Tixel Pty Ltd (ACN 625 710 581) (Tixel), owns, operates and maintains this website, tixel.co.nz and the content contained therein (Website), and asserts its copyright. Words and phrases highlighted like this are defined terms. These Terms and Conditions should be read in conjunction with the Schedule of Fees & Charges.
1. Accessing this Website
- 1.1 By accessing this Website, any person accessing the Website (Users) agree to be bound by these Terms and Conditions of Use. If Users do not agree with any of these terms and conditions, Users are prohibited from using or accessing the Website. The materials contained in this website are protected by applicable intellectual property law.
- 1.2 User’s use of parts of the Website (including those parts of the Website which are accessible to members of the public) also may be subject to disclaimers or additional terms and conditions.
- 1.3 Tixel may in its sole and absolute discretion, for any reason or no reason, and without notice::
- (a) alter or withdraw any functionality on the Website;
- (b) withdraw or suspend access to all or any part of the Website and any account;
- (c) monitor the use of the Website;
- (d) subject to any applicable laws, treat any material that Users transmit or display as non-confidential and non-proprietary; and
- (e) edit or remove any material that Users may have uploaded, posted, emailed or otherwise transmitted to the Website.
2. Services provided by Tixel
- 2.1 Tixel operates the Website as an online platform and marketplace to facilitate communication between Users of the Website who wish to sell tickets (Sellers) via a listing on the Website (Listing) and other Users who wish to buy Tickets (Buyers). Tixel’s services are limited to making the Website available in accordance with these Terms and Conditions of Use (Services).
- 2.2 Tixel’s Services are limited to tickets that are warranted by the Seller to be authentic and validly issued and can be validly sold and delivered in electronic form by the Seller, and which may be transferred by the Seller to the Buyer without breaching the terms and conditions entered into by the original purchaser (Ticket).
- 2.3 Tixel does not endorse, approve or induce the sale and purchase of Tickets in breach of any third party terms and conditions and does not encourage the breaching of contractual terms imposed by a third party.
- 2.4 Tixel does not verify the authenticity or validity of Tickets.
3. User License
- 3.1 This is a grant of a license, not a transfer of title, and under this license Users may not:
- (a) modify or copy the materials;
- (b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- (c) attempt to decompile or reverse engineer any software contained on the website;
- (d) remove any copyright or other proprietary notations from the materials; or
- (e) transfer the materials to another person or "mirror" the materials on any other server.
- 3.2 A User’s license under this clause shall automatically terminate if that User breaches any of these Terms and Conditions of Use. In addition, Tixel may at its discretion, terminate the licence. Upon termination of the licence, that User will have no right to view the Website or any of the content therein and that User must destroy any downloaded materials in that User’s possession or control, whether in electronic or printed format.
4. Use of the Website
- Users must not, in connection with the use of the Website, act in a manner which:
- (a) is contrary to any law or any third party’s rights, or which may encourage a person to act in a way which is contrary to any law or any third party’s rights;
- (b) may result in damage to the Website or any property or equipment of the Tixel, its directors, employees, contractors or agents;
- (c) may restrict, disrupt or inhibit any other user from using or enjoying the Website;
- (d) endangers the health or safety of any person;
- (e) may cause an interference to any business conducted by the Tixel;
- (f) upload, post, email or otherwise transmit any of the following to, or through, the Website:
- (i) confidential material;
- (ii) misleading or deceptive material;
- (iii) material which the User does not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from the owner of the material or relevant right holder and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder; or
- (iv) material which contains a virus, or other harmful or potentially harmful code;
- (g) alter, damage or delete any material on the Website;
- (h) hold yourself out as having any authority to act on behalf of us; or
- (i) collect or store personal information about other users in a manner which is inconsistent with these Terms and Conditions of Use.
- 4.2 Users must obey any lawful instruction of Tixel in using the Website.
- 4.3 Users consent to Tixel’s use of transaction monitoring and fraud detection techniques to ensure the integrity of the Website.
- 5.1 In order to commence buying or selling Tickets via a Listing, a user must first register a personal, individual account by creating a username and a password and by providing such information as may be required by Tixel from time to time, including social media accounts, your real name, contact telephone number, billing address, bank account details and a valid credit or debit card that we approve and accept (Account).
- 5.2 Account names must not be:
- (a) misleading or deceptive;
- (b) offensive;
- (c) in violation or any law or third party rights.
- 5.3 Tixel may, at its sole discretion and for any or no reason, refuse registration of, or cancel an Account.
- 5.4 Users are solely responsible for activity on the Account and shall be responsible for maintaining the confidentiality of the Account password. No sharing of Accounts is permitted.
