Merchant Ticketing Conditions Of Sale
Who you are buying from
This web site is owned and operated by UNBREAKABLE INTERNATIONAL Pty Ltd trading as UNBREAKABLE TOURING. ( ‘We’, ‘Our’ or ‘Us’).
We sell tickets offered via this website as the event organisers (‘Promoter’) and any tickets purchased from this website are purchased from Us as the Promoter. Any dispute you have relating to an event or ticket purchase is between you and us.
1. We have engaged Oztix to provide a software platform and related services to facilitate sales of tickets. Oztix are not selling the tickets nor acting as agent or merchant for the Promoter.
2. The Promoter nor Oztix are not liable for any claims relating to an event or ticket purchase, except as otherwise set out in these terms and conditions.
What you are agreeing to
4. Every ticket sold through this web site is also subject to:
a. the Promoter’s additional event Terms and Conditions;
b. any terms and conditions of each venue at which event is held; and
c. any terms and conditions that may be printed on the ticket.
5. The Promoter reserves the right to add, withdraw, reschedule or substitute artists and/or vary programs, prices, venues, seating arrangements and audience capacity.
Use of this Web Site
6. Use of this web site is restricted to personal use and reference only.
Conditions of Sale
7. All Prices quoted are in Australian Dollars and include local taxes (GST).
8. Online sales will cease when the allocation of tickets is sold, at a time otherwise specified or usually 2 hours before doors open for the event.
9. The Promoter reserves the right not to sell tickets to any person, agent or company.
10. Tickets will be delivered to you by the method you select during the booking process. If tickets are sent using Registered Post or a Courier service, they will only be sent to addresses where the purchaser can sign for delivery. Mail delivery option will cease to be offered 7~10 days before the event.
11. Tickets may not, without the prior consent of the Promoter, be resold or offered for resale at a premium over the face value of the ticket (including via on-line auction sites) or used for advertising, promoting or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services either by the original purchaser or any subsequent ticket holder.
12. On occasion there may be an error in the advertised price of a ticket made available for sale via the Oztix system caused by human error or a technical error. Regardless of the reason for the error, Oztix reserves the right to immediately cancel any ticket sold or offered for sale for the wrong price. If Oztix cancels a ticket for because of an error, we will refund you the amount paid for that ticket and we will endeavor to offer a replacement ticket of same or similar quality at the correct price but we cannot guarantee such a replacement.
13. Notwithstanding these terms and conditions, if You use a “disposable” or “temporary” credit card (such as those purchased over the counter at supermarkets) for Your online purchase We are not able to make any refund to you unless a) you can provide full details of the credit card; b) the credit card remains valid; and c) you can produce the online purchase receipt.
14. Note: your Credit Card statement will itemise a purchase as a charge from “UNBREAKABLE INTERNATIONAL Pty Ltd, AUSTRALIA”.
Refunds and exchanges
15. The Promoter will only refund tickets in accordance with these terms and conditions and to the extent permitted by law. The Promoter or Oztix has no liability to you.
16. We do not replace any lost, stolen or destroyed tickets or exchange or substitute tickets after purchase, except in limited circumstances. We reserve the right to charge you a reasonable fee for the replacement of tickets. Please treat your tickets like cash, as we cannot replace lost tickets.
17. The Promoter reserves the right to alter the date, the venue and the entertainment and activities as advertised, without prior notice to you. Your entitlement to a refund in such circumstances is determined by the Promoter. Please contact Promoter directly here [link to firstname.lastname@example.org] in order to determine your eligibility for a refund.
18. If the date, time or venue of an event is rescheduled or changed, your ticket will remain valid for the rescheduled date, time and venue.
19. If We authorise a Refund, We will refund to you the Ticket Price, the Booking Fee, the Processing Surcharge and if applicable any Delivery fees charged for tickets that were not dispatched.
20. Any refund payable can only be made back to the credit card (whether temporary or otherwise) used in the original transaction.
