INTIX TICKETING LIMITED (Company number 15504181) ("INTIX") owns and operates this website ("INTIX Website"). Access to and use of the INTIX Website is subject to these Terms and Conditions. By using the INTIX Website, you ("Customer") are agreeing to all of these Terms and Conditions, as may be updated by INTIX from time to time. You, the Customer, should check this page regularly to take notice of any changes INTIX may have made to these Terms and Conditions.
INTIX reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon posting on the INTIX Website. The Customer's agrees that its continued use of the INTIX Website following such posting will represent an agreement by the Customer to be bound by these Terms and Conditions as amended.
Background
INTIX owns and operates the INTIX Website.
INTIX facilitates the sale of tickets by third parties who organise events ("Event Organisers").
The Customer wishes to purchase tickets to the events from the Event Organisers through the INTIX Website ("Permitted Use").
INTIX will allow the Customer to use the INTIX Website for the Permitted Use on these Terms and Conditions.
DefinitionsClaims includes any claim, notice, demand, costs, expenses, debts, dues, liabilities, damages, losses, action, proceeding, litigation, judgment or order, however it arises, past, present or future, fixed or unascertained, actual or contingent;Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.Ticket Contract means the contract for the sale and purchase of any tickets (via the INTIX Website) between the Customer and the Event Organiser for an event organised by the Event Organiser.
INTIX WebsiteAccess to the INTIX Website is permitted on a temporary basis, and INTIX reserves the right to withdraw or amend the Customer's use for any reason and without notice. INTIX will not be liable if for any reason the INTIX Website is unavailable at any time or for any period. From time to time, INTIX may restrict access to some parts or all of the INTIX Website.
Ticket Contracts
Purchasing Tickets
Customer's AccountThe Customer acknowledges and agrees that in order to purchase tickets to an event listed on the INTIX Website, the Customer will need to create an account ("Customer's Account"). In relation to the Customer's Account, the Customer warrants and agrees that:
The Customer is solely responsible for maintaining the confidentiality of the Customer's Account;
The Customer will not disclose its password to the Customer's Account to any person;
The Customer is at least 18 years old;
All information used by the Customer to create the Customer's Account is true, complete and correct;
The Customer will comply with all laws.
The Customer agrees that INTIX shall not be responsible for any misuse by the Customer of the Customer's Account and the Customer releases INTIX from all loss and damage suffered by the Customer which has been caused by the Customer's failure to comply with these Terms and Conditions.
INTIX reserves the right to suspend, or terminate the Customer's Account and access to the INTIX Website for any reason which shall include, without limitation, misuse by the Customer of the Customer's Account and any breach of the obligations contained in these Terms and Conditions.
Ticket ContractsThe Customer agrees and acknowledges that:
All Ticket Contracts are entered into on and subject to the terms and conditions provided by the Event Organiser and of any venue at which the relevant event is held. The details of the Event Organiser Terms and Conditions are available on the Event Organisers Website.
INTIX has no control or influence over the terms and conditions of a Ticket Contract, including without limitation the price, ticket availability, seating layouts and anything to do with the Event Organiser's event.
The Ticket Contracts and the obligations and conditions contained therein are the sole responsibility of the Customer and the Event Organiser.
The Customer must liaise with the Event Organiser in relation to ticket and event queries.
INTIX shall have no obligation to liaise with the Event Organiser on behalf of the Customer in relation to ticket and event queries.
INTIX shall bear no liability or responsibility in relation to any events which are cancelled or postponed for any reason or any disputes between the Customer and the Event Organiser with respect to a Ticket Contract. In the event that the Customer requires a refund, the Customer must contact the Event Organiser. The Customer acknowledges that INTIX does not issue refunds for tickets purchased using the INTIX Website.
The Customer releases INTIX (and each of their officers, employees, contractors, consultants and agents) from all Claims arising out of or in any way connected with any obligations or disputes concerning the Ticket Contracts and indemnifies INTIX (and each of their officers, employees, contractors, consultants and agents) from all Claims arising out of or in any way connected with any obligations or disputes concerning the Ticket Contracts.
Order ProcessingThe Customer acknowledges and agrees that:
Once the Customer purchases a ticket using their Customer's Account, the Customer will receive an email at the address provided by the Customer in the Customer's Account confirming:
That the ticket purchase has been successful;
That a copy of the ticket(s) can be accessed via the Customer's Account.
That a copy of the tax invoice can be accessed via the Customer's Account.
The Customer must have Adobe Reader installed on its computer in order to print the ticket(s).
Resale of tickets & scalping
The Customer acknowledges and agrees that there are various laws in Australia which govern the resale of tickets. The Customer agrees that it will comply with all relevant laws regarding the resale of tickets purchased using the INTIX Website.
The Customer agrees that it must not offer tickets purchased using the INTIX Website for resale in contravention of any legislation and further, the Customer must not use any tickets purchased using the INTIX Website in combination with or as part of any other product, service or promotion, without the written consent of INTIX and the Event Organiser.
If a ticket is sold or used in breach of these Terms and Conditions or in breach of any laws, INTIX may cancel the ticket immediately and without notice to the Customer.
Linked sitesThe INTIX Website may contain links to other websites ("Linked Sites"), which are not operated by INTIX. INTIX has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from the Customer's use of them. The Customer's use of the Linked Sites will be subject to the terms of use contained within each such site.
Privacy policyOur privacy policy, which sets out how we will use your information, can be found on the INTIX Website. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.
Prohibitions
The Customer agrees and acknowledges that it will not misuse the INTIX Website. In addition, the Customer agrees and acknowledges that the Customer will not:
commit or encourage a criminal offense;
transmit or distribute a virus, trojan, worm or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
hack into any aspect of the INTIX Website; corrupt data; cause annoyance to other users;
infringe upon the rights of any other person's proprietary rights;
send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
attempt to affect the performance or functionality of any computer facilities of or accessed through the INTIX Website.
INTIX will not be liable for any loss or damage suffered by the Customer due to the Customer's misuse of the INTIX Website or to the Customer downloading of any material posted on the INTIX Website, or on any Linked Sites.
Intellectual property, software and contentThe Customer acknowledges and agrees that the Intellectual Property Rights in all software and content (including photographic images) made available to the Customer on or through this Website remain the property of INTIX or its licensors. All such rights are reserved by INTIX and its licensors. The Customer is not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to the Customer or which appears on the INTIX Website nor may the Customer use any such content in connection with any business or commercial enterprise.
Disclaimer of liability
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the INTIX Website is provided without any guarantees, conditions or warranties as to its accuracy.
To the fullest extent permitted by law INTIX hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the INTIX Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This clause does not affect any liability which cannot be excluded or limited under applicable law.
Disclaimer as to ownership of trade marks, images of personalities and third party copyrightExcept where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on the INTIX Website are in no way associated, linked or affiliated with INTIX and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the INTIX Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to INTIX.
IndemnityThe Customer agrees to indemnify, defend and hold harmless INTIX, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from the Customer's use of the INTIX Website or the Customer's breach of these Terms and Conditions.
VariationINTIX has the right in its absolute discretion at any time and without notice to amend, remove or vary any part of the INTIX Website.
InvalidityIf any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to the Customer) the enforceability of any other part of these Terms and Conditions will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, the Customer agrees that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
LawThese Terms and Conditions will be governed by and construed in accordance with the laws for the time being in force in the State of Victoria and the parties agree to submit to the jurisdiction of the courts and tribunals of the State of Victoria.