Local
Tickets
Ticket Purchaser Terms and Conditions
These are the terms and conditions upon which Local Tickets Pty Ltd (ACN 154 816 350) trading as Local Tickets (Local Tickets) provides its Services to ticket purchasers through the Local Tickets’ website located at www.localtickets.com.au (the Website) and the Local Tickets’ application (App).
All ticket purchases made through the Website are subject to these Ticket Purchaser Terms and Conditions (Ticket Purchaser Terms) and any reference to “Ticket Purchaser” or “you” is a reference to the person (or organisation) using the Website or App for the purposes of purchasing a ticket.
These Ticket Purchaser Terms are important and if you have any questions about them, you should contact us prior to using the Website or App and purchasing a ticket. If you have any questions, please contact us at [email protected].
If you do not agree to these Ticket Purchaser Terms, please do not use the Website or purchase any tickets through it.
1. Agreement
Upon your acceptance of these Ticket Purchaser Terms you enter into a separate agreement with Local Tickets for each ticket purchase (Ticket Purchase Agreement).
The Ticket Purchase Agreement also includes the Local Tickets Website Terms of Use which in turn incorporates our Privacy Policy, End User Licence Agreement and any other terms and conditions which may be published on our Website from time to time (for example competition terms and conditions). All Local Tickets terms are available under the Terms and Conditions section of the Website.
2. Services
Local Tickets provides a simple, easy-to-use online service for Ticket Purchasers to purchase tickets to events hosted by Event Organisers on the Website or App. Local Ticket does not create or organise any of the events advertised on the Website or App. Depending on how the Event Organiser has engaged Local Tickets, the Services we provide to you may be limited to the technology facilitating the ticket purchase only (and may not include payment processing on behalf of the Event Organiser). The event page will note the services to be provided by Local Tickets.
3. Terms and Conditions of Sale and Purchase
All tickets are sold subject to these Ticket Purchaser Terms and may be subject to additional terms and conditions imposed by the relevant Event Organiser or organiser (Event Organiser). Local Tickets takes no responsibility for the suitability or otherwise of any additional terms imposed on your ticket purchase by the Event Organiser. You, as the Ticket Purchaser, must make your own inquiries to ascertain the suitability of the Event Organiser’s terms and conditions prior to purchasing a ticket through Local Tickets.
4. Ticket Fees
Local Tickets is an Australian Owned business and all ticket prices displayed on the Website and App are in Australian Dollars (AUD). Any international events will be marketed on an international region-specific website and the local currency will be displayed. The event ticket price is payable to the Event Organiser and may be collected by Local Tickets as limited collection agent on behalf of the Event Organiser, or by the Event Organiser directly using a payment processing platform, such as Stripe.
For each ticket purchase on the Website, the Ticket Purchaser must pay the following in addition to the event ticket price:
a) the credit card fee which comprises:
i. the Merchant Fee; and
ii. the Admin Fee; and
b) the Booking Fee.
APP and cash ticket sales do not incur the additional fees set out above.
5. Ticket Payment
All payments made on the Website or through the App are by way of an internet SSL secure payment system sourced from a third-party payment processor. In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor (such as Stripe) which are available on their respective websites. You understand that these services are provided by third-parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.
6. Australian Consumer Law
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence, where permitted by law.
To the maximum extent permissible by law, we limit our liability to you, including by limiting liability under section 64A of the Australian Consumer Law to, at our option, re-supply of the services or payment of the cost of having the services delivered by another provider. To the maximum extent permissible by law, we specifically exclude liability for negligence and for consequential loss or damage, including loss of business profits or reputational damage.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.
If for any reason the ACL doesn’t apply to you (for example, if you are purchasing from outside Australia), then we exclude all liability to you, however arising.
As stated above, Event Organisers may engage Local Tickets as a technology provider only for the Event Organiser’s ticket sales. Where Local Tickets acts as a tech-only partner to the Event Organiser, we do NOT hold any of the ticket revenue received from ticket purchasers (like yourself) on behalf of the Event Organiser. Your money goes directly to the Event Organiser via Stripe. Any right, guarantee or warranty you are entitled to by law with respect to Local Tickets will be limited to our technology service only.
7. Ticket Refunds
Responsibility for processing refunds
Your ticket will specify whether Local Tickets or the Event Organiser is responsible for processing refunds. Should you require a refund, please contact the party specified on your ticket.
Event cancellation or reschedule
If the event is cancelled or rescheduled before the scheduled start date and time, for any reason including any Force Majeure Events, then refunds will be issued to all affected Ticket Purchasers (by either Local Tickets or the Event Organiser), unless otherwise agreed with you.
Non-refundable fees
Despite
any refund being payable to a Ticket Purchaser, the Booking Fee, Service
Fee and Merchant Fee (as applicable) are non-refundable to the
fullest extent permitted by law.
8. Ticket replacement / Name change
If you lose your ticket, there is no need to request a replacement from us. Simply use our free My Tickets feature available on the Website to reprint or download tickets purchased through us.
Similarly, if you need to change the name on your ticket, please do so through our My Tickets feature.
9. Resale of tickets prohibited
Tickets purchased through Local Tickets that are resold or assigned may not be honoured.
10. Marketing
By purchasing a ticket through our Website or App, you are agreeing that Local Tickets (or our regional brand):
a) may send you emails or SMS messages relating to the event(s) to which you have purchased a ticket;
b) can use your email address and or mobile phone number to send you newsletters and special invitations by email or SMS; and
c) may disclose your contact details to Event Organisers, venues and promoters to advise of upcoming events, promotions and special offers.
11. Limitation of Liability
You acknowledge and agree that Local Tickets:
a) Provides a service to the Event Organiser and the Ticket Purchaser and is NOT the Event Organiser or organiser of the event to which you purchase a ticket;
b) is not in any way responsible for the success, suitability or any other aspect of the event to which you purchase a ticket;
c) will not be responsible for any claim made by a Ticket Purchaser relating to the purchase of tickets on the Website or App. All such claims are solely against the relevant Event Organiser.
You understand that Local Tickets may not hold the Ticket Revenue on behalf of the Event Organiser and accept all risks in purchasing a ticket.
12. Event Access
Please note that photo identification may be required upon entry to the event.
13. Intellectual Property
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you.
14. Dispute Resolution
If a dispute arises out of these Ticket Purchaser Terms or if you are unhappy with our services for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in Brisbane, Queensland and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.
Each of us agree that we won’t not commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).
15. Variation
We can change these terms and conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.
16. Severance
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.
17. Termination
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination.
As we’re based in Queensland, these conditions will be governed by the laws of that state. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of Queensland.
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