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)

  1. Definitions and Interpretation

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.

  1. Engagement

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.

  1. Term

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.

  1. Epic TKT’s Obligations

Epic TKT must supply to the Seller the Epic TKT Services in respect of the Event in accordance with this Agreement.

  1. Seller’s Obligations

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:

  • Provide information: at the earliest practicable time (and in any case no less than 10 Business Days before the day on which Epic TKT is directed to commence selling the Tickets for the particular Event), notify Epic TKT in writing of all information relating to the Event to which Tickets are to be made available through the System;
  • Ensure information complete: Use reasonable endeavours to ensure that all information it gives to Epic TKT relating to the Event and each Venue is accurate and complete; and
  • Notify alterations: If the Seller receives or becomes aware of any alterations to the information in paragraph (i) or (ii), immediately notify Epic TKT.
  • Ticket allocation: Accurately maintain the number of Tickets available for sale or issue via the Epic TKT Service for the Event and bear full responsibility for any Losses or Claims due to over-selling or over-issuing of Tickets to the Event;
  • Use of Epic TKT Service: only use the Epic TKT Service for lawful purposes and only to create an Event page for its Event/s and sell/issue Tickets to that Event and/or any Products related to those Events;
  • Disruption of Epic TKT Service: not engage in any activity which interrupts or affects the Service;
  • Follow reasonable directions: follow any reasonable directions from Epic TKT in relation to its use of the Epic TKT Service;
  • Comply with Epic TKT policies and procedures: comply with all reasonable rules, policies and procedures which may be published in Standard Terms.
  • Comply with laws: Comply with all applicable laws and regulations in relation to Tickets, the Event and this Agreement;
  • Communicate: Ensure that its refund policy and any terms and conditions (which are in addition to the standard Epic TKT Terms and Conditions of Sale) governing its Event and Tickets are communicated to Purchasers before purchase;
  • Donations: If Seller accepts donations in relation to Tickets or the Event and makes representations that the donation is deductible for income tax purposes, ensure that it is registered as a deductible gift recipient, provide accurate information to Purchasers of Tickets in relation to the deductibility of donations and provide receipts to Purchasers which comply with all relevant legal requirements. For the avoidance of doubt, no part of the Ticket price shall constitute a donation, and Epic TKT is not responsible for any donation amounts received by it in relation to the Event;
  • Notification: Notify Purchasers of Tickets if the Event is cancelled, altered, relocated, rescheduled or postponed;
  • Provide Refunds: Where required, provide refunds to Purchasers in accordance with clause 9 of this Agreement;
  • Bank Account Details: If it is not using its own Third Party Merchant Account to receive Ticket proceeds, provide Epic TKT with valid bank account details for receipt of Ticket proceeds;
  • Advertising: Ensure that any advertising in relation to the Event and Tickets is accurate and not misleading;
  • Privacy and Spam Laws: Comply with all applicable privacy and spam laws about any Purchaser information (including name, address, mobile number and email address) it obtains via Epic TKT or the Service;
  • Third Party Rights: If it submits content to the Site or Epic TKT Service, whether articles, images or other copyrightable material, ensure that the content it uploads does not infringe the copyright or other rights (including intellectual property rights) of third parties.

Use and promotion of Epic TKT Services

The Seller must:

  • Use of Epic TKT Services: Only use the Epic TKT Services for lawful purposes and follow any reasonable directions from Epic TKT in relation to the use of the Epic TKT Services;
  • Reasonable Assistance: Provide all assistance reasonably requested by Epic TKT to enable it to provide the Epic TKT Services in accordance with this Agreement;
  • Promote the Network: Include in its advertising of Event references to Epic TKT and the Network;
  • Ticket Stock: Not supply or use any Ticket stock in respect of the Event other than Ticket stock produced by Epic TKT for use with the System; and
  • Consignment and Complimentary Tickets: Not sell or permit to be sold any Consignment Tickets and/or Complimentary Tickets in respect of the Event without Epic TKT’s prior consent.

