreasonable load on the Service or its infrastructure;

  4. circumvent any access controls, rate limits, storage limits, or Event limits;

  5. use the Service to build, train or benchmark any competing product or service; or

  6. resell, rent, lease, sublicense or otherwise commercially exploit the Service without R66's prior written consent.

  1. Removal and deletion of breaching Content. If R66 becomes aware that Content, or any use of the Service, breaches this clause 8, R66 may remove, disable access to, or permanently delete that Content, and may suspend or terminate the associated Account, Event or Organisation, in accordance with clause 12 (Content Moderation and Takedown). R66 may take this action without prior notice to the Host, the Guest who uploaded the Content, or any other person.

  2. Reporting to law enforcement. Where R66 reasonably considers that Content breaching this clause 8 may involve unlawful conduct — including, without limitation, Content that depicts, sexualises or otherwise exploits a minor, threatens violence or harm to a person, or otherwise appears to evidence a serious criminal offence — R66 may report that Content, together with any associated Account, Event, Host or User information reasonably necessary to make the report, to the police or other law enforcement or regulatory authority in the country in which the Host of the relevant Event resides. R66 may also make such a report to any other law enforcement or regulatory authority R66 reasonably considers appropriate, including in the country in which R66 or its infrastructure providers are located, and is not obliged to seek the consent of, or give notice to, the Host, the Guest, or any other person before doing so.

  3. Preservation of Content for reporting purposes. Where Content is removed or deleted following a suspected breach of this clause 8, R66 may retain a copy of that Content, together with related metadata and Account information, for a period longer than the retention period described in clause 13, to the extent reasonably necessary to make or respond to a law enforcement or regulatory report, to comply with applicable law, or to establish, exercise or defend a legal claim.

  4. No limitation on liability for breaching Content. The Host and any Guest who uploads Content remain fully responsible for that Content and for any consequence of a breach of this clause 8, including any criminal or civil liability arising from it, regardless of whether R66 removes or deletes the Content, reports it under this clause 8, or takes no action at all.

9. Service Availability, Outages and Connectivity

  1. The Service is provided on an "as is" and "as available" basis. R66 does not warrant that the Service will be uninterrupted, error-free, secure against all threats, or free from delays, and does not commit to any specific level of availability or uptime unless expressly agreed in a separate written service level agreement.

  2. The Host acknowledges and agrees that the Service depends on internet connectivity at the Event location and on the Guest's own device and data plan. In particular:

  1. Guests must have a functioning internet connection, whether by mobile data or wireless network, in order to upload Content during an Event;

  2. R66 has no control over the availability, speed, reliability or cost of internet connectivity at any Event venue, nor over the mobile network coverage available to Guests;

  3. venue Wi-Fi, mobile network coverage, device compatibility, and Guest device battery and storage are the sole responsibility of the Host and the Guests;

  4. R66 recommends that Hosts confirm the adequacy of connectivity at their Event venue in advance and, where possible, arrange for Guest Wi-Fi.

  1. If Content cannot be uploaded during an Event, whether due to lack of internet connectivity, network congestion, Wi-Fi failure, mobile coverage gaps, device failure, power failure at the venue, or any other cause outside R66's direct control, this does not constitute a failure, breach, or defect of the Service. R66 is not liable for any loss, damage, disappointment or distress arising from Content that was not uploaded during an Event, and is under no obligation to recover or reconstruct such Content.

  2. The Service depends on Third Party Services, including but not limited to payment processors, cloud infrastructure providers, content delivery networks, storage providers, email providers, analytics providers, and moderation services. R66 is not responsible for outages, failures, performance degradations, data loss, security incidents or changes in terms of Third Party Services, and is not liable for any consequences of those events.

  3. From time to time, the Service may be temporarily unavailable due to:

  1. scheduled maintenance, upgrades, deployments or migrations;

  2. emergency maintenance or security patching;

  3. failure, outage, degradation or rate limiting of Third Party Services;

  4. denial of service attacks, cyberattacks, or malicious activity;

  5. network, internet or telecommunications failures outside R66's network;

  6. regulatory, legal or law enforcement actions; or

  7. events of force majeure described in clause 22.

