This website (“Site”) is owned and operated by ClubK Tickets.
Throughout these User Terms, the terms “ClubK Tickets”, “we”, “us” and “our”
refer to ClubK Tickets and its associated entities and “you” refers to the
individual accessing the Site.
These terms and conditions govern the relationship between you
and ClubK Tickets. There may be additional terms and conditions imposed by an
event organiser or venue operator in respect of an event for which you purchase
tickets. It is your responsibility to review these terms prior to the purchase
of tickets.
Please read these terms of use carefully. By visiting the Site and purchasing
tickets and/or registrations you are agreeing to be bound by the following
terms (“Terms”) and by the ClubK Tickets Privacy Policy [https://clubktickets.com/en/page/privacy-policy].
You must not use or access the Site or deal with the tickets you purchase in
violation of these Terms. If you choose not to be bound by the Terms then you
must not use the Site or purchase tickets from the Site.
ClubK Tickets may vary these Terms at any time and will post the variations on
this Site. By continuing to use the Site after the varied terms are posted, you
agree to be bound by the variation.
1.
Who we are and what we do
1.1. ClubK Tickets facilitates the sale of tickets and
membership registrations by organisers by allowing them to create an event page
on the Site from which tickets or registrations can be purchased by you (“event
page”), and giving organisers access to a secure payment gateway. As such,
except as specified in these Terms, we are not liable for any dispute over an
event or a ticket purchase.
1.2. Details of the event organiser can be found on each event page. Each
ticket is issued subject to the terms and conditions of the event organiser
and/or the venue at which the event is held.
1.3. We have no control over ticket prices, postage and handling fees or
ticket delivery methods.
1.4. You acknowledge that ClubK Tickets acts as an agent for the relevant
event organiser. Any claims with respect to purchase of tickets or
membership registrations (including cancellation or postponement of events) lie
solely with the event organiser and to the extent permitted by law ClubK
Tickets takes no responsibility or liability for such claims.
2.
Purchasing tickets or registrations
When you make a purchase from the Site you acknowledge and agree
that:
2.1. All information you provide is true, accurate, and complete and will
be maintained and kept up to date.
2.2. It is your sole responsibility to maintain the confidentiality of
any password you create for accessing content on the Site or in the course of
purchasing tickets.
2.3. You may only buy a maximum of 10 tickets for each event unless
expressly authorised otherwise by the event organiser. The reselling of
tickets is strictly prohibited. Tickets found to be resold may be cancelled
without a refund and the bearer refused entry.
2.4. We reserve the right to cancel any ticket and refund the amount paid
where there has been an error in ticket pricing (whether due to human error or
a transactional malfunction of the Site).
2.5. The event organiser has the right to add, withdraw or substitute
artists, other than the primary artist, use understudies, vary the advertised
program, seating arrangements and audience capacity and deny admission with
reasonable cause including due to intoxication, unsociable behaviour, failing
to observe lawful directions, possession of invalid or insufficient tickets or
ID or health and safety precautions.
2.6. You are responsible for collecting the tickets in accordance with
the delivery method chosen by you. No refunds or exchanges are provided for
lost or stolen deliveries or for a failure on your part to collect (including
to produce sufficient proof of identity to collect), sign for or print the tickets.
It is your responsibility to allow adequate time for the delivery of tickets.
3.
Payment
3.1. All credit card purchases are processed through our
secure online payment system. The event organiser determines how you may pay
for tickets and registrations.
3.2. Tickets purchased on the Site are subject to a non-refundable per
order booking fee which may, at the option of the event organiser, either be
identified separately to you or included in the ticket price. In some cases,
delivery prices and credit card surcharges will also be clearly identified and
charged.
3.3. Unless stated to be otherwise, charges referred to for any tickets
or registrations supplied via the Site are stated inclusive of GST. A tax
invoice will be provided to you upon completing your purchase of tickets. 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.
3.4. All prices are stated in Australian dollars.
4.
Cancelled, varied or postponed Events
4.1. Sometimes events are cancelled, varied or postponed
by the event organiser due to situations which affect the performer, staff or
audience. Unless otherwise stated, the event organiser will offer a comparable
ticket at a varied or rescheduled event, or a refund for cancelled events.
Proof of purchase may be required. The event organiser is solely responsible
and liable for providing any refund or comparable ticket.
4.2. So that the event organiser can contact you with information
relating to your tickets or the event, we may be required to pass on your
contact information. We do not authorise the event organiser to send you any
unsolicited emails, mail or “spam”.
4.3. We and the event organiser will use reasonable endeavours to notify
ticket holders of a cancellation, variation or postponement; however the
responsibility to ascertain whether an event has been cancelled, varied or
postponed is yours. We do not guarantee that ticket holders will be informed of
a cancellation, variation or postponement before the date of the event.
4.4. In the event of a cancellation, the ticket price will be refunded on
to the credit card you used to purchase the relevant tickets. To the extent
permitted by law, any booking fees paid by you will not be refunded.
