Terms & Conditions for Ticket Sellers

This website (“Site”) is owned and operated by EventBookings Pty Ltd (ACN 29 620 013 569) trading as EventBookings (“EventBookings”). Throughout these Organiser Terms, the terms “EventBookings”, “we”, “us” and “our” refer to EventBookings and its associated entities and “organiser”, “you” and “your” refer to the individual accepting these Terms and/or any entity that you are acting on behalf of.

These terms and conditions govern the relationship between you and EventBookings. Please read this agreement carefully. By creating an account with EventBookings (“account”), you are agreeing to be bound by the following terms (“Terms”) and by the EventBookings’ Privacy Policy. You must not use or access your account or the Site in violation of these Terms. If you choose not to be bound by the Terms then you must not use your account or this Site to advertise or promote any event.

EventBookings may vary these Terms at any time and will post the variations on this Site and/or email the varied terms to you. By continuing to use the site after the terms are varied, you agree to be bound by the variation.

1. Who we are and what we do

• 1.1. EventBookings offers the following services to event organisers (“services”): 
• • 1.1.1. We allow you to create an event page on our Site from our easy-to-use templates to advertise and promote your event or organisation via a unique URL;
  • 1.1.2. We allow you to determine the ticket price and ticket delivery methods;
  • 1.1.3. We give you access to our secure payment gateway (“gateway”) through which people (“ticket buyers”) can buy tickets to your event or buy a membership registration directly from your event page;
  • 1.1.4. We process and hold all payment from Ticket buyers on your behalf so you do not need to set up your own payment processes. You will receive 100% of your designated ticket or registration price less the EventBookings’ service fee set out in clause 6;
  • 1.1.5. We deliver all tickets to Ticket buyers on your behalf, via our email (“e-ticket”) service;
  • 1.1.6. We maintain accurate records of the number of tickets purchased for your event which we will provide to you on request so that you can easily track how ticket sales for your event are progressing;
  • 1.1.7. If you want to hand over aspects of your event page management to us, or require customised pages and fulfilment processes, we can do this on your behalf for additional fees.

2. Your use of our Services

• 2.1. EventBookings grants you a non-exclusive, non-transferrable right to access and use the Services solely for the purposes of creating an event page, offering to sell and selling tickets or registrations to an event or organisation you have registered on the Site. In consideration of this right, you agree that we may charge a service fee (“service fee”) per ticket as outlined in clause 6.
• 2.2. From time to time, EventBookings may allow you to download or use software in connection with the services (for example, mobile applications or embedding code for your independent website). In those circumstances, EventBookings grants you a non-transferable, revocable, non-exclusive licence to use such software solely for your use in connection with the Services and in accordance with these Terms and any instructions provided by EventBookings in conjunction with the software.
• 2.3. Each ticket issued by EventBookings is subject to our website terms and conditions. You acknowledge that you have read and agreed to these user terms insofar as they apply to you and the user of the Site. The user terms make provision for you or the venue operator to set additional terms and conditions specifically related to your event. You must clearly outline any additional terms and conditions on your event page.

3. Creating an account

• 3.1. To access the services, you must create an account on the Site.
• 3.2. You must be at least 18 years of age to create an account. The Site is for the sale of tickets or registrations to an event or organisation being conducted in Australia only.
• 3.3. If you are an individual creating an account on behalf of your employer or a company, you acknowledge and represent that you have the legal authority to represent that legal entity and to grant EventBookings the permissions outlined in these Terms.
• 3.4 By creating an account, you authorise EventBookings to act as your agent in respect of ticket sales for your event and specifically to:
  • 3.4.1. advertise and promote your event or organisation via the event page and the EventBookings website, and as otherwise agreed;
  • 3.4.2. sell tickets or registrations to the public for any event promoted on the event page;
  • 3.4.3. collect GST on ticket sales as applicable;
  • 3.4.4. collect payment from ticket buyers and hold it on your behalf;
  • 3.4.5. retain all relevant service fees; and
  • 3.4.6. process and deliver purchased tickets to ticket buyers.
• 3.5. To create your account, you will need to supply a password. It is your sole responsibility to maintain the confidentiality of the password and the activities conducted by your account. EventBookings is not liable for any loss or damage resulting from your failure to maintain a secure account or for any unauthorised modification of the event page.
• 3.6. It is your responsibility to provide and maintain accurate account information, including the username, contact details and banking details, and you agree to notify EventBookings immediately of any change to this information. We are not responsible for deposits into a bank account where incorrect or out of date information have been provided to us.
• 3.7. All personal information you provide will be held in accordance with the EventBookings’ Privacy Policy.

