Terms of Sale
These terms and conditions apply to the purchase of Tickets to participate in Events promoted by an Organiser by You (Purchaser, Buyer, Your and other similar terms) via Our (Sticky Tickets Pty Ltd ACN 122 052 206, Sticky Tickets, Company, We, Our, Us and other similar terms) website located at the url www.stickytickets.com.au (Site).
Our contact information is as follows:
Sticky Tickets Australia Pty Ltd
ACN 122 052 206
119 Willoughby Road
Crows Nest NSW 2065
Telephone: 02 8766 0660
Terms of Sale
Offer to Purchase
The terms and conditions in this document apply after You have made an Offer to purchase Tickets to Participate in Events promoted by an Organiser via Our Site at the prices indicated. The price of the Tickets includes:
- the Tickets ordered;
- any applicable taxes; and
- any applicable fees.
- You acknowledge and agree that You have had sufficient opportunity to read and understand the terms and conditions on which We are prepared to accept Your Offer and that You are legally able to make it.
- You acknowledge that these terms and conditions were brought to Your attention prior to making the Offer to purchase the selected Tickets.
If making an Offer, You warrant that:
- the information provided regarding the delivery address and Your contact information is accurate;
- You understand that We may contact You to confirm the details that you have provided to Us in regard to your Offer and your Account with Us.
Live Performance Australia Code of Practice
This Agreement incorporates the terms contained in the Live Performance Australia Code of Practice to the extent that those terms are not inconsistent with this Agreement.
Definitions & Interpretation
In this Terms of Sale, unless the context or subject matter otherwise requires:
Account - means the details including a user name and password that provides You with access to Our Site.
Agreement - means the terms and conditions contained in this Terms of Sale, including any schedules, annexures or documents incorporated by reference.
Charges - means all other costs as shown on Our Website at the time You agreed to be bound by the terms and conditions contained in this Agreement.
Checkout - means the area of Our Site where You submit You Offer to purchase the Tickets to Us.
Event - means an activity where an Organiser lists Tickets for sale and You are invited to purchase them in exchange for the right to attend or otherwise participate in the activity promoted by the Organiser, including the purchase of physical items.
Offer - means the offer by You to purchase the selected Tickets as shown in the Checkout on Our Site.
Organiser - means the party responsible for advertising and promoting the Event on Our Site.
GST - means Goods and Services Tax or other tax that is substituted or replaces the GST tax.
Order - means an Offer which has been accepted by Us to provide the Tickets to the Event on the terms contained in this Agreement.
Parties or Party - means You and Us that are parties to this Terms of Sale as the case and the context requires.
Price - means the total amount of money to be paid for the Tickets shown on the Order received from You.
Refunds Policy - means the Company’s policy by which it will allow You to return Goods as provided on Our Site.
Single Figure Price - means the price of the Goods and any delivery or shipping costs, insurance and tax or GST.
Special Conditions - means the conditions imposed on the sale of the Tickets by the Organiser of the Event.
Tickets - means those items which the Organiser has promoted as part of an Event for sale through Sticky Tickets and which You have Offered to purchase through the Site.
In this Agreement:
a reference to:
- one (1) gender includes the others;
- the singular includes the plural and the plural includes the singular;
- a person includes a body corporate;
- a document or instrument includes the document or instrumented as novated, altered, supplemented or replaced from time to time;
- a Party includes the Party’s executors, administrators, successors and permitted assigns;
a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:
- that Statutory Provision as amended or re-enacted from time to time; and
- a statute, regulation or provision enacted in replacement of that Statutory Provision;
- an amount of money is to an amount in Australian dollars ($AUD);
- time is to Australian Eastern Standard Time; and
- a Schedule refers to a Schedule contained in this Agreement;
- including and similar expressions are not words of limitation;
- where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
- headings and the table of contents are for convenience only and do not form part of this Agreement or affect its interpretation;
- where a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed or the event must occur on or by the next business day; and
- a provision of this Terms of Sale must not be construed to the disadvantage of a Party merely because that Party was responsible for the preparation of this Agreement or the inclusion of the provision in it.
- a reference to:
Sticky Tickets as Agent
- We provide the Site to Organisers to promote and advertise Tickets to Events.
- We act as agent for the Organisers for the sole purpose of collecting payment of the Price for the purchase of Tickets Ordered through Our Site.
