Terms and Conditions (Ticket Buyers, AU)
Last Updated: 06 January 2023
Epic TKT, Epic TKT.com(collectively “Epic TKT”) operate the Epic TKT booking system and web pages (“Epic TKT Platform”) for events created by EVENT ORGANISERS. Epic TKT provides the Epic TKT platform and associated software to EVENT ORGANISERS so that they may list event details, set ticket inventory, sell tickets, take registrations and manage other event functions using the Epic TKT platform. Epic TKT provides access to certain parts of the Epic TKT platform to the general public so that they may transact and interact with the EVENT ORGANISER. The following Terms and Conditions of Use and Purchase Policy (“these Terms”) have been created to ensure you are happy with your ticket purchase and that you fully understand the purchase process with the EVENT ORGANISER who uses Epic TKT, the Epic TKT platform, Epic TKT powered partner websites and Epic TKT retail store associates to promote the EVENT ORGANISER’s events, sell tickets, make registrations and bookings.
Section 1 : General
You must be 18 years or older to use this Service.
By using or visiting the Epic TKT platform, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Epic TKT platform.
Epic TKT and Epic TKT.com (collectively “Epic TKT”) reserve the right to change these Terms at any time, effective immediately upon posting on the Epic TKT platform. To ensure you are aware of the latest Purchase Policy and Terms and Conditions of Use, please check this page of the Epic TKT platform periodically which is available from every event page on the Epic TKT platform. The latest date of issue will be posted at the top of this page.
Section 2 : Permitted Use Of The Epic TKT Platform
You agree that you are only authorised to visit, view and to retain a copy of pages of Epic TKT platform 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 an event and its promotional information, for personal use, or to purchase tickets for your personal use, unless otherwise specifically authorised by Epic TKT to do so.
The content and software on this site is the property of Epic TKT and is protected by Australian and international copyright laws. We post a legal notice and various credits on the Epic TKT platform, which may not be amended or removed. You must not remove this notice or these credits, or any additional information contained along with the notices and credits.
Section 3 : Links And Search Results On The Epic TKT Platform
The Epic TKT platform may include links posted by the EVENT ORGANISER or automatically produce search results that reference or link to third party sites throughout the World Wide Web. To the extent permitted by law, where Epic TKT has no control over these web sites or the content contained within them, Epic TKT cannot guarantee, represent or warrant that the content contained in third party websites is accurate, legal and/or inoffensive.
Epic TKT does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer in a harmful or damaging way. By using the Epic TKT platform to search for or link to another site, you agree and understand that you may not make any claim against Epic TKT for any damages or losses, whatsoever, resulting from your use of the Epic TKT platform to obtain search results or to link to another site. If you have a problem with a link from the Epic TKT platform, please notify us at hi@Epic TKT.com and we will investigate the problem you describe in your email and take actions that we deem are appropriate in our sole discretion.
Section 4 : Unauthorised Use Of The Epic TKT Platform
Illegal and/or unauthorised uses of the Epic TKT platform, whether for unauthorised ticket sales, unauthorised framing of or linking to the Epic TKT platform will be investigated and appropriate legal action will be taken.
Section 5 : Violation Of These Terms And Conditions
If you violate these Terms including if you post or provide User Content which violates these Terms or has violated the rights of Epic TKT, any other User or the law, Epic TKT may terminate your use of the Epic TKT platform, prevent you from making all future bookings using the Epic TKT platform, and/or take legal action against you. Where this occurs, Epic TKT will provide you with reasonable prior written notice that this will be implemented, together with reasons for that action being taken. If you wish to dispute that decision of Epic TKT, you have 5 days within Epic TKT providing its notice to you to do so and Epic TKT will act reasonably in considering your response.
If you materially violate these Terms (which includes any breach of clause 6), Epic TKT may cancel your ticket orders in which case Epic TKT will provide you with written notice of that cancellation together with reasons for that cancellation and will provide you with a refund of the ticket price paid by you.
You agree that monetary damages may not provide a sufficient remedy to Epic TKT for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations.
Epic TKT may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. This is in addition to any other uses permitted under our Privacy Policy.
