General

1.1 What follows are the terms and conditions of use which apply to the use of www.equalitix.com and www.equalitix.com.au. This agreement should be read in conjunction with the Equalitix Privacy Policy which is available on the Site.

Equalitix (Broome & Cook Pty Ltd ACN 625 238 682) owns, operates and maintains the Site and all content directly associated via Related Sites.       

Definitions

2.1 The definitions pursuant to this document are as follows:

The Equalitix Terms and Conditions in its entirety will be referred to as the ‘Terms’;

The websites of www.equalitix.com and www.equalitix.com.au will be referred to as ‘the Site’;

A user of or visitor to the Site, is referred to as ‘you’ or ‘your’ or ‘User’;

provision of the platform through which any person can sell and/or purchase an event ticket is referred to as the ‘Services’;

All Users that upload e-tickets to the Site with the intention to sell this ticket are referred to as ‘Sellers’;

All Users that use the Site with the intention to purchase the tickets that are available for sale are referred to as ‘Buyers’;

Other websites or social media platforms on which we have a presence are referred to as ‘Related Sites’;

 

2.2 These Terms are the entire agreement between the Company and you with respect to the use of the Site, Related Sites and the Services.All prior representations and understandings, whether written or oral, are excluded.

Access of the Website

3.1 Any user accessing the Site automatically agrees to be bound by the Terms. In the event that User does not agree to be bound by any of the Terms, they may be prohibited from accessing and using the Site.Any activity they engage it related to the Site may be deemed void. 

You are responsible for protecting your login details and you must notify us immediately if there is any unauthorised usage of your account.

3.2 There is no fee for you to create an account on our Site. Once you have created an account on the Site or linked your Facebook account to the Site, your Equalitix account will become active. Once your account is active, you will then have full access to the Site and the associated Services.

3.3 By creating an account, you consent to receive electronic communications from us. The Equalitix Privacy Policy should be read in conjunction with the Terms and referred to for all information regarding personal information and communications from us.

Account Usage

4.1 In order to user the Services, a user must create an individual account with Equalitix. This is done by creating a username and a password or linking an existing Facebook account and by providing any additional information as may be required by Equalitixone a case by case basis.

4.2 Equalitix reserves the right to suspend and/or cancel an account for any or no reason. If suspension or restriction occurs, you will be unable to access and use the Site and Services.

4.3 Users are responsible for all activity completed on the Account.

4.4 As a User of the Site, you acknowledge and agree to pay all fees and charges required of you, depending on the service rendered.

Intellectual Property

5.1 All rights associated with the content of this Site, including the intellectual property interests remains with Equalitix.

5.2 No right to use, claim ownership of, reproduce, decompile any of the content, products and services related to the Site or infringe upon intellectual property interests belonging to Equalitix are granted to the User by these Terms.

5.3 Any content submitted to the Site on behalf of the user, including but not limited to the content related to the creation of an event listing or the provision of feedback, may be used without cost or any restriction by Equalitix and its related bodies corporate for the purposes of marketing, promotion, product research and organisational strategy.

The Services Provided by Equalitix

6.1 Equalitix offers an online marketplace service for e-tickets. The Service provided by Equalitix is limited only to the online facilitation of this ticket transaction and does not extend to providing any communication between Users, guaranteeing any level of satisfaction with the tickets purchased or guaranteeing the validity of the tickets offered for sale on the Site.

6.2 Whilst Equalitix may endeavor to use manual methods check the validity and accuracy of a ticket offered for sale on the Site,  there is no guarantee the accuracy of the online marketplace Service, nor the validity of all tickets listed for sale on the Site. Users agree and acknowledge that purchasing tickets through the Site is not risk free.

6.3 Users acknowledge and agree that Equalitix takes no responsibility and assumes no level of liability if a Buyer purchases a ticket from the Site which is invalid, fraudulent, duplicated or any other quality which results in denied entry for the Buyer.

6.4 For the avoidance of doubt, Equalitix takes no responsibility and assumes no level of liability for any consequences, misinformation (such as wrong event description) or damages you may suffer as a result of your use of the Site and Services. This includes but is not limited to the cost of the ticket, travel and accommodation costs to the event, any damages for loss of enjoyment or any other pecuniary and non-pecuniary claims made in relation to a ticket purchased on the Site.   