Point Of Sale (“Box Office”)

  • Provide space: Cause a sufficient area at each venue to be allocated for use as a Box Office, including adequate space for a public counter and telephone lines;
  • Provide fittings and security: Provide adequate and safe fittings, air-conditioning, lighting, furnishings (including counter and seats) and adequate security devices to secure the Box Office, the Epic TKT Hardware and Software, all Tickets and all Ticket proceeds and credit card dockets;
  • Protect Epic TKT Hardware and Software: Not permit any person to access or use any part of the Epic TKT Hardware and Software other than the Seller’s employees who have been approved in writing by Epic TKT or other persons authorised in writing by Epic TKT;
  • Provide public access: Ensure that the public has access to the customer counters and customer waiting areas in the vicinity of the Box Office during Box Office opening hours, including appropriate space for, and management of, queues to the Box Office;
  • Insure: take out and maintain at all times during the term adequate insurances in respect of the Box Office (including the Epic TKT Hardware and Software) against loss, theft and damage and injury or death to persons;
  • And Pay Costs: Except as expressly set out in this Agreement, pay all costs associated with the Box Office, including all necessary electricity, telephone charges and regular cleaning costs.
  • Access to Venue: The Seller will procure access for Epic TKT and its Personnel during regular business hours the right of ingress and egress to or from the Box Office and other areas of a Venue as it reasonably requires to perform its obligations under this Agreement.
  1. Epic TKT Hardware and Software

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.

  1. Only use with the System: The Epic TKT Hardware and Software is only used for the sale of Tickets to Event using the System and for no other purpose; Ensure information is complete: Use reasonable endeavours to ensure that all information it gives to Epic TKT relating to the Event and each Venue is accurate and complete; and
  2. Use Properly: The Epic TKT Software is used and operated in a proper and skilful manner using only competent and appropriately trained and qualified personnel in compliance with any reasonable operating manual or specification which Epic TKT provides from time to time;
  3. And not encumber, move or modify: The Epic TKT Software is not encumbered, moved or modified without Epic TKT’s prior written consent; such consent is not to be unreasonably withheld or delayed.

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.

  1. Payments

Processing

Payments relating to the service are  processed via one of the following options to be agreed upon between Epic TKT and the Seller:

  1. The Epic TKT payment processing gateway (“Epic TKT Gateway”); or
  2. A third party merchant account (“Third Party Merchant Account”) (such as Stripe, Paypal, Payflow), which will require a direct debit arrangement to be established between the Seller and Epic TKT;

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.

  1. Fees, Charges and Settlement

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:

  1. Epic TKT Gateway: If the Seller elects to use the Epic TKT Gateway for payment processing, subject to clauses 8 and 9, on the Settlement Day, Epic TKT must pay into the Seller’s nominated account the proceeds of Tickets to the Event(s) sold through the Epic TKT Service and received by Epic TKT less any amount Epic TKT is entitled to deduct under clause 8.
  2. Third-Party Merchant Account: If Epic TKT provides consent to the Seller to use a Third Party Merchant Account for payment processing, it will be responsible for collecting all proceeds from the sale of Tickets via the Epic TKT Service, and Epic TKT will deduct its Fees and any other amounts payable by the Seller to Epic TKT under this Agreement or otherwise in accordance with the direct debit Agreement in place between the Seller and Epic TKT.

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.

  1. In the event of cancelled or rescheduled events, chargebacks disputed transactions or any other circumstances that may pose significant exposure, risk, or liability to Epic TKT, Epic TKT reserves the right to hold any amount of Settlement funds for a period of ninety (90) days. If Settlements are insufficient, Seller shall provide Epic TKT sufficient funds to make refunds immediately upon notice thereof. Failure to comply with clause 8 shall entitle Epic TKT to enforce default interest and contract default fees in accordance with clause 8.
  2. The Seller authorises Epic TKT to directly debit the nominated settlement account for up to 90 days for any chargebacks or disputes received by Epic TKT concerning Seller’s events.

