Ticketbooth Sellers Terms of Service

1. Definitions and Interpretation

Construction of agreement
This document sets out Ticketbooth’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

2. Engagement

The Seller grants to Ticketbooth the right to supply during the Term the Ticketbooth Services in respect of the Event, on the terms and conditions of this agreement.

3. Term

This agreement commences on the Commencement Date and ends on the Expiry Date, unless terminated earlier under clause 12.

4. Ticketbooth’s Obligations

Ticketbooth must supply to the Seller the Ticketbooth Services in respect of the Event in accordance with this agreement.

5. Seller’s Obligations

General
The Seller is solely responsible for performing, at its cost, its obligations under this clause 5.

Information Relating to 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 Ticketbooth is directed to commence selling the Tickets for the particular Event), notify Ticketbooth 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 Ticketbooth 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 referred to in paragraph (i) or (ii), immediately notify Ticketbooth of those alterations.
  • Ticket allocation: Accurately maintain the number of Tickets available for sale or issue via the Ticketbooth 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 Ticketbooth Service: only use the Ticketbooth Service for lawful purposes and only for the purpose of creating an Event page for its Event and selling/issuing Tickets to that Event;
  • Disruption of Ticketbooth Service: not engage in any activity which interrupts or affects the Service;
  • Follow reasonable directions: follow any reasonable directions from Ticketbooth in relation to its use of the Ticketbooth Service;
  • Comply with Ticketbooth policies and procedures: comply with all reasonable rules, policies and procedures which may be published 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 Ticketbooth Terms and Conditions of Sale) governing its Event and Tickets are communicated to Purchasers prior to 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 Ticketbooth 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 Ticketbooth 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 with regard to any Purchaser information (including name, address, mobile number and email address) it obtains via Ticketbooth or the Service;
  • Third Party Rights: If it submits content to the Site or Ticketbooth 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 Ticketbooth Services
The Seller must:

  • Use of Ticketbooth Services: Only use the Ticketbooth Services for lawful purposes and follow any reasonable directions from Ticketbooth in relation to the use of the Ticketbooth Services;
  • Reasonable Assistance: Provide all assistance reasonably requested by Ticketbooth to enable it to provide the Ticketbooth Services in accordance with this agreement;
  • Promote the Network: Include in its advertising of Event references to Ticketbooth and the Network;
  • Ticket Stock: Not supply or use any Ticket stock in respect of the Event other than Ticket stock produced by Ticketbooth 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 Ticketbooth’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 an 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 Ticketbooth Hardware and Software, all Tickets and all Ticket proceeds and credit card dockets;
  • Protect Ticketbooth Hardware and Software: Not permit any person to access or use any part of the Ticketbooth Hardware and Software other than the Seller’s employees who have been approved in writing by Ticketbooth or other persons authorised in writing by Ticketbooth;
  • Provide public access: Ensure that the public have 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 Ticketbooth 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 Ticketbooth and its Personnel during normal business hours the right of ingress and egress to or from the Box Office and such other areas of a Venue as it reasonably requires to perform its obligations under this agreement.
6. Ticketbooth Hardware and Software

Ownership and removal of the Ticketbooth Hardware and Software
At all times, the Ticketbooth Hardware and Software remains the sole property of Ticketbooth. At the end of the Event, Ticketbooth may remove the Ticketbooth Hardware and Software in accordance with clause 12.

Use of the Ticketbooth Hardware and Software
Ticketbooth grants to the Seller a non-exclusive right to use the Ticketbooth Software. The Seller must ensure that:

  1. Only use with the System: The Ticketbooth Hardware and Software is only used for the sale of Tickets to Event using the System, and for no other purpose;Ensure information complete: Use reasonable endeavours to ensure that all information it gives to Ticketbooth relating to the Event and each Venue is accurate and complete; and
  2. Use Properly: The Ticketbooth 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 Ticketbooth provides from time to time;
  3. And not encumber, move or modify: The Ticketbooth Software is not encumbered, moved or modified without Ticketbooth’s prior written consent, such consent not to be unreasonably withheld or delayed.

Loss or Damage to Ticketbooth Hardware and Software
If any part of the Ticketbooth Hardware and Software is damaged (other than by Ticketbooth or its Personnel or through fair wear and tear or any latent defect), the Seller must pay to Ticketbooth the cost of restoring or replacing the Ticketbooth 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.