- 5.6 Users acknowledge and agree that Tixel does not make any representation as to the success or the likely success of any sale or proposed sale of a Ticket, or the validity, authenticity, success or the likely success of use of a Ticket.
- 5.7 Users agree to pay the applicable fees and charges set out in the Schedule of Fees & Charges.
- 5.8 Payment processing services on Tixel are provided by Stripe and are subject to the Stripe Connected Account Agreement,
which includes the Stripe Terms of Service (collectively,
the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate
as a user on Tixel, you agree to be bound by the Stripe Services Agreement,
as the same may be modified by Stripe from time to time. As a condition of Tixel
enabling payment processing services through Stripe, you agree to provide Tixel accurate
and complete information about you and your business, and you authorize Tixel to share
it and transaction information related to your use of the payment processing services provided by Stripe.
- 6.1 Sellers are solely responsible for creating their Listings within the format provided by Tixel, and for setting the price for each Ticket (Price). The Price shall not exceed 110% of the face value of the Ticket including all taxes, delivery costs and Tixels’s fees that may be payable.
- 6.2 The content and material related to a Listing shall not contain unauthorised third party intellectual property, or unauthorised material that is subject to other third-party proprietary rights.
- 6.3 Tixel may, at its sole discretion and for any or no reason, delete, edit, modify, reformat, excerpt, or translate any material or content related to a Listing.
- 6.4 Unless otherwise approved by Tixel, each Listing will be presented on the Website until the day after the face validity of the Ticket expires unless the Ticket is sold before this date.
- 6.5 Tixel’s fees will be automatically added after the Seller has specified the Price displayed to the Buyer. If a Buyer accepts the offer for sale of that Ticket, then the Seller must supply that Ticket to the Buyer and a separate contract will be formed between the Seller and the Buyer in respect of the sale of that Ticket.
- 6.6 Users acknowledge that Tixel may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by Tixel and the maximum storage space that will be allocated to a Listing.
- 6.7 Tixel may at its sole discretion for any reason or no reason, terminate any Listing at any time without notice to you.
- 7.1 By creating a Listing Sellers are making a binding offer to sell that ticket to a Buyer who purchases the ticket for the Price. When a Buyer accepts an offer by purchasing a Ticket through our Website or Services, Sellers are contractually bound to deliver that exact ticket for the Price and within the required delivery timeframe via Tixel’s platform, which must be no later than a reasonable time to allow the Buyer to use the Ticket.
- 7.2 Sellers are obligated to monitor Ticket inventory and ensure all Listings are accurate. Without limiting any other remedy available to Tixel under this agreement, any fraud on the part of the Seller, failure to fulfil orders or breach of this agreement may lead at Tixel’s sole discretion to chargebacks and charges as stated in the Schedule of Fees & Charges.
- 7.3 Prior to listing Tickets, Sellers should carefully consider the legal rights and obligations that may arise outside of the agreement between the Seller and a Buyer and under these Terms and Conditions of Use from the sale of the Tickets and, if in doubt, Sellers should seek further legal advice in respect of these rights and obligations.
- 7.4 Sellers agree that they will provide a true and correct description of the Tickets in each Listing, (including information such as the event, location, ticket type, event date, section and row).
- 7.5 Tixel may prepopulate some of the required fields when a Seller enters the unique identification information of a Ticket during the Listing process for ease of use, however, the Seller must still ensure all details in the Listing are accurate as set out in 7.2.
- 7.6 Sellers agree to describe the Tickets in a Listing in an honest and non-misleading manner. If a Listing is deemed by Tixel in its sole discretion, to be dishonest or misleading, then Sellers agree that any associated orders by Buyers may be cancelled and Sellers may be charged fees and lose the right to receive payment for those Tickets.
- 7.7 Sellers agree to provide, and continue to provide full and accurate details of the seat (including day, time, section and row if applicable) which is displayed on the Tickets in the Listing. For Standing or General Admission tickets, Sellers agree to describe them as ‘Standing’ or 'General Admission' (as applicable). In the event that a Seller cannot locate the correct section or row under which to list the Ticket, the Seller agrees to contact Tixel for help before listing the Ticket for sale.
- 7.8 Sellers are required to provide, and continue to provide any additional information which is displayed on the Tickets in the Listing, or of which Sellers are aware, related to restricted view, family section, age restrictions, no alcohol permitted, concessions, “hand carry luggage only” or any other restriction or qualification on the use of those tickets.
