Website Terms of Use for Organisers Selling Tickets - Ticketebo

Website Terms of Use - Organiser

This website (“Site”) is owned and operated by Ticketebo Pty Ltd (ACN 164 529 944) trading as Ticketebo ("Ticketebo"). Throughout these Organiser Terms, the terms “Ticketebo”, “we”, “us” and “our” refer to Ticketebo and its associated entities and “organiser”, “you” and “your” refer to the individual accepting these Terms and/or any entity that you are acting on behalf of.

These terms and conditions govern the relationship between you and Ticketebo. Please read this agreement carefully. By creating an account with Ticketebo (“account”), you are agreeing to be bound by the following terms (“Terms”) and by the Ticketebo Privacy Policy []. You must not use or access your account or the Site in violation of these Terms. If you choose not to be bound by the Terms then you must not use your account or this Site to advertise or promote any event.

Ticketebo may vary these Terms at any time and will post the variations on this Site and/or email the varied terms to you. By continuing to use the site after the terms are varied, you agree to be bound by the variation.

1.  Who we are and what we do

1.1.  Ticketebo offers the following services to event organisers (“services”):

1.1.1.  We allow you to create an event page on our Site from our easy-to-use templates to advertise and promote your event or organisation via a unique URL;
1.1.2.  We allow you to determine the ticket price and ticket delivery methods;
1.1.3.  We give you access to our secure payment gateway (“gateway”) through which people (“buyers”) can buy tickets to your event or buy a membership registration directly from your event page;
1.1.4.  We process and hold all payment from Buyers on your behalf so you do not need to set up your own payment processes. You will receive 100% of your designated ticket or registration price less the Ticketebo booking fee set out in term 6;
1.1.5.  We deliver all tickets to Buyers on your behalf, through the various delivery options available, and selected by you for your customers;
1.1.6.  We maintain accurate records of the number of tickets purchased for your event which we will provide to you on request so that you can easily track how ticket sales for your event are progressing; and
1.1.7.  If you want to hand over aspects of your event page management to us, or require customised pages and fulfilment processes, we can do this on your behalf for additional fees.

2.  Your use of our Services

2.1.  Ticketebo grants you a non-exclusive, non-transferrable right to access and use the Services solely for the purposes of creating an event page, offering to sell and selling tickets or registrations to an event or organisation you have registered on the Site. In consideration of this right, you agree that we may charge a booking fee (“booking fee”) per ticket as outlined in term 6.
2.2.  From time to time Ticketebo may allow you to download or use software in connection with the services (for example, mobile applications or embedding code for your independent website). In those circumstances, Ticketebo grants you a personal, non-transferable, revocable, non-exclusive licence to use such software solely for your use in connection with the Services and in accordance with these Terms and any instructions provided by Ticketebo in conjunction with the software.
2.3.  Each ticket is issued by Ticketebo subject to our user terms and conditions []. You acknowledge that you have read and agreed to these user terms insofar as they apply to you as an event organiser and user of the Site. The user terms make provision for you or the venue operator to set additional terms and conditions specifically related to your event. You must clearly outline any additional terms and conditions on your event page.

3.  Creating an account

3.1.  To access the services, you must create an account on the Site.
3.2.  You must be at least 18 years of age to create an account. The Site is for the sale of tickets or registrations to an event or organisation being conducted in Australia only.
3.3.  If you are an individual creating an account on behalf of your employer or a company, you acknowledge and represent that you have the legal authority to represent that legal entity and to grant Ticketebo the permissions outlined in these Terms.
3.4.  By creating an account, you authorise Ticketebo to act as your agent in respect of ticket sales for your event and specifically to:

3.4.1.    advertise and promote your event or organisation via the event page and the Ticketebo website, and as otherwise agreed;
3.4.2.    sell tickets or registrations to the public for any event promoted on the event page;
3.4.3.     collect GST on ticket sales as applicable;
3.4.4.     collect payment from buyers and hold it on your behalf;
3.4.5.     retain all relevant booking fees; and
3.4.6.    process and deliver purchased tickets to buyers, including to email, mail or otherwise make the tickets available to buyers.

