Terms

Terms Of Use

Introduction

www.bigtix.com.au grants access to this website subject to the following terms. These Terms of use cover all of the text, images, multi-media files, products, services, email, resources, hardware, software, data, information and all other materials displayed or provided through any URL with www.bigtix.com.au in it.

Unless the context is clearly stated as otherwise, these Terms of Use apply equally to all users of our website and, without limitation.

Your use of our website is deemed to constitute your acceptance of these Terms of Use. Should you object to any of these Terms of Use or any subsequent modifications, your only recourse is to immediately discontinue your use of our website.

bigtix.com.au (the Bigtix website) is owned and operated by A.R McCallister & M.D Wright (ABN 24 657 629 229) PO Box 515, Newcastle NSW 2300 Australia. We operate the services offered via this website as the authorised agent of event organisers, such as artists, venues or event promoters and any tickets or products purchased from this website are purchased from us as the authorised agent. Any disputes relating to an event or ticket purchase is between you and the event organisers.

As an authorised agent, we are not liable for any claims relating to an event or ticket purchase, except as otherwise set out in these Terms of Use.

Use of our website

By visiting, using and purchasing tickets and products via this website you agree to be bound by these Terms of Use and our Privacy Policy. Every ticket sold through this website is also subject to:

  • the event organiser’s term and conditions (please see the event organiser’s website)
  • the terms and conditions of the venue at which the event is held (please see the venue’s website), and
  • any terms and conditions that printed on the ticket.

Event organisers reserve the right to add, withdraw, reschedule or substitute artists and/or vary programs, prices, venues, seating arrangements and audience capacity.

Use of our website

You agree not to use, or attempt to use, our website for any purpose that is unlawful or that may breach these Terms of Use. In particular, you agree not to:

  • use our website to defame, abuse, harass, stalk, threaten or otherwise offend others
  • publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive, menacing, inappropriate or knowingly false
  • engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming
  • impersonate any person or entity including the use of another’s name, username or password
  • upload, post, e-mail, transmit or otherwise make available using our website any material that you do not have a right to make available under any law or contractual obligation or which infringes any other person’s rights or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of our website or other computer software or hardware, or
  • breach any applicable laws or regulations or encourage others to do the same.

Conditions of sale

All prices quoted are in Australian dollars and are inclusive of GST. We shall not be liable for any other sales taxes, consumption taxes, use taxes, value added taxes, customs duties, import duties or other local taxes and government levies, or amounts levied in lieu thereof, which may be imposed on you by any relevant taxing authority. You are responsible for being aware of the need to pay such taxes (if any such need exists) and self-assessing and remitting the relevant amounts to the relevant taxing authorities. Other than for Australian GST, you indemnify us and will keep us indemnified against any claim for payment of such taxes on your behalf, whether such claim is now or hereafter levied against us including even if such claim is levied against us retrospectively after you have otherwise ceased to use our products or services. This term indefinitely survives your use of our website or your purchases of our goods or services.

Online sales will cease when the allocation of tickets is sold, at a time specified by event organiser or before doors open for the event. Bigtix and the event organiser reserve the right not to sell tickets to any person, agent or company.

Tickets will be delivered by the method you select.

Tickets may not, without the prior consent of the event organiser, 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, promotion or any other commercial purpose.

Refunds and exchanges

We do not generally provide refunds once a ticket or product or service has been purchased. However, if you wish to seek a refund because you believe that exceptional circumstances apply and those exceptional circumstances occurred within two weeks of your purchase, then you must contact us immediately and provide us with any documentary evidence that we request. If we agree that exceptional circumstances do apply, then we will refund your purchase less any administration fee to process that refund. Please note that any booking, postage, delivery or handling fee charged as part of your initial payment may not be refundable.

Please also note that Bigtix act as agent for the event organiser, and as such, we can only refund tickets in exceptional circumstances and in accordance with the event organiser’s terms and conditions, and to the extent permitted by law. Bigtix has no liability to you.

The event organiser reserves the right to alter the date, the venue and the entertainment as advertised, without prior notice. Your entitlement to a refund in such circumstances is determined by the event organiser’s terms and conditions. In such circumstances please contact us.

If the date, time or venue of an event is changed then your ticket will remain valid for the rescheduled date, time and venue. Bigtix will post any relevant rescheduling or cancellation information for any events on www.bigtix.com.au. It is your responsibility to check our website for information in relation to any events.

Non attendance, failure to collect and/or incomplete delivery

We fulfil our commitment to you for the sale of tickets and products by either mail, delivery or email. We may also provide tickets at the door or box office for you to collect. If you elected to receive tickets by mail or email and have not received your ticket(s) within 48 hours of the event then please contact us.

Changes to terms of use

The terms of use that apply to any particular transaction will be the published terms of use at the time the transaction was finalised. Subject to the preceding sentence, we or the event organiser may alter or change the terms of use as they appear on our website from time to time effective immediately from posting on the website.

You should periodically check this page of the Bigtix web site and event organiser web sites to ensure that you are aware of the latest terms of use.

Inquiries and/or complaints?

For inquiries or complaints regarding the sale and delivery of tickets please contact us by email at info@bigtix.com.au.

For inquiries or complaints regarding the staff and / or amenities at a venue or event, please contact the venue management.