  1. Temporary unavailability of the Service, whether planned or unplanned and whatever the cause, does not:

  1. constitute a breach of these Terms by R66;

  2. entitle the Customer or any Guest to any refund, credit, service level rebate, compensation, or other remedy (subject only to non-excludable rights under applicable consumer law); or

  3. require R66 to extend the duration of any Event, subscription or retention period.

  1. Where R66 is able to do so without undue burden, R66 will use reasonable efforts to notify affected Customers of significant planned or ongoing outages.

  2. The Host is responsible for any contingency arrangements required for Content that is critical to the Event, including any independent photography, videography or archival arrangements. Hosts are encouraged not to rely on the Service as a sole means of capturing Content from an Event of significant personal or commercial value.

10. QR Codes and Backup Upload Link

  1. The Service uses a unique QR code (QR Code) generated for each Event to direct Guests to that Event’s upload interface. R66 also makes available customised, decorative or shaped QR Code designs for purchase or selection on the Bestever.pics website, including the Heart QR Code and any other styled or shaped QR Code offered from time to time (each, a Custom QR Code). Every reference to a QR Code in these Terms includes any Custom QR Code, and the obligations and exclusions of liability in this clause 10 apply equally to a standard QR Code and to any Custom QR Code.

  2. Before the Event, the Host must review the “How To” / QR Code guidance published on the Bestever.pics website, which sets out the minimum size, resolution, contrast and placement required for a QR Code, including a Custom QR Code, to scan reliably. The Host is solely responsible for ensuring that the QR Code is produced and displayed at or above that minimum size and resolution, and is not resized, stretched, compressed, recoloured, laminated, embossed, or otherwise altered in a way that could affect its scannability.

  3. The Host is solely responsible for testing the QR Code in its final printed or displayed form — that is, in the exact size, material, finish and location in which it will be presented to Guests at the Event — to confirm that it scans correctly on a typical smartphone camera and correctly directs Guests to the Event’s upload interface, before the Event takes place.

  4. If the Host’s testing under this clause identifies that a QR Code, including a Custom QR Code, does not scan or does not function correctly, the Host must notify R66 in writing at the contact address in clause 25 no later than 7 days before the Event is scheduled to commence. R66 will use reasonable efforts to investigate and, where possible, issue a replacement QR Code before the Event, but cannot guarantee that an issue reported less than 7 days before the Event can be resolved before the Event takes place.

  5. In addition to the QR Code, R66 provides a direct upload link for each Event as a backup means for Guests to access the upload interface without scanning a QR Code. The Host is responsible for testing the upload link, in the same way and within the same timeframe as the QR Code under this clause, and for making the upload link available to Guests at the Event as a fallback in case the QR Code does not function.

  6. The Host acknowledges that the production, printing, display and scanning of any QR Code, and the use of the backup upload link, depend on factors outside R66’s control, including the printing process, print quality, ink, paper or material stock, printer calibration, lighting and signage conditions at the Event venue, the camera, scanning software, browser and internet connection on a Guest’s device, and physical damage to, obstruction of, or tampering with the printed QR Code.

  7. To the maximum extent permitted by law, R66 accepts no liability whatsoever for any QR Code, including any Custom QR Code, or the backup upload link, failing to print, display, scan, load or otherwise function correctly at an Event, or for any resulting loss, damage, disappointment, distress, or failure to capture or upload Content, regardless of the cause of that failure. This exclusion applies in addition to, and without limiting, the disclaimers and limitations of liability in clauses 9 and 17.

  8. Nothing in this clause 10 excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under applicable consumer law in your country of residence.

11. AI, Facial Recognition and Emerging Technologies

  1. R66 may, from time to time, make available features based on artificial intelligence, machine learning, facial recognition, biometric analysis, automated content moderation, automated tagging, image enhancement, and other current or future technologies (together, Advanced Features).

  2. Advanced Features that involve processing of facial images, biometric identifiers, or any similar personal data of Guests or other individuals appearing in Content, are made available on an opt-in basis only. No such Advanced Feature will be activated for an Event unless the Host has expressly opted in through the Service interface.

