1.1. Megatix acts as agent for the Presenter in the sale of tickets.
1.2. By purchasing tickets through Megatix, You acknowledge that You understand You are purchasing tickets from the Presenter and subject to the Presenters terms and conditions (You should refer to the Presenters website).
1.3. Unless otherwise specified in these Terms and Conditions, any claim or dispute in connection with tickets or an event is between You and the Presenter.
1.4. Megatix is not liable for any claims relating to an event or ticket purchase, except as otherwise set out in these Terms and Conditions.
1.5. Except to the extent required by law (including the Australian Consumer Law), Megatix otherwise has no liability to You.
1.6. The Presenter reserves the right to add, withdraw, reschedule, substitute, cancel or otherwise alter performers, entertainment and/or activities, and/or vary programs, prices, venues, times, seating arrangements (including ticket categories) and audience capacity as advertised, without prior notice to You.
2. Conditions of Sale
2.1. All tickets sold by Megatix are in Australian Dollars and include local taxes (GST).
2.2. Tickets purchased from Megatix as agent for the Presenter may be purchased from various sources such as through the Site, direct from venues and/or retail outlets.
2.3. The method of ticket sales for each event is determined by the Presenter.
2.4. The online sale of tickets will cease upon the later of:
2.4.1. the ticket allocation being exhausted;
2.4.2. a time otherwise specified in relation to an event; or
2.4.3. 2 hours before doors open for the event.
2.5. Where concessions are applicable, suitable and valid identification must be provided for collection of tickets and at the event. You may be refused entry or required to purchase a non-concession ticket at the venue, where you fail to produce valid proof of identification and entitlement to claim the relevant concession.
2.6. Both Megatix and the Presenter reserve the right, at their absolute discretion, not to sell tickets to any person, agent or company.
2.7. Tickets may not, without the prior written consent of Megatix and the Presenter be:
2.7.1. resold or offered for resale at a premium over the face value of the ticket (including but not limited to via on-line auction sites or other unauthorised resale sites);
2.7.2. used for advertising, promotions or other commercial purposes (including competitions and trade promotions); or
2.7.3. used to enhance the demand for other goods or services either by the original purchase or any subsequent ticket holder.
2.8. If a ticket is sold or used in breach of clause 2.7, the ticket may be cancelled without a refund and the ticketholder may be refused admission to the event without prior notice.
2.9. The resale of tickets (scalping) may attract criminal penalties.
2.10. Every ticket sold by Megatix is also subject to the following:
2.10.1. The terms and conditions of the venue at which the event is held (please refer to the venues website); and
2.10.2. Any terms and conditions that may be printed on the ticket.
3. Limitations on number of tickets purchased
3.1. Purchasing of tickets may be limited to a specified number of tickets for each purchaser for events to prevent ticket scalping.
3.2. If You exceed the stated ticket limit, you may have any or all of your orders and tickets cancelled without notice by Megatix at its discretion, including but not limited to orders associated with the same name, e-mail address, billing address, credit card number or other information.
4. Conditions of Entry
4.1. Admission to an event is at the Presenter and/or venues discretion and may be subject to the following:
4.1.1. You may be denied entry into, or removed from, an event where the Presenter and/or venue has reasonable grounds to do so, including if You breach these Terms and Conditions or the venues terms, or You are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the event by others;
4.1.2. If You arrive late, the venue may refuse to admit You until a suitable break in the event;
4.1.3. You may not be permitted to take into the event, or use, cameras or other photographic or recording equipment (including but not limited to mobile phones and tablets);
4.1.4. You may be required to submit to a search of your person and/or possessions before being granted entry to an event; and
4.1.5. Entry to an event may be refused if the authenticity or validity of a ticket is questionable, including but not limited to the ticket being damaged or defaced in any way, or the ticket not being purchased from Megatix or other authorised points of sale (for example, purchase from a scalper).
5. Refunds & Exchanges
5.1. Megatix, as agent for the Presenter, will only refund tickets in accordance with the Presenters terms and conditions.
5.2. At all times, your entitlement to a refund is at the discretion of the Presenter.
5.3. In circumstances where an event is cancelled, rescheduled or significantly relocated by the Presenter (and You cannot or do not wish to attend the rescheduled or relocated event), You must apply to the Presenter for a refund within a reasonable time after the announcement of the occurrence of the aforementioned.
