FALLS FESTIVAL LORNE Terms & Conditions

9:00am, Sat 28 December, 2019 - 12:00am, Tue 31 December, 2019 Falls Festival Lorne, VIC

Event Terms & Conditions

THE FALLS MUSIC AND ARTS FESTIVAL TERMS AND CONDITIONS: 2019-2020 The terms and conditions set out below shall constitute a binding contract between Ash Sounds Pty Ltd trading as The Falls Music and Arts Festival, ABN 67 160 019 152, PO Box 184, Lorne, VIC 3232 (the “Promoter”) and the individual holding or using a ticket (“Ticket Holder” or “Patron”) in relation to the event known as The Falls Music and Arts Festival held at Lorne in Victoria, Marion Bay in Tasmania, Byron in New South Wales and Fremantle in Western Australia (collectively referred to as the “Event”). All terms and conditions set out below (the “Event Terms”) are to be read together with the Merchant Terms and Conditions as made available on the Ticket Purchase web site (the “Merchant Terms”). 1. Entry to and attendance at the Event is in accordance with these Event Terms, the Merchant Terms and any other Event rules viewable at www.fallsfestival.com, displayed at the Event or communicated by the Promoter from time to time in any other format. 2. You must have a valid Event ticket to enter the Event entertainment precinct, and you must have a valid Camping ticket to enter the Event campgrounds in Lorne and Byron. 3. The Promoter reserves the right to refuse entry or evict any person from the Event site who does not comply with these Event Terms, the Merchant Terms, the Event rules or who engages in an illegal activity or activity deemed in the Promoter’s sole discretion to be antisocial (including without limitation, being affected by alcohol or drugs). 4. Patrons will be removed from the Event site if, in the opinion of the Promoter, they behave or act in a threatening or inappropriate manner, including without limitation, any aggressive, riotous, abusive, offensive, racist, sexist or insulting actions towards other patrons, Event staff or any other persons working at or attending the Event. 5. Patrons are required to follow the reasonable directions of the Promoter and Event staff at all times. 6. Vehicles entering the campground in Lorne and Byron or car park in Byron must display a Vehicle Entry Pass pre-purchased from the Event’s ticketing provider. The pass must be displayed as per terms and conditions printed on the pass or as detailed on the Event’s website. 7. As part of the Event’s liquor licensing regulations, Patrons are strictly prohibited from bringing alcohol into the Event (including camping areas). The Promoter reserves the right to search all vehicles and bags on arrival or at any time deemed necessary during the Event and may eject or refuse entry in to the Event to Patrons who are found with alcohol or prohibited/banned items. Alcohol will only be available to purchase at the Event for Patrons over 18 years old with valid photo ID. 8. Refunds for Patrons refused entry into or who are ejected from the Event will not be issued. 9. Tickets must be treated like cash. Tickets are not refundable and will not be replaced or refunded if lost, stolen or damaged, except as required by law or as otherwise specified by these Event Terms, the Merchant Terms or by the Promoter from time to time. Damaged or defaced tickets will not be accepted. Do not share your ticket barcode with anyone else or you may be denied entry. Tickets purchased from a source other than the official ticket merchant will not be honoured at the Event. 10. The Promoter reserves the right to change the Event program and artist line-up and vary the Event date or venue at its discretion without prior notification. The Promoter is not liable for any loss, injury, damage or compensation, as a result of the Event being cancelled, postponed, relocated or changed for whatever reason. If the Event is cancelled in whole or in part by act of God, extreme weather, act of war, industrial dispute or for any event outside of the control of the Promoter then refunds shall be at the Promoter’s absolute discretion. 11. No ticket refunds or compensation will be made in circumstances where the Event program varies due to the non-appearance of an advertised artist. The Event will take place rain, hail or shine. 12. The Promoter is not responsible or liable for any unattended, lost or stolen items. Patrons agree to enter the Event site at their own risk and shall be responsible for their own property and personal items. 13. The sale or attempted re-sale of a ticket by the Ticket Holder (including via on-line auction sites, unauthorised ticket resellers or ticket scalpers) without the prior consent of the Promoter is prohibited. If a ticket is sold or used in breach of these Event Terms, the Promoter retains the right to: cancel the ticket without a refund, refuse entry to or eject the Ticket Holder from the Event and/or commence legal proceedings. Should the Promoter offer a resale facility this will be the only legitimate way to on-sell any unwanted tickets. Use of tickets for or in conjunction with any advertising, promotion, marketing or competition is strictly prohibited. 14. The Event name (and variations) is a registered trademark of the Promoter and protected by law. The name, logo, images, tickets or other works and materials associated with the Event cannot be used in any way (including promotions, advertising and ticket giveaways or for any commercial purpose) unless authorized by the Promoter in writing. 