Epic TKT is not required to provide any refund to you if you are terminated as a user because you have violated these Terms, except as expressly set out in these Terms.
Section 6 : Epic TKT Copyright Policy
You may only submit content to the Epic TKT platform (“User Content”) where you have the rights to do so. In particular, you:
may not use the Epic TKT platform to unlawfully transmit copyrighted material (including articles, images, stories and software) without a license, express consent, valid defence or fair use exemption to do so; an
must ensure that the content you upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights).
Section 7 : Disclaimers
Epic TKT does not promise that the Epic TKT platform will be error-free, uninterrupted, nor that it will provide specific results from use of the Epic TKT platform or any content, search or link on it.
The Epic TKT platform and its content are delivered on an “as-is” and “as-available” basis.
Epic TKT can not ensure that files you download from the Epic TKT platform will be free of viruses or contamination or destructive features although Epic TKT will take steps consistent with industry practice to protect against this occurring.
Epic TKT does not by these Terms exclude any rights and remedies in respect of goods or services under the Trade Practices Act 1974 (Cth) or equivalent state or territory legislation which cannot be excluded, restricted or modified. However, Epic TKT excludes all rights, remedies, conditions and warranties in respect of goods or services from your use of this site and the Epic TKT platform whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible, the following paragraphs of this clause 7 will apply.
Epic TKT will not be liable for any damages of any kind arising from the use of the Epic TKT platform, including without limitation, direct, indirect, incidental, and punitive and consequential damages.
Epic TKT makes no guarantee of any specific result from use of the Epic TKT platform or use of the Epic TKT service.
Epic TKT disclaims any and all liability for the acts, omissions and conduct of any third party users, Epic TKT users, advertisers and/or sponsors on the Epic TKT platform, in connection with the Epic TKT service or otherwise related to your use of the Epic TKT platform and/or the Epic TKT service. Epic TKT is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Epic TKT platform.
Without limiting the other provisions of this clause 7, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Epic TKT platform to Epic TKT at hi@Epic TKT.com. Epic TKT may investigate the claim and take appropriate action, in its sole discretion.
Section 8 : Payment Methods
Epic TKT processes your credit card depending upon the methods accepted by the EVENT ORGANISER which may include: Visa, MasterCard, American Express. At no stage does your entire credit card number get collected or stored in Our system. The only parties to receive the entire card number are Our bank and the Payment Gateway. If you are concerned about using your credit card online please contact us for assistance.
Payment Plans
If you select a payment plan during checkout, your tickets will be reserved at the time of purchase. We will charge your credit card at the time of purchase and again automatically on all dates designated in your payment plan. Once your account is paid in full, your tickets will be delivered. If we are unable to process any scheduled payment, we will contact you to update your payment information. If you do not complete your payments as planned, your order may be subject to cancellation, and you will forfeit any payments. This decision is left to the discretion of the event organizer. Please note that if the order is canceled, you will lose your ticket reservation, and the tickets will be returned to the inventory for another customer to purchase.
Section 9 : Limits On Tickets Purchases Per Customer
When purchasing tickets on Epic TKT, you are limited to a maximum of 10 tickets for each event unless the EVENT ORGANISER has authorised such purchases in its terms and conditions. If you try to circumvent the Epic TKT platforms to purchase more than 10 tickets the EVENT ORGANISER may at its discretion cancel additional bookings. This limitation has been designed to prevent unfair buying practices at popular events and make sure everyone gets a fair chance of attending the event. The reselling of tickets is strictly prohibited by non-authorised re-sellers, tickets found to be re-sold maybe voided and canceled at Epic TKT’s discretion.
Section 10 : Section 10 : Pricing And Ticket Availability
Epic TKT sells tickets on behalf of EVENT ORGANISERS which means Epic TKT does not determine the ticket prices, booking fees, postage and handling fees (if posted tickets are an option) or the seating selections.
Ticket inventory is the responsibility of the EVENT ORGANISER. Given inventory set by the EVENT ORGANISER, popular events may sell out quickly. Occasionally, additional tickets may be available in addition to inventory using Epic TKT set by the EVENT ORGANISER, however the EVENT ORGANISER controls this inventory and its availability.
