Terms of Service

Welcome to Butter (Application). The Application provides social networking services, social connection, event planning and scheduling (Services).

1. The Application is operated by Butter Pty Ltd (ACN 657 645 013). Access to and use of the Application, or any of its associated Products or Services, is provided by Butter Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of Services, immediately.

2. Butter Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Butter Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

You accept the Terms by remaining on the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Butter Pty Ltd in the user interface.

In order to access the Services, you must first register for an account through the Application (Account).

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

• Email address

• Full name

• Mobile number

• Password

• Personal information including age, gender association, suburb, location and personal interests

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You warrant that any information you give to Butter Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Application (Member) and agree to be bound by the Terms.

You may not use the Services and may not accept the Terms if:

• you are not of legal age to form a binding contract with Butter Pty Ltd; or

• you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

As a Member, you agree to comply with the following:

1. you will use the Services only for purposes that are permitted by:

   1. the Terms; and

   2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Butter Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

4. access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Butter Pty Ltd providing the Services;

5. you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Butter Pty Ltd;

6. you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;

7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Butter Pty Ltd for any illegal or unauthorised use of the Application; and

8. you acknowledge and agree that any automated use of the Application or its Services is prohibited.

1. Payment methods

Where the option is given to you, you may make payment for Services, tickets, or peer-to-peer payments (together, Payments) by way of:

• Stripe

• Android Pay

• Apple Pay and associated payment method

All Payments are processed through third-party providers such as Apple Pay, Android Pay and Stripe. By making a Payment you agree to be bound by their terms and conditions, available on their websites.

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You acknowledge and agree that where a request for the payment of any fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, you are liable for any costs (including banking fees and charges) associated with the Payment.

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Butter Pty Ltd may vary applicable fees and charges at any time.

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2. Peer to peer payments  

Members may choose to send peer-to-peer payments to hosts, clubs, or creators via the Application. These payments are voluntary payments intended as a gesture of appreciation.

• All peer-to-peer payments are final and non-refundable, except where required by law.

• Butter Pty Ltd may deduct a platform or processing fee from each peer-to-peer payment before passing the balance to the host.

• All payments, including peer-to-peer payments and ticket purchases, are processed and settled via our third-party payment provider, Stripe. Butter does not itself hold or process payment card information. Butter Pty Ltd is not responsible for disputes between Members and Hosts, or for any tax liabilities arising from payments made through the Application.

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3. Ticketing

When you purchase a ticket to an event via the Application, you are entering into a binding contract with the host of that event. Butter Pty Ltd acts only as a facilitator and is not the event organiser.

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If an event is cancelled, rescheduled, or otherwise cannot be supplied as advertised, you are entitled to a refund in line with our Refund Policy and the Australian Consumer Law. Refunds are not available for change of mind, failure to attend, or voluntary peer-to-peer payments. Refund requests must be made via the Application or as otherwise directed. Service and processing fees are non-refundable, except where required by law.

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Hosts are solely responsible for delivering the event and ensuring compliance with laws, safety requirements, and promises made in the event listing.

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Butter Pty Ltd may suspend, cancel, or refuse ticket sales for any event that breaches these Terms, our Community Guidelines, or applicable laws.

Butter takes a small fee to help us keep the lights on and continue building the platform. Here’s how it works:

• Tickets: 8.60% + 30c processing fee per ticket

• Peer-to-peer payments: 20% processing fee per tip received

• Payouts: $2.25 + 0.25% per payout (when you withdraw from your wallet)

We may review and adjust fees - but if we do, you’ll always be notified ahead of time.

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You're responsible for any taxes that apply to your earnings. Butter doesn’t collect or pay taxes on your behalf.

Except as required under the Australian Consumer Law, all sales are final. Refunds are not available for change of mind, failure to attend an event, or peer-to-peer payments.

You are entitled to a refund or replacement if the event is cancelled, rescheduled, or otherwise cannot be supplied as advertised.

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Refunds for ticketed events will be issued by Butter Pty Ltd on behalf of the host, less any applicable non-refundable service or processing fees. 

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View the full Refund Policy here. 

If you create or manage a club, group, or event (“Host”), you agree to:

1. Provide accurate information about your club or event;

2. Run safe, lawful, and respectful events;

3. Comply with our Community Guidelines and all applicable laws; and

4. Deliver the services and experiences you advertise.

Hosts may receive revenue from ticket sales or peer-to-peer payments, less Butter Pty Ltd’s platform and processing fees. Payouts will be made through our third-party payment processor (Stripe) within a reasonable period, subject to their terms.

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Hosts are solely responsible for their events and indemnify Butter Pty Ltd against any claims, losses, damages, or liabilities arising out of or in connection with their events or conduct.

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Butter Pty Ltd may share limited personal information with Club Hosts in order to facilitate events and clubs. This is handled in accordance with our Privacy Policy.

Butter Pty Ltd may suspend or terminate a Host’s access, remove a club or event, or withhold payouts where we reasonably believe there has been fraud, misconduct, breach of law, or breach of these Terms.

The Application, the Services and all of the related products of Butter Pty Ltd are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Butter Pty Ltd or its contributors.

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All trademarks, service marks and trade names are owned, registered and/or licensed by Butter Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

1. use the Application pursuant to the Terms;

2. copy and store the Application and the material contained in the Application in your device's cache memory; and

3. print pages from the Application for your own personal and non-commercial use.

4. Butter Pty Ltd does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Butter Pty Ltd.

Butter Pty Ltd retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:

1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

You may not, without the prior written permission of Butter Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

Butter Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Butter Pty Ltd's Privacy Policy, which is available here.

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

2. Butter Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms(including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), inequity, pursuant to statute or otherwise.

Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Butter Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Butter Pty Ltd) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, ort heft, destruction, alteration or unauthorised access to records;

2. the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);

3. costs incurred as a result of you using the Application, the Services or any of the products of Butter Pty Ltd; and

4. the Services or operation in respect to links which are provided for your convenience.

Attendance at plans and events are at your own risk. Butter Pty Ltd is not responsible for the conduct of Hosts or attendees. To the maximum extent permitted by law, Butter Pty Ltd disclaims all liability for injury, loss, or damage suffered in connection with attendance at any event organised through the Application.

Butter Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Butter Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Butter Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Butter Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

The Terms will continue to apply until terminated by either you or by Butter Pty Ltd as set out below.

If you want to terminate the Terms, you may do so by:

1. providing Butter Pty Ltd with 7 days' notice of your intention to terminate; and

2. closing your accounts for all of the services which you use, where Butter Pty Ltd has made this option available to you.

Your notice should be sent, in writing, to Butter Pty Ltd via the 'Contact' link on our homepage.

Butter Pty Ltd may at any time, terminate the Terms with you if:

1. you have breached any provision of the Terms or intend to breach any provision;

2. Butter Pty Ltd is required to do so by law;

3. the provision of the Services to you by Butter Pty Ltd is, in the opinion of Butter Pty Ltd, no longer commercially viable.

Subject to local applicable laws, Butter Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Butter Pty Ltd's name or reputation or violates the rights of those of another party.

You agree to indemnify Butter Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage(including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

2. any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or

3. any breach of the Terms.

Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

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Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must request that an appropriate mediator be appointed by the Australian Centre for International Commercial Arbitration;

3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

4. The mediation will be held in Melbourne, Australia.

Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation: If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

The Services offered by Butter Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.