7. Payments

Processing
Payments relating to the service are  processed via one of the following options to be agreed between Ticketbooth and the Seller:

  1. The Ticketbooth payment processing gateway (“Ticketbooth 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 Ticketbooth;

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.

8. Fees, Charges and Settlement

What Ticketbooth will charge Purchasers
By default, Ticketbooth will charge Purchasers a “booking fee” that covers the “Ticketbooth Platform Fee” charged by Ticketbooth to the Seller under its Ticketing Agreement.

Subject to the clause below (Payment processing fees), Ticketbooth 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 Ticketbooth, Seller must not, and must not attempt to, charge Purchasers any additional fee or any surcharge on credit or debit card payments for Tickets.  If the Seller breaches this clause, Ticketbooth may at its election suspend or permanently remove the relevant Event for which those fees or surcharges are being charged from the Ticketbooth platform.

Settlement
Subject to clauses 8 and 9, on the Settlement Days in respect of the Event, Ticketbooth must pay to the Seller the proceeds of Tickets to the Event sold through the System and received by Ticketbooth less any amount Ticketbooth is entitled to deduct under clause 8.

Additional Fees Ticketbooth will charge the Seller
Where applicable, Ticketbooth will charge the Seller the Fees set out in Ticketbooth’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, printing of hard tickets for the Event.

Payment of Ticket proceeds
The Seller has two options in relation to payment of the Ticket proceeds for the Event:

  • Ticketbooth Gateway: If the Seller elects to use the Ticketbooth Gateway for payment processing, subject to clauses 8 and 9, on the Settlement Day, Ticketbooth must pay into the Seller’s nominated account the proceeds of Tickets to the Event(s) sold through the Ticketbooth Service and received by Ticketbooth less any amount Ticketbooth is entitled to deduct under clause 8.
  • Third Party Merchant Account: If Ticketbooth 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 Ticketbooth Service and Ticketbooth will deduct its Fees and any other amounts payable by the Seller to Ticketbooth under this Agreement or otherwise in accordance with the direct debit agreement in place between the Seller and Ticketbooth.

Deduction of Amounts Owing
The Seller irrevocably authorises Ticketbooth 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 Ticketbooth.

Payment by Seller of Other Amounts Owing
The Seller must pay to Ticketbooth all Charges and other amounts owing under this agreement but not deducted under clause 8 within 7 days after Ticketbooth issues an invoice to the Seller in respect of the amount due.

Chargebacks
Any credit card charge backs or reversals received by Ticketbooth will be charged to the Seller, including any fees charged to Ticketbooth by third parties in respect of the charge back.

  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 Ticketbooth, Ticketbooth reserves the right to hold any amount of Settlement funds for a period of ninety (90) days. If Settlements are insufficient, Seller shall provide Ticketbooth sufficient funds to make refunds immediately upon notice thereof. Failure to comply with clause 8 shall entitle Ticketbooth to enforce default interest and contract default fees in accordance with clause 8.
  2. The Seller authorises Ticketbooth to direct debit the nominated settlement account for up to 90 days for any chargebacks or disputes received by Ticketbooth in relation to Seller’s events.

Third Party claims against Ticketbooth

If, in Ticketbooth’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. Ticketbooth will consult in good faith with the Seller prior to taking any further action including, where appropriate, consultation at a CEO-level;
  2. The Seller authorises Ticketbooth 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 final determination of a court Ticketbooth may apply those monies in full or partial satisfaction of any liability which the Seller has to Ticketbooth in respect of the Event;
  4. If it is determined finally by a court that the Seller has no liability either to Ticketbooth or to the purchaser of any Tickets, Ticketbooth will release to the Seller the Ticket proceeds which it retained pursuant to clause 8.

Title in Ticket Proceeds
Property in all proceeds from the sale of all Tickets sold via Ticketbooth Merchant vests legally in Ticketbooth at the time of purchase. Ticketbooth 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 percent (2.5%) per calendar month (and at Ticketbooth’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

  1. If the Seller owes Ticketbooth any money the Seller shall indemnify Ticketbooth from and against all costs and disbursements incurred by Ticketbooth in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Ticketbooth’s contract default fees, and bank dishonour fees).
  2. Without prejudice to any other remedies Ticketbooth may have, if at any time the Seller is in breach of any obligation (including those relating to payment) under these terms and conditions Ticketbooth may suspend or terminate the supply of Services to the Seller. Ticketbooth will not be liable to the Seller for any loss or damage the Seller suffers because Ticketbooth 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 New Zealand dollars. Ticketbooth is not obliged to accept any currency in respect of Ticket sales other than New Zealand dollars.

