These Term of Service are for Ticket Buyers and their use of this Site. If you are a Ticket Vendor, please check out this page for our Vendor Terms.
This website (“Site”) is owned and operated by The Fold Media Pty Ltd ABN 59 620 741 095 trading as The Fold LIVE. Throughout these Terms and Conditions, “we”, “us” and “our” refer to The Fold LIVE and its associated entities and “you” refers to the individual accessing the Site.
These terms and conditions govern the relationship between you and The Fold LIVE. There may be additional terms and conditions imposed by an event organiser or venue operator in respect of an event for which you purchase tickets. It is your responsibility to review these terms prior to ticket purchase.
The Fold LIVE may vary these Terms at any time and will post the variations on this Site. You agree to be bound by the variation by continuing to use the Site after the varied terms are posted.
1. Who we are and what we do
- The Fold LIVE facilitates the sale of tickets and membership registrations by Ticket Sellers by allowing Ticket Sellers to create an event page on the Site from which tickets or registrations can be purchased by you (“event listing”) and giving Ticket Sellers access to a secure payment gateway. As such, except as specified in these Terms, we are not liable for any dispute over an event or a ticket purchase.
- Details of the event organiser can be found on each event listing. Each ticket is issued subject to the terms and conditions of the event organiser and/or the venue at which the event is held.
- We have no control over ticket prices, postage and handling fees.
- You acknowledge that The Fold LIVE acts as an agent for the relevant event organiser. Any claims with respect to the purchase of tickets or membership registrations (including cancellation or postponement of events) lie solely with the event organiser and to the extent permitted by law, The Fold LIVE takes no responsibility or liability for such claims.
2. Purchasing tickets or registrations
- When you make a purchase from the Site you acknowledge and agree that:
- All information you provide is true, accurate, and complete and will be kept up to date.
- It is your sole responsibility to maintain the confidentiality of any password you create for accessing content on the Site or in the purchase of tickets.
- There may be limits on number of tickets set by the Ticket Seller. The reselling of tickets is strictly prohibited. Tickets found to be resold may be cancelled without a refund and the bearer may be refused entry.
- We reserve the right to cancel tickets and refund the amount paid in full where there has been an error in ticket pricing, whether due to human error or a transactional malfunction of the Site and offer to rectify such an error by re-processing the transaction with the correct ticket pricing.
- The event organiser has the right to change the advertised program, seating arrangements and audience capacity and deny admission with reasonable cause due to intoxication, unsociable behaviour, failing to observe lawful directions, possession of invalid or insufficient tickets or ID or health and safety precautions.
- You are responsible for showing the event organiser your tickets, as purchased through The Fold LIVE. No refunds or exchanges are provided for lost or stolen tickets or for a failure on your part to present them at the event. It is your responsibility to provide correct e-ticket information (email address) to allow adequate time for the deLIVEry of tickets.
- All credit card purchases are processed through our secure online payment system. The event organiser determines how you may pay for tickets and registrations.
- Tickets purchased on the Site are subject to a non-refundable, per order service fee which will be included in the ticket price.
- Unless stated to be otherwise, charges referred to for any tickets or registrations supplied by the Site are listed as exclusive of GST. GST will be applied to the ticket during checkout and a confirmation email will be provided to you upon completing your purchase of tickets.
- GST means the Australian goods and services tax charged under the A New Tax System (Goods and Services Tax) Act 1999.
- All prices are stated in Australian dollars.
4. Postponed or cancelled events
- The event organiser is liable for providing any refund or comparable ticket where an event is cancelled, varied or postponed. You should check the terms of sale of the Ticket Seller with respect to its policy on postponed, changed or cancelled events.
- We may be required to pass on your contact information for the event organiser to contact you with information relating to your tickets or the event. We do not authorise the event organiser to send you any unsolicited communication.