  3. Where the Host opts in to an Advanced Feature, the Host represents and warrants that:

  1. the Host has obtained all consents required under applicable law from Guests and any individuals whose Content will be processed by that Advanced Feature, including any explicit consents required for biometric processing under the European Union General Data Protection Regulation, the United Kingdom General Data Protection Regulation, the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, and any other applicable law;

  2. the Host has provided Guests with any notices required under those laws; and

  3. the Host will provide R66 with evidence of those consents on request.

  1. Advanced Features may produce inaccurate, incomplete, or unexpected results. R66 gives no warranty as to the accuracy, completeness or fitness for purpose of any output of an Advanced Feature, and is not liable for any decision or action taken in reliance on such output.

  2. R66 may withdraw, modify, or replace any Advanced Feature at any time without liability.

12. Content Moderation and Takedown

  1. R66 may, but is not obliged to, monitor Content uploaded to the Service, using human review, automated tools, or both.

  2. R66 reserves the absolute right to remove, disable access to, blur, watermark, delete, or refuse to display any Content, and to suspend or terminate any Account, Event or Organisation, at its sole discretion and without prior notice, where R66 considers that the Content, the Account or the conduct in question:

  1. breaches these Terms;

  2. is unlawful, infringing, or harmful;

  3. poses a risk to R66, the Service, or any user of the Service; or

  4. is the subject of a credible complaint, law enforcement request, or court order.

  1. Exercising these rights does not make R66 the publisher, editor or curator of Content, and does not create any obligation to monitor Content on an ongoing basis.

  2. Copyright notice and takedown (United States, Digital Millennium Copyright Act). R66 responds to notices of claimed copyright infringement in accordance with the Digital Millennium Copyright Act 17 U.S.C. § 512. A notice of claimed infringement must be in writing, directed to the designated agent, and must include:

  1. a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed;

  2. identification of the copyrighted work claimed to have been infringed;

  3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit R66 to locate the material;

  4. contact information for the complainant;

  5. a statement that the complainant has a good faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law; and

  6. a statement, made under penalty of perjury, that the information in the notice is accurate and that the complainant is authorised to act on behalf of the owner.

  1. Notices should be sent to the designated agent at the contact address in clause 25. R66 will respond to valid notices in accordance with the DMCA, which may include removing or disabling access to the allegedly infringing material and terminating repeat infringers.

  2. Notices of claimed infringement under other applicable laws (including the Australian Copyright Act 1968, the UK Copyright, Designs and Patents Act 1988, and the Canadian Copyright Act) may be sent to the same contact address and will be handled in accordance with the applicable law.

13. Content Retention, Storage Extensions and Deletion

  1. Base Storage Period. Every Event purchased through the Service includes a Base Storage Period of 3 months (90 days), calculated from the Event date, during which Content uploaded to that Event is stored by R66 at no additional cost. The Base Storage Period is included in the Fees paid for the Event.

  2. Current Expiry Date. The date on which Content associated with an Event is scheduled to be permanently deleted is the Current Expiry Date. The Current Expiry Date is initially calculated as the Event date plus the Base Storage Period, and is displayed to the Host within the Service (including on the Host's Event dashboard and gallery view). Each time the Host purchases a Storage Extension in accordance with this clause 13, the Current Expiry Date is extended by the length of that Storage Extension.

  3. Storage Extensions. Before the Current Expiry Date, the Host may purchase one or more Storage Extensions to extend the Current Expiry Date. Storage Extensions are offered in the increments, and at the prices, published on the Bestever.pics website or presented to the Host within the Service at the time of purchase. The total additional storage available through Storage Extensions is up to 9 months, so that the maximum total storage period for an Event (the Maximum Storage Period), comprising the Base Storage Period plus all Storage Extensions purchased, is 12 months from the Event date. A Storage Extension cannot be purchased once the associated Content has been deleted.