9. 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 Ticketbooth 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 Ticketbooth 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. Ticketbooth will not be responsible or liable for any refunds, errors in issuing refunds or lack of refunds by the Seller.

When Ticketbooth is responsible for refunds
Ticketbooth will only be responsible for refunding purchasers of Tickets who purchased their Tickets via the Ticketbooth Service in the limited circumstance where payments have been processed by the Ticketbooth Gateway. After settlement of Ticket proceeds has occurred, Seller shall provide Ticketbooth sufficient funds to make refunds immediately upon notice thereof. Failure to comply with clause 9 shall entitle Ticketbooth to enforce default interest and contract default fees in accordance with clause 8.

Cancellation Fee
The Seller agrees to pay Ticketbooth in respect of the cancellation of the Event the Cancellation Fee which Ticketbooth shall be entitled to retain in all circumstances.

Notification

  1. Ticketbooth will notify purchasers of Tickets of any cancellations or postponements of the Event via email at its cost. If a valid email address is not provided by purchasers of Tickets, Ticketbooth will bear no responsibility to notify such purchasers of a cancellation or postponement of the Event.
  2. If Ticketbooth 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 to Ticketbooth the costs and expenses incurred by Ticketbooth in giving such notice.
10. Representations, Warranties and Indemnities

The Seller warrants to Ticketbooth 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 of governmental agencies.

Each party represents and warrants to each other party:

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

Indemnity

  • The Seller indemnifies Ticketbooth for any Loss Ticketbooth may incur, or be liable for, arising from or in connection with (a) any breach by the Seller of this agreement, or (b) any negligent act, omission or default on the part of the Seller or its Personnel in relation to the performance or non-performance of its obligations under this agreement.
  • The Seller indemnifies Ticketbooth against any Loss (including legal fees and expenses) Ticketbooth 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 Ticketbooth or the Ticketbooth Service. The Seller understands that this indemnity extends to any Loss suffered by Ticketbooth as a result of adverse publicity, which is related to the breach of any legislation. To avoid any doubt, the indemnity in clause 10 does not apply to the extent the indemnity is prohibited by law
11. Limitation of Liability

Ticketbooth 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 New Zealand 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 New Zealand Consumer Law) and cannot be excluded, restricted or modified (Non-Excludable Provision), and Ticketbooth is able to limit the Seller’s remedy for a breach of the Non-Excludable Provision, then Ticketbooth’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at Ticketbooth’s option:

  • In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again; 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 Ticketbooth’s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, the entire aggregate liability of Ticketbooth 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 Ticketbooth’s obligations under the Non-Excludable Provisions, Ticketbooth’s liability for Consequential Loss is excluded.

For the purposes of 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).

Ticketbooth cannot guarantee that the Site will be error-free, uninterrupted, nor that it will provide specific results from 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.

12. Ticketbooth’s Right To Terminate

Ticketbooth may terminate this Agreement and the Seller’s use of the Ticketbooth 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 Ticketbooth when it falls due.
  • Ticketbooth believes that continuation of the contract by hosting Seller’s events may damage Ticketbooth’s brand.

Effect of Termination
Termination of this agreement is without prejudice to accrued rights and obligations of a party and any provisions which are intended by their nature to survive termination.

Removal of Ticketbooth Hardware and Software
At the end of the Event, the Seller must permit Ticketbooth to enter the Box Office to remove all Ticketbooth Hardware and Software, Ticket stock, advertising and other property of Ticketbooth.

13. 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 by reason of any cause beyond its reasonable control which 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.

14. Assignment and Subcontracting

Assignment and other dealings
Except as permitted by clause 14, neither party may assign, novate, encumber or otherwise deal with its rights or obligations under this agreement without the prior written consent of the other party, such consent not to be unreasonably withheld.
Subcontracting and delegation
Ticketbooth 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 Ticketbooth of its obligations under this agreement.

15. Confidentiality

Information confidential

All information which 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) provided always 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 for which it was provided to that party.
16. Tax, Costs and Expenses

GST Inclusive

Unless otherwise specified, all amounts expressed in this agreement are inclusive of GST. GST will be payable at the same time as the consideration to which it relates.