5.4. If an event is cancelled, rescheduled or significantly relocated by the Presenter, all liability is limited to the amount for which the ticket was purchased (including any fees or charges).
5.5. Neither Megatix nor the Presenter will be liable for any other losses incurred by You as a result of the cancellation, rescheduling or relocation of an event, including but not limited to, any travel and accommodation expenses incurred by You.
5.6. You may wish to purchase ticket insurance to cover any of your expenses other than the cost of the ticket(s). If purchasing ticket insurance, You should download and read the insurance providers Product Disclosure Statement to determine whether the insurance product is appropriate for You.
5.7. In the event that the date, time or venue of an event is rescheduled or changed, your ticket will remain valid for the rescheduled date, time and venue.
5.8. If the Presenter authorises Megatix to issue You with a refund, Megatix will refund to You the ticket price.
5.9. Any booking, delivery and/or postage fees and any processing surcharge charged by Megatix is separate to a refund price and is not subject to a refund.
5.10. When a refund is issued, the sum refunded will not necessarily include booking, delivery and/or postage fees and any processing surcharge charged by Megatix to process the refund and pay the refund to You.
5.11. The refund of booking, delivery and/or postage fees and any processing surcharge charged is at the absolute discretion of Megatix and the Presenter.
5.12. Megatix will not offer a refund or exchange as a result of a change in your personal circumstances.
5.13. Megatix may require proof of purchase for any refund or exchange.
5.14. All refunds payable by Megatix can only be made to the credit card (whether temporary or otherwise) used in the original transaction to purchase the ticket(s).
5.15. Notwithstanding anything contained in these terms & conditions, if You use a disposable or temporary credit card (such as those sold over the counter at supermarkets) to purchase your ticket/s from the Site, Megatix will not make any refund to You except in the following circumstances:
5.15.1. You provide Megatix with the full details of the credit card used to purchase the ticket(s) from the Site;
5.15.2. The credit card used to purchase the ticket(s) from the Site remains valid; and
5.15.3. You can provide Megatix with a copy of the online purchase receipt.
5.16. Megatix will not replace lost, stolen or destroyed tickets, except in limited circumstances, at the discretion of Megatix.
5.17. Megatix will not exchange or substitute tickets for different events after purchase, except in limited circumstances, at the absolute discretion of Megatix.
5.18. Megatix may charge a reasonable fee for the replacement of tickets.
5.19. You acknowledge that it is Your responsibility to check the Site and website of the Presenter and/or venue for information in relation to any events which may include information about cancelled or rescheduled events.
6. Variation to Terms and Conditions
6.1. Megatix may vary these Terms and Conditions at any time without prior notice to You, effective immediately upon being published on this Site.
6.2. The terms and conditions that apply to any particular transaction will be the published terms and conditions on this Site, as they appear at the time the transaction is finalised.
6.3. Variations to these Terms and Conditions will only apply to ticket purchases made after these Terms and Conditions have been updated.
7. Failure to Attend / Failure to Collect / Delivery Fulfillment
7.1. Tickets may be made available to You by one or more of the following methods:
7.1.1. emailing or posting tickets to You; or
7.1.2. for collection by You at the door or Box Office.
7.2. Contact Megatix immediately if You have elected to receive your ticket(s) by mail or email and have not received the ticket(s) within 48 hours from the event.
7.3. You will not be entitled to a refund of the ticket price if You fail to attend an event, or you fail to attend with a valid ticket.
8. Collection and Delivery of Tickets
8.1. Megatix reserves the right to limit the method of delivery of tickets to a sole method of delivery. Megatix may increase the methods of delivery of tickets offered from time to time.
8.2. You must allow adequate time for collection or delivery of tickets.
8.3. Methods of collection and/or delivery will be available when choosing your collection/delivery details during the purchasing process. It is your responsibility to determine whether ticket(s) purchased by You will be received by You prior to the date of the event. You may wish to review the Australia Post delivery standards before selecting your preferred ticket delivery method.
8.4. In the interests of minimising ticket scalping, Megatix reserves the right to change your delivery method to venue collect at its discretion.