  4. Storage upsell journey and reminder notices. R66 will present the option to purchase a Storage Extension to the Host within the Service, including through prompts on the Host's Event dashboard and gallery view, and will use reasonable efforts to send the Host reminder email notices as the Current Expiry Date approaches, setting out the Current Expiry Date and how to purchase a Storage Extension. These prompts and reminder notices are a courtesy only, do not form part of the Service R66 is contractually obliged to provide, and their content, timing, frequency and channel may change at R66's discretion. The Host is solely responsible for tracking the Current Expiry Date and for deciding whether to purchase a Storage Extension. R66's failure to display a prompt, or to send, or the Host's failure to receive, a reminder notice, does not extend the Current Expiry Date, does not constitute a breach of these Terms, and does not entitle the Customer to any refund, credit, restoration of Content, or other remedy.

  5. If no Storage Extension is purchased. If the Host does not purchase a Storage Extension before the Current Expiry Date, all photos, videos and other Content associated with the Event are automatically and permanently deleted on the Current Expiry Date, without further notice.

  6. Downloading Content before deletion. The Host is responsible for downloading or exporting any Content it wishes to retain before the Current Expiry Date. R66 provides tools within the Service to facilitate download and export.

  7. Deletion is final. Following permanent deletion on the Current Expiry Date, whether at the end of the Base Storage Period or the end of any Storage Extension, Content is not recoverable. R66 has no obligation to retain, archive, restore, or provide access to Content after the Current Expiry Date has passed, and purchasing a Storage Extension after that date does not restore deleted Content.

  8. R66 may delete Content earlier than the Current Expiry Date where:

  1. the Content is removed under clause 12 (Content Moderation and Takedown);

  2. the Account or Organisation is terminated under clause 14;

  3. retention is prohibited by applicable law; or

  4. R66 is required to do so by a valid order of a court or regulator.

  1. Back-up copies of Content may persist in R66's back-up systems for a short additional period following deletion, in line with standard back-up rotation practices, after which they are overwritten in the ordinary course.

14. Cancellation, Refunds and Termination

  1. Subject to mandatory consumer protections which cannot be excluded under applicable law, a Customer may cancel a new subscription or per-Event purchase and obtain a full refund within 7 days of the date of purchase, provided that the Event for which the Service was purchased has not yet commenced and the Service has not been materially used.

  2. After the expiry of the 7-day cooling-off period, all Fees are non-refundable. In particular, no refund is payable in the following circumstances:

  1. the Customer chooses not to proceed with the Event;

  2. the Customer does not use, or does not fully use, the Service during the Event;

  3. Content is not uploaded during the Event for any reason, including lack of connectivity or temporary outage as described in clause 9;

  4. the Customer changes its mind; or

  5. the Customer decides to use an alternative service.

  1. R66 may suspend or terminate your access to the Service, any Account, any Event, or any Organisation, with or without notice, if:

  1. you breach these Terms;

  2. Fees are unpaid after 14 days of the due date;

  3. continued provision of the Service would, in R66's reasonable opinion, expose R66 to legal, regulatory, reputational or security risk;

  4. you become insolvent or enter into any form of insolvency administration; or

  5. R66 is required to do so by law.

  1. On termination, your right to use the Service ends immediately and R66 may delete your Account and Content in accordance with clause 13. Termination does not relieve the Customer of any obligation to pay Fees incurred prior to termination.

  2. Clauses that by their nature should survive termination, including clauses 7, 9, 10, 15 to 22, and 24, survive termination of these Terms.

15. Privacy

  1. R66's collection, use, storage, transfer and disclosure of personal information is governed by R66's Privacy Policy, published on the Bestever.pics website and incorporated into these Terms by reference.

  2. Where the Host uploads Content containing personal information of Guests or other individuals, or configures Advanced Features that process personal information, the Host acts as the controller of that personal information and R66 acts as processor on the Host's instructions, to the extent that characterisation applies under applicable law. The Host is responsible for its own compliance with applicable data protection laws.

  3. R66 transfers personal information between jurisdictions (including to Australia, the United Kingdom, the United States, Canada, Singapore and the European Economic Area) as necessary to operate the Service. Where cross-border transfer is restricted by applicable law, R66 relies on appropriate transfer mechanisms as described in the Privacy Policy.

16. Warranties and Disclaimers

  1. To the maximum extent permitted by law, R66:

  1. provides the Service "as is" and "as available" without warranties of any kind, whether express, implied or statutory;

  2. disclaims all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and accuracy;

  3. does not warrant that the Service will meet the Customer's requirements, that the Service will be uninterrupted, timely, secure or error free, or that defects will be corrected;

  4. does not warrant the accuracy, completeness, reliability or appropriateness of any output of any Advanced Feature; and

  5. does not warrant any Third Party Services.

