(a) You accept these Terms by purchasing tickets via the Site.
(b) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third party to do any of the above acts.
(a) You may purchase tickets through an account with us and we may allow you to register for an account using a social media account if you log in through your social media account, you authorise us to access certain basic information in accordance with your privacy settings within your social media account.
(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. We will not be liable for any loss you incur as a result of you providing us with incorrect contact details. All personal information that you give to us will be treated in accordance with our Privacy Policy.
(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
(a) We act solely as an agent facilitating the sale of tickets for events run by a Presenter. You acknowledge and agree that we are not responsible for the events themselves or any goods or services provided by the Presenters. The purchase of tickets may be subject to the Presenter's terms and conditions, which you must accept and comply with. We will not be held liable for any breach of the Presenter's terms and conditions by you.
(b) It is your responsibility to check the event details, including but not limited to, selected ticket and ticket type, quantity of tickets, venue, time and pricing, before you place your order through the Site.
(c) Where concessions are applicable, suitable and valid identification must be provided at the event. You may be refused entry or required to purchase a non-concession ticket at the venue where you fail to product valid proof of identification and entitlement to claim the relevant concession.
(d) Us and the Presenter reserve the right, at our absolute discretion, not to sell tickets to any person, agent or company.
(e) You acknowledge and agree that your ticket does not include any transport to or from the event or any accommodation, unless otherwise stated on the Site.
(f) We may offer ticket insurance to you, in which case you should download and read the insurance provider's Product Disclosure Statement to determine whether the insurance product is appropriate for you, prior to purchasing the ticket insurance.
(a) You may purchase tickets from us as set out on the Site. If you place an order for tickets on our Site, you are making an order to purchase the ticket(s) for the price listed on the Site (including any applicable charges and taxes). Any applicable taxes/fees (such as VAT or GST) will be set out at checkout (where applicable).
(b) The available payment options and terms for purchasing tickets are determined solely by the Presenter.
(c) If we offer payment via a payment processor, the payment may be subject to the payment processor's terms and conditions. You will be charged any processor fees in addition to the ticket price, which will be set out at point of sale.
(d) We may offer the option for you to purchase tickets through a payment plan, which allows for payment to be made in instalments or through a lay-buy arrangement (Megatix Payment Plan). Under the Megatix Payment Plan, you agree to pay an initial upfront amount at the time of purchase, with the remaining balance to be paid through future scheduled payments on specified dates or dates selected by you during the checkout process. All remaining payments must be completed by the final payment deadline, being a date prior to the date of the event attached to the ticket. By selecting the Megatix Payment Plan option and clicking the checkbox during the checkout process, you authorise our third-party payment processor to debit your bank account details in accordance with the scheduled future payments until the price is paid in full, and you confirm that you are either the holder or an authorised signatory of that bank account.
(a) Payments made in full: When you pay for a ticket on the Site in full and your payment has been validated, we will provide you with a copy of your ticket(s) in PDF form and/or a QR code by email to the email address provided at the time of registration.
(b) Payments made in instalments: When you pay for a ticket on the Site using the Megatix Payment Plan, or any other payment plan set out on the Site, we will provide you with a copy of your ticket(s) in PDF form and/or a QR code by email to the email address provided after the final instalment payment has been validated and the total ticket price has been paid in full. In the event of repeated failed instalment payments, we reserve the right to cancel the order and, to the maximum extent permitted by law, any amounts paid will be non-refundable.
(c) Ticket Non-Delivery: If you do not receive your ticket or cannot find the ticket in the 'My Orders' section on our Site, as set out in this clause 5, it is your responsibility to notify us promptly. You must contact us via email at [email protected] or through the online support portal as soon as possible after the expected ticket delivery time, or in any event, at least 48 hours prior to the event taking place. Failing to notify us in accordance with this clause 5(c) releases us from any liability for reissuing the tickets or compensating you for any resulting losses.
(d) There will be no delivery of physical tickets, unless otherwise stated on the Site.