4. Content of the event page

• 4.1. It is your responsibility to upload all relevant information to the event page and to ensure the content complies with clause 9. You agree that all content you upload is true, accurate and complete, and will be maintained and kept up to date. EventBookings is not liable for a failure on your part to accurately and adequately inform ticket buyers of the terms of their purchase. This includes information regarding:
  • 4.1.1. the date and time the tickets are available for purchase;
  • 4.1.2. the payment methods available to ticket buyers;
  • 4.1.3. refund timeframes in the event of cancellation and/or issuing error (must be consistent with clause 8);
  • 4.1.4. whether there is a maximum number of tickets that can be purchased in any one transaction; and

5. Ownership of content

• 5.1. You retain ownership of information and content uploaded by you to the event page. However, to enable EventBookings to reproduce the event content on the Site, you grant to EventBookings a non-exclusive, transferable, assignable and sub-licensable licence worldwide to all information, content, graphics, logos, images and other content (“Organiser Content”). This licence permits EventBookings to copy, reproduce, modify, create derivative works, publish or distribute the Organiser Content as it sees fit.
• 5.2. You represent, warrant and guarantee that:
  • 5.2.1. you have all rights necessary to grant the licence contained in clause 5.1;
  • 5.2.2. the Organiser Content does not infringe the intellectual property or ownership rights of a third party;
  • 5.2.3. you will not make any attempt to disguise the origin or owner of Organiser Content or the provider of the tickets promoted through the Organiser Content; and
  • 5.2.4. you are responsible for the content or reliability of any websites linked via the Organiser Content.
• 5.3. All content, images, software and designs on the Site other than the Organiser Content (“EventBookings Content”) are owned by us or used under licence or with consent, including from other event organisers. You may make a temporary copy of all or part of the Site on your local computer for the sole purpose of reviewing the event page. You may also retain a single permanent copy for your business records. You may not otherwise in any form copy, reproduce, modify, create derivative works, publish or distribute EventBookings Content without the prior written consent of EventBookings or as permitted by applicable copyright laws.
• 5.4. The EventBookings 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.
• 5.5. The Site contains trade marks, logos and trade names of EventBookings (“EventBookings Trade Marks”) which may be registered or otherwise protected by law. EventBookings Trade Marks will be included on all materials we generate on your behalf, including all tickets and your Event Page. You must not otherwise use any trade marks, logos or trade names which are used on the Site without our prior written consent. Nothing contained on this Site should be construed as granting any licence or right to use any trade mark displayed on the Site.
• 5.6. We reserve all of our rights to enforce our intellectual property rights to the fullest extent of the law.

6. Payment

• 6.1. When you set up an event page on the Site, you will:
  • 6.1.1. identify your ABN (if applicable) and whether you are registered for GST;
  • 6.1.2. input the cost of the ticket inclusive of GST. Subject to clause 6.2, you determine the ticket price at your sole discretion.
• 6.2. In consideration of the services provided to you, EventBookings will charge a service fee in respect of every ticket sold. Any service fee amount owed to EventBookings will be automatically debited from the organisers account at a set period of time upon issuing a collection notice. In case EventBookings handling the payment system, the payments received by the organisers will be less the service fees. The service fee is calculated as follows:
  • 6.2.1. a minimum charge of 30 cents (inclusive of GST) per ticket sold by you; and
  • 6.2.2. (a) Venue Events: 2.40% of the total price of each ticket sold by you in case EventBookings payment system is used, if the Stripe payment gateway is chosen it is 1% of the total price of each ticket.
  • 6.2.2. (b) Online Events: 3.40% of the total price of each ticket sold by you in case EventBookings payment system is used, if the Stripe payment gateway is chosen it is 2% of the total price of each ticket.
  • 6.2.3. In the case of any customer refunds, the service fee will be charged
  • 6.2.4. After four (4) failed automatic debits and corresponding notices, the organisers EventBookings website will be terminated.
• In the event that your tickets are sold free of charge, a minimum service fee of 30 cents (inclusive of GST) per ticket sold by you will be charged by EventBookings after the first 100 tickets sold.
• 6.3. If pass on feature is chosen by event organiser the services fees add on top of the ticket price. If absorb feature is chosen, service fees amount is absorbed by the event organisers and ticket price payable by the ticket buyer remains the same.
• 6.4. In addition to the service fee, the following fees and taxes may be applied by EventBookings as relevant:
  • 6.4.1. Postage and handling fee: this will be applied where a ticket buyer requests tickets to be mailed and may include registered post and insurance costs where requested by the ticket buyer;
  • 6.4.2. Processing fees may be charged by Stripe for credit/debit card transactions as per your country if Stripe payment gateway is chosen.
  • 6.4.3. GST.
• 6.5. You are aware that in some circumstances ticket buyers may initiate a credit card chargeback. Any chargeback with respect to your event (processed at any time after a purchase) will be charged back to you and EventBookings is not responsible or liable in any way for chargebacks initiated by Ticket buyers. You indemnify EventBookings for any such chargebacks.
• 6.6. Unless stated to be otherwise, charges referred to for any tickets supplied via the Site are stated inclusive of GST. A receipt will be provided to the purchaser on completion of purchase. Any Tax Invoices which need to be provided to the ticket buyers are the responsibility of organiser as the responsible entity for the event. 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.
• 6.7. All ticket prices are stated in Australian dollars.
• 6.8. You must raise any objections to any accounting statements from EventBookings within 21 business days after the date the accounting statement is issued to you. If no objection is raised within that period, you are deemed to have accepted the accounting statement.