8.5. At this time, Megatix offers only electronic delivery of tickets.
9. Enquiries and Complaints
9.2. For enquiries or complaints in relation to staff and/or amenities at a venue or event, contact venue management directly.
9.3. For enquiries in relation to an artist or performers sound, lighting or production quality, contact the Presenter directly.
10. Data Security
10.2. Megatix will take reasonable precautions to protect your personal information, however, Megatix does not warrant to You or guarantee the safety of your personal information in the event that your personal information is obtained by third parties by way of theft, cyber crime or cyber attack of Megatix systems.
11. Copyright and Trademark
11.1. All content contained on this Site is the copyright of Megatix and/or the relevant licensors.
11.2. Megatix prohibits You from any unauthorised use of content on this Site, including but not limited to copying, storage, reproduction, publishing, electronically or otherwise transmitting in any form or by any means in whole or in part.
11.3. Megatix will terminate the access of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so, including but not limited to, User Content whether articles, images, stories, software or other copyrightable material which infringes the copyrights or other rights of third parties (including, but not limited to, trademark, trade secret, privacy or publicity rights).
12. Disclaimer and liability
12.1. Megatix bears no liability to You for any Site or system outages.
12.2. Save and except for where provided for under the Australian Consumer Law (including without limitation in respect of any consumer guarantee) or any other applicable law under which liability cannot be excluded or limited, Megatix is not liable to You for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenue or business opportunities.
12.3. Clause 12.2 applies even in the event where Megatix has been advised of the possibility of such damages.
12.4. The Site and its content are delivered on an as-is and as-available basis.
12.5. Megatix does not promise that the site will be error-free, uninterrupted, or that it will provide specific results from use of the Site or any content, search or link on it.
12.6. Megatix does not warrant that files You download from the site will be free of viruses or contamination or destructive features.
12.7. Megatix disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose.
12.8. Megatix will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages.
12.9. Megatix makes no guarantee of any specific result from use of the Site or use of its service.
12.10. Megatix disclaims any and all liability for the acts, omissions and conduct of any third party users, Megatix users, advertisers and/or sponsors on the Site, in connection with Megatix service or otherwise related to your use of the Site and/or Megatix service.
12.11. Megatix is not responsible for the products, services, actions or failure to act of any Presenter, venue, performer, promoter or other third party in connection with or referenced on the Site.
13.1. You agree to indemnify and hold Megatix and its affiliates, and each of Megatix and its affiliates' respective officers, agents, employees, contractors and principals, indemnified from any loss, liability, claim or demand, including but not limited to legal fees, by You or any third party arising from use of the Site, including but not limited to losses arising as a result of the purchase of goods or services from the site, and your use of the Site to provide a link to another site or to upload content or other information to the Site.
14. User Contributions to the Site
14.1. The Site may provide You with opportunities to contribute to the Site, including but not limited to uploading your user profile, participating in chats and using bulletin boards. Anything that is contributed to the Site by You or other Site users will be referred to in these Terms as User Content.
14.2. Megatix is not liable or responsible for any User Content.
14.3. Megatix does not endorse User Content and User Content does not represent the view or opinions of Megatix.
14.4. Users will be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials (objectionable material).
15. Links and Search Results
15.1. The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. Megatix has no control over these sites or their content. Megatix cannot guarantee, represent or warrant that the content contained in these sites is accurate, legal and/or inoffensive.
15.2. Megatix does not endorse the content of any third party site, nor warrant that they will not contain viruses or otherwise impact your computer.
15.3. You agree and understand that You may not make any claim against Megatix for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.
16. Prohibited Content
16.1. The following User Content is illegal or prohibited on this Site, including but not limited to:
16.1.1. promotion of racism, bigotry, hatred or threat of physical harm of any kind against any group or individual;
16.1.2. could be harmful to minors;
16.1.3. harassing or advocating harassment of another person;
16.1.4. the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;
16.1.5. promotion of information that is known to be false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
16.1.6. promotion of an illegal or unauthorised copy of another person's copyrighted work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music and/or video or links to pirated music and or/ video files;
16.1.7. restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
16.1.8. pornographic or sexually explicit material of any kind;
16.1.9. material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18 years of age;
16.1.10. providing instructional information about illegal activities, including but not limited to making or buying illegal weapons or substances, violating someone's privacy, or providing or creating computer viruses;
16.1.11. soliciting passwords or personal identifying information for commercial or unlawful purposes from other users; and
16.1.12. engaging in commercial activities without Megatix prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
