TERMS AND CONDITIONS OF USE, SALE AND PURCHASE
By accessing www.stickytickets.com.au ("site"), listing goods and services for sale or purchasing the goods and services offered by Sticky Tickets Pty Ltd ("Sticky Tickets") on behalf of Sellers, Sellers and Users agree to be bound by the following terms and conditions ("Agreement"):
VARIATION, TERMINATION AND INCLUSION
- By using the site, Sellers and Users confirm that they have the full power and authority to enter into and perform in accordance with the terms of this Agreement. Sellers and Users also agree that this Agreement is legal, valid and binding, and that its terms and conditions can be enforced.
- Sellers and Users understand that any breach of this Agreement may lead to termination of the Agreement and further action, including legal proceedings.
- Sticky Tickets may change the terms in this Agreement as deemed necessary by Sticky Tickets. When the terms are changed, Sticky Tickets will post notice on the front page of the site regarding the change. Sellers and Users agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Sticky Tickets and discontinue your use of the site. If you use the website after Sticky Tickets has posted a change to these terms on the website, you are agreeing to be bound by all of the changes.
- This Agreement must be read in conjunction with the Live Performance Australia Code of Practice and is taken to include its terms to the extent that those terms are not inconsistent with the terms of this Agreement.
- All tickets are sold by Sticky Tickets as agent for the Seller responsible for the event. Any claims by Users arising from a purchase of tickets are solely against the Seller.
- All tickets are sold subject to the terms and conditions imposed by the Seller. Users must rely on their own enquiries to ascertain those terms and conditions, if any, before purchase. Seller’s terms and conditions may include terms regarding admission, smoking, children, alcohol, dress standards and other issues.
- Sticky Tickets accepts no liability to Sellers or Users for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from you access to, use of, inability to access or reliance on the site or its content.
- While Sticky Tickets attempts to ensure the accuracy of information provided on the site, Sticky Tickets does not guarantee the accuracy of information, the suitability of products, or anything else.
- The Sticky Tickets website, and all other goods and services produced or supplied by Sticky Tickets come “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
- Users must rely on their own enquiries as to the accuracy of information provided on the site, including but not limited to venue, performing artists, program, seating arrangements and audience capacity.
- Adequate time must be allowed for delivery of tickets. If collection of tickets is proposed, it is the User’s responsibility to arrange collection prior to the event.
- Sticky Tickets makes no warranty or representations regarding any company, individual, website or organisation mentioned on the site, any links from the website, or the seller of goods or services offered through the site.
LEGAL FORUM AND CHOICE OF LAW
- By doing business with Sticky Tickets (accessing the site or purchasing the Products & Services offered by Sticky Tickets) Users and Sellers agree that:
- they have entered a contract in Sydney, New South Wales, Australia; and
- that this contract shall be governed by the law of New South Wales; and
- that the appropriate legal forum for any action arising out of this Agreement shall be a Court sitting in Sydney, New South Wales Australia for any action in which the jurisdiction by virtue of the action is the Local Court or District Court of New South Wales.
- In addition to complying with all restrictions on conduct and content, Sellers and Users are responsible for adhering to all local and national laws that pertain to their location, wherever they are.
COPYRIGHT AND TRADEMARK INFRINGMENT
- Sticky Tickets owns all content on this website. Any use of any portion of the website will be an infringement of Sticky Tickets copyright and trademarks.
- All Sellers and Users agree that they will be liable for any unauthorised use of Sticky Tickets copyrights and trademarks.
- Sellers uploading content to Sticky Tickets retain copyright in the content. Sellers grant Sticky Tickets the right to publish that content on the site.
REFUND AND RESALE POLICY
- Sticky Tickets maintains a strict no refunds policy except as set out in the LPA Code of Practice.
- Sticky Tickets will, in event of a refund, retain any fee charged to the extent permitted by law.
- Sticky Tickets reserves the right to charge a fee for replacement of tickets, or alternatively decline to provide replacement tickets.
- Tickets that are resold or assigned may not be honoured. Tickets that are resold for a premium, or used for advertising, promotion or any commercial purpose without the written consent of Sticky Tickets and the seller will be cancelled without refund, and the bearer refused admission.
- Payment for goods and services purchased from Sticky Tickets is by way an internet secure payment system sourced from a third party. Please refer to terms and conditions of the third party for particulars regarding the transaction.
- All prices are inclusive of GST unless otherwise stated. A Tax invoice for purchases will be automatically provided.
- Each party to this Agreement shall be excused from performance and shall not be liable for any delay caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers, except for obligations to make payments hereunder. These contingencies include, but are not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, labour disturbance or shortage, failure or delay in transportation, act of any government affecting the terms of this Agreement, accident, fire, explosion, flood, severe weather or other act of God.
- This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
- The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right.
- Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
- Sticky Tickets may at its discretion suspend or terminate operation of the site for maintenance or other reasons. In addition, technical and other issues may make the Sticky Tickets site unavailable from time to time. Sticky Tickets makes no commitment, warranty or guarantee that the site will operate in a timely, uninterrupted or error-free manner, or that the site will meet Sellers’s or User’s purposes. Sticky Tickets may also in its discretion modify the features, availability, operation and/or look and feel of the site from time to time without notice to our users.
- All provisions of this Agreement relating to payment, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.
- If any part of this Agreement is unenforceable, the unenforceable part shall be severed to the extent that it is unenforceable, and the remainder enforced to its full effect.
- If you have any queries contact Sticky Tickets at email@example.com, or by addressing a letter to Sticky Tickets, 119 Willoughby Road, Crows Nest, NSW, Australia, 2065.