Terms and Conditions

Terms and Conditions of Use for SpareTicket.com.au

1. INTRODUCTION

1.1 SpareTicket.com.au (“the Site”) is owned & operated by Spare Ticket Pty Ltd ACN 146 375 813 (“the Company”). In these Terms & Conditions (“Conditions”), “us”, “we” and “our” refer to the Company and references to “you” and “your” is to you, the end user.

1.2 The Site is an online social network & ticket exchange that enables registered users of the site (“Members”) to promote, sell & buy tickets to events (“Services”) in accordance with these Conditions. Until registered, you are a “User”.

2. AGREEMENT

2.1 By using the Site you agree to be bound by the Conditions. If you do not agree with these Conditions you must immediately stop using the Site. If you do not agree to our current Conditions, you must leave the Site.

2.2 We may change, update or otherwise amend these Conditions at our absolute discretion and without notice.

2.3 You acknowledge & accept the Privacy Policy and any other terms or conditions found on the site.

3. USE & SERVICES

3.1 You are granted a non-exclusive, limited and revocable license to access the Site on the conditions that:

(a) You are over the age of 18;

(b) You only use the Site for lawful purposes;

(c) You do not engage in any improper, indecent or offensive behaviour;

(d) You are not breaking any local, state or federal law in your relevant jurisdiction (or the State of Queensland in Australia) by accessing this Site;

(e) You will treat the Site and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us); and

(f) You register as a Member to use the Services.

4. AVAILABILITY

4.1 By using this site you acknowledge that we are not required to keep the Site available for your use and we make no warranties as to its availability.

4.2 We accept no responsibility for the unavailability of this Site, or any offers or services found on the Site, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site.

4.3 We make no guarantees, implied or express, as to the ongoing availability of the Site or any Services offered on the Site.

5. CONTENT

5.1 In respect of any content that you post on the Site, you warrant that it is:

(a) Accurate (to the best of your knowledge);

(b) Lawful;

(c) Compliant with these Conditions;

(d) Virus free; and

(e) Not false, defamatory, misleading or otherwise deceptive in any way.

5.2 We make no warranties as to the accuracy of any content posted by Users or Members and accept to liability for errors & omissions in general.

5.3 We reserve the right to remove, amend, edit or in any other way change any post by any User or Member in our absolute discretion.

5.4 By posting on the Site, you grant us a world-wide, non-exclusive, unlimited and irrevocable right to use, publish, market, advertise or otherwise promote the content you post.

5.5 You indemnify us for any loss, damage or claim brought against us as a result of content you post on the Site.

5.6 You warrant that you shall not upload any content that infringes any copyright, trademark or other intellectual property rights of any other entity and indemnify the Company for any loss, damage or claim resulting from such.

6. INTELLECTUAL PROPERTY

6.1 All content on the Site is the copyright of the Company. Without the express written permission of the Company, you shall not:

(a) Replicate all or part of the site in anyway; or

(b) Incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.

6.2 The Company has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.

6.3 You agree that by using the site you will not copy the Site or the services that it provides for your own commercial purposes. You agree and warrant that you will not solicit the Users and Members of the Site to join another competing site or in anyway to stop using the Site in preference of using another site offering comparable services. You indemnify us for any loss or damage we suffer as a result of your breach of this warranty.

7. THIRD PARTY WEBSITES & ADVERTISING

7.1 The Site may contain information & advertising from third-party businesses, people & websites (“Third-Parties”). You consent to receiving this information as part of your use of the Site.

7.2 We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.

8. REGISTRATION & MEMBERSHIP

8.1 To use the Services of the Site you must register as a Member. Until registration you are merely a User. To become a Member you must be:

(a) 18; and

(b) Capable of forming binding contracts.

You warrant that you are capable of fulfilling the obligations that you enter into with other Members.

8.2 You must provide us with accurate personal and contact information. You agree you will use the site for personal purposes only and not for commercial or business use. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Site.

8.3 You must maintain your username & password to access the Site. It is your responsibility to keep your username & password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.

9. LISTINGS

9.1 The Site facilitates the listing of tickets to events (“Posts”). You agree that you will not list any Posts that are inaccurate or false and will promptly rectify any erroneous Posts you make in relation to tickets, events, prices or any other such information.

9.2 You agree to comply in full with the terms & conditions of any of the tickets and events in your Posts and you warrant that in using the Site you are not in breach of any of the terms & conditions of the ticket or event.

9.3 You shall not make a Post that advertises tickets for sale above face value. The Site is not a scalping website. Failure to comply with this term shall constitute a serious breach of the Conditions.

9.4 All payments are made by private arrangement of the parties to the transaction and the Company does not offer or provide a facilitated payment service. We recommend that you use Paypal to complete your transactions.

9.5 A “challenge” is a request by a seller for a would-be purchaser to undertake an activity without monetary value in order to qualify or receive the ticket or attend the event subject to the Post containing the challenge.

9.6 Any “challenge” that you set must be legal, not offensive and not dangerous or prejudicial to any other person’s safety or health. You agree that we may remove any challenge that we believe is not suitable. You indemnify us for any claim, loss, damage or costs that we incur as a result of a challenge that you set that is not in accordance with this clause.