- 7.9 Sellers are required to provide, and continue to provide, information in relation to any potential charges required in order to utilise a Ticket including for example, transfer fees, name change fees or other third party fees.
- 7.10 For each Ticket in a Listing, Sellers must specify the most recent official cost to buy a ticket that guarantees the same entry or seat class as the Ticket.
- 7.11 If an event for which Sellers have sold a Ticket via the Website is cancelled and not re-scheduled, any amount paid to Tixel or in respect of delivery fees) is not refundable.
- 7.12 If the Seller is notified of any changes to the event and/or Ticket (including, without limitation, where alternative seats have been provided instead of the original seats) after a Buyer has ordered the applicable Ticket, then the Seller must immediately notify Tixel of those changes and provide full details of the changes. If the Seller is or ought to be aware of changes to an event and/or Tickets and does not notify Tixel of those changes, then the Seller may be charged fees and lose the right to receive payment for the Tickets. Tixel will endeavour to contact the Buyer to advise the Buyer of the changes. The Seller must cooperate fully with Tixel and the Buyer in respect of any changes to the event and/or ticket (including, without limitation, by permitting the Buyer to select any options offered by the promoter or producer of the event). If there are any changes to the event and/or tickets between the time the Buyer orders the ticket and the time of the event, then Tixel reserves the right to cancel the relevant order at Tixel’s discretion. If an order is cancelled by Tixel then the Seller will not be entitled to receive any payment from Tixel or any Buyer in connection with that cancelled order.
- 7.13 Sellers acknowledge and agree that Tixel has no responsibility, duty or obligation to review the authenticity or accuracy of any Ticket or Listing.
- 7.14 It is the Seller’s responsibility to ensure compliance with any legal restrictions placed on the resale of Tickets, whether in the Seller’s home city, state, territory or country or in any other city, state, territory or country. Tixel is not responsible for Sellers’ compliance with any such applicable laws. If resale of Tickets is not permitted under the original terms of sale or the terms applicable to such Tickets, then Sellers should not list them for sale. Tixel does not accept any liability for Tickets listed in breach of any terms or conditions applicable to such Tickets and Sellers shall remain solely responsible to the relevant parties (be they the promoter, producer, original ticket agent or Buyer) for any consequences of listing a Ticket in breach of such terms and conditions.
- 7.15 Failure to provide full and accurate details (including without limitation seat location details and Ticket restrictions) may lead to Tixel or Buyers suffering loss or damage and Sellers agree to indemnify and hold harmless Tixel and Buyers from and against all losses, liabilities, damages, fines, expenses and costs arising out of or in connection with a Seller’s failure to provide full and accurate details of Tickets in a Listing.
- 7.16 Sellers warrant to and for the benefit of Tixel, the following:
- (a) Each Ticket that appears in a Listing is:
- (i) authentic;
- (ii) fully transferrable;
- (iii) either "on-hand" or already ordered and guaranteed and available for immediate sale at the price listed;
- (iv) not stolen, counterfeit or in any way containing fraudulent, inaccurate or misleading information;
- (v) not obtained through unauthorised framing of or linking to any website, or unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity; and
- (vi) not offered for sale in breach of any terms and conditions applicable to that Ticket.
- (b) In offering a Ticket for sale via the Tixelthe Website, Sellers are complying with all applicable laws, regulations and codes of practice including, but not limited to, consumer or other legislation which regulates the activities of secondary ticket agents or which may be applicable to the resale of any Ticket within any relevant territory, state or country; and
- (c) All information Sellers provide to Tixel when applying to become a Seller or at any time thereafter is true and accurate in all respects.
- 7.17 Sellers agree to authorise Tixel to dispatch tickets to Buyers no later than 24 hours, after the receipt of a confirmation email from Tixel or its service providers confirming payment, but in any event, the Seller guarantees to deliver tickets to the applicable Buyer in enough time prior to the event that it is practicable for the Buyer to attend the event
- 7.18 Sellers acknowledge and agree that Tixel or its service providers may, in the event of a breach of any of these Terms and Conditions of Use, debit such amount equal to the Price and other fees and charges as incurred under the Schedule of Fees & Charges.
- 7.19 If the Seller fails to deliver tickets to a Buyer in enough time prior to the event (as reasonably determined by Tixel) so it is practicable for the Buyer to attend the event, then the Seller may be charged fees and lose the right to receive payment for those Tickets or have their registered payment method deducted by Tixel in accordance with 7.21.
- 8.1 Buyers with a registered Account may review the Tickets and Listings on the Website.
- 8.2 Buyers should carefully read the full listing details for each ticket before clicking to buy the ticket, including (without limitation) section and row details and any restrictions or qualifications such as restricted view, family section, age restrictions, no alcohol permitted or concession.