Section 11 : Credit Card Purchases – Proof Of Identity
In rare cases Epic TKT and/or our partners may request that a ticket holder present the credit card used when purchasing tickets in order to gain admittance to the event, or prior to the event for fraud preventative measures.
If you are unable to present the credit card used to purchase tickets and a picture identification (which must match each other and must match the name under which the booking was made) Epic TKT may at it’s discretion cancel any tickets under the booking and refuse entry into the event.
Section 12 : Licensed Venues – Proof Of Identity
In Australia, Epic TKT sometimes sells tickets for events at licensed venues, and these venues require a valid driver’s license, passport or proof of age to prove you are over 18 years of age. You may need to present this proof at the event venue to obtain admission.
Section 13 : Delivery Of Tickets
Through the Epic TKT platform the EVENT ORGANISER may elect to offer one or more of the following delivery options for your ticket order. The proof of identity requirements set out in clauses 12 and 13 will apply regardless of the delivery of ticket method used.
By “email / e-ticket” option: The Epic TKT platform provides an opportunity for you to provide your email address and will attempt to deliver your e-ticket by email to that email address. If you do not receive your e-ticket then please contact Epic TKT by email [email protected] at least 48 hours before the scheduled event.
By “at the door” option: Tickets delivered through “at the door” delivery option are typically available one hour prior to the event start time at the location set by the EVENT ORGANISER.
By “Post” or “Registered Post” option: Please ensure you supply the correct billing and credit card account information for ticket orders as incorrect details will delay processing and delivery. Epic TKT and EVENT ORGANISER do not post to PO Boxes.
Delivery of tickets are the responsibility of the EVENT ORGANISER, unless Epic TKT has undertaken to provide this service to the EVENT ORGANISER. If you have selected delivery through the mail, please allow at least 10 working days after your order is made to receive your tickets from the EVENT ORGANISER unless the EVENT ORGANISER has provided express delivery options. If you have not received your tickets within 48 hours of the event, please contact the EVENT ORGANISER via the phone number or email address supplied on the EVENT ORGANISER Epic TKT event page or contact Epic TKT at hi@Epic TKT.com.
All purchases are charged to your credit card at the time of purchase, not at the time of entry to the event.
Section 14 : Cancelled Events
Occasionally, events are cancelled or postponed by the EVENT ORGANISER due to weather conditions or situations affecting the staff or audience. When this occurs, the EVENT ORGANISER will make every effort to ensure you receive a prompt refund and/or exchange if applicable.
If an event is cancelled or postponed, refunds will be determined by the EVENT ORGANISER. To find out about the refund availability and process:
you will be notified by email if you have opted in to receive email updates; or
you can review notices posted on the EVENT ORGANISER’s website or contact the EVENT ORGANISER via the email address supplied on the EVENT ORGANISER’s Epic TKT listing.
If the event was moved or rescheduled, the EVENT ORGANISER may set refund limitations. Contact the EVENT ORGANISER for exact instructions.
If a refund has been confirmed by Epic TKT then the following refund method applies:
If you booked online or by phone using a credit card, Epic TKT will automatically refund to the credit card used for purchase within 14 days of notifying you that a refund for this event applies.
If you booked in an authorised Epic TKT retail outlet, please return to the same outlet you purchased from and take along with you your Epic TKT receipt to obtain a full refund within 90 days of the event cancellation. You will be asked to sign for your refund. If you are genuinely unable to return to the store for a refund, please contact hi@Epic TKT.com providing details of the event and point of purchase and any other information as reasonably required to allow Epic TKT to arrange a refund. Note that any refunds conducted through this method will take significantly longer than refunds conducted through the retail outlet.
If you purchased the ticket(s) independently of the Epic TKT platform, you will need to return the tickets directly to the place where you purchased the tickets.
Exchanges And Refunds
Before purchasing tickets, carefully review your event and ticket selection. NO REFUND OR EXCHANGE ON ANY TICKET will be given or service fee except during cancellation or rescheduling, or relocation of an event by the seller, or circumstances required by Live Performance Australia code of practice for Event Ticketing (www.liveperformance.com.au) given that the customer has requested the refund within a reasonable time and provide valid proof of purchase. Refund liability is limited to the total amount of the ticket purchase (including any fees or charges). The seller is not liable for expenses incurred as a result of the cancellation.