3.5.  To create your account, you will need to supply a password. It is your sole responsibility to maintain the confidentiality of the password and the activities conducted by your account. Ticketebo is not liable for any loss or damage resulting from your failure to maintain a secure account or for any unauthorised modification of the event page.  
3.6.  It is your responsibility to provide and maintain accurate account information, including the user name, contact details and banking details, and you agree to notify Ticketebo immediately of any change to this information. We are not responsible for deposits into a bank account where incorrect or out of date information have been provided to us.
3.7.  All personal information you provide will be held in accordance with the Ticketebo Privacy Policy [].

4.  Content of the event page

4.1.  It is your responsibility to upload all relevant information to the event page and to ensure the content complies with term 9. You agree that all content you upload is true, accurate and complete, and will be maintained and kept up to date. Ticketebo is not liable for a failure on your part to accurately and adequately inform buyers of the terms of their purchase. This includes information regarding:

4.1.1.  the date and time the tickets are available for purchase;
4.1.2.  the payment methods available to buyers;
4.1.3.  refund timeframes in the event of cancellation and/or issuing error (must be consistent with term 8);
4.1.4.  whether there is a maximum number of tickets that can be purchased in any one transaction (our user terms allow for a maximum of 10 tickets); and
4.1.5.  the delivery methods for purchased tickets.

5.    Ownership of content

5.1.  You retain ownership of information and content uploaded by you to the event page. However, to enable Ticketebo to reproduce the event content on the Site, you grant to Ticketebo a non-exclusive, transferrable, assignable and sub-licensable licence worldwide to all information, content, graphics, logos, images and other content (“Organiser Content”). This licence permits Ticketebo to copy, reproduce, modify, create derivative works, publish or distribute the Organiser Content as it sees fit.
5.2.  You represent, warrant and guarantee that:

5.2.1.   you have all rights necessary to grant the licence contained in term 5.1;
5.2.2.  the Organiser Content does not infringe the intellectual property or ownership rights of a third party;
5.2.3.  you will not make any attempt to disguise the origin or owner of Organiser Content or the provider of the tickets promoted through the Organiser Content; and
5.2.4.   you are responsible for the content or reliability of any websites linked via the Organiser Content.

5.3.  All content, images, software and designs on the Site other than the Organiser Content (“Ticketebo Content”) are owned by us or used under licence or with consent, including from other event organisers. You may make a temporary copy of all or part of the Site on your local computer for the sole purpose of reviewing the event page. You may also retain a single permanent copy for your business records. You may not otherwise in any form copy, reproduce, modify, create derivative works, publish or distribute Ticketebo Content without the prior written consent of Ticketebo or as permitted by applicable copyright laws.
5.4.  The Ticketebo Content is protected by copyright under the laws of Australia and other countries through international treaties. You must not remove any proprietary notice or credits contained on the Site.
5.5.  The Site contains trademarks, logos and trade names of Ticketebo (“Ticketebo Trade Marks”) which may be registered or otherwise protected by law. Ticketebo Trade Marks will be included on all materials we generate on your behalf, including all tickets and your Event Page. You must not otherwise use any trademarks, logos or trade names which are used on the Site without our permission. Nothing contained on this Site should be construed as granting any licence or right to use any trade mark displayed on the Site.
5.6.  We reserve all of our rights to enforce our intellectual property rights to the fullest extent of the law.

6.    Payment

6.1.    When you set up an event page on the Site, you will:

6.1.1.    identify your ABN (if applicable) and whether you are registered for GST;
6.1.2.    input the cost of the ticket exclusive of GST.  Subject to term 6.2, you determine the ticket price in your sole discretion.

6.2.  In consideration of the services provided to you, Ticketebo will collect a booking fee in respect of every ticket sold on your behalf. The booking fee is 4% (including GST) of the total price of each ticket sold by you, with a minimum charge of $1.20 (Inc GST) per paid transaction.
6.3.  You may choose to incorporate the booking fee in the ticket price you designate so that it is an ‘all inclusive’ price, or you may choose to have the booking fee applied on top of the ticket price and identified separately to the buyer.
6.4.   In addition to the booking fee, the following fees and taxes may be applied by Ticketebo as relevant:

6.4.1.    Postage and handling fee: this will be applied where a buyer requests tickets to be mailed and may include registered post and insurance costs where requested by the buyer; and
6.4.2.    GST.
6.4.3.   Buy Now, Pay Later instalment fee ("BNPL"). Where BNPL instalments are authorised by you and provisioned for tickets sold to your event, an additional fee of 5.5% (Inc GST) will be applied to each order which utilises the BNPL service. This fee is chargeable to the Event Organiser.

