Moshtix Terms and Conditions of Use
Last updated: 1 July 2013
Our mission is to make your browsing and purchasing experience easy, fast and fair, so you can get your tickets or make registrations as quickly and as fast as possible.
Moshtix Pty Ltd, moshtix.com, moshtix.com.au and moshtix.co.nz (collectively "Moshtix") operate the moshtix booking system and web pages ("moshtix platform") for events created by EVENT ORGANISERS.
Moshtix provides the moshtix platform and associated software to EVENT ORGANISERS so that they may list event details, set ticket inventory, sell tickets, take registrations, manage customer lists and communications and manage other event functions using the moshtix platform. Moshtix provides access to certain parts of the moshtix 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 moshtix, the moshtix platform, moshtix powered partner websites and moshtix retail store associates to promote the EVENT ORGANISERS events, sell tickets, make registrations and bookings.
a) By using or visiting the moshtix platform, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the moshtix platform.
c) Moshtix Pty Ltd, moshtix.com, moshtix.com.au and moshtix.co.nz (collectively "Moshtix") reserve the right to change these Terms at any time, effective immediately upon posting on the moshtix platform. To ensure you are aware of the latest Purchase Policy and Terms and Conditions of Use, please check this page of the moshtix platform periodically which is available from every event page on the moshtix platform. The latest date of issue will be posted at the top of this page.
2. Permitted Use of the moshtix platform
a) You agree that you are only authorised to visit, view and to retain a copy of pages of moshtix 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 Moshtix to do so.
b) The content and software on this site is the property of Moshtix and is protected by Australian and international copyright laws. We post a legal notice and various credits on the moshtix 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.
3. Links and Search Results on the moshtix platform
a) The moshtix 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 Moshtix has no control over these web sites or the content contained within them, Moshtix cannot guarantee, represent or warrant that the content contained in third party websites is accurate, legal and/or inoffensive.
b) Moshtix 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 moshtix platform to search for or link to another site, you agree and understand that you may not make any claim against Moshtix for any damages or losses, whatsoever, resulting from your use of the moshtix platform to obtain search results or to link to another site. If you have a problem with a link from the moshtix platform, please notify us at email@example.com and we will investigate the problem you describe in your email and take actions that we deem are appropriate in our sole discretion.
4. Unauthorised Use of the moshtix platform
Illegal and/or unauthorised uses of the moshtix platform, whether for unauthorised ticket sales, unauthorised framing of or linking to the moshtix platform will be investigated and appropriate legal action will be taken.
5. Violation of these Terms and Conditions
a) If you violate these Terms including if you post or provide User Content which violates these Terms or has violated the rights of moshtix, any other User or the law, Moshtix may terminate your use of the moshtix platform, prevent you from making all future bookings using the moshtix platform, and/or take legal action against you. Where this occurs, Moshtix 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 Moshtix, you have 5 days within Moshtix providing its notice to you to do so and Moshtix will act reasonably in considering your response.
b) If you materially violate these Terms (which includes any breach of clause 6), in addition to paragraph 5(a), Moshtix may cancel your ticket orders in which case Moshtix 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.
c) You agree that monetary damages may not provide a sufficient remedy to Moshtix for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations.
e) Moshtix 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.
6. Moshtix Copyright Policy
You may only submit content to the moshtix platform ("User Content") where you have the rights to do so. In particular, you:
a) may not use the moshtix 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; and
b) must ensure that the content you upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights).
a) Moshtix does not promise that the moshtix platform will be error-free, uninterrupted, nor that it will provide specific results from use of the moshtix platform or any content, search or link on it.
b) The moshtix platform and its content are delivered on an "as-is" and "as-available" basis.
c) Moshtix cannot ensure that files you download from the moshtix platform will be free of viruses or contamination or destructive features although Moshtix will take steps consistent with industry practice to protect against this occurring.
d) Moshtix 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, Moshtix excludes all rights, remedies, conditions and warranties in respect of goods or services from your use of this site and the moshtix 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.
e) Moshtix will not be liable for any damages of any kind arising from the use of the moshtix platform, including without limitation, direct, indirect, incidental, and punitive and consequential damages.
f) Moshtix makes no guarantee of any specific result from use of the moshtix platform or use of the Moshtix service.
g) Moshtix disclaims any and all liability for the acts, omissions and conduct of any third party users, Moshtix users, advertisers and/or sponsors on the moshtix platform, in connection with the Moshtix service or otherwise related to your use of the moshtix platform and/or the Moshtix service. Moshtix 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 moshtix platform.
h) 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 moshtix platform to Moshtix at firstname.lastname@example.org. Moshtix may investigate the claim and take appropriate action, in its sole discretion.