Epic TKT cannot offer you a refund if you can no longer attend an event or any personal circumstances, however you may give your tickets to another person to use.
Name changes policies may vary on an event basis. Please check specific event terms of service regarding name changes.
Epic TKT will not replace lost, stolen or damaged hard copy tickets. Lost e-tickets can be re-issued to owners to the initial email address used to purchase the tickets minimum 48 hours prior the event.
Other Items
EVENT ORGANISERS may reserve the right of:
Admission to events, latecomers may not be admitted until a suitable break.
To change/withdraw advertised artists, programs or seating without notice.
EVENT ORGANISERS may also append the Epic TKT terms and conditions and these additional terms are displayed and agreed to by the purchaser during the booking process.
Terms of Service (Sellers, AU)
Construction of Agreement
This document sets out Epic TKT’s standard Sellers Terms of Service (“Sellers Terms of Service”), which are incorporated in, and should be read in conjunction with, the Event Build Form and the Ticketing Agreement.
Definitions and Interpretation
The Dictionary in clause 22 defines some of the terms used in this Agreement and sets out the rules of interpretation which apply to this Agreement.
The Seller grants to Epic TKT the right to supply, during the Term, the Epic TKT Services in respect of the Event, on the terms and conditions of this Agreement.
This Agreement commences on the Commencement Date and ends on the latter of either the Expiry Date or after all Seller’s events on the Epic TKT platform have been completed and settled unless terminated earlier under clause 12.
Epic TKT must supply to the Seller the Epic TKT Services in respect of the Event in accordance with this Agreement.
General
The Seller is solely responsible for performing, at its cost, its obligations under this clause 5.
Information Relating to the Event
The Seller must:
Use and promotion of Epic TKT Services
The Seller must:
Point Of Sale (“Box Office”)
Ownership and removal of the Epic TKT Hardware and Software
At all times, the Epic TKT Hardware and Software remain the sole property of Epic TKT. At the end of the Event, Epic TKT may remove the Epic TKT Hardware and Software in accordance with clause 12.
Use of the Epic TKT Hardware and Software
At all times, the Epic TKT Hardware and Software remain the sole property of Epic TKT. At the end of the Event, Epic TKT may remove the Epic TKT Hardware and Software in accordance with clause 12.
Loss or Damage to Epic TKT Hardware and Software
If any part of the Epic TKT Hardware and Software is damaged (other than by Epic TKT or its Personnel or through fair wear and tear or any latent defect), the Seller must pay Epic TKT the cost of restoring or replacing the Epic TKT Hardware and Software to at least the same condition as it was before the damage occurred. The Seller must apply any money received under any insurance or from any third party in connection with such damage in satisfying its obligations under this clause.
Processing
Payments relating to the service are processed via one of the following options to be agreed upon between Epic TKT and the Seller:
Third-Party Merchant Accounts
If the Seller elects to use a Third Party Merchant Account as its payment option, it should familiarise itself with the applicable terms of use governing that service.
What Epic TKT will charge Purchasers
By default, Epic TKT will charge Purchasers a “booking fee” that covers the “Epic TKT Platform Fee” charged by Epic TKT to the Seller under its Ticketing Agreement.
Subject to the clause below (Payment processing fees), Epic TKT, at Seller’s request, can add additional charges or a reduced fee which will be added or deducted from ticket receipts accordingly.
Payment processing fees
Except with the prior written consent from Epic TKT, Seller must not, and must not attempt to, charge Purchasers any additional fee or surcharge on credit or debit card payments for Tickets. If the Seller breaches this clause, Epic TKT may, at its election, suspend or permanently remove the relevant Event for which those fees or surcharges are being charged from the Epic TKT platform.
Settlement
Subject to clauses 8 and 9, on the Settlement Days in respect of the Event, Epic TKT must pay the Seller the proceeds of Tickets to the Event sold through the System and received by Epic TKT less any amount Epic TKT is entitled to deduct under clause 8.
Additional Fees Epic TKT will charge the Seller.
