TERMS AND CONDITIONS OF SALE
CANBOOK.me provides venue operators and event managers ("Event Holders")
with a service which allows them to sell tickets ("Tickets")
to events held or managed by those Event Holders ("Events").
CANBOOK.me also provides the facility for Event Holders to sell
merchandise associated with their Events ("Merchandise")
and in the case of certain charitable Events, to solicit donations in
respect of those Events ("Donations").
CANBOOK.me will permit you, the customer, to place orders and pay for
orders for Tickets and Merchandise in respect of Events and in the case
of charitable Events, to pay Donations.
Your use of the Service (as described below) and your purchase of
Tickets, Merchandise or payment of Donations is governed by the terms
and conditions set out below ("this Agreement"). This
Agreement forms a binding legal agreement between you and CANBOOK.me. You
should read the terms and conditions of this Agreement carefully.
Without limiting the way in which you may be bound by this Agreement,
by signing a document agreeing to be bound by this Agreement, by
clicking a button on your computer screen including your acceptance of
this Agreement, or by proceeding to purchase any Tickets, Merchandise or
make Donations through the Service, you will be deemed to have accepted
and will be bound by the terms and conditions of this Agreement.
THE SERVICE
CANBOOK.me will provide you with the following ("Service"):
- A secure payment facility to enable you to pay for Tickets,
Merchandise and Donations for Events held by Event Holders.
- The provision of a receipt in respect of the payments you have
made.
- The supply and delivery to you of Tickets which you have purchased
if required. Such Tickets if required will be delivered in an
electronic format nominated by you at the time of purchase which will
be either to print the Ticket as displayed to you on screen, send you
an email containing the Ticket as an attachment or send your Ticket to
you as an SMS to your mobile phone. If CANBOOK.me is not supplying a
ticket for a particular event, then the Event Holder will be
responsible for supplying a ticket to you.
- In respect of certain Events, you may select particular seating for
that Event.
CANBOOK.me will not be responsible for the supply or delivery of
Merchandise to you. The Event Holder or its representatives are
responsible for supplying Merchandise to you.
The above Service constitutes CANBOOK.me's only obligations to you in
respect of the supply of Tickets, Merchandise or payment of Donations.
CANBOOK.me may refuse to sell or supply any Tickets or Merchandise to
you or process any payment of Donations made by you at any time in its
sole and absolute discretion including, without limitation, where you
use the Service in an illegal, fraudulent, offensive or unethical manner
or make any use of the Service which in CANBOOK.me's sole opinion is
likely to bring CANBOOK.me into disrepute or to impact the use of the
Service by CANBOOK.me's other customers.
CONDITIONS OF SALE
The following conditions apply to the sale of Tickets and Merchandise
and payment of Donations and also to your attendance at an Event:
- Tickets, Merchandise and Donations must be paid for by credit card
or other alternate payment methods offered by CANBOOK.me from time to
time. A purchase will not be processed unless you correctly provide all
information requested by CANBOOK.me at the time of purchase.
- In addition to the price you pay for Tickets, Merchandise or
Donations, you may be required to pay certain fees and charges which
CANBOOK.me imposes from time to time including, without limitation, any
booking fees or handling charges.
- GST and other taxes may apply to the sale/purchase/payment of
Tickets, Merchandise or Donations. Unless otherwise stated at the time
of payment, the prices of Tickets, Merchandise or Donations will be
inclusive of GST and other applicable taxes.
- There is no refund or exchange on any Donation, Ticket or
Merchandise except as required by law and as otherwise specified by the
Event Holder. If a refund is made, CANBOOK.me may, to the extent
permitted by law, retain any booking fee or other fees and charges
which CANBOOK.me has charged you.
- You acknowledge that the Event Holder may add, withdraw, reschedule
or substitute artists, acts, entertainment, and/or vary advertised
programs, prices, venues, seating arrangements and audience capacity.
- CANBOOK.me may charge a fee for the replacement of Tickets which are
lost or stolen. CANBOOK.me will be under no obligation to replace general
admission Tickets (which are Tickets where seating is not allocated).
- The right of admission is reserved and is subject to the Event
Holder's and the respective venue's terms of admission, copies of which
may be obtained from the Event Holder. Late arrival may result in
admission to the Event being refused.
- If a concession Ticket is purchased, you may be required to provide
valid identification to substantiate any concession at the time of
collection of the Tickets or entry to the relevant venue.
- The Event may ban cameras, audio and video recording equipment.
- Events may be broadcast on television, radio or over the internet.
As a result of your attendance at the Event, you may appear in these
broadcasts with or without your knowledge or consent.
- It may be a condition of entry to individual Events that a search
of person and / or their possessions will be required at the time of
the entry to the relevant venue.
