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TERMS OF USE

 

yourticketapp.com.au (the “Site”) is an online service owned and operated by YourApp Pty Ltd (ACN 124 388 834) Level 4 / 196 Wharf Street Spring Hill Brisbane Qld 4000. We operate the ticketing services offered via this website as the authorised agent of event organisers, venues or event promoters ('Presenter') and any tickets purchased from this website are purchased from Us as the agent of the Presenter. Any dispute you have relating to an event or ticket purchase is between you and the Presenter. As agent for the Presenter, We are not liable for any claims relating to an event or ticket purchase, except as otherwise set out in these terms Of Use.

The following are the rules or "Terms" that govern use of the Site. Please read these Terms of Use carefully before using the site. By using or visiting the Site, you expressly agree to be bound by the following Terms and all applicable laws and regulations governing the Site. You must not use or access the site in violation of these Terms of Use. yourticketapp.com.au ("yourticketapp") reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. By continuing to use the Site after the terms have been varied you agree to be bound by the variation. If you violate these Terms of Use, yourticketapp may terminate your use of the Site, bar you from future use of the Site, cancel your ticket order, and/or take appropriate legal action against you.

 

What you are agreeing to

  1. By visiting, using or purchasing any tickets via this website you agree to be bound by these Terms Of Use and Our Privacy Policy.

  2. Every ticket sold through yourticketapp is also subject to: - the Presenter's term and conditions (please see the Presenter's website); - any terms and conditions of the venue at which event is held (please see the venue's website); and - any terms and conditions that may be printed on the ticket. 

  3. The Presenter reserves the right to add, withdraw, reschedule or substitute and/or vary programs, prices, venues, seating arrangements and audience capacity. 

Permitted Use

 

You may use the Site and the information contained within for your own personal and non-commercial reference only.

 

 

Accuracy of the Information You Provide; Complying with Laws; Verifications and Authorisations

You may be asked to provide information during processes you engage in on the Site. You represent and warrant that all information you provide will be true, complete and correct, and that you will update all information as it changes. You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. If we are unable to verify or authenticate any information or authorise your credit card or bank account information, you may be prohibited from using the Site.

Links and Search Results

The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. yourticketapp has no control over these sites or the content within them. yourticketapp cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. yourticketapp does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against yourticketapp for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at info@yourticketapp.com.au and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

Commercial Use

 

You may not use the Site to resell or link to other sites for the purpose of selling tickets of any kind. We reserve the right to block access to this Site or yourticketapp's other services, or cancel a ticket order or ticket with respect to any person believed to be, or believed to be acting in concert with any person who is believed to be, violating the law or these Terms or yourticketapp's rights, or utilising automated means to process or place ticket orders, or who has ordered a number of tickets that exceeds the stated limit. Violating any limitations or terms on the Site will be deemed to be a violation of these Terms.

Access and Interference

You agree that you will not use any robot, spider or other automatic device, process or means to access the Site. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorised purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or "refresh" transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of yourticketapp.

Unauthorised Use of the Site

Any illegal or unauthorised use of the Site shall constitute a violation of these Terms of Use. You do not have permission to access the Site in any way that violates, or in the course of violating, these Terms of Use. Illegal or unauthorised use of the Site includes, but is not limited to, using the site to facilitate illegal ticket sales, unauthorised framing of or linking to the Site, or unauthorised use of any robot, spider or other automated process on the Site. It shall also be a violation of these Terms of Use: (a) for any individual (or group of individuals acting in concert) to request, more than 200 pages of the Site in any twenty-four hour period (hereafter referred to as "Abusive Use").

Suspected Violation of these Terms of Use or Law; Injunctive, Equitable Relief, and Liquidated Damages

Violations of these Terms of Use, including Unauthorised Use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in yourticketapp's sole discretion, and without prior notice, yourticketapp may terminate your access to the Site, cancel your ticket order or tickets acquired through your ticket order or exercise any other remedy available, if yourticketapp believes that your conduct or the conduct of any person with whom yourticketapp believes you act in concert violates or is inconsistent with these Terms Of Use or the law, or violates the rights of yourticketapp, a client of yourticketapp or another user of the Site.

You agree that monetary damages may not provide a sufficient remedy to yourticketapp for violations of these Terms and you consent to injunctive or other equitable relief for such violations. You agree that Abusive Use of the Site, as defined above, causes damage and harm to yourticketapp in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to Abusive Use of the Site. You further agree that monetary damages for Abusive Use of the Site are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and inconvenient to calculate. Accordingly you agree that liquidated damages are warranted for Abusive Use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 200 pages of the Site in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of ten dollars ($10.00) per page request each time that a page request is made after that first 200 during that twenty-four hour period. You also agree that this will be the measure of damages for any Abusive Use that occurred prior to this provision of these Terms of Use being in effect. yourticketapp is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of yourticketapp's rights.

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to the entire Site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.

 

 

Privacy

The yourticketapp Privacy Statement is incorporated into these Terms Of Use.

Disclaimers

YOURTICKETAPP DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOURTICKETAPP CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOURTICKETAPP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOURTICKETAPP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. YOURTICKETAPP MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE YOURTICKETAPP SERVICE. YOURTICKETAPP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, YOURTICKETAPP USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE YOURTICKETAPPSERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE YOURTICKETAPP SERVICE. YOURTICKETAPP IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to yourticketapp at info@yourticketapp.com.au. yourticketapp may investigate the claim and take appropriate action, in its sole discretion.

Limitation on Liability

OTHER THAN IN RESPECT OF ANY RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW (INCLUDING WITHOUT LIMITATION IN RESPECT OF ANY CONSUMER GUARANTEE) OR ANY OTHER APPLICABLE LAW UNDER WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED, IN NO EVENT WILL YOURTICKETAPP BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF YOURTICKETAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify and hold yourticketapp and its affiliates, and each of yourticketapp's and its affiliates' respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

General Provisions

If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect. This agreement is governed by the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.

Refund Policy

yourticketapp act as agent for the Presenter, and as such, we can only refund tickets in accordance with the Presenter's terms and conditions, and to the extent permitted by law, yourticketapphas no liability to you.

The Presenter 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 Presenter. Please contact yourticketapp directly first in order to determine your eligibility for a refund. 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.If the Presenter authorises a Refund, We will refund to you the ticket price. 

Refund of Booking fees / transaction fees may be refunded, depending on the Presenter and the reason for the refund. Any refund payable can only be made back to the credit card (whether temporary or otherwise) used in the original transaction.

 

yourticketapp has worked very hard at their ticket offering in partnership with their Event Partners. However, we realise it may not be exactly what you expected or you may perceive it doesn’t quite operate the way it is described. Should this rare occurrence take place, yourticketapp's Event Partners will provide a refund equal to the value of the ticket price paid should you bring this to our attention prior to the ticketed event commencing. We ask that you write your reason in the message box info@yourticketapp.com.au  Examples may include: you did not authorise the payment for the tickets, or the online solution is not working satisfactorily on your device. If yourticketapp and its Event Partner, at their collective sole discretion, decide that your grievance is legitimate, you’ll get a refund within 3 Business Days of notifying us of your grievance. You’ll be contacted via email letting you know whether you are receiving a refund or not. 

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