Where applicable, Epic TKT will charge the Seller the Fees set out in Epic TKT’s fee schedule in the Ticketing Agreement as amended from time to time. These amounts relate to optional services which the Seller may elect to utilise, for example, the printing of hard tickets for the Event.
Payment of Ticket proceeds
The Seller has two options in relation to the payment of the Ticket proceeds for the Event:
Deduction of Amounts Owing
The Seller irrevocably authorises Epic TKT to deduct from amounts payable by it to the Seller under this clause 8 or otherwise, and to apply to its own account, in and towards satisfaction of all Charges in respect of the Event and any other amounts which are or may become due by the Seller to Epic TKT.
Payment by Partner of Other Amounts Owing
The Seller must pay to Epic TKT all Charges and other amounts owing under this Agreement but not deducted under clause 8 within 7 days after Epic TKT issues an invoice to the Seller in respect of the amount due.
Chargebacks
Any credit card chargebacks or reversals received by Epic TKT will be charged to the Seller, including any fees charged to Epic TKT by third parties regarding the chargeback.
Third-Party claims against Epic TKT.
If, in Epic TKT’s reasonable opinion, it is likely that a Claim by a party other than the Seller will be made against it arising from the Event (including any cancellation of the Event):
Title in Ticket Proceeds
Property in all proceeds from the sale of all Tickets sold via Epic TKT Merchant vests legally in Epic TKT at the time of purchase. Epic TKT holds all monies payable to the Seller from the proceeds of the sale of Tickets on trust at all times for the Seller.
Default and Consequences of Default
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half per cent (2.5%) per calendar month (and at Epic TKT’s sole discretion, such interest shall compound monthly at such a rate) after as well as before any judgment.
Manner and Currency of Payments
All amounts payable under this Agreement must be paid by electronic transfer in Australian dollars. Epic TKT is not obliged to accept any currency for Ticket sales other than Australian dollars.
Cancellation
If the Event or part of a series of performances comprising the Event is cancelled or postponed, the Seller must notify Epic TKT immediately to prevent the further sale or issue of Tickets for the cancelled or postponed Event.
If A Refund Is Payable
Unless otherwise set out in this Agreement, the Seller is responsible for refunding purchasers of Tickets in accordance with all applicable laws, industry codes, the Epic TKT terms and conditions of sale and any other lawful terms and conditions of sale notified to purchasers of Tickets by the Seller during the purchase process. Epic TKT will not be responsible or liable for any refunds, errors in issuing refunds or lack of refunds by the Seller.
When Epic TKT is responsible for refunds
Epic TKT will only be responsible for refunding purchasers of Tickets who purchased their Tickets via the Epic TKT Service in the limited circumstance where the Epic TKT Gateway has processed payments. After settlement of Ticket proceeds has occurred, Seller shall provide Epic TKT sufficient funds to make refunds immediately upon notice thereof. Failure to comply with clause 9 shall entitle Epic TKT to enforce default interest and contract default fees in accordance with clause 8.
Cancellation Fee
The Seller agrees to pay Epic TKT for the cancellation of the Event the Cancellation Fee, which Epic TKT shall be entitled to retain in all circumstances.
Notification
Important note re Events cancelled or postponed due to COVID circumstances.
Any tickets for Events listed (launched for sale) after 27/10/2020 that are postponed or cancelled due to any circumstances relating to COVID, including any change in event restrictions, will still attract Epic TKT fees.
The Seller warrants to Epic TKT that:
Each party represents and warrants to each other party:
Indemnity
Epic TKT excludes, to the maximum extent permitted by law, all express or implied guarantees, warranties, representations or other terms and conditions relating to this Agreement or its subject matter not contained in this Agreement. Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law, which contains guarantees that protect purchasers of goods and services in certain circumstances.
If any guarantee, condition, term or warranty is implied or imposed in relation to this Agreement by applicable law (including the Australian Consumer Law) and cannot be excluded, restricted or modified (Non-Excludable Provision), and Epic TKT can limit the Seller’s remedy for a breach of the Non-Excludable Provision, then Epic TKT’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at Epic TKT’s option:
The limitation in this clause and the relevant exclusion does not apply in relation to liability:
Subject to Epic TKT’s obligations under the Non-Excludable Provisions, Epic TKT’s liability for Consequential Loss is excluded.