15. Age Restrictions that apply to the Events are as follows: a. The Lorne Event is strictly 18+. No Children Under 18 are allowed, no exceptions. b. The Byron Event is strictly 18+. No Children Under 18 are allowed, no exceptions. c. The Fremantle Event is strictly 18+. No Children Under 18 are allowed, no exceptions. d. The Marion Bay Event is all ages and children 12 years and under will be admitted free of charge. Children and Ticket Holders aged under 18 years of age must be accompanied by a ticket holding parent, adult legal guardian or adult eligible carer aged 25 or older, when entering the Event and at all times whilst at the Event. Children and Ticket Holders not accompanied by a ticket holding parent, adult legal guardian or adult eligible carer aged 25 or older will be denied entry into the Event or removed from the Event. People other than a parent or legal guardian can be an eligible carer if the child (U18 ticketholder) is in the person’s care with the written consent of the parent or legal guardian. Carer’s should keep a copy of the written consent on their person to provide verification of consent. All minors, their parent and/or adult guardian must abide by the Event’s Youth Policy for the Marion Bay Event. 16. The Ticket Holder must comply with the law at all times during the Event. Proof of age identification is required to buy and consume alcohol and may be requested at any time. All Ticket Holders will be required to present proof of age ID when entering the Events. 17. Purchasing alcohol for a minor is illegal. Underage drinkers, excessive drinkers, illegal drug users or patrons displaying antisocial behaviour may be ejected from the Event (at the Promoter’s discretion) or be dealt with by police. Uniform and undercover police will be in attendance at the Event. 18. Possession, sale or use of illegal drugs or illicit substances is strictly prohibited at the Event. Any persons found with illegal drugs or illicit substances in their possession may be removed from the Event site and be subject to Police action. 19. There are no vehicle pass outs from camping grounds during the Event. Vehicles must be parked in approved areas and drivers must follow the direction of Event staff. Cars parked in unauthorised areas surrounding the Event site may receive a fine and be towed away. Local council by-laws prohibit camping on public land and the consumption of alcohol and sleeping in cars on public land. Check www.fallsfestival.com for transport, parking and directions. 20. Patrons must follow the direction of Event staff regarding areas for parking of vehicles and setting up campsites. Any vehicle or campsite which encroaches on any campground emergency access lanes may be towed and/or removed by the Promoter (at its discretion as deemed necessary for Event safety), at the Patron’s cost and expense. 21. Patrons must not cause damage to, improperly use or tamper with any public facility or Event infrastructure or cause any damage to flora and fauna on or surrounding the Event venue or enter any onsite bodies of water. Patrons must not remove or attempt to remove any item or object from the Event venue or surrounding area. Patrons accept full liability and responsibility for any loss or damage caused in contravention of this clause or these Event Terms. 22. The following items (without limitation) are prohibited and cannot be brought on to the Event site: animals (with the exception of registered guide dogs and service animals), alcohol, glass, illegal substances, drones, selfie sticks, lasers, flares, fireworks, sparklers, flammable items, explosives, BBQs, gas bottles and butane cylinders, large furniture items, protest and political paraphernalia and banners, professional sound systems, video & tape recording devices including GoPro’s, umbrellas, bicycles, skateboards, scooters, any motorised vehicles, boogie boards, knives, anything that could be used as a weapon or any other item deemed by the Promoter or Event staff (in their discretion) to be dangerous or offensive or potentially dangerous. Ticket Holders and their property may be searched for prohibited items upon entry to or during the Event. Ticket Holders found with prohibited items or who refuse to make their clothes, bags, containers, vehicles or other possessions available for search by the Promoter, may be refused entry to the Event, ejected and/or have the prohibited items confiscated. Confiscated items will not be returned, replaced or reimbursed. For a full list of banned and prohibited items, please visit www.fallsfestival.com. 23. Camping space is limited and large campsites (in the sole opinion of the Promoter) are not permitted. Patrons may be asked to reduce their camping set up if it is deemed too large. Tent and camping equipment must only be set up in an approved camping area and Patrons must follow the direction of Event staff. Patrons may not choose their campsite, and campsites may not be located near your car. At some Event sites, the campsites may be located on the Event site or elsewhere offsite. Camping tickets do not specify the location of Patron campsites. If Patrons wish to camp with friends who are also camping ticket holders, they must arrive together and set up camp together. Where Camping tickets are sold for the Event, these allow camping in an approved Event campsite only for the days for which the Event ticket is valid. Camping tickets do not grant access to the Event; a separate Event Ticket is required to enter the Event. 