6.5 The Equalitix Services are intended for personal and individual use only. Commercial ticket traders and other commercial parties are discouraged from using the Site and Equalitix reserves the right to suspend any account if it is suspected of being operated by a commercial party.

6.6 Users acknowledge and agree that Equalitix takes no responsibility and assumes no level of liability if a transaction conducted on the Site is in breach of any local, city, state, territory or federal law. Equalitix is not responsible for the User’s compliance with these laws or any rules and regulations prescribed by the event host, promoter, original ticket retailer or any other associated bodies involved with an event for which a ticket is being bought or sold.

Sellers and Selling Tickets

7.1 Sellers may only upload tickets to the Site of which they have legal ownership of and haveauthorisation to re-sell that ticket. Similarly, Sellers must not sell their ticket on the Equalitix Site and then proceed to use themselves, or provide any other person with the right to use that same ticket to attempt to gain entry into the event. It is the responsibility of the Seller to ensure any ticket listing associated with their account is up to date and accurate and also to destroy any duplicate copies of an e-ticket that has been sold on the Site. 

7.2 Sellers may upload tickets to the Site at an asking price of that must not exceed the original cost price (from the original and official ticket retailer) plus 10%. The 'original cost price' as used on the Site is to be understood by the User as having the same definition as 'the original supply cost' as outlined in section 58E (1) of the Fair Trading Act 1987 (NSW), being; 'the amount for which the ticket was sold to the first purchase by an authorised seller'. For the avoidance of doubt, this is not to include any booking or transaction fees paid. In the event that the Seller acquired their ticket from a channel other than the original ticket retailer, it is the responsibility of the seller to accurately calculate the original cost price of that ticket, if it had been purchased from the original ticket retailer and use this information to set the price of the ticket listing.

7.3 Sellers agree and acknowledge that they must truthfully and accurately provide the original cost price amount when prompted as part of the ticket listing process on the Site. If a User is found to have provided misleading or incorrect information regarding the original cost price of the ticket, Equalitix may suspend their account and remove any existing ticket listings attached to their account. Equalitix is not liable or responsible in any way for a Seller providing a false original cost price when selling their ticket(s) on the Site. 

7.4 Sellers must provide all other information relating to the ticket (including but not limited to; event location, date, event description and ticket information such as section, row, aisle or special conditions of the ticket) as accurately and truthfully as possible with no intention to mis-lead a potential Buyer. In the event that the Seller is unable to accurately provide the information requested of Equalitix, the Seller agrees and acknowledges that it is their responsibility to contact Equalitix in order to clarify the missing information before listing the ticket for sale.

7.5 Sellers agree and acknowledge that a failure to provide accurate and truthful information regarding their ticket listing may lead to loss or damage to Equalitix or a Buyer. In the event of such loss or damage occurring, Sellers indemnify Equalitix and Buyers and may be liable for any losses, liabilities, damages, fines or other costs that are reasonably linked to the failure to provide accurate and truthful information.

7.6 Sellers must only upload the original ticket document (e-ticket) and are not permitted to upload photographs, scanned versions or amended copies of the original ticket.

7.7 Sellers may delete their ticket listing after publishing. However, once a Buyer has completed the online transaction process and purchased the ticket, the Seller is obliged to sell the ticket and must proceed with the ticket sale.

7.8 Equalitix at its sole discretion may change, modify, translate or delete any or all event information related to a ticket listing that has been created by a Seller, without any notice to the Seller. This includes the right to delete a ticket listing in its entirety.

7.9 Equalitix may decrease the sale price related to a ticket listing that has been created by a Seller, without any notice to the Seller, if Equalitix has a reasonable belief that the sale price exceeds the original face value of the ticket.

7.10 Each ticket listing will remain visible on the Site until sold, or up until (or 2 hours within) the start time of the event that the ticket is being sold for.

7.11 Sellers agree and acknowledge that any of the below actions including but not limited to;

(i) listing a ticket for sale with inaccurate information relating to any aspect of the ticket;

(ii) the listing of or sale of a ticket that has already been sold;

(iii) the listing of or sale of a ticket that is used by another person;

(iv) the listing of or sale of a ticket that is ineligible, fake, modified or unauthorized for any other reason;

(v) the failure to fulfil a sale transaction;

(vi) proceeding to re-use a ticket that has been sold on the Site

(vii)or any other breach of the Terms

will be considered a void and/or fraudulent transaction.  This may result in a monetary charge against the Seller to recover any damages incurred by Equalitix or another User of the Site who has been disadvantaged in any way. This remedy does not limit any other remedy available to Equalitix.   Equalitix has sole discretion to determine whether a void or fraudulent transaction has occurred due to the actions of the Seller.