8. Payment Methods
moshtix processes your payment depending upon the methods accepted by the EVENT ORGANISER which may include but are not limited to PayPal payments, gift vouchers and credit cards: Visa, MasterCard, BankCard and American Express.
9. Limits on Tickets purchases Per Customer
When purchasing tickets on moshtix, you are limited to a maximum number of tickets per transaction. This is often a limit of 10 tickets unless otherwise specified by the event organiser and may be as low as 2 tickets per transaction. If you try to circumvent the moshtix 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.
10. Pricing and Ticket Availability
a) moshtix sells tickets on behalf of EVENT ORGANISERS which means moshtix does not determine the ticket prices, booking fees, postage and handling fees (if posted tickets are an option) or the seating selections.
b) 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 moshtix set by the EVENT ORGANISER, however the EVENT ORGANISER controls this inventory and its availability.
11. Credit card purchases and proof of identity
a) In most cases where you purchase your tickets using a credit card, in order to collect your tickets, you will be required 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.
b) All purchases are charged to your credit card at the time of purchase, not at the time of entry to the event.
12. Licensed venues and proof of identity
In Australia, Moshtix 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.
13. Delivery of tickets
Through the moshtix 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.
a) By "email / e-ticket" option:
The moshtix 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 Moshtix by email email@example.com at least 48 hours before the scheduled event.
b) 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.
c) By "moshScan" option:
Tickets delivered through "moshScan" delivery option are typically available one hour prior to the event start time at the location set by the EVENT ORGANISER. You will be required to swipe the credit card at the door for online bookings. Therefore you MUST bring the credit card used to purchase the tickets.
d) 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. Moshtix and EVENT ORGANISER do not post to PO Boxes.
e) Delivery of tickets are the responsibility of the EVENT ORGANISER, unless Moshtix 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 moshtix event page or contact Moshtix at firstname.lastname@example.org.
f) Quick Purchases
I. As with other leading internet merchants, Moshtix securely saves the billing and credit card information you provide during purchase. If you do not wish to use this information for future quick purchases please uncheck the check box next to "Save this card to my profile" during the booking process.
II. With mobile phone bookings charges will be made to the credit card stored on your moshfile and it is your responsibility to ensure these credit card details are accurate and updated.
III. Do not set your quick purchase settings or purchase tickets with your parents or another persons credit card unless you have their permission or have completed a credit card authorisation form - as you will not be let into the event - even with a valid ticket.
14. Cancelled Events
a) Occasionally, events are cancelled or postponed by the EVENT ORGANISER due to weather conditions or situations affecting the staff, audience or artist. When this occurs, the EVENT ORGANISER will make every effort to ensure you receive a prompt refund and/or exchange if applicable.
b) If an event is cancelled or postponed, refunds will be determined by the EVENT ORGANISER. To find out about the refund availability and process:
I. you will be notified by email if you have opted in to receive email updates; or
II. 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 moshtix listing.
c) If the event was moved or rescheduled, the EVENT ORGANISER may set refund limitations. Contact the EVENT ORGANISER for exact instructions.
d) If a refund has been confirmed by Moshtix then the following refund method applies:
I. If you booked online or by phone using a credit card, Moshtix will automatically refund to the credit card used for purchase within 14 days of notifying you that a refund for this event applies.
II. If you booked in an authorised Moshtix retail outlet, please return to the same outlet you purchased from 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 email@example.com providing details of the event and point of purchase and any other information as reasonably required to allow Moshtix to arrange a refund. Note that any refunds conducted through this method will take significantly longer than refunds conducted through the retail outlet.
III. If you purchased the ticket(s) independently of the moshtix platform, you will need to return the tickets directly to the place where you purchased the tickets.
IV. Moshtix takes no responsibility for tickets not purchased through the moshtix platform including web pages, call centre, outlets and authorised retailers.
15. Exchanges and Refunds
Before purchasing tickets, carefully review your event and ticket selection. Policies set forth by EVENT ORGANISER will dictate the issuing of exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets.
16. Other terms
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 moshtix terms and conditions and these additional terms are displayed and agreed to by the purchaser during the booking process.
If you have a query in relation to these Terms and Conditions of Use, please contact our Privacy Officer via the contact details below.
Moshtix Privacy Officer
Contact Address: PO Box 4245, Sydney, NSW, 2001.