- We do not sell the Tickets to You except as agent for the Organiser. We make no warranty about the Tickets and expressly disclaim any warranty in relation to the Tickets sold on Our Site unless We specifically state otherwise on Our Site.
- You purchase the Tickets on the Terms and Conditions set out in this Agreement.
Sale and Purchase
You have offered to purchase the Tickets shown on the Checkout of our Site and agree that the terms and conditions contained in this Agreement apply to Your Order.
Placement of Orders
We may decline any Order received from You by written notice to within three (3) days of receipt of the Order.
Acceptance of Offer
- The Offer is accepted and becomes an Order when We accept the Offer as contained in the Checkout.
- We sell to You as agent for the Organiser, and You buy from Us the Tickets on the terms and conditions contained in this Agreement.
- Any Special Conditions incorporated by an Organiser at the time you submit Your Offer to Us are incorporated into the Order and You are bound to comply with them. For the avoidance of doubt, a breach of the Special Conditions constitutes a breach of this Agreement.
We will deliver the Tickets to the email address supplied by You. Where the Tickets include physical items, You consent to the Organiser using the shipping company of its choice to deliver the Tickets to You at Your specified physical address.
The Prices quoted by the Company and shown on the Order Form provided apply at the time the Offer is made by You and not at any other time.
Where applicable, the Single Figure Price is inclusive of GST.
Use of Account
Account and Password
You agree to keep any passwords provided by Us to Our Site confidential. You are expressly prohibited from sharing Your account details with third parties.
Termination of Account
We reserve the right to limit, cancel, suspend or terminate Your account without
notice to You and without providing a reason if We believe:
- You are breaching any of the terms of this Agreement which cannot be remedied; or
- Your use of the account may be a breach of a third party’s intellectual property rights.
- You agree not to hold the Us liable for claims, demands or damages (including actual and consequential) of any kind for the closing of Your account.
- We reserve the right to limit, cancel, suspend or terminate Your account without notice to You and without providing a reason if We believe:
Refunds are subject to our Refunds Policy available on Our Site at https://www.stickytickets.com.au/refund-policy
Disclaimer of Warranties
You warrant that:
- the Tickets have been obtained at Your own discretion and risk;
- You will use the Tickets strictly as required by any guidelines or recommendations provided by Us or the Organiser;
- You have made Your own investigations into the suitability of the Tickets and are not relying on any representation not expressly made by Us;
- You will take out any policy of insurance as reasonably required by Us to protect against any foreseeable risk posed by use of the Tickets;
- You will back up all data across Your enterprise on a daily basis;
- You will ensure that backups made are capable of being restoring such data in a prompt manner on a regular basis; and
- any advice or information, whether oral or written, obtained from Us in relation to the Tickets does not create any warranty not expressly stated herein.
- To the maximum extent permitted by law, We disclaim all warranties in relation to Tickets not expressly made by the Company and incorporated into this Agreement.
- You expressly acknowledge and agree that, to the maximum extent permitted by law subject to the Company’s compliance with the obligations contained in the Competition and Consumer Act 2010(Cth)(ACL) its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied. As we are not the seller of the Tickets, We do not offer any warranties regarding the title or merchantability of the Tickets unless otherwise stated in this Agreement or on Our Site.
We make no warranty that:
- the Goods will meet Your exact requirements; and
- the performance of the Goods will meet your expectations.
Limitation of Liability
Limitation of Liability
- As We act as agent for the Organiser for the sale of the Tickets, You agree that any liability for defects in the Tickets or damage or loss sustained by the Tickets is against the Organiser. You acknowledge that We are not liable for any loss or damage resulting from Your purchase of the Tickets.
- Except for certain consumer guarantees which may apply under the Australian Consumer Law (ACL), We do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Tickets.
Subject to any claims available under the ACL, We and Our officers, employees and
agents are not liable for any loss or damage, including, but not limited to, direct,
indirect or consequential losses including any form of consequential loss such as any
third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated
savings, pure economic loss and an increased operating cost, personal injury or death,
however suffered or sustained in connection with:
- any inaccurate or incorrect information provided on the Site;
- Your use of the Tickets or the Site;
- any failure or delay including, but not limited to, the use or inability to use the Site;
- any interference with or damage to Your computer systems which occurs in connection with use of the Site; or
- the cost of procurement of substitute Tickets.