17. Offline Conduct
17.1. Megatix prohibits You from using any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.
17.2. Megatix is not responsible for any user offline conduct.
17.3. Your failure to comply with clause 17.1 may result in termination of your access to the Site.
18. Commercial Use
18.1. No bulletin board, chat or other areas of the Site may be used by our visitors for any commercial purposes including but not limited to sales of tickets, merchandise or services of any kind, whether by advertising, solicitations, links, or any other form of communication.
18.2. You must obtain the prior written consent of Megatix to make commercial offers of any kind on the Site.
18.3. Without limiting the foregoing, You may not use the Site to resell or link to other sites for the purpose of selling tickets of any kind.
18.4. Megatix reserves the right to block access to this Site or any of Megatix other services, or cancel a ticket order or ticket with respect to any person believed to be, or believed to be acting in concert with any person who is believed to be, violating the law or these terms and conditions, Megatix rights, or utilising automated means to process or place ticket orders, or who has ordered a number of tickets that exceeds the stated limit.
19. Permitted Use
19.1. You agree that You are only authorised to visit, view and to retain a copy of pages of this Site for your own personal use, and that You shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise from Megatix, unless otherwise specifically authorised by Megatix to do so.
19.2. You also agree not to deep-link to the Site for any purpose, unless specifically authorised by Ticketmaster to do so.
19.3. The content and software on this Site is the property of Megatix and/or its suppliers and is protected by Australian and international copyright laws.
20. Access and Interference
20.1. You agree that You will not:
20.1.1. use any robot, spider or other automatic device, process or means to access the Site;
20.1.2. use any manual process to monitor or copy our web pages or the content contained thereon or for any unauthorised purpose without our prior expressed written permission;
20.1.3. use any device, software or routine that interferes with the proper working of the Site nor shall You attempt to interfere with the proper working of the Site;
20.1.4. take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
20.1.5. access, reload or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval; and
20.1.6. copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior, express written permission of Megatix.
20.2. Megatix may, at its sole discretion, modify, suspend, discontinue, impose limits on certain features and services or restrict access to the Site or any part of the Site at any time, with or without notice to You.
21. Violation of these Terms and Conditions
21.1. Violations of these Terms and Conditions may be investigated and appropriate legal action may be taken, including but not limited to criminal and/or civil (such as injunctive relief).
21.2. If Megatix believes that your conduct or the conduct of any person with whom Megatix believes You act in concert, or the User Content You provide, or any resale of such tickets purchased through Megatix, violates or is inconsistent with these terms and conditions or the law, or violates the rights of Megatix, a client of Megatix or another user of the Site, Megatix may, as its sole discretion, and without prior notice to You:
21.2.1. terminate your access to the Site;
21.2.2. cancel your ticket order or tickets acquired through your ticket order;
21.2.3. cancel your ticket postings;
21.2.4. remove any unauthorised User Content;
21.2.5. exercise any other remedy available.
22.1. Megatix is not responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party.
22.2. Any User Content on the Site, by electronic mail or otherwise, will be deemed to be non-confidential and non-proprietary to You.
22.4. By posting User Content to the Site, You authorise Megatix to use or allow others to distribute, reproduce or otherwise use such User Content.
22.5. You should not post information about yourself on the Site that can be used to identify or contact You, including, but not limited to, your name, home or work address, phone numbers, email address, bank details or other such information (personal information).
22.6. By posting personal information on the Site, You violate these Terms and Conditions, and You assume all risk and sole liability for the results of such posting.
22.7. Megatix is not liable for any lost data resulting from the operation of the Site.
23. Governing Law
23.1. These Terms and Conditions shall be governed by the laws of the State of Western Australia.
23.2. Notwithstanding clause 23.1, court proceedings may be commenced in any Australian State or Territory.
23.3. For information regarding ticketing of live entertainment and sporting events, or to obtain a copy of the Code of Practice for Event Ticketing please refer to www.liveperformance.com.au.