For the purposes of this clause 11, Consequential Loss means any special, indirect, consequential or punitive loss or damage. For clarity, this does not include loss or damage which may fairly and reasonably be considered to arise naturally from the usual course of things, from the breach or other act or omission in question (the remedy for which loss or damage is limited as described in clause 11.
Epic TKT cannot guarantee that the Site will be error-free and uninterrupted, nor that it will provide specific results from the 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.
Epic TKT may terminate this Agreement and the Seller’s use of the Epic TKT Service immediately if:
Effect of Termination
Termination of this Agreement is without prejudice to a party’s accrued rights and obligations and any provisions intended by their nature to survive termination.
Removal of Epic TKT Hardware and Software
At the end of the Event, the Seller must permit Epic TKT to enter the Box Office to remove all Epic TKT Hardware and Software, Ticket stock, advertising and other property of Epic TKT.
Force Majeure
Each party is excused from performing its obligations under this Agreement to the extent that it is prevented, hindered or delayed in performing such obligations because of any cause beyond its reasonable control that it cannot overcome by reasonable measures.
Notice
As soon as practicable after an event referred to in this clause occurs, the party affected must notify the other party of the nature and extent of the event.
Subcontracting and delegation
Epic TKT may subcontract or delegate any of its rights or obligations under this Agreement in its discretion, provided that such subcontracting or delegation will not relieve Epic TKT of its obligations under this Agreement.
Information confidential
All information that a party obtains or of which it is or becomes aware relating to the management, profitability, operation, and the business dealings, arrangements and understandings between either of the parties and each other or either of the parties and Venues or other persons in respect of the Event must be held and maintained by such a party in strict confidence.
Information remains confidential
Each party must use its best endeavours to ensure that the information set out in clause 15 remains confidential and is not transmitted or disclosed to any person except to the extent necessary to enable each party to perform and observe the obligations and conditions arising from this Agreement and that upon the Expiry Date or the earlier termination of this Agreement, each party must deliver up to the other or cause to be destroyed, the information in that party’s possession provided by the other party.
Disclosure of information
The parties shall not disclose any information of the other party which is confidential to any person without the consent of the other parties (which shall not be unreasonably withheld) always provided that such obligation shall not apply to:
GST Inclusive
Unless otherwise specified, all amounts expressed in this Agreement include GST. GST will be payable simultaneously as the consideration to which it relates.
Tax invoices
Epic TKT will issue tax invoices for any supplies made by Epic TKT pursuant to this Agreement.
Tax
Subject to clause 16, each party must pay any Tax incurred by that party which arises from signing, delivering and performing this Agreement.
Costs and expenses
Each party must pay its own costs and expenses of negotiating, preparing, signing, delivering, stamping, registering and performing this Agreement and any other Agreement or document entered or signed under it.
Payment of Tax
Seller is solely responsible for determining which, if any, sales, use, amusement, value-added, goods and services, consumption, excise and other taxes, duties, levies and charges (collectively, “Taxes”) apply to the use of the Services and in doing so agree that it is their sole responsibility to, and that they will, collect, remit and report the correct amounts of all such Taxes to the applicable governmental authorities. If Seller does collect Taxes on the Services, those Taxes will be treated like Additional Event Fees, and Epic TKT will pay such amounts to you simultaneously as the underlying Ticket Receipts.
Epic TKT cannot give you legal or tax advice, so please check with your tax advisor about applicable Taxes. If a governmental authority requires Epic TKT to pay any Taxes attributable to your use of the Services, you agree to promptly and fully reimburse Epic TKT for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.
Additionally, if a governmental authority requires Epic TKT to provide proof that Taxes attributable to your use of the Services were collected, remitted, and reported to the respective government authority, you agree to promptly furnish the requested proof upon Epic TKT’s request within five (5) days of the request.
The Seller appoints Epic TKT as its agent to sell Tickets for Seller Event/s through the Network. The Seller acknowledges that:
The Seller acknowledges that this Agreement is an arms-length commercial contract that sets out in full Epic TKT’s duties and obligations as an agent. The Seller irrevocably and unconditionally releases Epic TKT from any further duties or obligations which may be implied at law. This Agreement does not create a fiduciary relationship or a relationship of employment or Sellership between the parties or an agency in which Epic TKT is the principal.
