Ticketing Agreement

The Ticketing Provider operates a platform, including websites, apps, APIs, widgets and other digital interfaces (together, the Platform) that allows Event Organisers to list and sell tickets for events. These terms set out the conditions on which tickets are purchased through the Platform. By completing a ticket purchase at checkout, the Attendee agrees to be bound by these terms (together forming this “agreement”). By using the Platform, the Attendee also agrees to comply with the Ticketing Provider’s Privacy Policy and any published Community Guidelines, which are incorporated into this agreement by reference.

The Attendee acknowledges that the Ticketing Provider acts solely as agent for Event Organisers in facilitating ticket sales, and that all obligations relating to the conduct, postponement, variation or cancellation of events are the sole responsibility of the relevant Event Organiser. The Ticketing Provider does not endorse or guarantee any Event Organiser, event, or representation made by a Event Organiser.

Capitalised words and phrases used in these terms and conditions have the meaning given:

by the words immediately preceding any bolded and bracketed word(s) or phrase(s); or

in the definitions in clause 17 of this agreement.

If there is any inconsistency between these terms and conditions and any other information provided on the platform, these terms prevail to the extent of the inconsistency.

This agreement commences when the Attendee purchases a ticket and continues until the event for which the ticket was purchased is completed, unless terminated earlier in accordance with this agreement.

Certain obligations, including liability, privacy and disclaimers, survive expiry or termination of this agreement.

The Ticketing Provider may amend these terms from time to time by posting updated terms on the Platform. For material changes, notice will be provided by email or at checkout. Continued use of the Platform constitutes acceptance of updated terms.

The Attendee must provide accurate and complete information when purchasing tickets, including name, email address and any additional information requested by the Event Organiser.

The Attendee agrees that it will not, by receiving or requesting theServices:

breach any applicable Laws (including any applicable privacy laws); or

infringe the Intellectual Property Rights or other rights of any third party or breach any duty of confidentiality.

The Attendee must not:

use the Platform for fraudulent, unlawful or misleading purposes;

impersonate another person, access another user’s account without consent, or misrepresent identity;

interfere with or disrupt the Platform, including by introducing viruses, scraping, or automated extraction tools;

resell tickets for more than face value or in violation of Laws; or

breach the Ticketing Provider’s Community Guidelines.

The Ticketing Provider facilitates the purchase of tickets on behalf of Event Organisers. The Ticketing Provider does not organise, host or present any events.

Tickets will be delivered electronically to the Attendee via the contact details provided at checkout.

Event content (including descriptions, images, refund policies and marketing) is created and controlled by the Event Organiser. The Ticketing Provider does not verify or endorse this content and is not responsible for its accuracy or legality.

The Ticketing Provider may cancel any ticket and refund the amount paid if there has been an error in ticket pricing or processing, or where continued fulfilment would expose the Ticketing Provider to legal or regulatory liability.

The Attendee acknowledges and agrees that:

The Ticketing Provider has no control over the quality, safety, accuracy or conduct of any event; and

All matters relating to the event itself (including cancellations, changes or refunds) are the sole responsibility of the Event Organiser, subject always to the Attendee’s rights under the ACL.

The Platform and all content are provided “as is” and “as available.” The Ticketing Provider does not guarantee uninterrupted access, error-free operation, or that the Platform will meet the Attendee’s expectations.

The Platform may link to or integrate third-party services (such as Stripe, maps, or ticket insurance). The Ticketing Provider is not responsible for the availability, legality, accuracy or performance of those services.

Ticket prices displayed include the ticket price set by the Event Organiser plus the Ticketing Provider’s booking/service fee.

To the maximum extent permitted by law, the booking/service fee is non-refundable.

Payments are processed securely via Stripe. The Attendee may be required to agree to Stripe’s terms and conditions in order to complete the transaction.

Refunds are determined and managed by the Event Organiser, subject to the ACL.

The Ticketing Provider provides only the technical mechanism for refunds once approved by the Event Organiser. If an event is cancelled, the Attendee’s rights are against the Event Organiser, not the Ticketing Provider, except as required by the ACL.

If the Attendee receives a refund, the Attendee must not attempt to use the refunded ticket to attend the event. Attempting to do so constitutes fraud.

Refunds do not extend to ancillary costs (including travel, accommodation, or other expenses) incurred by the Attendee in relation to the event.

The Ticketing Provider is not liable for tickets purchased through unauthorised third parties or resale channels. Tickets obtained via resale above face value or otherwise in breach of these terms may be cancelled without refund.

If the Event Organiser fails to process refunds required by law, the Attendee may notify the Ticketing Provider, who may (at its discretion) assist in escalating the claim, subject always to available funds and applicable law.

The booking/service fee is non-refundable except where required under the ACL.

The parties must comply with:

if applicable, their respective obligations under the Privacy Act 1988 (Cth); and

the Ticketing Provider’s privacy policy as in force from time to time.

The Ticketing Provider will keep the Attendee informed of any changes to its privacy policy during the Term.

The Attendee agrees to the Ticketing Provider’s Privacy Policy (which includes reference to the use of cookies) and which apply to all use of the Platform.

The Attendee’s personal information provided at checkout will be shared with the relevant Event Organiser to enable them to run the event.

The Event Organiser may use the Attendee’s personal information for event management and, where the Attendee has opted in, for marketing communications.