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):

  1. Epic TKT will consult in good faith with the Seller before taking any further action, including, where appropriate, consultation at a CEO level;
  2. The Seller authorises Epic TKT to retain a reasonable proportion of the Ticket proceeds (such proportion to be determined by the parties acting reasonably);
  3. If the Claim is settled or resolved by the final determination of a court, Epic TKT may apply for those monies in full or partial satisfaction of any liability which the Seller has to Epic TKT in respect of the Event;
  4. If a court determines that the Seller has no liability either to Epic TKT or to the purchaser of any Tickets, Epic TKT will release to the Seller the Ticket proceeds that it retained pursuant to clause 8.

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.

  1. If the Seller owes Epic TKT any money, the Seller shall indemnify Epic TKT from and against all costs and disbursements incurred by Epic TKT in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Epic TKT’s contract default fees, and bank dishonour fees).
  2. Without prejudice to any other remedies Epic TKT may have if the Seller is in breach of any obligation (including those relating to payment) under these terms and conditions, Epic TKT may suspend or terminate the supply of Services to the Seller. Epic TKT will not be liable to the Seller for any loss or damage the Seller suffers because Epic TKT has exercised its rights under this clause.

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.

  1. Cancellation of Events

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

  1. Epic TKT will notify purchasers of Tickets of any cancellations or postponements of the Event via email at its cost. If purchasers of Tickets do not provide a valid email address, Epic TKT will bear no responsibility to notify such purchasers of a cancellation or postponement of the Event.
  2. If Epic TKT is required to notify purchasers of Tickets of a postponement or cancellation of the Event, otherwise than as contemplated under clause 9, the Seller must reimburse Epic TKT the costs and expenses incurred by Epic TKT in giving such notice.

 

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.

  1. Representations, Warranties and Indemnities

The Seller warrants to Epic TKT that:

  • The entering into and performance of this Agreement will not result in any breach of, or constitute a default under, any other Agreement to which it is a party, including any Agreement for the sale or other issue of tickets for the Event or the Venue; and
  • The number of Tickets made available for sale or issue does not exceed legal, fire or council rules or regulations or other restrictions of the Venue or governmental agencies.

Each party represents and warrants to each other party:

  • It is duly incorporated and validly exists under the laws of the place of its incorporation;
  • It has the full corporate power to execute, deliver and perform its obligations under this Agreement; and
  • The execution, delivery and performance of this Agreement have been appropriately authorised by it.

Indemnity

  • The Seller indemnifies Epic TKT, it’s Affiliates, and their respective successors, assigns, officers, directors, employees and agents (“Epic TKT’s Indemnities”) against and hold harmless from, any and all claims, damages, actions, losses, liabilities, costs and expenses, foreseen or unforeseen, of any kind, including legal fees, imposed on, incurred by, or asserted against Epic TKT’s Indemnities occurring as a result of, or in connection with, a) any breach by the Seller of this Agreement, or b) any Event including but not limited to physical damage or personal harm incurred in connection therewith; c) any cancellation, postponement, rescheduling, or delay of an Event, d) Partner’s failure to allocate a sufficient number of Tickets for an Event, e) any use of the Epic TKT System, f) any use or attempted use by a Buyer of counterfeit Tickets, g) Partner’s use of any Buyer’s profile information or communication with any Buyer, h) Partner’s violation of applicable laws, rules, or regulations (including, without limitation, applicable data security or privacy laws, rules, or regulations), or i) any allegation that the Event or any portion thereof (or the streaming of the Event or any portion thereof by Epic TKT or any of Epic TKT’s Indemnities), infringes, misappropriates, or violates any third party’s intellectual property rights or any other alleged patent, trademark, or copyright infringement asserted against Epic TKT’s Indemnities with respect to the Event, except to the extent that any such claim under subsections a) through i) arises from or relates to Epic TKT’s gross negligence or willful misconduct with respect thereto. “Affiliate” means any person or entity controlling, controlled by, or under common control with a stated party.
  • The Seller indemnifies Epic TKT against any Loss (including legal fees and expenses) Epic TKT may incur, or be liable for, arising from or in connection with any failure by the Seller or its Personnel to comply with all legislation relating to the handling, treatment and use of Ticket purchaser information (including name, address, mobile phone number and email address) that it obtains via Epic TKT or the Epic TKT Service. The Seller understands that this indemnity extends to any Loss suffered by Epic TKT due to adverse publicity related to the breach of any legislation. To avoid doubt, the indemnity in clause 10 only applies to the extent that the indemnity is prohibited by law.
  1. Limitation of Liability