- We and the event organiser will use reasonable endeavours to notify ticket holders of a postponed, changed or cancelled event, however, you are responsible for ascertaining whether an event has been postponed, changed or cancelled. We do not guarantee that the ticket holders will be informed of changes before the date of the event.
5. Refunds and exchanges
- All ticket sales are final. For clarification, you are not entitled to a refund if:
- You are not satisfied with the event,
- You are no longer able to attend the event (but you can give your ticket to someone else to use),
- You arrive late or are refused entry, or
- There is a change in support act.
- If your ticket is lost, stolen or damaged (including if it is lost in the mail), we are not required to replace it unless we can identify the seat corresponding to the ticket, or in the case of a general admission ticket can identify and cancel the relevant ticket. We may charge a reasonable administration fee in these circumstances.
6. Unauthorised Use
- The following are examples of unauthorised use of the Site and therefore such actions constitute a breach of these Terms. You agree that you will not:
- use the Site to resell tickets of any kind, including by way of unauthorised framing or links to other sites for the purpose of reselling, or facilitate illegal ticket sales,
- take any action that imposes an unreasonable large burden on the Site, or interfere with the proper working of the Site,
- request more than 1,000 pages of the Site in any twenty-four hour period or make any other request to transactional servers more than once during any three second interval (this applies equally to a group of individuals acting in concert); or
- utilise automated means to process or place ticket orders including the use of robots, spiders or other devices, or hack into the Site to process ticket sales.
7. Permitted Use of the Site
- The Site may be used for personal use only. Temporary copies of all or part of the Site may be made on your local computer for the sole purpose of viewing it. You may also retain a single permanent copy of a part of the Site for your personal use (including to purchase tickets). You may not otherwise in any form copy, reproduce, modify, create derivative works, publish or distribute the material on the Site without the prior written consent of The Fold LIVE or as permitted by applicable copyright laws.
- All content, images, software and designs on the Site are owned by us or used under licence or with consent, including from event organisers. The Content is protected by copyright under the laws of Australia and other countries through international treaties. You must not remove any proprietary notice or credits contained on the Site.
- The Site contains trademarks, logos and trade names of The Fold LIVE, which may be registered or otherwise protected by law. Trademarks, logos or trade names which appear on the Site must not be used. Nothing contained on this Site should be construed as granting any licence or right to use any trademark displayed on the Site.
- We reserve our right to enforce our intellectual property rights, in accordance with the law.
8. Breaches of Terms
- If you are found to have breached these Terms, or we believe you acted in conjunction with any person who has done so, without prior notice we may;
- block or limit your access to the Site,
- cancel any registrations or ticket orders you have placed via the Site without refund,
- take legal action against you; and/or
- prohibit you from future registration or ticket purchases.
9. Disclaimer and Limitation of Liability
- The Site is used by you at your own risk.
- We do not guarantee, represent or warrant that the Site will give you uninterrupted access or be error or bug free. Access to the Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
- We reserve the right to change or discontinue any feature or service on the Site at any time.
- To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Site that are not set out in these Terms.
- The goods and services provided by The Fold LIVE will adhere to the guarantees under the Australian Consumer Law. Our liability for any breach of those guarantees is limited to the replacement or replacement cost of goods or re-supply or services. Our services to you are solely the facilitation of ticket sales, as agent for the event organiser.
- In relation to any express warranty or condition set out in these Terms in connection with goods or services supplied or offered by us via the Site, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.
- The Fold LIVE disclaims all liability for the acts, omissions and conduct of any event organisers, third party users, promoters, advertisers and/or sponsors on the Site or otherwise related to your use of the Site. We are 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 Site.
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, or access to or conduct in connection with the Site, including any breach by you of these Terms.
11. General Provisions
- The Terms shall in all respects be governed by the laws of NSW, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises under the User Terms.
- Provisions of the Terms that are deemed invalid or unenforceable will be severed from the Terms, all or in part, and the enforceability of the remaining provisions of the Terms will not be affected.