Consumer Law
(a) Certain consumer protection laws and regulations in your local jurisdiction may confer you with rights, warranties, guarantees and remedies relating to our provision of services which cannot be excluded, restricted or modified.
(b) Nothing in these Terms attempts to modify or exclude any such statutory conditions, warranties, guarantees or legal rights that apply in your territory.
(c) Subject to your statutory rights as a consumer, we, as agent for the Presenter, will only refund tickets in accordance with the Presenters terms and conditions and at the Presenter's sole discretion.
Events that have already taken place
(d) Where the event has already taken place, you must apply to the Presenter directly for a refund.
Errors on website
(e) We reserve the right to cancel a ticket purchase, at any time before an event, if the ticket purchase was subject to an error on the website (for example, in relation to an event description or price). If an error occurs, we will contact you using the details you provided when you purchased the ticket and we will endeavour to give you the option of purchasing the ticket at the correct price (if any) or provide you with a refund.
Ticketing mistake
(f) Any modifications or reprocessing of your order may incur additional fees (including chargeback fees or other fees incurred by our payment provider).
Change of mind or change in circumstances
(g) Unless stated otherwise on the Site, all ticket purchases are final and no refunds will be provided for change of mind or change in circumstances.
Name changes
(h) The ability to change the ticket name, any associated fees, and the specific rules and requirements will be determined by the Presenter.
(i) Additional fees may be charged by the Presenter for processing name changes.
(j) We will facilitate any approved name change requests in accordance with the Presenter's policies and upon payment of any required fees.
Seating Changes
(k) The Presenter and/or venue operator may modify the seating arrangement, venue configuration or audience capacity on the event day if required for operational, safety or other reasonable purposes. In such circumstances, you may be required to be reseated in an alternate location. We will make reasonable efforts to ensure any required relocation is to a seat of comparable value and location, however, we cannot guarantee that the new seat will be an exact replacement.
(l) Subject to your consumer law rights, no refunds will be provided solely on the basis of the Presenter/venue requiring you to relocate seats within the same pricing category and general admission area.
Event cancellation, rescheduling or relocation
(m) In the event that the date, time or venue of an event is rescheduled or changed, your ticket will remain valid for the rescheduled date, time and venue.
(n) If the Presenter authorises us to issue you with a refund, we will refund you the ticket price you paid.
(o) Where an event is cancelled, rescheduled or significantly relocated by the Presenter (and you cannot or do not wish to attend the rescheduled or relocated event), you may request a refund in accordance with the procedures and timeframes set out on the Site or in any communications we release. If you fail to apply for a refund within any specified timeframes, you will not be eligible for a refund.
(p) We will use reasonable efforts to notify you of the relevant refund procedures and timeframes. However, it is your sole responsibility to check the Site and any announcements made by us or the Presenter for any information regarding refunds.
(q) Unless required by law (including the Australian Consumer Law), we will not be liable for, or cover the costs, of any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses. You must cover these yourself. We recommend you carefully consider the refund and cancellation policies of any travel, transport or accommodation you book in anticipation of attending an event you have registered for on the website.
(r) You acknowledge and agree that any booking, delivery and/or postage fees and any processing fees charged for using our third party payment providers in accordance with clause 4(c), are not refundable.
(s) All refunds payable by us can only be made to the credit card or payment method used in the original transaction to purchase the ticket(s).
(a) You agree not to, without our prior written consent and the Presenter:
(1) offer tickets sold by us for resale or to use tickets for advertising, promotional or other commercial purposes, including trade promotions or competitions; or
(2) resell or offer to resell a ticket you purchased from us at a premium over the face value of the ticket (including via online auction sites or other unauthorised resale sites).
(b) If you sell a ticket or it is used in breach of these Terms, we may cancel the validity of the ticket without refund to you, and the ticketholder may be refused admission to the relevant event.
(c) The resale of tickets in certain circumstances may attract criminal penalties under the relevant legislation.