For inquiries or complaints regarding the artist’s performance, sound or lighting or production quality, please contact the event organiser.

Privacy and security

Our Privacy Policy forms an important part of these Terms of Use.

For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and our servers. We are not responsible for any information you may lose if we terminate your browser session due to prolonged periods of inactivity between your browser and our servers.

Data security

We process your order and collect your personal information in accordance with Our Terms of Use and our Privacy Policy.

If you are concerned about using your credit card online please email us at info@bigtix.com.au for assistance.

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 aim to prosecute each case to the fullest extent possible.

Breach of Terms of Use and indemnity

You indemnify and agree to hold harmless ourselves, all of our officers, employees and suppliers, from any damage, loss or costs (including legal fees) occasioned by any claim, demand, action or proceeding (or occasioned by the settlement or avoidance thereof) that is based upon your use of our website including, without limitation, the breach or alleged breach by you of these Terms of Use.

If at any time we conclude that you have breached, or may have breached, these Terms of Use, we have the right without prejudice to our other rights and remedies, to immediately terminate your access to our website without prior notice and without refund of any monies paid by you to us.

Third party content

Please be aware that other websites (‘third parties’) may be accessed through our website. These Terms of Use do not apply to third parties. Such websites are accessed at your own risk and your legal relationship is with the third party supplier.

Any hyperlinks to any other websites are not an endorsement or verification of such websites. We have not checked the accuracy, completeness, quality or suitability of the information, products or services of the third parties. You must make your own enquiries with the relevant third party supplier directly before relying on or using their website or services.

Copyright

The images, text, logos and artwork contained within this site are copyright to Bigtix 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.

Disclaimer, exclusion and limit of liability

The internet is not owned or controlled by any one entity and, in particular, we have no control over any part of the internet outside of our network. We cannot therefore guarantee that you will be able to access our website at any given time.

Access to our website is provided on an ‘as is’ and ‘as available’ basis and your use of our website is at your own risk. All material on our website is provided in good faith and is derived from sources believed to be accurate and current as at the date of publication.

We make no representation or warranty that:

  • your access to our website will be uninterrupted, timely, secure or error free
  • any material will be reliable, accurate, complete or error free (nor do we accept any responsibility arising in any way for errors in, or omissions from that material).

We reserve the right, at our sole discretion, to suspend or alter the operation of our website for legal, technical or any other reason. We will give you as much notice as possible prior to taking any such action but prior notice may not always be feasible.

In connection with your use of, inability to use, or reliance on our website, you expressly agree and understand that in no circumstances will we or any of our related bodies corporate be responsible for:

  • the use of, access to, reliance on, or the availability, performance or failure of any part, or the whole of, our website or any material thereon
  • any defects, mistakes or omissions, even when made on our part
  • the accuracy, adequacy, reliability or completeness of any information or material presented
  • statements or conduct of any third party made on or through our website
  • the inappropriate access, virus, theft, alteration, or any other form of security breach relating to data or transmissions
  • the destruction, corruption, interruption, unavailability, delay, error, accidental deletion, or any other form of data or transmission loss or damage
  • equipment damage or malfunction, business interruptions, lost time, sales or profits, consequential damage or any other pecuniary or economic losses or damages of whatever nature howsoever arising (including but not limited to any act or omission by us or any of our related bodies corporate)
  • any failure on our part to provide support services.

To the extent that they can be excluded, we do exclude all conditions and warranties which may be implied by law. To the extent permitted by law, the limit of our liability to any particular party for breach of any implied warranty or condition which cannot be excluded and in any event the absolute limit of our liability to any particular party in relation to any particular legal action is restricted to an amount not exceeding the amount paid to us by that party.

Jurisdiction

All products and services delivered through our website are deemed to be products and services developed in and delivered from Australia. This is also true even though many of our digital services may be fulfilled using computer networks located in countries outside of Australia and generally distributed around the world.

If you choose to access our website from any location outside Australia, you are solely responsible for compliance with your local law if, and to the extent that, it is applicable. In such a case you agree that by binding yourself to these Terms of Use, you waive any consumer rights you have which are capable of being waived under your local law and that these Terms of Use are the only terms of use that apply between you and us in respect of your use of our website and the supply by us to you of our goods and services.

All contracts and agreements, express or implied, arising from your use of our website and particularly from your payment for products or services from our website, are contracts made in Australia. This is true no matter what country you are in at the time of accessing our website or making your payment or what currency you used to make your purchase. By accessing our website or purchasing products or services from us, regardless of the place of your physical location or the local currency that you use to make payments, you agree that the laws of New South Wales, Australia shall govern your use of our website and these Terms of Use and you agree to submit to the exclusive jurisdiction of the state and federal courts located within New South Wales, Australia. This is a material term of these Terms of Use and we would not have agreed to supply you with our goods or services if ever an attempt (successful or otherwise) is made to construe that we are a witting or unwitting party to a contract or agreement, express or implied, that was made in or that applies to some other jurisdiction.

General matters

If any term within these Terms of Use is invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act at a later date or to act with respect to subsequent or similar breaches.

Updates

We may, at any time, revise these Terms of Use by updating this version. By using our website, you agree to be bound by any such revisions and should therefore periodically visit these Terms of Use to review the current version.

More information

If you have questions or would like further information about our Terms of Use, please contact Bigtix.

Dated 28 October 2016

Version 1.0