Terms of Service
Last updated
YourKind (YOURKIND PTY LTD ABN 31 663 959 448). Ticket Sale Terms of Service (July 2026 update).
1 Introduction
1.1
The Company provides the Platform, through which a Brand may create an Event and sell Tickets to it. These Ticket Sale Terms of Service apply to the sale and to the purchase of every Ticket sold through the Platform.
1.2
These Ticket Sale Terms of Service are in three parts. Part A applies to a Brand that sells Tickets through the Platform and to each of its Team Members. Part B applies to a person who buys or holds a Ticket. Part C applies to everyone. Where a person is both a Brand and a Buyer, each Part applies to that person in the relevant capacity.
1.3
A Brand accepts these Ticket Sale Terms of Service by creating an Event or offering a Ticket for sale. A Buyer accepts them by buying a Ticket, whether or not the Buyer has an Account.
1.4
These Ticket Sale Terms of Service form part of the Platform Terms of Service and are to be read together with them, with the Privacy Policy and with the Acceptable Use Policy, each of which is available at the Site.
2 Definitions
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
ABN means Australia Business Number.
Acceptable Use Policy means the Company’s acceptable use policy, as updated from time-to-time, which can be found at the Site.
Attendee means a person who holds or is issued a Ticket, whether or not that person bought it and whether or not that person has an Account.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Booking Fee means the Fee charged by the Company in respect of each Ticket sold, as notified to the Brand from time-to-time.
Brand means an event organiser, venue, promoter or other business that creates and operates an account on the Platform to sell Tickets, and has the same meaning as in the Platform Terms of Service.
Brand Owner means the User whose Account creates a Brand, and who is responsible for that Brand.
Conditions of Entry means the conditions on which a Brand or a venue admits a person to an Event.
Connected Account means the account a Brand holds with the Payment Gateway, through which it receives the proceeds of its Sales.
Consumer Law means the Australian Consumer Law, and any equivalent law conferring rights on consumers in any other country, state or territory that applies to a Buyer, a Brand or a Sale.
Account means a registered account within the Platform.
Buyer means a person who buys one or more Tickets through the Platform, whether for that person or for another person, and whether or not that person has an Account.
Platform Terms of Service means the Company’s general terms of service for the Platform, as updated from time-to-time, which can be found at the Site.
Company means YourKind Pty Ltd ABN 31 663 959 448.
Event means an event or experience created by a Brand on the Platform, whether ticketed or free.
Event Listing means the page for an Event through which Tickets are offered, whether for sale or at no cost.
Fee means any fee charged by the Company under these Ticket Sale Terms of Service or the Platform Terms of Service, and includes the Booking Fee and the Platform Fee.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
Legacy Settlement Arrangement has the meaning given in the Platform Terms of Service, being an arrangement under which the Company, and not the Brand, collects the proceeds of a Brand’s Sales and settles them to the Brand.
Platform Fee means the Fee charged by the Company in respect of each Sale that is not a Ticket, as notified to the Brand from time-to-time.
Payment Gateway means Stripe or such other payment system the Company may adopt within the Platform from time-to-time.
Platform means the “YourKind” digital platform developed by the Company, including the Site, the Brand dashboard, the YourKind mobile application, Event pages and all features made available through them from time-to-time.
Privacy Act means the Privacy Act 1988 (Cth).
Personal Information has the same meaning as in the Privacy Act.
Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at the Site.
Ticket means a ticket, registration or admission to an Event sold or issued through the Platform, and includes any add-on sold with it.
Sale means any sale a Brand makes through the Platform, including the sale of a Ticket.
Site means yourkind.io, yourkindofapp.com, yko.link (the Company’s link shortening service), and any other URL where the Company advertises or makes available the Platform from time-to-time.
Stripe means the cloud payments platform accessible at https://www.stripe.com/.
Stripe Connected Account Agreement means the legal terms and conditions governing the use of Stripe Connect to be agreed directly with Stripe which includes the Stripe Terms of Service and can be found at https://stripe.com/en-au/legal/connect-account (as updated from time-to-time).