7.12 Sellers warrant to and for the benefit of Equalitix that each ticket listed by them is:

(i) authentic;

(ii) fully transferrable;

(iii) available for immediate sale and transfer at the price listed;

(iv) not obtained through theft, fraud or any other dishonest or illegal means;

(v) not offered for sale in breach of any terms and conditions applicable to that ticket;

(vi) compliant with all applicable laws, regulations and codes of practice including but not limited to, consumer or other legislation that regulates the activities of secondary ticket agents or that may be applicable to the resale of any ticket within any state, territory or country.

7.13 Sellers agree and acknowledge that if they are notified of any changes to the event and/or the ticket (including, but not limited to a change in seating arrangements, change in date, change in start time, or a change to any other entry conditions), they will immediately notify Equalitix (info@equalitix.com)  and provide full details of the changes. Equalitix will then undertake best endeavors to notify the Buyer of the relevant changes. If Equalitix deems that it was reasonable for the Seller to have been aware of these changes, but then failed to notify Equalitix, the Seller may forfeit their payment for the ticket(s) sold.  Equalitix reserves the right to cancel any ticket listing on the Site as a result of a change of any nature to an event.   

7.14 Sellers agree and acknowledge that once a Buyer has completed the transaction to purchase the ticket(s) on the Site, Equalitix has the right to dispatch the ticket(s) to the Buyer’s account via the Site. Sellers agree and acknowledge that all transactions on the Site are non-reversable and non-refundable.

7.15 Sellers are advised to seek further legal advice if they possess any doubt regarding these Terms. Equalitix is not responsible for a Sellers lack of understanding or knowledge of existence of these terms.

Buyers and Buying Tickets

8.1 Buyers transact on the Site by browsing the ticket(s) that are listed for sale, selecting the ticket(s) that they would like to purchase and then proceeding to provide the necessary payment information in order to confirm the purchase of the ticket. Once the purchase is confirmed on the Site, the Buyer is contractually bound to complete the purchase that ticket and provide the requested level of payment as consideration. Buyers agree and acknowledge that to the fullest extent permitted by law all transactions on the Site are final, non-reversable and non-refundable.

8.2 Buyers must carefully read the full listing details for each ticket before proceeding to purchase this ticket. This includes, but is not limited to, the event information, the price of the ticket and the location of the ticket. Equalitix will not offer any refunds, exchanges or reverse any transaction due to any misunderstanding on behalf of the Buyer.

8.3 Buyers agree and acknowledge that that not all tickets sold in a single listing may be seated together.

8.4 Buyers agree and acknowledge that Equalitix holds no liability or responsibility if a Buyer is not satisfied with their seating location, level of access provided by the ticket purchased or if the ticket purchased offered something different to what they expected.

8.5 Buyers agree and acknowledge that Equalitix holds no liability or responsibility if any aspect of an event is changed, rescheduled or cancelled causing the Buyer to not attend the event. Such an occurrence will not trigger the right for the Buyer to receive any refund or damages payable from Equalitix. This indemnity includes the cost to purchase the ticket as well as any costs such as travel to the event, accommodation and other related costs. 

8.6 Buyers agree and acknowledge that it is their responsibility to inspect the details of the ticket immediately after purchase to ensure that it matches the description in the listing. In the event that the Buyer inspects the ticket and it does not match the description, it is the responsibility of the Buyer to notify Equalitix in advance of the event. Equalitix will then make an independent and reasonable determination as to whether the ticket transaction was valid or not.

8.7 Buyers must make full payment for a ticket via the methods offered by Equalitix. Payment methods offered to Users may change from time to time.  The payment processing for purchases on the Site are facilitated by Stripe and therefore all transactions are also subject to all Stripe terms, private cy policy, service agreements and related legal documents, available at: https://stripe.com/au/ssa

8.8 Ticket prices displayed are inclusive of all applicable GST and are in Australian dollars. Payment must also be made in Australian dollars.