9.7 Posts are revocable until accepted by another Member, and in some circumstances continue to be revocable until the item is exchanged and paid for. It is not advisable though that you revoke Posts.

9.8 If you make a supply through the Site to another User or Member that is a taxable supply for Goods & Services Tax (“GST”) it is your responsibility in full to collect & remit any GST as per the terms of A New Tax Act (GST) 1999 (Cth) and you indemnify us for any liability or claim against us in relation to a supply you make through the Site.

9.9 You agree that you shall not simultaneously list any Posts on alternative websites or advertise the Post elsewhere.

9.10 You agree that you will not use this Site to merely promote events or to sell tickets commercially.

10. OFFERS

10.1 When you make an offer or bid in relation to a Post you warrant that is a genuine, bona fide bid and that you will complete the transaction should you be successful.

10.2 Any offer that you make for a Post is irrevocable.

10.3 You undertake any “challenge” at your own risk and you acknowledge and accept that we have no responsibility or liability in any way in relation to the posting or your undertaking of the “challenge”.

11. ACCEPTANCE & CONFIRMATION

11.1 A seller may accept a bid for a Post at any time.

11.2 Confirmation of a successful bid will be sent to the purchaser.

11.3 Payment is to be organised privately between the parties.

11.4 The transaction will be complete when payment has been made and exchange of the ticket or attendance has occurred.

12. FULFILLMENT

12.1 The fulfilment of a transaction can occur in many ways. You agree that you will fulfil the transaction in the most appropriate format. This could be:

(a) Physical delivery by post;

(b) Electronic delivery by email, fax or other digital means;

(c) Personal collection/delivery/exchange; or

(d) Attendance at an event.

13. FEEDBACK & RATINGS

13.1 A feedback and rating system may be available on the site to comment about events, Users & Members. You accept that your conduct as a seller, User, Member, party to a transaction, attendee, date or other capacity (as applicable) could be discussed on the Site in the interest of determining your suitability as such for other Users and/or Members.

13.2 We reserve the right to remove any feedback or ratings at our sole discretion.

14. LIMITATION OF LIABILITY & INDEMNITY

14.1 You agree that you use the Site at your own risk.

14.2 You acknowledge that we are not responsible for the conduct or activities of any User or Member and that we are not liable for such under any circumstances.

14.3 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach by you of the Conditions.

14.4 In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.

14.5 Certain rights and remedies may be available under the Trade Practices Act 1974 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:

(a) the re-supply of services or payment of the cost of re-supply of services; or

(b) the replacement or repair of goods or payment of the cost of replacement or repair.

14.6 You agree that any taxation related to any transactions made via the site between Users and/or Members is the sole responsibility of the parties to that transaction and that the Company accepts no liability or responsibility for taxation matters in that regard.

15. PRIVACY POLICY

15.1 You acknowledge and accept the Privacy Policy, which can be read [here].

15.2 You agree that you will not do anything that shall compromise the Company’s compliance with its Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Site is concerned.

15.3 We may amend the Privacy Policy from time-to-time without notice and at our absolute discretion, and by continuing to use the Site you accept such changes.

16. TERMINATION & CANCELLATION

16.1 Either party may end this Agreement immediately by giving the other party written notice. It is not essential to provide reasons for the termination. Where this Agreement has been terminated you must immediately cease using the Site.

16.2 Your use of the Site may be cancelled at any time, for any reason, by the Company on a temporary or permanent basis by the Company giving you written notice. You must immediately cease using the Site should you receive a notice cancelling your license to use the Site.

17. COMPLAINTS & DISPUTES

17.1 We reserve the right to remove any content from the Site that you post which is the subject of a complaint by another User or Member, irrespective of whether that complaint is justified or reasonable.

17.2 You agree to remove any contentious content immediately upon request by us.

17.3 Should you have a complaint about content on the Site you should report it to us immediately. We may or may not investigate your complaint, depending on its nature.

17.4 If you have a dispute with us or another User or Member in relation to your use of the Site of the conduct of others on the Site, you must report the dispute to us so that we may investigate and assist in the resolution of the dispute (where possible).

18. NOTICES

18.1 You can direct notices, enquiries, complaints and so forth to the Company at:

Spare Ticket Pty Ltd
PO Box 56
Ashgrove QLD 4060
info@spareticket.com.au

We will notify you of a change of details from time-to-time.

18.2 We will send you notices and other correspondence to the details that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.

19. GENERAL

19.1 Nothing in this agreement shall be deemed to form a relationship between the Company and you of joint venture, partnership, employment or other association in any way other than parties to this Agreement.

19.2 This Agreement shall be governed by and construed in accordance with the law of Queensland and each of the parties hereby submits to the non-exclusive jurisdiction of the Queensland Courts.

19.3 Any provision of this Agreement, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of this Agreement, so far as is reasonably practicable.

19.4 This Agreement is part of an ecommerce transaction and the parties agree that these Conditions shall be accepted electronically and this Agreement formed & validly entered into electronically.

19.5 The termination of this Agreement does not affect the parties’ rights in respect of periods before the termination of this Agreement.