Stripe KYC Onboarding means the standard onboarding process required to successfully set up a Stripe Connect account, as managed independently by Stripe.
Stripe Privacy Policy means Stripe’s privacy policy found at https://stripe.com/privacy (as updated from time-to-time).
Stripe Terms of Service means the terms and conditions of using Stripe and found at https://stripe.com/legal/ssa (as updated from time-to-time).
Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Team Member means any person a Brand Owner gives access to a Brand, in any role the Platform makes available from time-to-time, including an administrator, a ticket scanner and door staff.
Ticket Price means the amount payable by a Buyer for a Ticket, as set by the Brand.
Total Price means the total amount a Buyer must pay to obtain a Ticket, including the Ticket Price, any Booking Fee and GST.
Ticket Feature means the ticketing features of the Platform through which a Brand creates an Event, offers Tickets and manages Ticket sales.
Ticket Sale Terms of Service means these terms and conditions of using the Ticket Feature, as updated from time-to-time, which can be found at the Site.
User means any registered user of the Platform, whether an Attendee, a Brand Owner, a Team Member or otherwise.
Part A — Brands selling Tickets
3 Using the Ticket Feature
3.1 General
- To use the Ticket Feature, the Brand must have an Account and must accept and abide by these Ticket Sale Terms of Service and the Platform Terms of Service.
- The licence granted under these Ticket Sale Terms of Service shall be ongoing until terminated in accordance with the terms of these Terms of Service.
- The Brand agrees that all use of the Ticket Feature is subject to these Ticket Sale Terms of Service and must immediately cease to use the Ticket Feature if it can no longer agree or adhere to them.
- The Company may suspend an Account, suspend a Brand, or restrict the access of any User, in accordance with the Platform Terms of Service.
- A Brand Owner, and any Team Member who creates or manages an Event or offers a Ticket for sale, must be at least 18 years of age. By offering a Ticket for sale the Brand represents to the Company that each such person is at least 18 years of age.
- The Brand is responsible for the acts and omissions of the Brand Owner, each Team Member and anyone else it gives access to its account, as if they were its own, and must ensure each of them is aware of and complies with these Ticket Sale Terms of Service.
- The Platform Terms of Service apply to all use of the Platform, including the Ticket Feature and every Sale. Where these Ticket Sale Terms of Service deal with a matter specific to the sale or purchase of a Ticket, they prevail over the Platform Terms of Service to the extent of any inconsistency on that matter. In every other respect the Platform Terms of Service prevail.
3.2 The Company’s role
- The Brand authorises the Company to do the following things on the Brand’s behalf and no others: to offer the Brand’s Tickets for sale through the Platform; to accept a Buyer’s order and form the contract of sale at the price the Brand sets; to arrange for payment to be processed through the Payment Gateway; to issue, reissue and cancel Tickets; and to process refunds the Brand instructs. The Company is not the Brand’s agent for any other purpose.
- The Company is not the organiser, promoter, owner or host of any Event and is not the supplier of any Ticket. The contract for the Event, and for whatever a Ticket entitles its holder to, is between the Brand and the Buyer. The Company is not a party to it.
- Except where a Legacy Settlement Arrangement applies, each Sale is processed on the Brand’s Connected Account, the Brand is the merchant of record for it, and the proceeds are received by the Brand. The Company does not receive or hold the proceeds of that Sale; only its Fees are paid to it. Where a Legacy Settlement Arrangement applies, the proceeds of each Sale are received into an account held by the Company, the Company is shown as the merchant of record for that Sale, and the Company settles the proceeds to the Brand. The Company being shown as the merchant of record does not make it the organiser of the Event or the supplier of the Ticket.
- The Brand agrees that every Ticket Price and every Total Price is deemed inclusive of GST when expressed on an Event Listing.
- Where the Brand is registered for GST, the Brand is responsible for providing each Buyer with a Tax Invoice where one is required.