8.9 Unless otherwise required by law, Equalitix has no liability to Buyers in respect of changes to an event and/or tickets or rescheduled events, including but not limited to any liability to refund the price of the applicable ticket (or any transaction fees).  In the event thatEqualitix does contact the Buyer in respect of changes to an event and/or tickets or rescheduled events, the Buyer must cooperate with Equalitix and the Seller in respect of those changes or that rescheduling.

8.10 Buyers are encouraged to contact Equalitix (info@equalitix.com.au or via the Enquiry/Report to Admin links on the Site) in the following circumstances;

(i) The ticket purchased does not match the information in the listing;

(ii) The ticket is invalid, counterfeit or otherwise not authentic;

(iii) The Buyer is not permitted entry to the event due to the ticket being deemed not authentic, invalid or already used by another person;

(iv) The Buyer is not permitted to use the ticket due to it being deemed not authentic, invalid or already used by another person.

Upon being contacted, Equalitix will launch an investigation with all relevant parties to attempt to determine the facts surrounding the dispute and subsequently make an independent and reasonable determination regarding the potential of charges, fees and penalties payable by the Buyer and/or Seller. Equalitix may require the co-operation of both the Buyer and Seller as part of this determination process. A failure by either party to adequately co-operate or communicate as a part of this process may result in Equalitix issuing a charge to one or all parties in order to recover any damages, monetary or otherwise, that have resulted from this disagreement. Additionally, Equaltix reserves the right to suspend of permanently cancel the account of the party that refuses to co-operate.

Equalitix takes no responsibility and assumes no level of liability for any consequences, misinformation (such as wrong event description) or damages you may suffer as a result of your use of the Site and Services. This includes but is not limited to the cost of the ticket, travel and accommodation costs to the event, any damages for loss of enjoyment or any other pecuniary and non-pecuniary claims made in relation to a ticket purchased on the Site.   

8.11 For the avoidance of doubt, Equalitix will not conduct any investigation or conduct any determination in the following circumstances;

(i) The ticket is not permitted entry for another reason that is not related to the authenticity or validity of the ticket;

(ii) The access provided or location of seating of the ticket did not meet the expectations of the Buyer;

(iii) The Buyer was subject to additional fees or charges in relation to the Ticket that were in addition to any monies payable as part of the transaction completed on the Site.

8.12 In the event that the Buyer wishes to raise a dispute relating to any of the circumstances listed in Clause 8.9, the Buyer must do so within 24 hours after the starting time of the event to which the ticket provides access, any disputes may be refused at the sole discretion of Equalitix and there will be no investigation entered and no determination delivered. The Buyer will be responsible for payment of all costs, fees and charges as part of the original transaction as completed on the Site.

8.13 The Buyer agrees and acknowledges that there is a risk that tickets purchased through the Site prove to be invalid. The risks associated with the validity of the ticket and any costs associated remain with the Buyer.

Payment

9.1 Payment processing services for Users on Equalitix are (in some cases) provided by Stripe and are subject to the Stripe Services Agreement (available at https://stripe.com/au/ssa). By agreeing to the Equalitix Terms or continuing to operate as a User on the Site you agree to be bound by the Stripe Services Agreement and all other associated Stripe legal documents. These documents may be modified from time to time with no notice provided to you.

9.2 As part of utilising Stripe as the payment provider, all Users agree that in accordance with the Equalitix Privacy Policy, their personal and payment information may be shared with Stripe whenever necessary to conduct the services of the Site. Equalitix reserves the right to change their payment provider, the channels available for payment at any time with no notice provided to Users.

9.3 Equalitix utilises the Stripe payment service as a means to accept money from Buyers. This money is then held on escrow with Stripe. When the ticket transaction is deemed successful (approximately 2 days after the completion of the event for which the tickets have been sold for), Equalitix will then coordinate the transfer of relevant money to the Sellers account, in accordance with the Equalitix Fee Schedule.

9.4 As Equalitix uses Australian Bank Transfers to ensure Sellers receive their monies approximately 2 business days after the event has completed for which they sold a ticket. As a result, Equalitix requires the correct and accurate bank account information of Sellers in order to ensure a correct transaction. Once a bank transfer has been completed by Equalitix, this is deemed final and Users are not able to request a change in payment method or any changes to their nominated bank account.