6.5.  Ticketebo will collect all payment from buyers. You authorise Ticketebo to hold such payment on your behalf.
6.6.  Within 5 days after your event, Ticketebo will:

6.6.1.  provide you with a statement detailing the number of tickets sold to buyers, the gross payment collected by Ticketebo, a break down of any fees due to Ticketebo and the net amount due to you (“accounting statement”); and
6.6.2.  electronically transfer to your designated bank account the net amount described in the statement.

6.7. Ticketebo understands you may seek access to ticket revenues prior to your event. To facilitate this, Ticketebo supports third party gateway integrations (eg Stripe Payments).  If you elect to use a third party gateway as your payment option, you agree that our Fees will be remitted to us on each transaction. If you choose to use a third party gateway, fees chargeable by the gateway, management of the ticket funds (including the collection, holding and release such funds) will be a matter between you and the third party gateway service provider. Any terms governing your use of the third party gateway are between you and the third party service provider, and do not in any way affect these Terms.
6.8.  You may request an accounting statement from Ticketebo at any time during the on sale period for your event.
6.9.  You are aware that in some circumstances buyers may initiate a credit card charge back. Any chargeback with respect to your event (processed at any time after a purchase) will be charged back to you and Ticketebo is not responsible or liable in any way for chargebacks initiated by Buyers. You indemnify Ticketebo for any such chargebacks.
6.10.  Unless stated to be otherwise, charges referred to for any tickets supplied via the Site are stated inclusive of GST. A receipt will be provided to the purchaser on completion of purchase. Any Tax Invoices which need to provided to the patrons are the responsibility of organiser as the responsible entity for the event.  GST means the Australian goods and services tax charged under the A New Tax System (Goods and Services Tax) Act 1999. Tax Invoice means tax invoice as defined by the Act.
6.11.  All ticket prices are stated in Australian dollars.
6.12.  You must raise any objections to any accounting statements from Ticketebo within 21 business days after the date the accounting statement is issued to you. If no objection is raised within that period, you are deemed to have accepted the accounting statement.

7.  Cancelled, varied or postponed events

7.1.  If you become aware that the details of an event will need be varied (including time, date, venue, supporting acts etc.) or the event is to be cancelled, you must immediately notify Ticketebo and promptly update the event page.
7.2.  Unless you otherwise clearly specify in the Event Content, if an event is cancelled, varied or postponed, you agree to offer to buyers a comparable ticket at a rescheduled event, or a refund of the full ticket price.
7.3.  You must use reasonable endeavours to notify ticket holders of a cancellation, variation or a postponement before the date of the event. Ticketebo will assist you by providing relevant purchaser contact information; however it is your responsibility to contact the buyer. Any buyer personal information we provide to you is solely for the purpose of updating them on the cancellation, variation or postponement of an event only. You are not authorised to send buyers any unsolicited emails, mail or “spam” or to add them to your ‘mailing list’ (unless they have opted in to receive further correspondence from you during the ticketing process).
7.4.  Once you have notified Ticketebo of a cancellation:

7.4.1.  Where Ticketebo is holding all payments on your behalf, we will refund buyers the full ticket price onto the same payment card used for the purchase;
7.4.2.  Where you have received early access to payments under term 6.7, Ticketebo will execute refunds to buyers on your behalf via the third party provider, and it is your responsibility to ensure funds are available in your account to cover the value of refunds to be processed;
7.4.3.  Ticketebo may charge you an event cancellation fee, and refund processing fees for providing assistance with the refund process; and
7.4.4.  In addition to the ticket price, you are liable to refund any mandatory fees the buyer has incurred as part of their ticket purchase (such as the booking fee). Payment of the booking fee by you to Ticketebo is for the service of facilitating the promotion of the event and the payment process; and it is not contingent upon the event going ahead.

7.5.  You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with any cancelled, varied or postponed event and consequential refunds to buyers, including any short fall in refund amounts by reason of the payment by you to us of the booking fee.

8.  Exchanges and refunds

8.1.  All ticket sales are final and unless you state otherwise on the event page, you are only expected to provide a refund or exchange in accordance with the LPA Code of Practice.
8.2.  Where an error in ticket pricing is identified (whether due to human error or a transactional malfunction of the Site), upon request we will endeavour to cancel the ticket(s) where a refund to the purchase is to be provided.