- The Company does not issue Tax Invoices to Buyers on a Brand’s behalf. The Company sends each Buyer a confirmation of purchase setting out the Tickets bought and the amount paid. That confirmation is not a Tax Invoice.
- The Brand indemnifies the Company against all loss, damage, cost, expense, fine, penalty and liability the Company suffers or incurs in connection with:
- any GST or other tax levied on the Company in respect of any Sale;
- any claim made by a Buyer or any other person in respect of any Sale, Event or Ticket, including any refund, chargeback, reversal, scheme fine or regulatory action; and
- any Event that is cancelled, postponed, relocated or materially changed, or that does not take place as advertised.
- The Company’s role in respect of any Sale is limited to providing the Platform through which the Sale is made and to doing the things set out in clause 3.2(a). The Brand and the Buyer are independent contracting parties who are directly responsible to each other in respect of the Sale.
- For the avoidance of doubt, the Company is not responsible for, and is not liable to a Buyer in respect of, any Ticket sold by a Brand through the Ticket Feature or any Event to which a Ticket relates.
- For the avoidance of doubt, the Company is not responsible for, and is not liable to a Brand in respect of, any act or omission of a Team Member or of any other person the Brand gives access to its account.
3.3 Tickets
- The Brand may make Tickets available for sale by creating an Event, subject to each of the following conditions being met:
- Having a valid Account set up; and
- the Brand having the ability to enter into the Stripe Connected Account Agreement and complete Stripe KYC Onboarding.
- Subject to any editing restrictions imposed by the Company, the Brand has control over the Events it promotes on the Platform and must ensure that all information is complete and correct, in particular the description of the Tickets being sold and what is included with a Ticket.
- Once an Event is created, the Brand is provided with a link to the Event Listing, which it may share to promote Tickets.
- By offering Tickets through the Ticket Feature, the Brand warrants to the Company that it is fully authorised and legally entitled to sell the Tickets and to promote the Event, and that doing so will not breach any law or infringe the Intellectual Property rights of any third party.
- The Brand is solely responsible for ensuring that it holds all necessary qualifications, accreditations, licences, permits, registrations and other approvals required to run the Event and to sell the Tickets, for as long as they are offered for sale.
- The Company accepts no responsibility for any interaction between a Brand and a Buyer, whether that interaction occurs through the Ticket Feature or otherwise.
- The Brand is responsible for providing the purchased Tickets to the Buyer in the manner advertised, for delivering the Event as advertised, and for dealing with all customer support enquiries including refund requests.
- The Brand must ensure that the Total Price for a Ticket is displayed to a Buyer as a single figure, at least as prominently as any component of it, wherever the Ticket is advertised or offered. The Brand must not impose on a Buyer any charge that a Buyer must pay to obtain a Ticket and that is not included in the Total Price displayed on the Event Listing.
- The Brand must not make any statement about the availability of Tickets, the number of Tickets sold or remaining, the time remaining to buy, or the demand for an Event, that is not true at the time it is made.
- The Brand is responsible for setting and publishing the Conditions of Entry for its Event, including any age restriction, and for making them available to a Buyer before purchase. The Company does not set, review or enforce the Conditions of Entry.
- Where an Event is cancelled, postponed, relocated or materially changed, the Brand must notify the Company and every affected Buyer as soon as practicable, and must deal with refunds in accordance with clause 3.6.
3.4 Stripe Connect Setup
- The Brand must complete Stripe KYC Onboarding before it can receive the proceeds of its Sales.
- The Brand acknowledges and accepts that:
- Stripe KYC Onboarding is managed independently by Stripe without the involvement of the Company, and the Company is not privy to documentation shared with Stripe as part of that process; and
- it must agree to the Stripe Connected Account Agreement as a condition of using Stripe Connect, which forms a direct contractual relationship between the Brand and Stripe.