  1. Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty, representation or remedy under applicable law which cannot lawfully be excluded, restricted or modified. In particular, nothing in these Terms excludes consumer guarantees under the Australian Consumer Law, rights under the UK Consumer Rights Act 2015, rights of EEA consumers under applicable EU consumer law, rights under applicable US federal or state consumer law, rights under the Canadian Consumer Protection Act 2002 (Ontario) or equivalent provincial legislation, or rights under the Singapore Consumer Protection (Fair Trading) Act 2003.

  2. Where R66 is liable for breach of a non-excludable consumer guarantee and the law permits R66 to limit that liability, R66's liability is limited at R66's option to:

  1. in the case of goods: replacement, repair, or the cost of replacement or repair; and

  2. in the case of services: resupply of the service or payment of the cost of having the service resupplied.

17. Limitation of Liability

  1. To the maximum extent permitted by law, and subject to clause 16.2:

  1. R66's total aggregate liability to you arising out of or in connection with these Terms, the Service, or its subject matter, whether in contract, tort (including negligence), under statute, or otherwise, is limited to the total Fees actually paid by the Customer to R66 in the 12 months immediately preceding the event giving rise to the claim;

  2. where no Fees have been paid, R66's total aggregate liability is zero; and

  3. R66 is not liable for any indirect, incidental, consequential, special, punitive or exemplary damages, or for any loss of profits, revenue, goodwill, opportunity, data, Content, memories, enjoyment, or for any loss arising out of Content that was not uploaded or not delivered during an Event, even if R66 has been advised of the possibility of such loss.

  1. The limitations in this clause apply even if a limited remedy fails of its essential purpose, and represent an agreed allocation of risk that is reflected in the Fees.

18. Indemnity

  1. You agree to indemnify, defend and hold harmless R66, its officers, directors, employees, contractors and agents against all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:

  1. your breach of these Terms;

  2. Content you upload or cause to be uploaded;

  3. your use of the Service, including any Advanced Feature you have opted in to;

  4. your failure to obtain required consents from Guests or individuals appearing in Content; or

  5. your violation of any law or any right of any person.

  1. R66 may assume the exclusive defence and control of any matter subject to indemnification, in which case you will cooperate with R66 in asserting any available defences.

19. Dispute Resolution

  1. If a dispute arises out of or in connection with these Terms or the Service, the parties must first attempt in good faith to resolve the dispute by negotiation. A party raising a dispute must give written notice to the other setting out the nature of the dispute and the outcome sought.

  2. If the dispute is not resolved within 30 days of the notice, the parties must refer the dispute to mediation administered by the Resolution Institute, or another mediation body mutually agreed, under its standard mediation rules. The mediation will be conducted in Sydney, New South Wales, unless the parties agree otherwise, and each party will bear its own costs and an equal share of the mediator's fees.

  3. A party may not commence court proceedings (other than proceedings seeking urgent interlocutory relief) until it has complied with the negotiation and mediation steps in this clause.

  4. This clause does not prevent a consumer from exercising rights to bring a claim in a small-claims tribunal or other dispute resolution forum of competent jurisdiction in their country of residence, where those rights cannot lawfully be excluded.

20. Governing Law and Jurisdiction

  1. These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.

  2. Subject to clause 19 and to any non-excludable right of a consumer to bring proceedings in the courts of their country of residence, the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.

  3. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

21. Local Consumer Law

  1. Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified under the applicable consumer law of your country of residence. Where a provision of these Terms is inconsistent with a non-excludable right or remedy, the provision applies to the maximum extent permitted by that law.

  2. Consumers in the United Kingdom have rights under the UK Consumer Rights Act 2015 which are not affected by these Terms.

  3. Consumers in the European Economic Area have rights under applicable EU consumer law, including the right to bring proceedings in the courts of their country of residence, which are not affected by these Terms.

  4. Consumers in the United States retain all rights under applicable federal and state consumer protection laws that cannot lawfully be waived.

