EVENTARC TERMS AND CONDITIONS OF SALE
EVENTARC PTY LTD – Australian Company Number 134 120 193 (“Eventarc”) provides venue operators and event managers (“Event Holders”) with a service which allows them to sell tickets (“Tickets”) to events held or managed by those Event Holders (“Events”). Eventarc also provides the facility for Event Holders to sell merchandise associated with their Events (“Merchandise”) and in the case of certain charitable Events, to solicit donations in respect of those Events (“Donations”).
Eventarc will permit you, the customer, to place orders and pay for orders for Tickets and Merchandise in respect of Events and in the case of charitable Events, to pay Donations.
Your use of the Service (as described below) and your purchase of Tickets, Merchandise or payment of Donations is governed by the terms and conditions set out below (“this Agreement”). This Agreement forms a binding legal agreement between you and Eventarc. You should read the terms and conditions of this Agreement carefully.
Without limiting the way in which you may be bound by this Agreement, by signing a document agreeing to be bound by this Agreement, by clicking a button on your computer screen including your acceptance of this Agreement, or by proceeding to purchase any Tickets, Merchandise or make Donations through the Service, you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.
THE EVENTARC SERVICE
Eventarc will provide you with the following (“Service”):
- A secure payment facility to enable you to pay for Tickets, Merchandise and Donations for Events held by Event Holders.
- The provision of a receipt in respect of the payments you have made.
- The supply and delivery to you of Tickets which you have purchased if required. Such Tickets if required will be delivered in an electronic format nominated by you at the time of purchase which will be either to print the Ticket as displayed to you on screen, send you an email containing the Ticket as an attachment or send your Ticket to you as an SMS to your mobile phone. If Eventarc is not supplying a ticket for a particular event, then the Event Holder will be responsible for supplying a ticket to you.
- In respect of certain Events, you may select particular seating for that Event.
Eventarc will not be responsible for the supply or delivery of Merchandise to you. The Event Holder or its representatives are responsible for supplying Merchandise to you.
The above Service constitutes Eventarc’s only obligations to you in respect of the supply of Tickets, Merchandise or payment of Donations.
Eventarc may refuse to sell or supply any Tickets or Merchandise to you or process any payment of Donations made by you at any time in its sole and absolute discretion including, without limitation, where you use the Service in an illegal, fraudulent, offensive or unethical manner or make any use of the Service which in Eventarc’s sole opinion is likely to bring Eventarc into disrepute or to impact the use of the Service by Eventarc’s other customers.
CONDITIONS OF SALE
The following conditions apply to the sale of Tickets and Merchandise and payment of Donations and also to your attendance at an Event:
- Tickets, Merchandise and Donations must be paid for by credit card or other alternate payment methods offered by Eventarc from time to time. A purchase will not be processed unless you correctly provide all information requested by Eventarc at the time of purchase.
- In addition to the price you pay for Tickets, Merchandise or Donations, you may be required to pay certain fees and charges which Eventarc imposes from time to time including, without limitation, any booking fees or handling charges.
- GST and other taxes may apply to the sale/purchase/payment of Tickets, Merchandise or Donations. Unless otherwise stated at the time of payment, the prices of Tickets, Merchandise or Donations will be inclusive of GST and other applicable taxes.
- There is no refund or exchange on any Donation, Ticket or Merchandise except as required by law and as otherwise specified by the Event Holder. If a refund is made, Eventarc may, to the extent permitted by law, retain any booking fee or other fees and charges which Eventarc has charged you.
- You acknowledge that the Event Holder may add, withdraw, reschedule or substitute artists, acts, entertainment, and/or vary advertised programs, prices, venues, seating arrangements and audience capacity.
- Eventarc may charge a fee for the replacement of Tickets which are lost or stolen. Eventarc will be under no obligation to replace general admission Tickets (which are Tickets where seating is not allocated).
- The right of admission is reserved and is subject to the Event Holder’s and the respective venue’s terms of admission, copies of which may be obtained from the Event Holder. Late arrival may result in admission to the Event being refused.