21. We will post any relevant information regarding any cancelled or rescheduled events on our website when applicable. It is your responsibility to check our website for information in relation to any events.
No Show / Failure to Collect tickets / Delivery Fulfilment
22. We fulfil Our commitment to you for the sale of tickets by either mailing or emailing the ticket to you, or by making the ticket available at the door or Box Office for you to collect.
23. If you have elected to receive the tickets by mail or email and have not received your ticket(s) within 48 hours of the event, please email@example.com.
Pay Over Time Payment Option
24. In some circumstances you may be able to pay for your ticket over time, in instalments. If both parties agree to this payment option, You agree that We can charge your credit card a deposit, a booking fee (if any) and the number of specified instalments prior to sending you a confirmed ticket.
25. You agree that you only have a reservation for a ticket and are not entitled to a ticket to the relevant event until full payment of the ticket and associated fees is made.
26. If your credit card details change prior to your payment of any instalment, you agree to contact Us to update your credit card details.
27. You agree that if, for any reason, We are not able to process any of the instalments on their due date, your reservation for the ticket will be cancelled and your deposit and any booking fee paid forfeited by you.
28. We agree to repay any instalment (other than the deposit and any booking fee) you have paid to Us to the credit card you specified at the time of selecting the pay over time option, provided that credit card remains valid.
29. Oztix may offer a ticket resale facility for a specific event. This will allow you to offer for sale your unwanted tickets or to buy unwanted tickets from other customers for such an specific event. Oztix reserves the right to charge a resale fee for facilitating such a sale.
30. Oztix will use it’s best endeavours to verify the validity of each ticket offered for sale but Oztix makes no guarantee that all tickets offered on the Oztix resale facility are valid.
31. We advise you that as a buyer you should be aware of the risks. If your tickets purchased from the resale facility prove to be invalid Oztix’s liability is limited to refunding you the resale facility charge.
Changes to Terms and Conditions
32. The terms and conditions that apply to any particular transaction will be the published terms and conditions at the time the transaction was finalised. Subject to the preceding sentence, We may alter or change the terms and conditions as they appear on our website from time to time effective immediately from posting on the web site.
33. You should periodically check this page of the web site to ensure that you are aware of the latest terms and conditions.
What happens if you have an enquiry or complaint?
34. For enquiries or complaints regarding the sale and delivery of tickets please contact firstname.lastname@example.org.
35. For enquiries or complaints regarding the staff and / or amenities at a venue or event, please contact the Promoter email@example.com.
36. For enquiries or complaints regarding the artist’s performance, sound or lighting or production quality, please contact the Promoter here firstname.lastname@example.org.
38. If you are concerned about using your credit card online please contact us for assistance.
39. If you deny or dispute a charge on your credit card made by us, please contact us immediately. We consider credit card fraud to be a serious offence and we aim to prosecute each case to the fullest extent possible.
Copyright and Trademark
40. The images, text, logos and artwork contained within this site are copyright to Promoter, Oztix and/or the relevant licensors. All rights are reserved. Unauthorised use by way of copying, storage, reproduction, publishing electronically or otherwise transmitting in any form or by any means in whole or in part is prohibited. The Oztix logo is a registered trademark.
Disclaimer and liability
41. You accept that the Internet is not always a reliable and that system outages may occur.
42. Save to the extent set out in the Competition and Consumer Act 2012 (Cth) (including the consumer guarantees under Australian Consumer Law) or otherwise permitted by law, We or Oztix will not be liable for any damages direct, incidental, consequential or otherwise, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your purchase of any tickets or your access to, or use of, or inability to use the web site and its content, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not We know of the possibility of such damage.
Choice of Law
43. These Terms and Conditions shall be governed by the laws of the State of New South Wales, Australia but legal proceedings may be commenced in any Australian State or Territory.
Australian Consumer Law
44. Our goods and services come with consumer guarantees that cannot be excluded under Australian Consumer Law. Those consumer guarantees apply in addition to any other express warranties which we provide under this Agreement. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.