9.5 Equalitix is not responsible for any delay in payment as a result of transfer times required between Australian banks. No interest, damages or compensation of any form will be paid by Equalitix as a result of a banking transfer delay.

9.6 Sellers agree and acknowledge that Equalitix is not liable for money being transferred into the incorrect bank account as a result of banking error and/or the Seller providing incorrect information, such as an incorrect Bank Account Number, BSB Number or Account Name. No interest, refunds or compensation will be offered to Users by Equalitix.

Fee Schedule

10.1 The Equalitix Schedule of Fees and Charges is as follows;

Number

Description of Fee or Charge

Amount

1.

Buyer’s fee for a purchase transaction

5% of selling price

2.

Seller’s fee for a sale transaction

5% of selling price

3.

Buyer’s fee for payment transaction

3% of selling price

4.

Administrative Charge for fraud or breaches of terms and conditions

TBD by Equalitix

10.2 Users agree and acknowledge that the Equalitix Schedule of Fees and Charges relate only to fees and charges issued by Equalitix and that as a result of being a part of ticket transactions on the Site, Users may be required to pay additional fees and charges set by third parties including but not limited to; the original ticket seller, event promotors and financial institutions for reasons including but not limited to; administrative charges, name change fee, ticket issuer’s fee, bank transaction fee and other third party fees as a result of the User’s purchase or sale of a ticket.  

Tax

11.1 Users are solely responsible for obtaining their own tax advice prior to using the Site.

11.2 Sellers are solely responsible for any tax consequences as a result of the use of the Site.

Indemnity

12.1 Users agree and acknowledge to indemnify and hold Equalitix, its affiliates,officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site. This indemnification includes; liability to any third party or individual, damage to any property and other liability, damage or loss; insofar as the injury. 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 willful action in connection with these terms and conditions, their performance or the failure to perform them.

Disclaimer

13.1 Equalitix 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. The Site and its content are delivered on an “as is” and “as-available” basis. Equalitix reserves the right to make changes to the material (including the Privacy Policy and Terms and Conditions) contained on its Site at any time without notice. By using the Site, Users agree and acknowledge to be bound by the then current version of the Site and all of the material contained in it.

13.2 Equalitix cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. To the fullest extent permitted by law (including, without limitation, the Australian Consumer Law), Equalitix disclaims all warranties, express or implied, including also any implied warranties or merchantability and fitness for a particular purpose.

Limitation of Liability and Warranties

14.1 Equalitix will not be liable to you for any damages of any kind arising from the use of the Site, including (without limitation) direct, indirect, incidental, special, punitive and consequential damages or for lost profits, revenues or business opportunities or loss of enjoyment or opportunity, even if Equalitix has been advised of the possibility of such damages. Equalitix disclaims any and all liability for the acts, omissions and conduct of any third party users, Equalitix users, advertisers and/or sponsors on the Site, in connection with the Equalitix service or otherwise related to your use of the Site and/or the Equalitix services. Equalitix is not responsible for the products, services, actions or failure to act of any other ticket retailer, venue, performer, promoter, producer or other third party in connection with or referenced on the Site.Equalitix is not responsible for breaching the terms and conditions of any other ticket retailer, venue, performer, promoter, producer or other third party as a result of the ticket marketplace services conducted by the Site.

14.2 Where Equalitix 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), the liability of Equalitix 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;

(ii) or 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.

14.3 Without limiting Clause 14.2, Equalitix’s total liability is limited to the amount paid by a User in respect of a disputed transaction, or the face value of the tickets listed in respect of a disputed transaction.

Links and Advertising

15.1 Equalitix is not associated in any way with any third-party advertising on its Site. Equalitix has not reviewed any content linked to or from the Site. Equalitix is not responsible for the content of any such links or content. The use of any such linked website or advertising is at the User’s risk.

Applicable Law and Jurisdiction

16.1 Any claim relating to these Terms and Conditions or use of the Site and its services shall be governed by the laws of the State of NSW and the laws of the Commonwealth of Australia wherever applicable, without regard to its conflict of law provisions, and Users agree to submit to the jurisdiction of the Courts of that State.

Complaints

17.1 Without limiting any of the clauses within these Terms, you may report any complaints, the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in the Site to Equalitix at info@equalitix.com.au. Equalitix may investigate the complaint or claim and take appropriate action, in its sole discretion.

Severance

18.1 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.