- If a concession Ticket is purchased, you may be required to provide valid identification to substantiate any concession at the time of collection of the Tickets or entry to the relevant venue.
- The Event may ban cameras, audio and video recording equipment.
- Events may be broadcast on television, radio or over the internet. As a result of your attendance at the Event, you may appear in these broadcasts with or without your knowledge or consent.
- It may be a condition of entry to individual Events that a search of person and / or their possessions will be required at the time of the entry to the relevant venue.
- Entry may be refused to an Event if Tickets are damaged or defaced in any way or are not purchased from Eventarc or other authorised points of sale.
- You must not, without the prior written consent of Eventarc or the Event Holder, resell or offer for sale any Tickets you have purchased at a premium to their purchase price. You cannot resell the Tickets on an online auction site. If a Ticket is sold or used in breach of this condition, the Ticket may be cancelled without a refund and the holder of the Ticket may be refused admission to the Event.
- You acknowledge that the resale of Tickets in certain circumstances may breach certain laws (including, without limitation, laws related to scalping).
- When purchasing your Tickets or Merchandise, you must allow sufficient time for their collection and delivery prior to the Event.
- All transactions on the Eventarc site are conducted in Australian currency (AUD).
- Eventarc may send you email after you have purchased a ticket. You are able to unsubscribe from this email at anytime.
LIABILITY AND DISCLAIMER
Tickets, Merchandise and the collection of Donations are sold/provided by Eventarc on behalf of the Event Holder. Any legal agreement or contract in relation to the sale of Tickets, Merchandise or the collection of Donations (“Supply Agreement”) is between you and the Event Holder. Eventarc’s only obligation to you in respect of an Event is the provision of the Service in accordance with this Agreement.
You agree that Eventarc will not be liable or responsible to you for any act, omission or negligence in connection with an Event nor for any act, omission or negligence of the Event Holder in any way whatsoever including, without limitation:
- Any failure of the Event Holder to honour any representations, warranties, undertakings or fulfil their other obligations in respect of the Event, the supply of Tickets or Merchandise or in respect of any donations.
- Any failure of the Event Holder to comply with the terms of the Supply Agreement.
- Any failure of the Event Holder to fulfil any other obligation to you, including, without limitation, any obligation arising under any law.
You acknowledge that Eventarc has made no warranties that the Service will be error free.
You agree that Eventarc will not be liable or responsible for any failure in, or delay to, the provision of the Service or in Eventarc complying with its obligations under this Agreement where such failure or delay has a arisen as a direct or indirect result of:
- fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
- denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
- a significant demand being placed on Eventarc’s services which is above the usual level of demand and which results in a failure of Eventarc’s software and hardware to function correctly;
- the failure of any third party (including without limitation, any bank or other financial organisation) to fulfil any obligations to Eventarc; or
- any other circumstances or event similar to the above which are beyond the reasonable control of Eventarc.
You acknowledge that Eventarc has not made and will not make any express or implied warranties in relation to the Service or any other goods or services provided by Eventarc under this Agreement, other than those warranties contained in this Agreement. Subject to the following, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded.
Subject to the following, you agree that Eventarc will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Service or the provision of any other goods or services under this Agreement and whether as a result of any breach or default, by Eventarc. The maximum liability of Eventarc under this Agreement for any and all breaches of this Agreement will not exceed the total amounts paid by you for any Tickets, Merchandise or Donations.
If the Trade Practices Act 1974 (Cth) (or analogous legislation) applies to this Agreement and permits the limitation of liability for breach of warranty implied by statute, the liability of Eventarc is limited, at the option of Eventarc, to:
- in the case of goods, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of Eventarc will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by statute.
DISPUTES, QUESTIONS, CONCERNS
If you have any concerns or issues relating to your use of the Service or the supply of Tickets or Merchandise or the collection of Donations by Eventarc, please contact us at firstname.lastname@example.org
This Agreement is governed by the laws of the State of Victoria, Australia. You agree that you submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia in respect of any dispute arising under this Agreement.