- Entry may be refused to an Event if Tickets are damaged or defaced
in any way or are not purchased from CANBOOK.me or other authorised
points of sale.
- You must not, without the prior written consent of CANBOOK.me or the
Event Holder, resell or offer for sale any Tickets you have purchased
at a premium to their purchase price. You cannot resell the Tickets on
an online auction site. If a Ticket is sold or used in breach of this
condition, the Ticket may be cancelled without a refund and the holder
of the Ticket may be refused admission to the Event.
- You acknowledge that the resale of Tickets in certain circumstances
may breach certain laws (including, without limitation, laws related to
scalping).
- When purchasing your Tickets or Merchandise, you must allow
sufficient time for their collection and delivery prior to the Event.
LIABILITY AND DISCLAIMER
Tickets, Merchandise and the collection of Donations are
sold/provided by CANBOOK.me on behalf of the Event Holder. Any legal
agreement or contract in relation to the sale of Tickets, Merchandise or
the collection of Donations ("Supply Agreement") is
between you and the Event Holder. CANBOOK.me's only obligation to you in
respect of an Event is the provision of the Service in accordance with
this Agreement.
You agree that CANBOOK.me will not be liable or responsible to you for
any act, omission or negligence in connection with an Event nor for any
act, omission or negligence of the Event Holder in any way whatsoever
including, without limitation:
- Any failure of the Event Holder to honour any representations,
warranties, undertakings or fulfil their other obligations in respect
of the Event, the supply of Tickets or Merchandise or in respect of any
donations.
- Any failure of the Event Holder to comply with the terms of the
Supply Agreement.
- Any failure of the Event Holder to fulfil any other obligation to
you, including, without limitation, any obligation arising under any
law.
You acknowledge that CANBOOK.me has made no warranties that the Service
will be error free.
You agree that CANBOOK.me will not be liable or responsible for any
failure in, or delay to, the provision of the Service or in CANBOOK.me
complying with its obligations under this Agreement where such failure
or delay has a arisen as a direct or indirect result of:
- fire, earthquake, storm, flood, hurricane, inclement weather or
other act of God, war, terrorism, explosion, sabotage, industrial
accident or an industrial strike;
- denial of service attacks, telecommunications failure, hardware
failure or the failure of software provided by a third party to
function in accordance with its specifications;
- a significant demand being placed on CANBOOK.me's services which is
above the usual level of demand and which results in a failure of
CANBOOK.me's software and hardware to function correctly;
- the failure of any third party (including without limitation, any
bank or other financial organisation) to fulfil any obligations to
CANBOOK.me; or
- any other circumstances or event similar to the above which are
beyond the reasonable control of CANBOOK.me.
You acknowledge that CANBOOK.me has not made and will not make any
express or implied warranties in relation to the Service or any other
goods or services provided by CANBOOK.me under this Agreement, other than
those warranties contained in this Agreement. Subject to the following,
any term that would be implied into this Agreement, including without
limitation any condition or warranty, is hereby excluded.
Subject to the following, you agree that CANBOOK.me will not be liable
in respect of any claim by you (whether contractual, tortious, statutory
or otherwise) for any direct, special, incidental, indirect or
consequential damages or injury including, but not limited to, any loss
of profits, contracts, revenue or data arising out of or in connection
with the provision of the Service or the provision of any other goods or
services under this Agreement and whether as a result of any breach or
default, by CANBOOK.me. The maximum liability of CANBOOK.me under this
Agreement for any and all breaches of this Agreement will not exceed the
total amounts paid by you for any Tickets, Merchandise or Donations.
If the Trade Practices Act 1974 (Cth) (or analogous legislation)
applies to this Agreement and permits the limitation of liability for
breach of warranty implied by statute, the liability of CANBOOK.me is
limited, at the option of CANBOOK.me, to:
- in the case of goods, any one or more of the following:
- 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 of acquiring
equivalent goods; or
- the payment of the cost of having the goods repaired; and
- in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Any of the terms and conditions of this Agreement which limit or
exclude any term, condition or warranty, express or implied, or the
liability of CANBOOK.me will apply to the extent permitted by law and will
not be construed as excluding, qualifying or limiting your statutory
rights or remedies arising by virtue of the breach of any implied term
of this Agreement where such exclusion, qualification or limitation
would be prohibited by statute.
PRIVACY POLICY
You can view the CANBOOK.me privacy policy here: Privacy policy
DISPUTES, QUESTIONS, CONCERNS
If you have any concerns or issues relating to your use of the
Service or the supply of Tickets or Merchandise or the collection of
Donations by CANBOOK.me, please contact us at
info@canbook.me
This Agreement is governed by the laws of the State of Victoria,
Australia. You agree that you submit to the exclusive jurisdiction of
the courts of the State of Victoria, Australia in respect of any dispute
arising under this Agreement.