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:

  • In the case of services, the supplying of the services again, or the payment of the cost of having the services resupplied; and
  • In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired. This clause states, subject to Epic TKT’s obligations under the Non-Excludable Provisions and the maximum extent permitted by law, the entire aggregate liability of Epic TKT and exclusive remedy of the Seller (including for any loss or damage sustained by the Seller in connection with this Agreement, whether arising in contract, tort (including negligence), statute, equity or otherwise).

The limitation in this clause and the relevant exclusion does not apply in relation to liability:

  • for personal injury (including sickness or death);
  • for loss, damage to or loss of use of any real or personal property; or
  • for fraud, dishonesty or willful misconduct.

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.

  1. Epic TKT’s Right To Terminate

Epic TKT may terminate this Agreement and the Seller’s use of the Epic TKT Service immediately if:

  • An Insolvency Event occurs in relation to the Seller;
  • The Seller breaches any of its obligations under this Agreement; or
  • The Seller fails to pay any money due to Epic TKT when it falls due.
  • Epic TKT believes continuing the contract by hosting Seller’s events may damage Epic TKT’s brand.

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.

  1. Force Majeure

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.

  1. Subcontracting

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.

  1. Confidentiality

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:

  • Disclosures required by law or a requirement of any regulatory body court or tribunal; information which is in or comes into the public domain other than as a result of a breach of this Agreement; or
  • Disclosures to the financial accounting or legal advisers of the parties where reasonably required and provided appropriate confidentiality undertakings are obtained,
  • and no party shall use any such confidential information other than for the purpose it was provided to that party.
  1. Tax, Costs and Expenses

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.

  1. Relationship

The Seller appoints Epic TKT as its agent to sell Tickets for Seller Event/s through the Network. The Seller acknowledges that:

  • Epic TKT provides ticketing services to a range of Sellers, Venues and Event Organisers and has ongoing business dealings with other Sellers, Venues and Event Organisers;
  • this Agreement in no way restricts, and the Seller agrees not to interfere with, Epic TKT’s other business dealings; and
  • Epic TKT is not obliged to disclose to it the confidential information of another Seller.

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.

  1. Obligation to act in good faith

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.

  1. Privacy and use of Customer Data

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).

  1. General

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:

  • It is read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and
  • It does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.
  • Any other provision of this Agreement in relation to severability, invalidity or unenforceability does not limit this clause.

Amendments and Waivers

  • This Agreement may be amended only by a written document signed by the parties. A waiver of a provision of this Agreement or a right or remedy arising under this Agreement, including this clause, must be in writing and signed by the party granting the waiver.
  • A single or partial exercise of a right does not preclude a further exercise of that right or the exercise of another right. Failure by a party to exercise a right or delay in exercising that right does not prevent its exercise or operate as a waiver. A waiver is only effective in the specific instance and for the specific purpose, it is given.

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

  1. Direct Debit Request Service Agreement

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:

  • a liquidator or provisional liquidator is appointed;
  • an administrator is appointed;
  • a receiver or receiver and manager is appointed to the corporation and/or any of its assets; or
  • anything analogous to or of a similar effect to anything described above under the law of any relevant jurisdiction occurs in respect of any person.

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:

  • The ticketing and other services set out in the Ticketing Agreement.
  • Any good, service or system in respect of the Venue(s) or the Event which is the same as, or similar to, a good, service or system supplied by Epic TKT under this Agreement, and includes any service of, or system for, selling Tickets and any and all services available on or through the Site or otherwise provided by Epic TKT for the Seller’s Event.

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.

Events tickets platform made by event managers to event managers.

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