Tax invoices
Ticketbooth will issue tax invoices in respect of any supplies made by Ticketbooth 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 into or signed under this agreement.

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 Ticketbooth will pay such amounts to you at the same time as the underlying Ticket Receipts.

Ticketbooth cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires Ticketoboth to pay any Taxes attributable to your use of the Services, you agree to promptly and fully reimburse Ticketoboth for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.

Additionally, in the event that a governmental authority requires Ticketbooth 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 Ticketbooth’s request within five (5) days of the request.

17. Relationship

The Seller appoints Ticketbooth as its agent to sell Tickets for the Event through the Network. The Seller acknowledges that:

  • Ticketbooth provides ticketing services to a range of venues and promoters and has ongoing business dealings with other venues and promoters;
  • this agreement in no way restricts, and the Seller agrees not to interfere with, Ticketbooth’s other business dealings; and
  • Ticketbooth is not obliged to disclose to it the confidential information of another promoter.

The Seller acknowledges that this agreement is an arms-length commercial contract which sets out in full Ticketbooth’s duties and obligations as agent. The Seller irrevocably and unconditionally releases Ticketbooth 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 Ticketbooth is the principal.

18. Obligation to act in good faith

Ticketbooth and Seller must act in good faith in respect of this agreement. Neither Ticketbooth nor the Seller may do anything which will circumvent the operation of this agreement or deprive either Ticketbooth or the Seller of its rights under this agreement.

19. Privacy and use of Customer Data

By entering into this Agreement, the Seller agrees to the terms of Ticketbooth’s Privacy Policy. Ticketbooth may collect and use the personal information of Purchasers of Tickets in accordance with its Privacy Policy in place from time to time.
Ticketbooth 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 Ticketbooth is required to comply with the Payment Card Industry Data Security Standard (Version 3.0, released November 2013, as amended from time to time) (PCI Data Security Standards).
The Seller will use reasonable commercial endeavours to adhere to and be compliant 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 Ticketbooth, 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).

20. 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 and 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.
  • This clause is not limited by any other provision of this agreement in relation to severability, invalidity or unenforceability.

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 for which 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 on 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 Ticketbooth Services have been made by Ticketbooth or anyone on behalf of Ticketbooth other than as set out in this agreement.

Specific performance

The Seller acknowledges that monetary damages alone would not be adequate compensation to Ticketbooth 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 Ticketbooth under this agreement.

Third party rights

Only Ticketbooth and the Seller has or is intended to have a right or remedy under this agreement or obtain a benefit under it.

Legal Advice

The parties acknowledge that they have received legal advice about this agreement or have had the opportunity of receiving legal advice about this agreement.

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 that govern this agreement. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales 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

21. Direct Debit Request Service Agreement

Debiting your account
In the event that the net activity in your account on a day is negative, or Ticketbooth needs you to fund your account for any other reason relating to the Ticketbooth Seller Agreement, you authorise and request Ticketbooth to debit your account by using credit card direct debit.

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 Ticketbooth during “the term” in local, regional or national media (including but not limited to radio, television, newspapers, magazines or the internet) or any governmental publication in which Ticketbooth or it’s products are specifically named in a negative fashion.
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 Ticketbooth 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 Ticketbooth 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 Ticketbooth 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 Ticketbooth under this agreement.

Customer means a person or persons that makes a purchase of event tickets and/or products on the Ticketbooth platform for sellers events.

Event means the events described in the Event Build Form to be held at the Venue(s).

Expiry Date means the date specified in the Ticketing Agreement.

Force Majeure unforeseeable circumstances that prevent someone from fulfilling a contract.

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 Ticketbooth, 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, call centres and sales agents.

Seller means the person or entity specified in the Event Build Form.

Personnel means, in respect of a party, its employees, agents, contractors and invitees.

Purchaser means a person who purchases or obtains a Ticket to the Seller’s Event through the Site or the Service;

Review Date means the Expiry Date of this agreement.

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.ticketbooth.co.nz or events.ticketbooth.co.nz

System means the computerised booking system used by Ticketbooth 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 Ticketbooth and Seller accompanying these Sellers Terms of Services and to which these Sellers Terms of Service are incorporated.

Ticketbooth Hardware and Software means the hardware and software (if any) to be installed by Ticketbooth at the Venue and listed in the Ticketing Agreement.

Ticketbooth 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 Ticketbooth 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 Ticketbooth 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 each place specified in the Event Build Form