5.
Exchanges and refunds
5.1.
All ticket sales are final. No exchange or refund will be given except in the
case of a cancelled or rescheduled event as set out in the LPA Code of Practice
(see section 4). For clarification, you are not entitled to a refund if:
5.1.1. You are not satisfied with the event;
5.1.2. You are no longer able to attend the event (but you can give your
ticket to someone else to use);
5.1.3. You arrive late or are refused entry; or
5.1.4. There is a change in support act.
5.2.
If your ticket is lost, stolen or damaged (including if it is lost in the
mail), we are not required to replace it unless we can identify the seat
corresponding to the ticket, or in the case of a general admission ticket can
identify and cancel the relevant ticket. We may charge a reasonable
administration fee in these circumstances.
6.
Unauthorised Use
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:
6.1. facilitate illegal ticket sales or use the Site to resell tickets of
any kind, including by way of unauthorised framing or links to other sites for
the purpose of reselling;
6.2. interfere with the proper working of the Site or take any action
that imposes an unreasonably large burden on the Site;
6.3. request more than 1,000 pages of the Site in any twenty-four hour
period or make any other request to transactional servers more than once during
any three second interval (this applies equally to a group of individuals
acting in concert); or
6.4. hack into the Site or utilise automated means to process or place
ticket orders including the use of robots, spiders or other devices to process
ticket sales.
7.
Permitted Use of the Site
7.1. You may use the Site for your personal use only. You
may make a temporary copy of all or part of the Site on your local computer for
the sole purpose of viewing it. You may also retain a single permanent copy of
a part of the Site for your personal use (including to purchase tickets). You
may not otherwise in any form copy, reproduce, modify, create derivative works,
publish or distribute the material on the Site without the prior written
consent of ClubK Tickets or as permitted by applicable copyright laws.
7.2. All content, images, software and designs on the Site (“Content”)
are owned by us or used under licence or with consent, including from event
organisers. The 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.
7.3. The Site contains trade marks, logos and trade names of ClubK
Tickets which may be registered or otherwise protected by law. You must not use
any trade marks, logos or trade names which are used on the Site. Nothing
contained on this Site should be construed as granting any licence or right to
use any trade mark displayed on the Site.
7.4. We reserve all of our rights to enforce our intellectual property
rights to the fullest extent of the law.
8.
Links and Third Party Content
8.1. While we will do all that is reasonable to review the
appropriateness of the content on the Site, not all the information and content
provided by event organisers can be checked to ensure it is accurate and/or
inoffensive. You must rely on your own enquiries as to the accuracy of
information provided on the Site, including venue, artist and program
information, seating arrangements and audience capacity.
8.2. The Site may contain links to third party websites which should be
used at your own discretion. ClubK Tickets does not sponsor or endorse any
external website. We are not responsible for the content or reliability of any
linked websites and cannot guarantee that these links will work all of the time
or will not contain viruses.
8.3. From time to time, we may allow users to contribute to the Site
(“User Content”), including via a user profile, bulletin board or chat area
(“Contribution Areas”). The Contribution Areas are not for commercial use and
you agree not to advertise or promote the sales of ticket or services of any
kind via in the Contribution Areas. You must obtain our prior written consent
to make commercial offers of any kind, whether by advertising, solicitations,
links, or any other form of communication.
8.4. ClubK Tickets does not accept any liability in relation to User
Content or your use of or interaction with third party websites (and associate
content) or businesses, nor do we make any guarantee or promises regarding the
content, products or services that they provide.
9.
Breaches of 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:
9.1. block or limit your access to the Site;
9.2. cancel any tickets, registrations or ticket orders you have placed
via the Site without refund;
9.3. take legal action against you; and/or
9.4. prohibit you from future ticket or registration purchases;
10.
Disclaimer and Limitation of Liability
10.1. You use the Site at your own risk.
10.2. 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 may be suspended without notice in the case
of system failure, maintenance or repair or any reason beyond our control.
10.3. We reserve the right to change or discontinue any feature or
service on the Site at any time.
10.4. 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.
10.5. The goods and services provided by ClubK Tickets come with certain
guarantees that cannot be excluded under the Australian Consumer Law. Our
liability for any breach of those guarantees is limited to the replacement of
goods or re-supply or services or the replacement cost of goods or re-supply of
services. As agent for the event organiser, our services to you are solely the
facilitation of ticket sales.
10.6. 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.
10.7. ClubK Tickets disclaims any and all liability for the acts,
omissions and conduct of any event organisers, third party users, promoters,
advertisers and/or sponsors on the Site or otherwise related to your use of the
Site. We are 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.
11.
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, including any breach by you of these
Terms.
12.
General Provisions
12.1. The Terms shall in all respects be governed by the
laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the
courts in Victoria to determine any matter or dispute which arises under the
User Terms.
12.2. 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.
12.3. 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.