  5. Consumers in Canada retain all rights under applicable provincial consumer protection legislation that cannot lawfully be waived.

  6. Consumers in Singapore retain all rights under the Consumer Protection (Fair Trading) Act 2003 that cannot lawfully be waived.

22. Force Majeure

  1. R66 is not liable for any delay, interruption or failure in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, fires, floods, earthquakes, storms, pandemic, epidemic, war, terrorism, civil unrest, strikes or labour disputes, acts of government or regulator, failures of the internet or telecommunications networks, failures of Third Party Services, cyberattacks, and denial of service attacks.

23. General

  1. Assignment. You must not assign, novate or otherwise transfer your rights or obligations under these Terms without R66's prior written consent. R66 may assign or novate these Terms to any related body corporate or to any successor in connection with a merger, acquisition or sale of business.

  2. Entire agreement. These Terms, together with the Privacy Policy and any order form, statement of work or written agreement signed by R66 and the Customer, constitute the entire agreement between you and R66 in relation to the Service and supersede all prior understandings and communications.

  3. Order of precedence. In the event of inconsistency, a signed written agreement between R66 and the Customer prevails over these Terms, and these Terms prevail over any other document.

  4. Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision is severed to the extent necessary and the remaining provisions continue in full force and effect.

  5. Waiver. No failure or delay by R66 in exercising any right operates as a waiver, and no single or partial exercise of any right precludes any further exercise.

  6. No agency. Nothing in these Terms creates any partnership, joint venture, agency or employment relationship between you and R66.

  7. Third-party rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 (UK) or any equivalent legislation to enforce these Terms.

  8. Notices. R66 may give notice to you by email to the address associated with your Account, by in-Service notification, or by posting on the Bestever.pics website. You may give notice to R66 at the contact address in clause 25.

  9. English language. These Terms are drafted in English. In the event of a discrepancy between any translation and the English version, the English version prevails to the extent permitted by law.

24. Changes to the Service

  1. R66 may, at any time and without liability, modify, suspend or discontinue any feature of the Service, the Service as a whole, or any pricing, subscription tier or promotional offer. Where a change materially reduces the functionality available to an active Customer for a paid-for Event, R66 will use reasonable efforts to provide a comparable alternative or a pro-rata credit.

25. Contact

Questions, notices, complaints and copyright takedown notices may be sent to R66 at:

R66 Pty Ltd

Trading as Bestever.pics

ACN 677 144 484

Email: contact@bestever.pics

Postal address: 301 Keira Street, Wollongong NSW 2500 Australia

Schedule 1: Guest Terms

These Guest Terms apply to any Guest who scans an Event QR code, proceeds through the Guest upload interface, or uploads Content to the Service. They are a shorter, lighter-touch set of terms written for Guests, and are presented to Guests in the upload interface at or before the point of upload. A Guest is not required to read the main body of these Terms of Service, but by uploading Content the Guest agrees to be bound by this Schedule 1. Capitalised terms used in this Schedule 1 have the meaning given to them in clause 2 of these Terms.

S1.1 Who these Guest Terms are for

  1. These Guest Terms apply to you if you are a Guest, meaning you are accessing the Service at an Event to upload, view or download Content, whether or not you hold your own Account. If you are a Host, the full Terms of Service apply to you, not this Schedule 1.

  2. You are not a Customer and you do not pay any Fees to use the Service as a Guest. You are accessing the Service at the invitation of the Host or Organisation running the Event.

S1.2 Eligibility and minimum age

  1. You must be at least 18 years of age to upload Content to the Service. The Service is not intended for, and must not be used by, any person under the age of 18.

  2. If you are under 18, you must not scan the QR Code, access the upload interface, or upload any Content.

S1.3 What happens to the Content you upload

  1. Ownership of Content you upload to an Event belongs to the Host who has purchased the Service for that Event, not to you. By uploading Content, you assign to the Host all right, title and interest in that Content, or, to the extent assignment is not legally effective, you grant the Host an exclusive licence to use it, in each case subject to any moral rights that cannot be assigned under applicable law.