- 8.3 Buyers should note that not all Tickets sold in a single Listing may be seated together.
- 8.4 Buyers click to buy a selected Ticket, enter and/or confirm payment information and confirm the purchase of the Ticket. Upon confirming a purchase, the Buyer is committing to a contractual obligation to buy the selected Ticket for the Price, and to make such additional payments as may be required, including those imposed by Tixel, its payment partners and the Buyer’s financial institution.
- 8.5 Ticket prices displayed on a Listing are inclusive of all applicable GST.
- 8.6 Buyers must make full payment for a Ticket via the methods offered by Tixel from time to time. Purchases are not confirmed until Tixel has confirmed receipt or verification of payment and has conducted fraud checks, as required. All payments must be made, and will be taken, in Australian dollars.
- 8.7 Where payment has been received for any transaction, payment will be held by the Tixel’s escrow provider, PromisePay in accordance with clause 9 and released only once triggered by the buyer and after the date of the event to which the Ticket gains access has passed.
- 8.8 Upon receipt of a purchased Ticket, Buyers must inspect the Ticket to ensure that it matches the description in the Listing. If the Ticket does not match the description in the Listing, the Tixel must be notified within 24 hours via such methods and using such forms as may be determined by the Tixel from time to time, failing which payment may be released to the Seller in accordance with clause 8.6.
- 8.9 To the fullest extent permitted by law (and subject to rights under the Australian Consumer Law rights and any rights a Buyer may have in respect of events that are cancelled and not rescheduled), all Ticket purchases are final and no refund or exchanges will be provided by Tixel.
- 8.10 Unless otherwise required by law, Tixel has no liability to Buyers in respect of changes to an event and/or Tickets or rescheduled events, including (without limitation) any liability to refund the price of the applicable Ticket (or other fees). In the event that Tixel does contact a Buyer in respect of changes to an event and/or Tickets or rescheduled events, then the Buyer must cooperate Tixel and the Seller in respect of those changes or that rescheduling.
- 8.11 Nothing in this clause 8 is intended to limit, or limits, any rights Buyers may have under the Competition and Consumer Act 2010 (including under the Australian Consumer Law set out in Schedule 2 of that Act) or any other applicable consumer law.
- 8.12 Buyers may raise a dispute on the following grounds:
- (a) The Ticket does not match the information provided on the Listing;
- (b) The Ticket is invalid, counterfeit or is otherwise not authentic;
- (c) The Buyer is not permitted entry on the basis of the authenticity or validity of the Ticket; or
- (d) The Buyer is not permitted to use the Ticket on the basis of the authenticity or validity of the Ticket.
- 8.13 Buyers shall not raise a dispute where:
- (a) The Ticket matches the information provided on the Listing;
- (b) The Ticket is valid;
- (c) The Buyer is not permitted entry on some other basis apart from the authenticity or validity of the Ticket;
- (d) The Buyer is not permitted to use the Ticket on some other basis apart from the authenticity or validity of the Ticket;
- (e) The event to which the Ticket provided entry did not meet the Buyer’s expectations;
- (f) The Buyer was subject to an additional fee or charge in relation to the Ticket or the use of the Ticket where the possibility of an additional fee or charge was disclosed in these Terms and Conditions of Use or the Listing.
- 8.14 Disputes in relation to 8.12(a) must be made within 24 hours after the event to which the Ticket gains access. Disputes in relation to 8.12(b), (c) or (d) must be made to the Tixel as soon as is reasonably practicable but no later than 48 hours after the Ticket has been discovered to be invalid, counterfeit or otherwise non-authentic, or rejected as the case may be.
- 8.15 All disputes should be raised via methods and using such forms as may be determined by Tixel from time to time.
9. Payments & Escrow terms
- 9.1 All payments made by Buyers and received by Sellers are subject to the terms and conditions of our escrow provider, PromisePay, which may be found here: https://promisepay.com/policies/end-user-agreement/
- 9.2 In respect of each valid and confirmed order for a Ticket, and subject to PromisePay’s terms and the satisfaction of all pre-conditions to payment specified in these Terms and Conditions of Use, Tixel will pay the Seller an amount equal to the Price by directing its escrow provider to release the payment in accordance with clause 8.7.
- 9.3 Any complaint in relation to PromisePay’s services should be addressed to both PromisePay and Tixel via methods and using such forms as may be determined by PromisePay and Tixel from time to time.