- Payment processing services for Brands using the Ticket Feature are provided by Stripe and are subject to the Stripe Connected Account Agreement. By accepting these Ticket Sale Terms of Service, or by continuing to operate an Account using the Ticket Feature, the Brand agrees to be bound by the Stripe Terms of Service as modified by Stripe from time to time. As a condition of the Ticket Feature enabling payment processing through Stripe, the Brand agrees to provide the Company with accurate and complete information about it and its business, and authorises the Company to share that information and information about its transactions with Stripe.
- The Company is not responsible for the performance or availability of the Payment Gateway, which is a third party dependency, as provided in the Platform Terms of Service.
- Where a Brand has not completed Stripe KYC Onboarding, it cannot receive the proceeds of its Sales. The Company may suspend the Brand’s ability to create further Events or to offer further Tickets for sale until onboarding is complete.
- Where the Company holds proceeds for a Brand that has not completed Stripe KYC Onboarding, the Company will make reasonable efforts to contact the Brand, and may charge a reasonable administration fee, notified to the Brand in advance, for holding and administering those proceeds. Where the Payment Gateway holds those proceeds, they are dealt with in accordance with the Payment Gateway’s own terms, and the Company does not control that.
- Where proceeds held by the Company remain unclaimed, the Company will deal with them in accordance with any unclaimed money law that applies to them. The Company does not take ownership of a Brand’s Sale proceeds.
3.5 Sales
- The Brand may set the Ticket Price, the quantity and the terms for Tickets in its discretion through the Event Listing, subject to clause 3.3.
- All payments by Buyers are processed through the Payment Gateway.
- Where a Sale occurs, the Brand is credited with the Ticket Price less the Company’s Fees. The Company’s Fees are charged as described in clause 4 and in the Platform Terms of Service.
- Except where a Legacy Settlement Arrangement applies, the proceeds of a Sale are held in the Brand’s Connected Account and are paid out in accordance with the payout settings and rules of the Payment Gateway. Where a Legacy Settlement Arrangement applies, the Company settles the proceeds to the Brand at the times and in the manner it determines, and the Platform Terms of Service apply to that settlement.
- Where a Buyer initiates a chargeback or payment dispute in respect of a Sale, the Brand is responsible for it and for any resulting reversal, fee, fine or penalty, and must give the Company whatever information it reasonably requires in order to respond. Where the Company or the Payment Gateway bears the amount of a chargeback in the first instance, that amount is a debt due and payable by the Brand to the Company on demand and may be recovered under the Platform Terms of Service.
- The Brand must set and maintain a statement descriptor on its Connected Account that reasonably identifies the Brand or the Event to a Buyer.
3.6 Refunds and Events that do not proceed
- The Brand is solely responsible for its refund policy, for responding to refund requests, and for processing refunds. Refunds are processed by the Brand and are settled through the Payment Gateway.
- Where an Event is cancelled by the Brand, or is postponed, relocated or materially changed by the Brand, the Brand must promptly make any refund the Buyer is entitled to under the Consumer Law or any other law that applies, and must communicate with affected Buyers.
- The Brand must not represent to any Buyer that refunds are not available, or that a Buyer has no right to a refund or other remedy, where the Consumer Law or another law provides otherwise.
- The Company is not liable to any Buyer, Brand or other person for any refund, for the amount of any refund, for the timing of any refund, or for a Brand’s failure or refusal to make a refund, under any circumstances.
- The Company may, but is not obliged to, refund a Buyer directly where the Company reasonably considers that a refund is required by law or that the Brand has failed to make a refund it should have made. Where the Company does so, the amount refunded is a debt due and payable by the Brand to the Company.
- Where the Company assists a Brand or a Buyer in relation to a refund, a cancellation or a dispute, it does so as a matter of convenience only, does not assume any obligation by doing so, and accepts no liability whatsoever in doing so.