  2. You also grant R66 a limited, non-exclusive, royalty-free, worldwide licence to host, store, reproduce, transmit, display and deliver the Content you upload, solely for the purpose of operating the Service for the Host and the Host's Guests during the Event and for the storage period that applies to that Event under clause 13 of these Terms.

  3. R66 does not claim ownership of your Content and does not use it for marketing, promotional, training, analytics or any other purpose beyond what is strictly necessary to operate the Service.

S1.4 Your promises about the Content you upload

  1. By uploading Content, you promise that:

  1. you own the Content, or you otherwise have all necessary rights to upload it and to grant the licences described in clause S1.3;

  2. you have the consent of every identifiable person appearing in the Content to their image being uploaded, stored and shared through the Service; and

  3. the Content does not break any law and does not infringe the rights of any person.

S1.5 Acceptable use

  1. You must not upload, or attempt to upload, any Content that:

  1. is unlawful, defamatory, harassing, threatening, obscene, pornographic, sexually explicit, or otherwise objectionable;

  2. depicts, sexualises, or otherwise exploits a minor;

  3. infringes the intellectual property, privacy, publicity, confidentiality or other rights of any person;

  4. contains malware, viruses, or other malicious code; or

  5. promotes or incites violence, discrimination, hatred, or criminal activity.

  1. You must not use the Service to interfere with, disrupt, or place an unreasonable load on the Service, or to access the Service other than through the interfaces R66 provides for Guests.

  2. R66 may remove, disable access to, blur, watermark, or refuse to display any Content you upload, at its discretion, in accordance with clause 12 of these Terms.

  3. If Content you upload breaches this Schedule 1, R66 may delete it, and, depending on the nature of the Content, may report it to the police or another law enforcement or regulatory authority in the country where the Host of the Event resides, or in any other country R66 considers appropriate. R66 does not need to notify you before doing either of these things. Full detail on how R66 handles breaching Content, including reporting to law enforcement, is set out in clause 8 of these Terms.

S1.6 How the Service works, and its limits

  1. The Service lets you upload Content using your own device and your own internet connection. Uploading Content depends on your device, your data plan or the venue's Wi-Fi, and general internet connectivity, none of which R66 controls.

  2. The Service is provided “as is” and “as available”. R66 does not guarantee that the Service will be uninterrupted, error-free, or that every upload you attempt will succeed.

  3. If your Content cannot be uploaded, whether because of a lack of connectivity, network congestion, Wi-Fi failure, device failure, or any other cause outside R66's direct control, this is not a failure of the Service, and R66 is not liable for any resulting loss or disappointment, and has no obligation to recover or reconstruct Content that was not uploaded.

  4. Once uploaded, Content you upload will be accessible to the Host and, depending on how the Host has configured the Event, may also be accessible to other Guests at the same Event.

S1.7 Privacy

  1. Where the Content you upload includes personal information about you or anyone else, the Host is responsible, as the party who controls that Event, for complying with applicable privacy and data protection law in respect of that Content. R66's own handling of personal information is described in R66's Privacy Policy, published on the Bestever.pics website.

S1.8 Liability

  1. Because you do not pay any Fees to use the Service as a Guest, and to the maximum extent permitted by law, R66's total liability to you arising out of or in connection with your use of the Service is zero, except to the extent a right or remedy cannot lawfully be excluded under the consumer law that applies in your country of residence.

  2. Nothing in this Schedule 1 excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under applicable law in your country of residence.

S1.9 Governing law and jurisdiction

  1. This Schedule 1 is governed by the laws of New South Wales, Australia, and clauses 19 (Dispute Resolution) and 20 (Governing Law and Jurisdiction) of these Terms apply to any dispute arising out of your use of the Service as a Guest, subject always to any non-excludable right you have to bring proceedings in the courts of your own country of residence.

S1.10 Changes, and what happens if you don't agree

  1. R66 may update this Schedule 1 from time to time in the same way, and for the same reasons, as the rest of these Terms, as described in clause 1.4.

  2. If you do not agree to this Schedule 1, you must not scan the QR Code, proceed through the upload interface, or upload any Content to the Service.

S1.11 Contact

  1. Questions or complaints about these Guest Terms may be sent to R66 at the contact address in clause 25 of these Terms.

End of Terms of Service