- (a) Identifying information such as name, date of birth and employment details;
- (b) contact information such as home address, home and mobile phone numbers
and email address;
- (c) financial information, such as bank account and credit card details;
- (d) sensitive information, including information about your health or health services provided to you;
- (e) information about your activities, including sporting and other lifestyle
- (d) information about involvement in other programs you participate in or
memberships you may have.
- 10.3 Tixel may use personal information collected from Users to provide Users with information, updates and our services. Tixel may also make Users aware of new and additional products, services and opportunities available to Users, provided by Tixel,our partners, service providers (including PromisePay) and customers. Tixel may use Users’ personal information to improve our products and services and better understand Users’ needs.
- 10.4 Tixel may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
- 11.1 Users are solely responsible for obtaining their own tax advice before using the Website and Services.
- 11.2 Sellers are solely responsible for any tax consequences as a result of the use of the Website and the Services.
- 11.3 Sellers shall ensure that they do not represent or give rise to an impression that a Listing is in support of a charity or not for profit organization or that contributions are tax deductible, unless this is true and accurate in all circumstances and for all Buyers.
- 12.1 Tixel charges fees and charges in accordance with the Schedule of Fees & Charges as amended from time to time.
- 12.2 Without limiting 11.1, Tixel charges each of the Buyer and Seller an amount equal to that set out in the Schedule of Fees & Charges.
13. Users’ Intellectual Property
All material and content posted or submitted by a user on the Website, including Listings are the intellectual property of that user. However, each user grants a free and irrevocable licence in perpetuity to Tixel and its assigns and successors to use any part or the whole of any intellectual property, in any form, for any purpose it deems fit, including for advertising and marketing of the Website or any other products and services offered by Tixel, its related bodies corporate, partners, advertisers, suppliers or contractors.
14. No warranties and limitation of liability
- 14.1 To the extent permitted by law, Tixel excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where Tixel is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth), Tixel’s liability is limited (to the extent permitted by law) at its option to the following:
- (a) in the case of goods supplied or offered by it:
- (i) to the supply of those goods again; or
- (ii) to the payment of the cost of having those goods supplied again; or
- (b) in the case of services supplied or offered by it:
- (i) to the supply of the services again; or
- (ii) to the payment of the cost of having services supplied again.
- 14.2 Tixel, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:
- (a) a User’s use of or inability to use the Website,
- (b) any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website;
- (c) any information available on or through the Website or on or through any website to which there is a link from the Website; or
- (d) Tixel’s negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.
- 14.3 Without limiting 15.1 or 15.2, Tixel’s total liability shall be limited to the amount paid by a User in respect of a disputed transaction.
- 14.4 Users indemnify Tixel, its related bodies corporate, their officers and employees, and service providers (including PromisePay) from and against all:
- (a) liability to any third party;
- (b) damage to property; and
- (c) other liability, damage or loss;
insofar as the injury, damage or other liability, damage or loss is attributable to your negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, their performance, or the failure to perform them.
15. Revisions and Errata
The materials appearing on Tixel’s website could include technical, typographical, or photographic errors. Tixel does not warrant that any of the materials on its website are accurate, complete, or current. Tixel may make changes to the materials contained on its website at any time without notice. Tixel does not, however, make any commitment to update the materials.
16. Links and Advertising
Tixel has not reviewed the sites linked to or from the Website or third party advertising. All links and advertising provided are for Users’ convenience only, and Tixel is not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by Tixel of the site. Use of any such linked website or advertising is at the User's own risk.
18. Governing Law
Any claim relating to these Terms and Conditions of Use or the use of the Website or Services shall be governed by the laws of the State of Victoria, Australia without regard to its conflict of law provisions, and Users agree to submit to the jurisdiction of the Courts of that State.
If any provision of these Terms and Conditions of Use is held invalid, unenforceable, or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be deemed deleted.
SCHEDULE OF FEES & CHARGES
Effective 15 February 2017
||Fee or Charge
||Buyer’s Fee upon purchase of a Ticket
||5% of Price
||Seller’s Fee upon sale of a Ticket
||5% of Price
||Ticket Issuer’s Fee (if applicable)
||At cost, set by issuer of Ticket
||Name change Fee (if applicable)
||At cost, set by issuer of Ticket
||At cost, set by financial institution
||Bank Transaction Fees (any Fee incurred by Tixel as a result of the transaction by the Seller or Buyer)
||At cost, set by financial institution
||Administrative Charge for fraud, chargebacks, breaches of terms and conditions
||Up to the Price and all Fees and Charges incurred
||All other third party fees imposed as a result of the User’s purchase or sale of a Ticket
||At cost, set by third party