(a) Admission to an event is at the Presenter and/or venues discretion and may be subject to the following:
(1) you may be denied entry into, or removed from, an event where the Presenter and/or venue has reasonable grounds to do so, including if you breach these Terms or the venues terms, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the event by others;
(2) if you arrive late, the venue may refuse to admit you until a suitable break in the event;
(3) you may not be permitted to take into the event, or use, cameras or other photographic or recording equipment (including but not limited to mobile phones and tablets);
(4) you may be required to submit to a search of your person and/or possessions before being granted entry to an event;
(5) entry to an event may be refused if the authenticity or validity of a ticket is questionable, including but not limited to the ticket being damaged or defaced in any way, or the ticket not being purchased from our Site or other authorised points of sale (for example, purchase from a scalper); and
(6) the photographs or videos taken at the event may be used by the Presenter, its sponsors, and other third parties for any purpose, including but not limited to marketing, advertising, and promotion.
(b) Certain events may have age restrictions or requirements that attendees must be over a certain age (e.g 18 years or older). These restrictions will be clearly stated on the event listing on the Site. If an age restriction applies, valid photographic identification may be required to gain entry to the event. Acceptable forms of ID include a current driver's licence or passport. It is your responsibility to ensure you meet the age requirements and have valid ID for the event you are attending.
(c) To the maximum extent permitted by law, no refunds will be provided if you are denied entry or removed from an event due to a breach of any of the conditions set out in this clause 8.
(a) While we strive to always make our Site available to you, we do not make any promises that it will be available 100% of the time. Our Site may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance. To the maximum extent permitted by law, we are not liable if you are unable to purchase tickets due to any Site disruptions or downtime.
(b) Our Site may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
(c) We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Site.
(a) You acknowledge and agree that all intellectual property in our materials and any content on the Site, including our logo, trademark and any information or documents we make available vest, or remain vested, in us.
(b) We authorise you to use our materials solely for your personal use. You must not exploit our materials for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access our materials on your personal device, and you may not use our materials for any commercial purpose.
(c) This clause will survive termination or expiry of these Terms.
(a) Despite anything to the contrary, to the maximum extent permitted by law:
(1) our maximum aggregate liability arising from or in connection with the Terms (including the event and/or the subject matter of the Terms) will be limited to, and must not exceed, the price paid by you to us for the ticket, or where no price was paid, $100; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
(1) loss of, or damage to, any ticket, or any injury or loss to any person as a result of attending or not attending an event;
(2) any third parties or any services or events provided by third parties, including hotels, partners, venues or other subcontractors which the provision of the events may be contingent on, or impacted by;
(3) the website or an event being unavailable; or
(4) breach of the Terms or any law,
where caused or contributed to by any:
(5) event or circumstance beyond our reasonable control; or
(6) act or omission of you or your related parties,
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the event you purchase a ticket for.
(c) Despite anything to the contrary, to the maximum extent permitted by law, you are liable for and agree to indemnify, hold harmless, release and discharge, us in respect of any liability which we may suffer, incur or are otherwise liable for as a result of, or in connection with any loss or damage to any person or property at an event that arises as a result of any negligent acts or omissions of you or people you have purchased a ticket for or where you (or a person you purchase a ticket for) refuse to follow our reasonable directions (including with regards to safety procedures).
(a) We collect personal information about you in order to enable you to access and use the Site, to process your purchase and provide your ticket(s), to contact and communicate with you, to register your attendance at the event, to coordinate with third party service providers, to respond to your enquiries, and for other purposes set out in our Privacy Policy (available on our website).
(b) We may disclose that information to our third-party service providers who help us deliver our services (including our information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators, event caterers and our business partners), or as required by law. If you do not provide this information, we may not be able to provide our services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside overseas.
(c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
(d) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
(a) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(b) Your Photographs: If you provide us with photographs of yourself at an event, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including but not limited to on our website, in our social media, on our content sites and to supply to publishers covering the event.
(c) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(d) Governing Law: These Terms are governed by the laws of Western Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.