Epic TKT and Seller must act in good faith in respect of this Agreement. Neither Epic TKT nor the Seller may do anything that will circumvent this Agreement’s operation or deprive either Epic TKT or the Seller of its rights under this Agreement.
By entering into this Agreement, the Seller agrees to the terms of Epic TKT’s Privacy Policy. Epic TKT may collect and use the personal information of Purchasers of Tickets in accordance with its Privacy Policy in place from time to time.
Epic TKT may collect and use the personal information of purchasers of Tickets. Each party agrees to comply at all times with all relevant laws with respect to the collection and use of such information.
Payment Card Industry Data Security
The Seller acknowledges that Epic TKT must comply with the Payment Card Industry Data Security Standards (PCI Data Security Standards).
The Seller will use reasonable commercial endeavours to adhere to and comply with the PCI Data Security Standards.
The Seller acknowledges that it is responsible for the security of cardholder data of Customers that the Seller possesses or otherwise stores, processes, or transmits on behalf of Epic TKT, or to the extent that they could impact the security of the Customer’s Cardholder Data Environment (as defined by the PCI Data Security Standards).
Notices
Any notice or other communication given under this Agreement including, but not limited to, a request, demand, consent or approval, to or by a party to this Agreement: Must be in legible writing in English and emailed to [email protected]
Invalidity
If a provision of this Agreement or a right or remedy of a party under this Agreement is invalid or unenforceable in a particular jurisdiction:
Amendments and Waivers
Cumulative Rights
The rights and remedies of a party under this Agreement do not exclude any other right or remedy provided by law.
Non-Merger
No provision of this Agreement merges with the completion or termination of this Agreement.
Continuing indemnities and survival of indemnities
Each indemnity contained in this Agreement is a continuing obligation despite a settlement of account or the occurrence of any other thing and remains fully effective until all money owing, contingently or otherwise, under an indemnity has been paid in full. Each indemnity is an additional, separate and independent obligation, and no one indemnity limits the generality of another indemnity. Each indemnity survives termination of this Agreement.
Further assurances
Each party must do all things necessary to give full effect to this Agreement and the transactions contemplated by this Agreement.
Entire agreement
This Agreement supersedes all previous Agreements about its subject matter and embodies the entire Agreement between the parties. The Seller acknowledges that no representations or warranties in connection with the Epic TKT Services have been made by Epic TKT or anyone on behalf of Epic TKT other than as set out in this Agreement.
Specific performance
The Seller acknowledges that monetary damages alone would not be adequate compensation to Epic TKT for the Seller’s breach of its obligations under this Agreement and that specific performance of those obligations is an appropriate remedy, particularly having regard to the unique nature of the rights granted to Epic TKT under this Agreement.
Third-party rights
Only Epic TKT and the Seller has or is intended to have a right or remedy under this Agreement or obtain a benefit.
Legal Advice
The parties acknowledge that they have received legal advice about this Agreement or have had the opportunity to receive legal advice about it.
Counterparts
This Agreement may be signed in any number of counterparts, and all those counterparts together make one instrument.
Governing law and Jurisdiction
The laws of Queensland govern this Agreement. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland and waives any claim or objection based on absence of jurisdiction or inconvenient forum or immunity in relation to this Agreement in any jurisdiction for any reason.s
Debiting your account
In the event that the net activity in your account on a day is negative, or Epic TKT needs you to fund your account for any other reason relating to the Epic TKT Seller Agreement, you authorise and request Epic TKT to debit your Bank Account by using the Bulk Electronic Clearing System (BECS).
Transfers to your Bank Account will come from Ezidebit and the timing of the transfers will be at Epic TKT’s discretion.
Inquiries, Errors, and Disputes
If you believe there has been an error in debiting your account, you should notify us. You can also notify your bank. If there has been an error, we’ll arrange with your bank to adjust your account and we’ll notify you of the amount of the adjustment. If we don’t find an error, we’ll respond to your query with evidence of the correctness of the transfer.