The Ticketing Provider will not use the Attendee’s personal information for its own marketing unless the Attendee separately consents.

The Event Organiser is responsible for compliance with privacy laws in relation to its use of the Attendee’s personal information, and the Ticketing Provider is not liable for the Event Organiser’s acts or omissions.

If the Attendee withdraws consent for the processing of personal data, or requests erasure of their data, this may prevent the Attendee from re-issuing previously purchased tickets or using certain Platform functionality.

All event descriptions, images and marketing are provided by the Event Organiser. The Ticketing Provider does not own or control this material and is not responsible for any errors or infringement of third party rights.

All site content, design, trademarks, logos and software forming part of the Platform are owned or licensed by the Ticketing Provider. The Attendee must not copy, reproduce, scrape, or otherwise exploit the Platform or its content except as permitted under this agreement and must not reverse engineer, decompile, disassemble, attempt to derive source code, or frame, republish or distribute any part of the Platform without prior written consent.

If the Attendee submits reviews, comments, or other content to the Platform, the Attendee grants the Ticketing Provider a non-exclusive, worldwide, royalty-free licence to use, reproduce and publish that content for operating and improving the Platform. The Attendee warrants that such content is accurate and lawful.

To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Attendee may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

To the maximum extent permitted by law, the Ticketing Provider’s total aggregate liability to the Attendee in connection with this agreement (whether in contract, tort, under statute or otherwise) is limited to the greater of:

the total booking/service fees paid by the Attendee to the Ticketing Provider in the 12 months preceding the event giving rise to the liability; or

AUD $1,000.

To the maximum extent permitted by law, the Ticketing Provider’s total liability to the Attendee in connection with a ticket purchase is limited to the amount of the booking/service fee paid for that ticket.

To the maximum extent permitted by law, the Ticketing Provider is not liable for:

cancellation, postponement, quality or safety of any event;

acts or omissions of any Event Organiser or third party;

incidental, special or consequential loss or damages, including lost enjoyment, disappointment or travel/accommodation costs; or

downtime, outages, or maintenance of the Platform.

The Ticketing Provider is not liable for third-party services integrated with the Platform, including payment gateways, ticket insurance or mapping services.

The Attendee indemnifies the Ticketing Provider, its officers, employees and agents against any action, claim, loss, damage, liability, cost or expense (including reasonable legal costs) suffered or incurred in connection with the Attendee’s breach of these terms, misuse of the Platform, or infringement of any third party’s intellectual property or proprietary rights.

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Ticketing Provider, except:

in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth);

If the Attendee has a dispute about an event, it must first be raised with the Event Organiser.

If the Attendee initiates a chargeback, the outcome will be determined by the Attendee’s bank and Stripe. The Ticketing Provider is not liable for chargeback outcomes.

Before commencing court proceedings (other than urgent injunctions), the parties must attempt mediation through the Australian Disputes Centre or Resolution Institute. If mediation is not commenced within 14 days of a written dispute notice, either party may commence court proceedings.

The Ticketing Provider may suspend or terminate the Attendee’s ability to use the Platform where the Attendee breaches these terms, engages in fraud, or misuses tickets.

The Ticketing Provider may also suspend or terminate the Attendee’s access immediately if continued access would expose the Ticketing Provider to legal or regulatory liability, reputational damage, or breach of applicable law.

The Ticketing Provider may modify, discontinue, or withdraw the Platform (in whole or part) at its discretion, without liability to the Attendee, provided that any tickets already purchased remain valid or are refundable by the relevant Event Organiser.

The Attendee may terminate this agreement at any time by ceasing use of the Platform, provided that tickets already purchased remain subject to these terms.

On termination, clauses relating to intellectual property, confidentiality, privacy, liability, disclaimers, dispute resolution, survival and general provisions continue to apply.

All provisions of this agreement that by their nature should survive termination (including but not limited to limitations on liability, indemnities, disclaimers, intellectual property protections and governing law) will survive termination or expiry.

The Ticketing Provider is not liable for any delay or failure to perform obligations due to causes beyond its reasonable control, including acts of God, health emergencies or pandemics, strikes, lockouts, riots, civil commotion, terrorism, war, natural disasters, power outages, telecommunications failures, shortages of labour or materials, or other similar or dissimilar events.

Notices relating to a ticket purchase will be provided electronically using the contact details supplied by the Attendee.

The Platform may include links to third-party websites or services. The Ticketing Provider is not responsible for the content, products or services offered by third parties, even where linked through the Platform.

The Platform may include links to third-party websites or services. The Ticketing Provider is not responsible for the content, products or services offered by third parties, even where linked through the Platform.

This agreement is governed by the law applying in the Australian Capital Territory (ACT). Each party irrevocably submits to the exclusive jurisdiction of the courts of the ACT and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

If the day on which any act is to be done under this agreement is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where this agreement expressly specifies otherwise.

This agreement may only be amended in accordance with a written agreement between the parties.

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

(singular and plural) words in the singular includes the plural (and vice versa);

(currency) a reference to $; or “dollar” is to Australian currency;

(gender) words indicating a gender includes the corresponding words of any other gender;

(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(headings) headings and words in bold type are for convenience only and do not affect interpretation;

(includes) the word “includes” and similar words in any form is not a word of limitation; and

(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

In these terms and conditions, the following words and phrases have the following meaning: