Tixbox.com.au

Website and Service Terms And Conditions

UPDATED JULY 2010

These Terms and Conditions apply to the use of this Website and our services. In using this Website and our services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Website. This information is intended for residents of Australia only.

1.Definitions

In these Terms and Conditions:

1.1"we", "us" and "our" are references to Musaphia Pty Ltd ACN 129 378 070 t/a "Tixbox";

1.2“the Website” means our website located at www.tixbox.com.au and unless the context requires otherwise, related ticketing services; and

1.3“you” and “your” are references to you as the user of the Website.

2.Amendments to Terms and Conditions

2.1We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent and agreement by you to be bound by the Terms and Conditions as amended.

3.Your use of the Website

3.1You are provided with access to and may download or print a copy of material contained on this Website for personal use only. Without limiting the foregoing, you may not, without our written permission, on-sell any information or product obtained from this Website. You may not use any data mining robots or other extraction tools, nor metatag or mirror the Website without our prior written permission.

3.2You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.

3.3You must not use this Website:

(a)in breach of any laws or regulations;

(b)to transmit unsolicited emails/spam; or

(c)to defame, abuse, harass, threaten or otherwise harm any person.

4.The Website

4.1All information appearing at the Website is provided in good faith. Whilst we have no reason to believe that any particular information (including but not limited to any event description) contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated at all times. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

4.2The Website and the ticketing platform on it are provided on an "as-is" and "as available" basis and we do not warrant that it will be error-free or that your use will be uninterrupted.

4.3This disclaimer set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded (including under the Trade Practices Act 1974 (Cth)).

5.Ticket sales and purchases

5.1In providing ticketing services at the Website, we act as agent for the person or entity responsible for the holding and/or promotion of the relevant event ("Organiser"). We sell tickets on behalf of the Organiser and are not responsible for the determination of ticket prices, the allocation of seats or the number of tickets for sale.

5.2All claims are the sole responsibility of the Organiser and to the extent permitted at law, we disclaim any liability to you. The Organiser may set a limit on the number of tickets that any one customer may purchase. Tickets may sell out for popular events and we do not guarantee the availability of seats for any event before your purchase is concluded.

5.3All ticket prices for events are in Australian dollars and except where indicated otherwise are GST inclusive.

5.4Where tickets are sold at concession prices, appropriate identification must be furnished upon collection (where applicable) and at the event venue.

5.5If you receive an error message after submitting payment, or do not receive confirmation from us of your successful purchase of tickets, it shall be your responsibility to contact us to advise of the same and to confirm that your ticket order has been received and accepted. We shall not be liable for any loss (whether financial or otherwise) where there has been failure to receive confirmation and you have not contacted us within a reasonable time following such failure.

5.6We reserve the right to charge a processing fee, based either on a per-ticket charge or a per order charge. We will notify you of such charges upon purchase.

5.7We will only process your order once we have verified all of your billing information. If we receive information credit card or billing information from you that is incorrect, we will endeavour to contact you using the contact information that you provide. However, if we cannot do so, we may cancel your order and allocate the seats in question to another customer.

5.8You must allow adequate time for collection or delivery of tickets. Tickets will be either be delivered to you at the postal address you specify in your order or, if elected and available, delivered to you by email to the email address you specify.

5.9Methods of collection and/or delivery will be notified to you upon purchase.

5.10You may not resell or attempt to resell any tickets purchased through our service.

5.11All purchases are charged to your credit card at the time of purchase, not the time of entry to the event.

6.Cancellation of events and refunds

6.1We will not provide any refund or exchange of tickets except as required by law or as otherwise allowed under these Terms and Conditions.

6.2It is your responsibility to carefully check details of any event (and any seating for same, where applicable) prior to purchasing tickets. We do not offer any refund in the event of your purchase of tickets that you determine to be inappropriate, unwanted, or for events that you cannot attend. We also do not issue any refund or replacement for tickets that have been lost, stolen, destroyed or damaged.

6.3Without limiting any other provision of these terms and conditions, you agree and acknowledge that tickets for "general admission events" if lost, stolen, or undelivered in the mail, will not be replaced by us under any circumstances.

6.4From time to time, events tickets to which you have purchased through the Website may be cancelled or postponed, due to a variety of factors and conditions. In the event of cancellation, we will use reasonable endeavours to ensure that you receive a refund where offered by the Organiser. In the event of postponement or rescheduling, there may be limitations on the refund that the Organiser provides. Please contact us in such event.

6.5In the event that we agree to replace tickets, we may charge a replacement fee.

7.Events and venues

7.1Headline acts may appear with opening or supporting acts or other guests. We do not always have all information regarding the identity of those opening acts or the proposed duration of their performances. Opening acts are subject to change or cancellation without notice and without limiting any other provision, no refund or reduction will be available in the event of such change or cancellation.

7.2You agree and acknowledge that Organisers and the operators of event venues reserve the right to search you and your belongings, to refuse admission or to remove you if they deem your conduct disorderly or if you are underage or if you do not comply with their terms and conditions of admission and to refuse to allow you to bring items into the venue including but not limited to alcohol, drugs, controlled substances, glassware, bags, recording devices and cameras.

7.3You must not record, transmit or photograph any part of any event that we ticket without the prior written consent of the Organiser.

7.4You agree that entry to an event may be refused if a ticket is defaced or damaged in any way or if not purchased from us or any other outlet authorised by the Organiser.

8.Intellectual property rights

8.1Copyright in this Website (including text, graphics, logos, icons, photos, sound and audiovisual recordings and underlying software) is either owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised by these Terms and Conditions or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, perform, communicate to the public or create derivative works from any part of or any content appearing on this Website.

8.2All trade marks, brands and logos generally identified with either with the symbols TM or ® that appear on the Website are either owned by us or we have a licence to use them. Your access to and use of our Website does not license you to use those trade marks in any commercial sense.

8.3If you provide us with any content for inclusion on the Website, you grant us an irrevocable, royalty-free licence to use and reproduce that content on the Website.

9.Information you provide

9.1In the course of using the Website to purchase tickets you may be required to provide us with information. You represent and warrant that all information that you provide will be true, complete and accurate and that you will notify us of any changes that may be relevant.

10.Restrictions on Use and Conduct

10.1From time to time we may include functionality for users to upload material to or make comments or other postings on the Website. If you avail yourself of these facilities, you must not:

(a)upload, post, transmit or otherwise make available on the Website any content that:

(i)promotes, encourages or provides information about unlawful conduct or activities;

(ii)offers or solicits offer for tickets for sale;

(iii)infringes any third party's intellectual property rights or breaches confidentiality;

(iv)includes a photograph or other likeness, or personal information of another person without their consent;

(v)contains pornography, nudity, sexual acts or references;

(vi)contains profanities, swearing, or vulgarity;

(vii)you reasonably respect to be misleading, false or deceptive (whether by representations or omissions); or

(viii)contains viruses. worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or

(b)damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website.

11.Updates and newsletters

11.1The Website may contain facility for you to receive updates and newsletters from us. Where you register to receive same you consent to the dissemination of such information to the email address provided by you or to any other method agreed by you.

12.Indemnity and limitation of liability

12.1You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Website and any breach of these Terms and Conditions.

12.2In no event will we be liable to you for any indirect or consequential loss, loss or corruption of data, loss of profits or opportunity, associated with your use of the Website or our services.

13.Links

13.1This Website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

13.2Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

13.3You may link to our Website with our written consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

14.Privacy Policy

14.1We undertake to comply with the terms of our privacy policy which appears on our Website and maybe accessed here.

15.Violation of these Terms and Conditions

15.1If you breach these Terms and Conditions, we may terminate your use of the Website and its services. We may in addition or alternatively take legal action against you. You agree that damages may not be an adequate remedy for us and you consent to injunctive or other equitable relief for such breaches.

15.2The operation of, and your access to this Website may be terminated (whether temporarily or permanently) at any time by us without notice. Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.

15.3We shall not be required to provide any refund to you for moneys paid if we terminate your access due to a breach these terms and conditions.

16.Waiver

16.1Our failure to take action with respect to any breach by you or others do not waive our rights to take action with respect to subsequent or similar breaches.

17.Governing Law

17.1These Terms and Conditions are governed by the laws in force in Victoria, Australia.