22.Definitions
In these Sellers Terms of Service:
Adverse publicity means the reporting of Epic TKT during “the term” in local, regional or national media (including but not limited to social media, radio, television, newspapers, magazines or the internet) or any governmental publication in which Epic TKT or it’s products are specifically named in a negative fashion.
Agreement means the terms to which the Seller has agreed to in order to use the Epic TKT system, which could be by contractual Agreement, self sign up or an Event Build form.
Box Office means the area at a Venue used to stock and sell Tickets.
Business Day means a day on which banks are open for business in Sydney excluding a Saturday, Sunday or public holiday.
Cancellation Fee means the amount Epic TKT may retain upon cancellation of an Event, as set out in the Ticketing Agreement, which will not exceed the total amount of “booking fees” that Epic TKT would have received under the Ticketing Agreement had the Event not been cancelled. If no Cancellation Fee is set out in the Ticketing Agreement, the Cancellation Fee will be the total amount of “booking fees” that Epic TKT would have received under the Ticketing Agreement had the Event not been cancelled.
Claim means any demand, action, proceeding, cost or expense.
Commencement Date means the date specified in the Event Build Form.
Complimentary Tickets means complimentary Tickets, house Tickets and promoter’s Tickets and other “mass pull” Tickets (as those terms are commonly understood in the entertainment industry and ticketing business) for the Event.
Consignment Tickets means Tickets to the Event that are sold or distributed other than by Epic TKT under this Agreement.
Customer refers to a person who transacts with Seller via the Epic TKT platform and includes purchasing Tickets or Products, registration, subscribing or joining a waitlist for Tickets.
Event means the events described in the Event Build Form or built into the Epic TKT system, for which Customers will register or purchase tickets to attend.
Expiry Date means the date specified in the Ticketing Agreement.
GST means goods and services tax payable under the A New Tax System (Goods and Services Tax) Act 1999 and the related transition and imposition Acts (GST Law).
Insolvency Event means in the case of a corporation any of the following:
Loss means any loss, cost, expense or liability.
Network means all facilities, systems, channels, contractors and agents which Epic TKT, in its discretion, uses from time to time to advertise, sell, distribute or otherwise supply Tickets (howsoever owned, operated or branded), and which may include the internet, social media, call centres and sales agents.
Seller means the Partner or Seller entity or Person specified in the Ticketing Agreement, Get Started form or Event Build Form.
Personnel means, in respect of a party, its employees, agents, contractors and invitees.
Point of Sale (Box Office) refers to the Box Office interface in the Epic TKT system through which Point of Sale transactions are processed.
Purchaser means a person who purchases or obtains a Ticket to the Seller’s Event through the Site or the Service;
Refund means repayment of a sum of money back to the Customer.
Review Date means the Expiry Date of this Agreement.
Seller means the organisation using the Epic TKT system.
Settlement Day means, in respect of the Event, the days specified as the “Settlement Days” in the Ticketing Agreement.
Site means the website at www.Epic TKT.com.au or events.Epic TKT.com.au
System means the computerised booking system used by Epic TKT from time to time for the sale or other issue of Tickets to Event.
Tax means a tax, levy, charge, impost, fee, deduction, withholding or duty of any nature, including stamp and transaction duty which is imposed or collected by a government agency and includes, but is not limited to, any interest, fine, penalty, charge, fee or other amount imposed in addition to those amounts but excluding any GST.
Term means the period specified in clause 3.
Ticket means any ticket or voucher (whether paper based, electronic or otherwise) for the admission of persons to the Event, or to the Venue.
Ticketing Agreement means the Agreement between Epic TKT and Seller accompanying these Sellers Terms of Services and to which these Sellers Terms of Service are incorporated.
Epic TKT Hardware and Software means the hardware and software (if any) to be installed by Epic TKT at the Venue or Event/s and listed in the Ticketing Agreement.
Epic TKT Services means:
Third Party Merchant Account has the meaning given to that term in clause 10 of these Sellers Terms of Service.
Trademark means, in respect of a party, each trademark which the party from time to time owns is licensed to use.
Venue means any location where an Event is set up in the Epic TKT system for Customers to register or purchase Tickets to attend.