THIS AGREEMENT IS FOR TICKET PURCHASING SERVICES ("Agreement") is between Fringe Innovations Pty Ltd ACN 123 499 865 trading as iwannaticket ("Company," "IWT," "We," "Us," or "Our" ), which is in the business of providing event listings, registration, ticketing and related software and services that allow You ("Purchaser," "Buyer," or "Holder,") access to, or participation in, events, venues and other activities (collectively, "Event") and You a person, organization, or other entity who wishes to attend, access, or participate in the Event. The parties agree as follows:
- Who You Are Buying From. IWT acts as the agent of those who are promoting or otherwise providing the Events for which you purchase tickets including the event organizer, promoter, producer, presenter, manager, band or venue (collectively "Promoter"). By entering into this contract you are buying a ticket from the Promoter, not IWT.
- Our Services and Responsibilities. IWT may provide any of the following services under this Agreement: (a) Display and list Events as submitted by the Promoter; (b) accept and process Your on-line orders for tickets to the Event that You wish to attend, including remitting the purchase price paid by You for Your ticket to the relevant Promoter; and (c) provide You with a confirmation number for your transaction; (d) provide ticketing fulfilment services at the Event.
- Pricing and Availability. The Promoter, in its sole discretion, determines factors such as ticket pricing, availability, and seating locations. Tickets may be sold exclusively through Us or in combination with other inventories from companies not associated with Us. IWT exerts no control or authority over the Promoter, ticket prices, availability, seating locations, or any other companies which may be selling tickets to the Events listed on Our site.
- Payment. IWT accepts Visa and MasterCard only as payment for purchase of your tickets. Your order will be processed after Your billing address has been verified. If We are unable to verify this address, We will attempt to contact You at the e-mail address that You provided when You registered to use Our service. If We are unable to contact You, or You do not respond within 48 hours, We reserve the right, in Our sole discretion, to cancel Your order and to sell Your tickets to another purchaser.
- Booking Fees. Any tickets purchased on the Website are subject to a non-refundable booking fee. Depending on the delivery option you choose, a non-refundable ticket delivery charge may also be charged. Any fees charged by IWT, will be disclosed to you prior to the time of Your ticket purchase.
- Ticket Limit. You will be limited to a certain number of tickets for each Event, this limit is set by the Promoter of the Event. The Event listing will contain the maximum number of tickets available to each Purchaser and will be verified for each transaction. This policy is intended to discourage other buyers from engaging in unfair trade practices. If We learn that You are purchasing more than the pre-determined number of tickets for an Event and engaging in practices that We, in Our sole discretion, determine to be unfair, We will terminate your account and cancel your ticket purchase.
- Ticket Delivery. The Promoter may elect to offer one or more of the following delivery options for your ticket order and You will be able to choose from any one of those options.
- By "email / e-ticket" option: The IWT platform provides an opportunity for you to provide your email address and will attempt to deliver your e-ticket by email to that email address. If you do not receive your e-ticket then please contact IWT by email email@example.com
- By "at the door" option: Tickets delivered through "at the door" delivery option are typically available one hour prior to the event start time at the location set by the Promoter. You will need to present your credit card used to purchase tickets and a picture identification. The names on the credit card and the ID must match.
- By "Mobile Ticketing" option: Tickets delivered via SMS barcode are sent directly to your mobile phone typically within 30 minutes after you purchase your ticket. You will be required to bring your mobile phone to the event and present the SMS barcode for scanning at the entrance to the venue. You MUST bring the mobile phone used to purchase the ticket.
- By "Post" or "Registered Post" option: Delivery of tickets are the responsibility of the Promoter, unless IWT has undertaken to provide this service to the event organiser. If you have selected delivery through the mail, please allow at least 10 working days after your order is made to receive your tickets from the Promoter unless the Promoter has provided express delivery options. If you have not received your tickets within 48 hours of the event, please contact the Promoter via the phone number or email address supplied on the IWT event page for that Event or contact IWT at firstname.lastname@example.org.
- Please ensure you supply the correct billing and credit card account information for a ticket orders as incorrect details will delay processing and delivery. IWT and Promoter do not post to PO Boxes.
- If there are multiple parties attempting to enter an Event using the same ticket or mobile barcode, only the first party that arrived with the ticket or barcode will be admitted. IWT accepts no responsibility for ensuring that the first party to enter with the ticket or barcode is in fact the correct party or the party that acquired the ticket or barcode.
Event Restrictions. Some Events listed on the Website may have certain restrictions. For example, some Events will only admit people over eighteen (18) years of age. It is Your responsibility to determine if a particular Event restriction applies to You (and your party, if applicable) and to fulfil all criteria in order to gain admittance. No refunds will be given if You are declined entry to an Event due to a restriction.
- Lost or Stolen Tickets. For lost, stolen, damaged or destroyed tickets we can normally cancel your original ticket and provide a replacement if you have opted for Mobile Ticketing or Email Ticketing. If something does happen to your ticket, please contact Us at email@example.com. Please include Your name, the Event, Your confirmation number. Please note, we cannot provide a replacement if you have opted for a paper ticket. IWT is under no obligation to provide a replacement ticket and may choose to do so in its absolute discretion. An additional 3% administration fee plus applicable delivery charges will be payable for replacement tickets.