9.  Unauthorised content on event pages

9.1.  As Ticketebo is reproducing and promoting the Organiser Content, it is important that such content be appropriate. We consider the following to be examples of inappropriate content and as such you agree not to upload Organiser Content which:

9.1.1.  promotes or facilitates the sale of any goods or services other than tickets or the registration of events;
9.1.2.  contains viruses or files of any type which are designed to interrupt, destroy of limit the functionality of computer software or hardware (or links to any such viruses of files);
9.1.3.  is offensive to any individual or group, such as racist or bigoted content, or content which incites hatred or physical harm of any kind;
9.1.4.  could be harmful to minors;
9.1.5.  harasses or advocates harassment;
9.1.6.  promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory;
9.1.7.  infringes the intellectual property or legal rights of another person, such as copyright or trade mark rights;
9.1.8.  displays pornographic or sexually explicit material of any kind; or
9.1.9.  facilities gambling or gaming activities without our prior written consent such as contests, raffles, sweepstakes or lotteries.

10.  Unauthorised use of the Site

10.1.  If we become aware that you have committed, or intend to commit any of the actions below, we may take the action set out in term 12 and immediately and without notice terminate your account and stop payment of any amount that may be owing to you.
10.2.  The following are examples of unauthorised use of the Site and therefore such actions constitute a breach of these Terms. You agree that you will not:

10.2.1.  interfere with the proper working of the Site or take any action that imposes an unreasonably large burden on the Site; or
10.2.2.  hack into the Site or use robots, spiders or other devices.

10.3.  The following are examples of unauthorised use of your account and therefore such actions constitute a breach of these Terms. You agree that you will not:

10.3.1.  use your account for the promotion of an event where it is not intended that Ticketebo facilitate ticket sales through the Site;
10.3.2.  use this Site for the promotion of an event which is not actually intended to take place; or
10.3.3.  facilitate illegal ticket sales or use the Site to resell tickets where you are not authorised to do so, including by way of unauthorised framing or links to other sites for the purpose of reselling.

11.  Termination of Account

11.1.  Ticketebo reserves the right to terminate your account without prior notice where:

11.1.1.  you are in breach of these Terms;
11.1.2.  you are fraudulent in connection with your account;
11.1.3.  there is a failure to pay amounts owed to Ticketebo in a timely manner;
11.1.4.  you commit any act of bankruptcy as defined in the Bankruptcy Act 1966 (Cth), make a scheme or arrangement with creditors, or are placed in receivership, liquidation, administration or any form of insolvency administration or a receiver and manager or provisional liquidator of the undertaking is appointed; or
11.1.5.  your account remains inactive for a period of 2 months and there is a failure by you to demonstrate an intention to use.

11.2.  Ticketebo may at its sole discretion terminate your account with 30 days’ notice.

12.  Consequences of a breach

12.1.  Ticketebo reserves the right to monitor all content contained on the Site, including Organiser Content, to ensure compliance with these Terms. If you breach these Terms or we believe you are or were acting in concert with any person who has done so, we may without prior notice:

12.1.1.  alter, edit or remove any or all Organiser Content;
12.1.2.  delete your account and cancel any tickets or ticket orders that have been made by a purchaser via the account without refund;
12.1.3.  prohibit you from opening future accounts;
12.1.4.  block or limit your access to the Site; and/or
12.1.5.  take legal action against you.

13.  Disclaimer and Limitation of Liability

13.1.  You use the Site and your account at your own risk.
13.2.  We do not guarantee, represent or warrant that the Site will be free of defects or bugs, or that your access will be uninterrupted, timely or error free. Your access to the Site and/or your account may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
13.3.  We reserve the right to change or discontinue any feature or service on the Site at any time.
13.4.  To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Site that are not set out in these Terms.
13.5.  To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to the replacement of goods or re-supply of services or the replacement cost of goods or re-supply of services.
13.6.  In relation to any express warranty or condition set out in these Terms in connection with goods or services supplied or offered by us via the Site, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.
13.7.  Ticketebo disclaims any and all liability for the acts, omissions and conduct of any third party users, promoters, advertisers and/or sponsors on the Site or otherwise related to your use of the Site.

14.  Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, or access to or conduct in connection with the Site or your Account, including any breach by you of these Terms.

15.  General Provisions

15.1.  The Terms shall in all respects be governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under these Terms.
15.2.  If any provision of the Terms is deemed invalid or unenforceable, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms.
15.3.  No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term of any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.