- The Company’s Fees are earned when a Sale is made and, subject to clause 8.1, are not refundable to the Brand or to the Buyer, including where a Ticket is refunded, an Event is cancelled or postponed, or an Event does not take place as advertised. The Brand decides the amount it refunds to a Buyer. Where the Brand refunds the full amount a Buyer paid, the Brand bears the Booking Fee itself. Nothing in this clause permits a Brand to refund a Buyer less than the amount that Buyer is entitled to under the Consumer Law or any other law that applies.
3.7 Buyer Data
- The Company’s handling of information collected about Buyers is set out in the Privacy Policy.
- The information described in the Privacy Policy about each Buyer and Attendee is made available to the relevant Brand through the Platform. Where two or more Brands collaborate on an Event, that information is made available to each of them, as described in the Platform Terms of Service and the Privacy Policy.
- The Company is not responsible if information about Buyers is unavailable from time to time. The Brand is responsible for complying with privacy law in relation to its own records of that information.
4 Fees, payments, and refunds
4.1 Booking Fee and Platform Fee
- The Company charges a Booking Fee in respect of each Ticket sold, and a Platform Fee in respect of each other Sale, as described in the Platform Terms of Service. The applicable Fee is deducted at the time of the Sale.
- The Brand accepts that the Booking Fee and the Platform Fee are valid consideration for the Company facilitating the transaction through the Ticket Feature and for the services ancillary to it.
- Where a Brand refunds a Buyer, the Company is not required to refund any Fee to the Brand or to the Buyer. The Company’s Fees are earned when the Sale is made and are not refundable, including where a Ticket is refunded, an Event is cancelled, postponed or does not take place as advertised, or a Brand’s account is suspended or terminated, except where a law that cannot be excluded requires otherwise.
4.2 Variations
- The Company may introduce or change any Fee from time to time. A change to the Booking Fee, the Platform Fee or any other Fee charged in respect of a Sale applies to Sales made after the Company makes the change.
- If a Brand does not accept a change to any Fee, it may terminate its Account and stop using the Ticket Feature.
4.3 Currency
Each Fee is charged in the currency notified by the Company or displayed at the time the Fee is incurred, and different Fees may be charged in different currencies. The Booking Fee and the Platform Fee are charged in the currency in which the relevant Sale is made. Where a Brand makes a Sale in a currency other than its home currency, the Platform Terms of Service apply to the conversion and settlement of the proceeds of that Sale.
4.4 GST
For Brands in Australia, GST applies to any Fees charged by the Company to the Brand. Unless expressed otherwise, all Fees are inclusive of GST. The Company does not issue invoices for Fees, and a record of each Fee charged is available to the Brand through the Platform and through its Connected Account with the Payment Gateway. Where a Brand is registered for GST in Australia and requests a Tax Invoice in respect of a Fee, the Company will provide one within 28 days of the request. Where a Brand is outside Australia, the Brand is responsible for any value added tax, goods and services tax, sales tax or similar tax that applies to it in respect of Fees, and for any tax applying to its own sales of Tickets.
4.5 Refunds
No refunds of Fees are offered other than as required by a law that cannot be excluded.
Part B — People buying Tickets
5 Buying a Ticket
5.1 These terms
- This Part applies to every person who buys or holds a Ticket. A Buyer accepts these Ticket Sale Terms of Service by buying a Ticket, whether or not the Buyer has an Account.
- The Platform Terms of Service and the Privacy Policy also apply to a Buyer. Each of them is available at the Site.
- A Buyer under 18 years of age must have the consent of a parent or guardian to buy a Ticket, and by buying a Ticket represents to the Company that they have it. Some Events have their own minimum age, which is set by the Brand in its Conditions of Entry.
- A Buyer must not use any automated means, software, bot or script to buy or attempt to buy Tickets, must not circumvent any limit the Brand or the Company sets on the number of Tickets a person may buy, and must not buy Tickets using more than one Account or using false details. The Company or the Brand may cancel without refund any Ticket bought in breach of this clause.