For claims that cannot be excluded or restricted under the ACL, Our liability for such
a claim will (at Our option and to the extent permitted by law) be limited to:
in the case of physical goods:
- repairing or replacing those Tickets; or
- paying the cost of having those Tickets repaired or replaced; and
if the breach relates to services:
- resupplying those or equivalent Tickets; or
- paying the cost of having those Tickets resupplied.
- in the case of physical goods:
- Nothing in this Agreement attempts to limit or exclude liability of the Company in compliance with section 64 of Schedule 2 of the ACL.
You indemnify, defend and hold harmless Sticky Tickets, its employees, officers, authorised representatives and agents (Indemnified Parties) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a solicitor and own client basis) that the Indemnified Parties may incur or suffer as a direct or indirect result of:
- Your breach of any provisions of this Agreement;
- Your negligent acts or omissions;
- Your actual or alleged breach of any law, legislation, regulation, by-law or code of conduct; or
- any claims brought by or on behalf of a third party relating to any act or omission by You, including infringement of a third party’s intellectual property rights.
- Neither Party may commence court proceedings relating to any dispute, except where seeking urgent interlocutory relief, under this Agreement (Dispute) unless they have complied with this clause 8.1.
A Party with a Dispute (Complainant) must give the other Party (Respondent) written notice
(Dispute Notice) specifying:
- the nature of the Dispute; and
- what they require to settle the Dispute.
- Within fourteen (14) days of the receipt of a Dispute Notice, the Parties must use reasonable efforts to resolve the dispute. If the Parties cannot resolve the dispute within that period, they must refer the dispute to an arbitrator.
- If the Parties cannot agree on an arbitrator within seven (7) days after a request under clause 8.1(c) the Australia Centre for International Commercial Arbitration (ACICA) will appoint a mediator.
- Any arbitration of a Dispute will be conducted in accordance with the ACICA Arbitration Rules as amended from time to time.
- The seat of arbitration will be Brisbane and the language of arbitration will be English.
- The Parties agree that any arbitration must take place on an individual basis, and cannot be conducted in a class, consolidated or any other way joined with other persons not a Party ' to this Agreement.
- Approvals and consents - Except where this Agreement expressly states otherwise, a Party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under this Agreement.
- Assignment – We may assign any of Our rights and obligations under this Agreement by notifying You of such an assignment. You may not assign Your rights under this Agreement without Our prior written consent, which may be granted or withheld in Our complete discretion and, if granted, may be subject to conditions.
- Entire agreement - This document contains the entire agreement between the Parties in connection with its subject matter and supersedes all previous agreements and understandings except as otherwise provided herein.
- Governing law and jurisdiction – The laws of New South Wales and Australia govern this Agreement. The Parties submit to the non-exclusive jurisdiction of the Supreme Court of New South Wales and the Federal Court of Australia.
- No merger - The rights and or obligations of the Parties under this Agreement do not merge on completion of any transaction contemplated by this Agreement.
Notices - A notice, approval, consent or other communication in connection with this Agreement
must be in writing sent to the address of the receiving Party as it appears in this Agreement or as
such details are provided by You to Us on Our Site or such other address as may be communicated by
the receiving Party, marked for the attention of any person nominated for that purpose by the
receiving Party (and who in the absence of any such nomination is the signatory to this agreement
on behalf of the Party), and may be sent by prepaid post (air mail if international), courier,
facsimile transmission or electronic mail. A notice, approval, consent or other communication
is taken to have been received:
- two (2) business days after sending if sent by post (five (5) business days if sent to or from a location in another country);
- if sent by courier, at the time indicated by the records of the courier;
- if sent by electronic mail, on receipt by the sender of an acknowledgment indicating that the mail item was received by the recipient.
- Severance - If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in full force and effect.
- Survival - Any clause which is expressed to survive, or which by its nature is intended to survive termination of this Agreement, survives termination.
- Variation - An amendment or variation to this Agreement is not effective unless it is in writing and signed by the Parties.
- Waiver - A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver is not effective unless it is in writing and signed by the Party giving it.
Warranties regarding capacity - Each Party represents to each other that as at the date
of this Agreement:
- it has taken all necessary action to authorise its entry into and performance of this Agreement;
- it has the power to enter into and perform its obligations under this Agreement; and
- its obligations under this Agreement are valid and binding and enforceable against it in accordance with its terms.