7. Cancelled, varied or postponed events

• 7.1. If you become aware that the details of an event will need to be varied (including time, date, venue etc.) or the event is to be cancelled, you must promptly update the event page.
• 7.2. Unless you otherwise clearly specify in the Event Content, if an event is cancelled, varied or postponed, you agree to offer to ticket buyers a comparable ticket at a rescheduled event, or a refund of the full ticket price.
• 7.3. You must use reasonable endeavours to notify ticket holders of a cancellation, variation or postponement before the date of the event. You will be able to access ticket buyer information from your dedicated administration portal. It is your responsibility to contact the ticket buyer. Any ticket buyer personal information you gather is solely for the purpose of updating them on the cancellation, variation or postponement of an event only. You are not authorised to send ticket buyers any unsolicited emails, mail or “spam” or to add them to your ‘mailing list’ (unless they have opted in to receive further correspondence from you during the ticketing process).
• 7.4. Cancellation of an event:
  • 7.4.1. EventBookings may charge you an event cancellation fee.
  • 7.4.2. You are liable to refund any postage and handling fee, service fee or credit card surcharge that the ticket buyer has incurred. Payment of the service fee by you to EventBookings is for the service of facilitating the promotion of the event and the payment process, and it is not contingent upon the event going ahead.
• 7.5. 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 any cancelled, varied or postponed event and consequential refunds to buyers, including any shortfall in refund amounts by reason of the payment by you to us of the service fee or any delay by you in returning monies released pursuant to clause 6.7.

8. Exchanges and refunds

• 8.1. All ticket sales are final and unless you state otherwise on the event page, you are only expected to provide a refund or exchange in accordance with the LPA Code of Practice.
• 8.2. Where an error in ticket pricing is identified (whether due to human error or a transactional malfunction of the Site), upon request we will endeavour to cancel the ticket(s) where a refund to the purchase is to be provided.

9. Unauthorised use of the Site

• 9.1. If we become aware that you have committed, or intend to commit any of the actions below, we may take the action set out in term 12 and immediately and without notice terminate your account and stop payment of any amount that may be owing to you.
• 9.2. 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:
  • 9.2.1. interfere with the proper working of the Site or take any action that imposes an unreasonably large burden on the Site; or
  • 9.2.2. hack into the Site or use robots, spiders or other devices.
• 9.3. The following are examples of unauthorised use of your account and therefore such actions constitute a breach of these Terms. You agree that you will not:
  • 9.3.1. use your account for the promotion of an event where it is not intended that EventBookings facilitate ticket sales through the Site;
  • 9.3.2. use this Site for the promotion of an event which is not actually intended to take place; or
  • 9.3.3. facilitate illegal ticket sales or use the Site to resell tickets where you are not authorised to do so, including by way of unauthorised framing or links to other sites for the purpose of reselling.

10. Termination of Account

• 10.1. EventBookings reserves the right to terminate your account without prior notice where:
  • 10.1.1. you are in breach of these Terms;
  • 10.1.2. you are fraudulent in connection with your account;
  • 10.1.3. there is a failure to pay amounts owed to EventBookings in a timely manner;
  • 10.1.4. you commit any act of bankruptcy as defined in the Bankruptcy Act 1966 (Cth), make a scheme or arrangement with creditors, or are placed in receivership, liquidation, administration or any form of insolvency administration or a receiver and manager or provisional liquidator of the undertaking is appointed; or
  • 10.1.5. your account remains inactive for a period of 2 months and there is a failure by you to demonstrate an intention to use.
• 10.2. EventBookings may at its sole discretion terminate your account with 30 days’ notice.

11. Consequences of a breach

• 11.1. EventBookings reserves the right to monitor all content contained on the Site, including Organiser Content, to ensure compliance with these 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:
  • 11.1.1. alter, edit or remove any or all Organiser Content;
  • 11.1.2. delete your account and cancel any tickets or ticket orders that have been made by a purchaser via the account without refund;
  • 11.1.3. prohibit you from opening future accounts;
  • 11.1.4. block or limit your access to the Site; and/or
  • 11.1.5. take legal action against you.

12. Disclaimer and Limitation of Liability

• 12.1. You use the Site and your account at your own risk.
• 12.2. 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 and/or your account may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
• 12.3. We reserve the right to change or discontinue any feature or service on the Site at any time.
• 12.4. 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.
• 12.5. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to the replacement of goods or re-supply of services or the replacement cost of goods or re-supply of services.
• 12.6. 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.
• 12.7. EventBookings disclaims any and all liability for the acts, omissions and conduct of any third party users, promoters, advertisers and/or sponsors on the Site or otherwise related to your use of the Site.

13. 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 or your Account, including any breach by you of these Terms.

14. General Provisions

• 14.1. The Terms shall in all respects be governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under these Terms.
• 14.2. 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.
• 14.3. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.