TodayTix Terms of Use - New Zealand

TodayTix Australia Pty Ltd.

Website and Applications Terms of Use + TodayTix Ticket Terms and Conditions

Last Revised: 27 April, 2023

Introduction These are the terms and conditions of use for www.todaytix.com (Site) and mobile applications (Applications). The Site and Applications are operated by TodayTix Australia Pty Ltd (ABN 65 628 868 397) care of c/o SW Accountants & Advisors Pty LtdLevel 7 88 Phillip Street SYDNEY NSW 2000 (TodayTix, we, us and our).

Your use of the Site and Applications will be subject to these terms and conditions and by using the Site and Applications you agree to be bound by them.

We reserve the right to change these terms and conditions from time to time by changing them on the Site and Applications.

About Us TodayTix is a mobile application and website for purchasing same-day, same-week and advance-sale theatre and live performance tickets. TodayTix provides ticketing services, including the sale and distribution of tickets, as an Authorised Agent for the venue, promoter or person responsible for holding the relevant event.

How We Work You can download the TodayTix Application onto your iOs or Android device for free and browse for tickets to theatre and live performances. If you would like to purchase a ticket, you will need to register a payment card with the Application. You will then have access to the theatre {"owner's"} inventory where you can choose your seats and purchase your tickets. You can pay for your ticket via our third-party payment providers. Once you have purchased your tickets, you will receive a confirmatory email confirming (amongst other things) the number of tickets, price and order reference number. You will need to bring a form of personal identification and your reference number when you collect your tickets from the venue. In some instances, your e-tickets (including barcodes) will form part of your confirmation email. We will send you a reminder email before you are due to attend your theatre performance.

Ordering and Availability Tickets may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the {'"Swipe to Pay Now"'} button on the checkout page.

After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Ticket. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the {'"Swipe to Pay Now"'} button, you enter into an obligation to pay for the Ticket(s) in the event that your order is accepted by us. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Ticket order has been placed (Order Confirmation). The contract between you and us in relation to the Tickets ordered (Contract) will only be formed when we send you the Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.

You also acknowledge and agree that the Tickets you purchase are subject to the Ticketing Terms and Conditions, and Conditions of Entry, of the relevant theatre company or venue ("Owner's"), which are available on their website. You further acknowledge that the terms and conditions of the relevant theatre company or venue may provide for the theatre company to cancel the Ticket(s) or refuse Entry under certain circumstances.

Risk and Title Tickets ordered will be at your risk from the time of collection. Ownership of the Tickets ordered will also pass to you on collection, provided full payment of all sums due in respect of the Tickets has been received.

Price and Payment The price of Tickets is as quoted on the Site and Applications from time to time. Prices include goods and services tax (as defined by the Goods and Services Tax Act 1985 )). Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Payment for all orders must be made by credit or debit card on the checkout page.

We will not charge your credit or debit card until we send you your Order Confirmation.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

Cancellation, Refunds or Exchanges In accordance with these Terms and Conditions, you may not cancel the Contract for Tickets once you have placed an order and they may not be returned to us for a refund or exchange, unless in accordance with the Ticketing Terms and Conditions of the relevant theatre company or venue.

Subject to any statutory rights of refund (including, without limitation, the provisions of the New Zealand Consumer Protection Law), if an event takes place then generally there is no right to a refund or exchange, including where a ticket holder cannot attend because of adverse weather conditions or refusal of entry to the venue under Conditions of Entry requirements

TodayTix will not issue exchanges or refunds after a ticket has been purchased, or for lost, stolen, damaged or destroyed tickets.

Where a live event or performance is cancelled, rescheduled or significantly relocated due to intervening circumstances, TodayTix will make reasonable endeavours to contact you in a timely manner and inform you of the theatre owner’s or venue’s and TodayTix remedy options for that event and in accordance with the relevant Ticketing Code.

TodayTix will only offer a remedy (which may include a refund, exchange or voucher) of a ticket if an event is cancelled, rescheduled or significantly relocated due to intervening circumstances by the Producer, theatre owner or venue (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the New Zealand Consumer Law). You must apply for a refund within a reasonable timeframe. TodayTix does not offer refunds or exchanges as a result of personal circumstances.

If an event is cancelled, rescheduled or significantly relocated by the Producer, theatre owner or venue, all liability is limited to the amount for which the ticket was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Unless required by law (including the New Zealand  Consumer Law), neither TodayTix or the theatre owner or venue will be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of the event, including any travel or accommodation expenses.

In most cases, any applicable refunds will be automatically processed to the credit card originally used for the purchase.

For exact instructions on any cancelled or postponed event, please contact us at NZsupport@todaytix.com.

Event dates and times are subject to change by the Owners. It is your responsibility to check for any possible changes in the date and time. You agree that we are not responsible for changes in the date or time of the event and that we will have no liability for any refund due to event dates or times being changed.

The Producer,  theatre company or venue reserves the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venue, seating arrangements (including ticket categories) and audience capacity.

Refunds and exchanges will only be provided in accordance with these Ticket Terms and Conditions (in consultation with the Owner’s policies) and as required by law.

Conditions of Entry Admission to an event or performance is subject to the theatre company or venue's terms and conditions of entry. In particular (but not limited to), you may be denied entry into, or removed from an event where the theatre company or venue has reasonable grounds to do so, including breach of these terms and conditions or the theatre company or venue’s terms and conditions or conditions of entry.

