TICKET SALES TERMS AND CONDITIONS

These Ticket Sales Terms and Conditions (Terms) apply to your purchase of event tickets through Circolo (Platform), operated by Circolo Event Management Software Pty Ltd (ACN 674 134 493) (we, us, our). When we say you or your, we mean you as an individual purchasing a ticket through the Platform. By purchasing a ticket through the Platform, you agree to these Terms.

If you are an Event Organiser, our Event Organiser Terms and Conditions apply to you.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

• our privacy policy (on the Platform) which sets out how we will handle your personal information;
• clause 1 (Ticket Registration) which sets out important information about our role as a platform provider and the limitations of our responsibility in connection with events listed on the Platform;
• clause 4 (Changes, Refunds and Cancellations) which sets out important information about refunds and cancellations, including that refund and cancellation policies are set by Event Organisers and not by us; and
• clause 9 (Limitation of Liability) which sets out exclusions and limitations to our liability under these Terms.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

Ticket Registration

The Platform facilitates connections between independent event organisers (Event Organisers) and individuals who wish to purchase tickets to events. You agree and acknowledge that we are not the creator, organiser or owner of any event listed on the Platform, we are not a party to any agreement between you and an Event Organiser, and we have no control over the description, management, quality, safety, legality or delivery of any event, or the conduct of any Event Organiser.

You may register for an event as set out on the Platform. You may register on your own behalf or on another attendee’s behalf if you have their consent to the registration and have made them aware of these Terms.

It is your responsibility to check the registration details, including selected ticket and ticket type, quantity of tickets, venue, time and pricing, before you submit your registration through the Platform.

When you register and your payment has been validated (if applicable), we will send confirmation of your registration by email to the email address provided at the time of registration. The format and delivery of your ticket(s) will be as set out on the relevant event page.

If you register for a concession ticket, you might need to show valid proof of identification at the event. If you do not provide the required identification, you may be refused entry.

Price and Payment

You must pay the purchase price of each ticket you register for at the time you register for your ticket(s). All amounts are stated in Australian dollars and Australian GST will be set out separately (where applicable).

The total price payable for each ticket will be displayed to you before you complete your purchase and will include the ticket price set by the Event Organiser, a platform service fee set by us which varies depending on the Event Organiser’s subscription tier, and a payment processing fee charged directly by our payment processor which is not set or collected by us and may vary depending on the payment method used.

You acknowledge that ticket proceeds are collected by us on behalf of the Event Organiser and will be remitted to them (less the service fee and payment processing fee) in accordance with our agreement with the Event Organiser.

You must not pay, or attempt to pay, for any ticket by fraudulent or unlawful means.

Event Organiser Terms

Any ticket you register for may be subject to additional terms and conditions of the relevant Event Organiser (Event Organiser Terms). The Event Organiser Terms (if any) will be made available to you on the relevant event page before you register for an event.

Changes, Refunds and Cancellations

Refund and cancellation policies for each event are set by the relevant Event Organiser and will be set out on the relevant event page on the Platform. You should review the Event Organiser’s refund and cancellation policy carefully before purchasing a ticket.

If an event is cancelled, rescheduled or relocated by the Event Organiser, any refund or exchange will be subject to the Event Organiser’s refund and cancellation policy. To request a refund or exchange, you must contact the Event Organiser directly. We are not responsible for, and have no control over, any Event Organiser’s refund or cancellation policy, and are not obligated to provide a refund where ticket proceeds have already been remitted to the Event Organiser.

To the extent required by law, including the Australian Consumer Law, you may have rights against the Event Organiser in respect of any cancelled, rescheduled or relocated event. We are not responsible for enforcing those rights on your behalf.

Unless required by law (including the Australian Consumer Law), neither we nor the Event Organiser will be liable for, or cover the costs of, any other losses you incur as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses. We recommend you carefully consider the refund and cancellation policies of any travel, transport or accommodation you book in anticipation of attending an event.

Australian Consumer Law

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to our provision of services which cannot be excluded, restricted or modified.

Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the ACL.

Behaviour

By purchasing a ticket to an event, you agree:

to comply with these Terms and any reasonable requests and requirements of the Event Organiser and venue;

to comply with the venue rules where the event is hosted;

to be considerate and respectful to all event attendees;

not to consume excessive amounts of alcohol or be under the influence of non-prescription drugs;

that harassment, bullying or any other unacceptable behaviour will not be tolerated; and

not to do anything that may put us, the Event Organiser, their business or the event into disrepute.

The Event Organiser reserves the right to remove you from the event, and we reserve the right to cancel your ticket and suspend or terminate your access to the Platform, if your behaviour constitutes a breach of this clause or any other provision of these Terms or the Event Organiser Terms. No refund will be due to you as a result of any unused portion of your ticket in those circumstances.

Resale of Tickets

You agree not to offer tickets purchased through the Platform for resale or to use tickets for advertising, promotional or other commercial purposes, including trade promotions or competitions.

If a ticket is sold or used in breach of these Terms or the Event Organiser Terms, we or the Event Organiser may cancel the validity of the ticket without refund, and the ticketholder may be refused admission to the event.

The resale of tickets in certain circumstances may attract criminal penalties under relevant legislation.

Intellectual Property

We own all intellectual property rights in the Platform. This includes how the Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission, and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Platform.

You acknowledge and agree that any intellectual property or content used at an event is owned or licensed by the relevant Event Organiser, speaker or sponsor. You must not, without the prior written consent of the relevant Event Organiser, speaker or sponsor:

copy, in whole or in part, any of their materials;

reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of their materials to any third party; or

breach any intellectual property rights connected with the event, including by altering or modifying any materials or causing any materials to be framed or embedded in another website.

When you provide your information, materials and other data to us through the Platform (Your Data), you grant us the right to access, analyse, backup, copy, store, transmit and otherwise use Your Data for the duration of your use of the Platform and for a reasonable period of time afterwards. We do not own any of Your Data. We may use Your Data (or disclose it to third party service providers) to:

process your ticket registration and provide your ticket(s) to you;

contact and communicate with you in connection with your ticket registration;

share relevant details with the Event Organiser for the purpose of managing your attendance at the event;

diagnose problems with the Platform;

improve, develop and protect the Platform;

send you information we think may be of interest to you based on your marketing preferences; and

perform our obligations under these Terms.

When you use the Platform, we may create anonymised statistical data from Your Data and your usage of the Platform (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Platform, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

This clause 8 will survive the termination or expiry of these Terms.

Limitation of Liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you release us from all liability arising from or in connection with:

any aspect of the event itself, including its description, organisation, management, quality, safety, legality or delivery, or any act or omission of the Event Organiser;

loss of, or damage to, any ticket, or any injury or loss to any person as a result of attending or not attending an event;

any third parties or any services or events provided by third parties, including Event Organisers, venues, partners or other subcontractors which the provision of the event may be contingent on or impacted by;

the Platform being unavailable or any delay in us providing services through the Platform; or

any event or circumstance beyond our reasonable control.

Despite anything to the contrary, to the maximum extent permitted by law:

our maximum aggregate liability arising from or in connection with these Terms will be limited to, and must not exceed, the ticket price paid by you through the Platform for the ticket the subject of the relevant claim, or where no price was paid, $100; and

we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, you are liable for and agree to indemnify, hold harmless, release and discharge us in respect of any liability we may suffer, incur or otherwise become liable for as a result of or in connection with any loss or damage to any person or property at an event that arises as a result of any negligent acts or omissions of you or people you have purchased a ticket for, or where you or a person you have purchased a ticket for refuses to follow reasonable directions.

General

Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

Governing Law: These Terms are governed by the laws of Queensland. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when registering for tickets. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email.

Privacy: We collect, hold, use and disclose your personal information in accordance with our Privacy Policy, available on the Platform.

Severability: If any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision will be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

Entire Agreement: These Terms contain the entire understanding and agreement between you and us in respect of their subject matter.