5.2 Who the Buyer is buying from
- The Brand named on the Event Listing runs the Event and sells the Ticket. The Company operates the Platform through which the Ticket is sold and arranges for payment to be processed. For most Events the Company does not receive the money paid for a Ticket; it is paid to the Brand directly. The Company is not the organiser, promoter, owner or host of the Event and is not the supplier of whatever a Ticket entitles its holder to.
- The contract for the Event is between the Buyer and the Brand. Any dispute about an Event, a Ticket or a refund is between the Buyer and the Brand.
- The name that appears on a Buyer’s card or bank statement for a Ticket purchase is set by the Brand on its account with the Payment Gateway, and the Company does not control it. Where the Company’s own name appears on a Buyer’s statement, that reflects only the Company’s role in receiving payment for the Brand, and does not make the Company the supplier of the Event or of the Ticket.
- The Conditions of Entry are set by the Brand and by the venue, not by the Company. It is the Buyer’s responsibility to read them before buying. The Company is not responsible for a Brand’s or a venue’s decision to refuse admission to, or remove a person from, an Event.
5.3 Price and fees
- The price displayed for a Ticket on the Event Listing is the Total Price, being the total amount payable to obtain that Ticket, including the Booking Fee and GST, unless the Event Listing expressly states otherwise.
- The Booking Fee is charged for facilitating the transaction and for the services ancillary to it. The Company does not refund it. Where a Buyer is entitled under the Consumer Law or another law to a refund of the amount they paid, including the Booking Fee, that refund is made by the Brand.
- Where a Ticket is priced in a currency other than the currency of the Buyer’s payment method, the Buyer’s card issuer or bank may apply its own conversion rate and its own fees. The Company does not set or control those rates or fees.
5.4 The Ticket
- A Ticket is issued electronically and is delivered to the contact details given at the time of purchase. The Buyer is responsible for the accuracy of those details and for keeping the Ticket secure. The Company is not responsible for a Ticket that cannot be delivered because the details given were incorrect.
- Where a person buys Tickets for other people, only that person is a party to the transaction. That person warrants that they are authorised to provide the other people’s details and to accept these Ticket Sale Terms of Service and the Conditions of Entry on their behalf.
- The name, email address or mobile number recorded against a Ticket may be changed by the Brand, or by the Attendee by signing into their Account.
- A Ticket is void if it is duplicated, altered, defaced, obtained unlawfully, or transferred or resold in breach of these Ticket Sale Terms of Service or of any law. The Brand or the Company may cancel a void Ticket without refund, and the holder may be refused entry.
- A Ticket may confer other benefits, including YourKind Credits or a discount arising from a membership. Those benefits, and the terms on which they are provided, are governed by the Platform Terms of Service.
6 Events that change or do not proceed
6.1 Cancellation, postponement and material change
- The Brand is responsible for the Event and for whether it takes place, when and where it is held, and what is provided at it. The Company does not control any of those aspects.
- Where an Event is rescheduled to another date or time, a Ticket remains valid for the rescheduled Event unless the Buyer is entitled to and requests a refund.
- Where an Event does not proceed as advertised for a reason that is outside the Brand’s control and is not caused by the Brand, the Buyer’s entitlement to a refund is determined by the Brand’s own terms and by any law that applies. Nothing in this clause limits any right a Buyer has under the Consumer Law.
- A Buyer seeking a refund should contact the Brand named on the Event Listing. The Company may pass a request on to the Brand, or assist a Buyer or a Brand, but does so as a matter of convenience only and accepts no liability in doing so.
- Except to the extent that a law that cannot be excluded provides otherwise, the Company is not liable for any travel, accommodation, booking or other cost a Buyer incurs in connection with an Event, whether or not the Event takes place as advertised.
- Before initiating a chargeback or payment dispute with their card issuer, a Buyer should first contact the Brand and, if the matter is not resolved, the Company. This clause does not limit any right a Buyer has against their card issuer.
7 Transferring and reselling Tickets
7.1 Restrictions
- A Ticket must not be resold, or offered for resale, at a price above the Total Price paid for it, unless the Brand has authorised the resale in writing and the resale complies with every law that applies to it.