Latecomers Customers who arrive late for a performance may not be admitted until a suitable break. Certain venues/productions may not admit latecomers at all. You must enquire with the venue for specific information on their latecomer policy. In the event that it is not possible to admit a latecomer for any reason, no refunds will be offered.

COVID-19 Specific Conditions of Entry

You acknowledge that the event or performance may be scheduled to be held, or will be held, during a time at which one or more Government directions or regulations may be in force. You agree to comply with all Government directions, orders and regulations relevant to attending the event and in accordance with the theatre company or venue’s COVID-19 specific conditions of entry, which may be in place or vary at the time of the event or performance.

If you are attending the event as part of a group, as the primary ticket purchaser, you may be required to be responsible for knowing or obtaining the contact details of all attendees in your group. In the event you are contacted directly by the Government, including the Ministry Of Health, for the purposes of contract tracing, you must a) make the contact details of your group available to the Government (if you have the consent of each group member to do so); or b) contact each of your group and request they provide contact details to the Government directly. Some theatre companies or venues may require contact tracing details to be provided upon arrival and are subject to their specific conditions of entry.

All attendees in your group, including yourself, must commit to stopping the spread of COVID-19. If at the time of the event or performance, either you or any members of your group are feeling unwell or subject to a self-quarantine or self-isolation period, you agree to not attend the event. If you do attend, you assume all associated risks.

Credits and Vouchers TodayTix may from time to time, at our sole discretion, issue customer service credits and/or vouchers, which TodayTix reserves the right to revoke with or without notice.

Our Liability You agree to indemnify and hold us, our 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 and purchase of tickets, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Nothing in these terms and conditions shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation; or
• for any other liability that may not, under law, be limited or excluded.

Subject to this, in no event shall TodayTix be liable to you for any business losses (including but not limited to loss of profits, loss of sales or business, loss of production, loss of agreements or contracts, loss of business opportunity, loss of anticipated savings, loss of or damage to goods, loss of reputation, or loss of use or corruption of software, data or information) and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Tickets and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

TodayTix will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

Access to the Site and Applications It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and Applications and is compatible with the Site and Applications.

TodayTix may, from time to time, restrict access to certain features, parts or content of the Site and Applications, or the entire Site and Applications, to users who have registered with us, at our sole discretion. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. TodayTix reserves the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

TodayTix cannot guarantee the continuous, uninterrupted or error-free operability of the Site and Applications. There may be times when certain features, parts or content of the Site and Applications, or the entire Site and Applications, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that TodayTix will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site and Applications, or any features, parts or content of the Site and Applications.

What You Are Allowed to Do You may only use the Site and Applications for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site and Applications on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and Applications and, where they apply, will be displayed on-screen or accessible via a link.

What You Are Not Allowed to Do Except to the extent expressly set out in these terms and conditions, you are not allowed to:

• store pages of the Site and Applications on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site and Applications;
• remove or change any content of the Site and Applications or attempt to circumvent security or interfere with the proper working of the Site and Applications or the servers on which it is hosted; or
• create links to the Site and Applications from any other website, without our prior written consent.

You must only use the Site and Applications and anything available from the Site and Applications for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

Intellectual Property Rights All intellectual property rights in any content of the Site and Applications (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site and Applications. Downloading, distributing, or sharing ticketed video content booked through an account on TodayTix is strictly prohibited. In the event you print off, copy or store pages from the Site and Applications (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Content TodayTix may change the format and content of the Site and Applications from time to time. You agree that your use of the Site and Applications is on an {"'as is'"} and {"'as available'"} basis and at your sole risk.

Whilst TodayTix will try to make sure that all information contained on the Site and Applications (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except to the extent that our Site and Applications Terms of Supply apply, TodayTix makes or gives no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and Applications and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and TodayTix accepts no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site and Applications or relying on any of its content.

TodayTix cannot and does not guarantee that any content of the Site and Applications will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

Your Personal Information Use of your personal information submitted to or via the Site and Applications is governed by our Privacy and Cookies Policy.

User Content The Site and Applications may allow you to upload user-generated content in public areas so that you may review the Applications in the comments pages and/or message boards (collectively User Content Areas). TodayTix does not control the material submitted to User Content Areas (collectively User Submissions), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.

If you participate in any User Content Areas, you must:

• keep all User Submissions relevant to the purpose of the User Content Area;
• not submit any User Submission that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
• not submit any User Submission that contains any viruses and/or other code that has contaminating or destructive elements;
• not submit any User Submission containing any form of advertising; and
• not impersonate, or misrepresent an affiliation with, any person or entity.

You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.

Whilst TodayTix does not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.

Complaints about the content of any User Submission must be sent to NZsupport@todaytix.com and must contain details of the specific User Submission giving rise to the complaint.

External Links The Site and Applications may, from time to time, include links to external Site and Applications, which may include links to third-party offers and promotions. TodayTix includes these to provide you with access to information, products or services that you may find useful or interesting. TodayTix is not responsible for the content of these Sites and Applications or for anything provided by them and does not guarantee that they will be continuously available. The fact that TodayTix includes links to such external Sites and Applications does not imply any endorsement of or association with their operators or promoters.

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. TodayTix may give notice to you at either the email or postal address you provide to us when placing an order.

If TodayTix fails to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms and conditions is, for any reason, held to be invalid or unenforceable, the other provisions of these terms and conditions will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. TodayTix is required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

These terms and conditions shall be governed by the law of the state of New South Wales, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the courts of the state of New South Wales.

Contacting Us Please submit any questions you have about these terms and conditions or any problems concerning the Site and Applications by email to NZsupport@todaytix.com.