- Refunds or Exchanges. Before purchasing tickets, carefully review your event and ticket selection. Policies set forth by the Promoter and the conditions in clause 14 will dictate the issuing of exchanges or refunds after a ticket has been purchased.
- Cancelled or Rescheduled Events. Occasionally, an Event or ticket is cancelled or postponed by the Promoter. In certain instances, We may also cancel an Event or ticket. If this happens, We will endeavour to issue a refund as quickly as possible subject to and in accordance with clause 14. If You learn that an Event or ticket is cancelled, moved, or rescheduled, please contact Us at firstname.lastname@example.org. Please include Your name, the Event, and Your confirmation number.
- Refund Process. IWT will only refund the purchase price paid for a ticket if it (a) is authorised by the Promoter to do so, and (b) has the purchase price remitted to it by the Promoter. If either of these conditions is not met for whatever reason, IWT will not provide a refund. If both of these conditions have been met, IWT will refund the purchase price portion of the ticket to the credit card used for purchase within 14 days of notifying you that a refund for the Event applies. Our booking fee and ticket delivery charges are non-refundable. We also charge a 3% administrative fee on all refunds.
- Customer Support. Should You have any questions or difficulties which may arise in connection with Your use of Our website please email us at email@example.com. We attempt to answer your questions in a timely manner, but make no guarantees that We will respond to your inquiry by a particular time.
- Representations and Warranties. You represent and warrant the following: (i) if you are purchasing tickets to a restricted event, you are over eighteen (18) years of age; (ii) You have authority to enter into and perform this Agreement and the other Purchasing Conditions; (iii) You are not a re-seller, wholesaler, or bulk purchaser of tickets; (iv) You will not use the Website or service for any unacceptable uses. If in our opinion you do so, we reserve the right to refund your purchase and cancel your tickets.
- IWT does not give Warranties. To the extent permitted by law, the IWT service is provided "as is" without warranties of any kind, express or implied. No advice or information obtained by you from us, whether express or implied or in oral, written, or electronic form, relating to your use of this Website shall create any warranty not expressly stated in this agreement.
- Disputes. You acknowledge that once IWT has remitted the purchase price paid by You to the Promoter, IWT has fulfilled its obligations to process Your ticket and Our only continuing obligations to You relate to ticketing fulfilment prior to or at the Event. Any disputes regarding refunds, the products, services, content, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the IWT platform, other than as a result of a breach of the Purchasing Conditions by IWT, are between You and the Promoter.
- Limitation of Liability. Our liability in respect of any matter arising from or relating to the Purchasing Conditions, the Website or service, or the internet generally is excluded to the maximum extent permitted by law, including, but not limited to: (a) your use or inability to use the Website; (b) any changes to or inaccessibility of the Website; (c) any delay, failure, unauthorized access to, or alteration of, any transmission or data; (d) any material or data transmitted or received or not transmitted or received; (e) any data or material from a third person accessed on or through the Website; and (f) any problems or difficulties that arise pertaining to the issuance, processing or fulfilment of tickets or with the Event itself, whether such liability is asserted on the basis of contract, tort or otherwise. (g) the products, services, content, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the IWT platform.
- Indemnification. You agree to continually indemnify, hold harmless, and defend Us, Our directors, employees, and agents from and against any action, cause, claim, damage, debt, demand or liability, including all costs and advisor?s fees, asserted by any person, arising out of or relating to: (a) any breach of the Purchasing Conditions by you; (b) Your use of the Website, including any data, content, or work transmitted or received by You; (c) any unacceptable or objectionable use of the website, as we determine at Our sole discretion; and (d) any negligent or willful misconduct by You.
- Integration and Conflicting Terms. The Purchasing Conditions constitute the complete agreement between IWT and You. To the extent of any inconsistency between the Purchasing Conditions this Agreement shall prevail.
- No Assignment or Delegation. No rights, obligations, or duties of the Purchasing Conditions may be assigned or delegated by You. Any such attempted assignment or delegation shall be void and of no effect.
- Waiver. No waiver of any term, provision or condition of the Purchasing Conditions, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
- Modification and Amendment. We have the right, at any time and without notice, to add to or modify the terms of the Purchasing Conditions, by posting such amended terms on our Website. Your access to or use of the Website after the date such amended terms are delivered to You shall be deemed to constitute acceptance of such amended terms. No modification made by You shall be binding upon Us unless it is made in writing and signed by Us.
- Force Majeure. If the performance of any part of the Purchasing Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused to the extent that it is prevented, hindered, or delayed by such causes.
- Severability. If a clause or part of a clause can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from these terms, but the rest of the Purchasing Conditions is not affected.
- Governing Law and Forum. The Purchasing Conditions are governed by and must be interpreted in accordance with the laws of New South Wales. The parties must unconditionally submit to the non exclusive jurisdiction of the courts of New South Wales.
- Notice. Except as provided herein, all notices relating to the site, Your use thereof, and the Purchasing Conditions, sent by either party shall deemed to be delivered when sent via e-mail to the other party's last known e-mail address, or in the case of IWT when posted for public view on the IWT Website.
- Goods and Services Tax. A party must pay GST on a taxable supply made to it under this Agreement, in addition to any consideration (excluding GST) that is payable for that taxable supply. The party making the taxable supply must provide a valid tax invoice to the other party at the time that the other party is required to pay the GST. Terms used in this clause have the meaning given to them in the A New Tax System (Goods and Services Tax) Act 1999.