- A Ticket must not be used for advertising, promotion, a competition, a prize, a hospitality package or any other commercial purpose without the Brand’s prior written consent.
- The resale of tickets is regulated in many countries, states and territories, including most Australian States and Territories. Reselling a Ticket above the permitted price, or advertising a Ticket for resale without the information required by law, may attract criminal or civil penalties. A person who resells or offers to resell a Ticket is responsible for complying with every law that applies to them.
- Where a Ticket is resold or used in breach of this clause, the Brand or the Company may cancel it without refund to any person, and the holder may be refused entry to the Event.
7.2 Transfer and resale through the Platform
- Where the Company makes a Ticket transfer or resale feature available, its use is subject to any additional terms the Company publishes for that feature, to the Brand’s settings for the relevant Event, and to every law that applies. The Company does not guarantee that any Ticket may be transferred or resold.
- Where the Company operates a facility through which a Ticket may be resold, it will display the information required by the Competition and Consumer (Australian Consumer Law — Electronic Ticket Resale Service) Information Standard 2022, and any equivalent disclosure required in another jurisdiction in which it operates that facility, and will not knowingly permit a Ticket to be listed at a price exceeding any cap imposed by a law applying to that Ticket.
- The Company is not a party to any transaction between a Buyer and another person, and gives no assurance about the validity of a Ticket a person obtains other than through the Platform.
Part C — General
8 General
8.1 Rights that cannot be excluded
- The Company’s services come with guarantees that cannot be excluded under the Australian Consumer Law. Those guarantees apply in addition to any other rights a person has. A person is entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage.
- Where a Buyer is not in Australia, the Buyer may have rights under the consumer protection law of the place where they live. Nothing in these Ticket Sale Terms of Service excludes, restricts or modifies any of those rights to the extent they cannot lawfully be excluded.
- Nothing in these Ticket Sale Terms of Service excludes, restricts or modifies any guarantee, right, remedy, condition or warranty that is conferred by the Consumer Law or by any other law and that cannot lawfully be excluded, restricted or modified.
- Apart from those that cannot be excluded, the Company excludes all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of a guarantee that cannot be excluded is limited, at the Company’s option, to supplying the relevant services again or paying the cost of having them supplied again.
8.2 Liability
- Subject to clause 8.1, and to the extent permitted by law, the Company is not liable to any person for any indirect or consequential loss, loss of profits, loss of opportunity, loss of anticipated savings, damage to reputation, or any travel, accommodation or other cost, arising out of or in connection with an Event, a Ticket or a Sale.
- Subject to clause 8.1, and to the extent permitted by law, the Company’s total liability to a Buyer arising out of or in connection with these Ticket Sale Terms of Service is limited in aggregate to the Total Price paid by that Buyer for the Ticket to which the liability relates. The Company’s total liability to a Brand is limited as provided in the Platform Terms of Service.
- Nothing in these Ticket Sale Terms of Service limits a person’s rights against a Brand.
8.3 Personal information
The Company collects, uses and discloses Personal Information in accordance with the Privacy Policy. By buying a Ticket, a Buyer accepts that the information described in the Privacy Policy will be provided to the Brand running the Event and, where two or more Brands collaborate on that Event, to each of them, and expressly consents to their Personal Information being shared in that manner.
8.4 Changes to these terms
The Company may update these Ticket Sale Terms of Service from time to time. The version in force at the time a Ticket is bought applies to that purchase.
8.5 Suspension and termination
The Company may suspend or terminate a Brand’s access to the Ticket Feature, or a User’s Account, in accordance with the Platform Terms of Service. The Company may exercise those rights at any time, including where the Brand has Events on sale or Tickets already sold.
8.6 Governing law
These Ticket Sale Terms of Service are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State. This clause does not deprive a person of the benefit of any law of the place where they live that cannot be excluded.
End Terms of Service.