24. Tickets MUST be exchanged for a wristband once arriving to the Event site. Wristbands that are removed from wrists or tampered with will be rendered invalid and will not be replaced. The Promoter reserves the right to deny admission to the Event to any person holding a ticket that appears to be tampered with, counterfeited or duplicated. Anyone found on site without a valid wristband or accreditation will be deemed to have trespassed and will be evicted from the Event site and may be handed over to the Police. 25. Patrons acknowledge that there may be restricted capacities at some of the Event stages or venues, and ticket purchase does not guarantee entry to these areas in such circumstances. Once it is determined by the Promoter (at its sole discretion) that the maximum capacity has been reached in these areas, there will be no further admissions. 26. The Promoter reserves the right to enforce published ticket purchase limits and cancel any tickets obtained above said limits by any one customer. 27. The Event site is an area of TOTAL FIRE BAN. Patrons detected using a flame including but not limited to camp fires, gas bottles, butane cookers, flares, sparklers, fireworks or fire twirling paraphernalia may be fined up to $5000 by the Tasmanian Fire Service (TAS), Country Fire Authority (VIC) Rural Fire Service (NSW) Department of Fire & Emergency Services (WA) and ejected from the Event. 28. Empty plastic/reusable bottles may be brought into the Event precinct for refilling from water stations. 29. Audio or visual recordings of the Event and performers and artists at the Event are prohibited. Still cameras (not professional) are permitted but images may be used for private purposes only, not for public display or for commercial use. Professional Cameras (including drones) cannot enter or be used in the Event site or surrounding campsites without written consent of the Promoter. 30. Ticket Holders consent to their inclusion in official photographic, film and other visual and audio recordings of the Event by the Promoter and/or any of its authorised representatives and contractors and grant the Promoter the right to use such photos and recordings for promotion, marketing and any other purpose without restriction. 31. It is a condition of purchase that the Ticket Holder consents to the Promoter collecting and retaining their personal information in accordance with its Privacy Policy (located on the Event website) and the Privacy Act 1988 (Cth). 32. Tickets are non-refundable and non-exchangeable, except as required by law &/or specified by the Live Performance Australia Ticketing Code of Practice. Incorrect purchases and/or refusal of entry due to not having valid ID for admission to the Event or otherwise, or being ejected from the Event DO NOT qualify for a refund or exchange. 33. There will be no refund of any unused portion of an Event Ticket if you are asked or forced to leave the Event for any of the reasons set out in the Event Terms or if you decide not to attend the Event. 34. Entry to the Event is at the Ticket Holder’s own risk. Without limiting the generality of the foregoing, appropriate footwear and clothing must be worn at all times at the Event. Ticket Holders must not mosh, crowd surf or stage dive. The Promoter recommends that due to noise levels, ear plugs should be carried/worn by Patrons. To the extent permitted by law, the Promoter takes no responsibility for any hearing damage or loss caused by excessive noise or any injury caused by the Ticket Holder’s failure to follow the Promoter’s directions or Event rules. Offensive language may be used by performers. 35. In the event of Patron injury or illness, the Promoter may at its discretion, and at the cost of the Patron, arrange medical treatment and/or emergency evacuation as deemed essential or necessary for the safety of the Patron (and/or other Patrons at the Event). 36. To the fullest extent permitted by law, Ticket Holders waive all legal rights of action against and fully release the Promoter, its directors, officers, agents, employees, contractors and volunteers from and against all claims for compensation, expense, loss, damage, injury or death suffered or incurred howsoever arising out of or in relation to the Ticket Holder’s attendance and participation in the Event including without limitation, liability for any negligent or tortious act or omission on the part of the persons released or under statute or for breach of these Event Terms. Patrons agree to indemnify the Promoter, its directors, officers, agents, employees against any loss, damage or expense suffered or incurred by the Promoter as a result of any negligence or breach of these Event Terms by the Patron. 37. In the case of an emergency or serious injury, Patrons must follow all official directives of the Promoter or Promoter’s authorized staff and personnel. 38. Ticket Holders agree to be respectful to the environment at the Event site, campgrounds and surrounds, and agree not to litter, to use public toilets (not bushlands or surrounding areas), not damage flora and fauna, and not interfere with local wildlife. 39. The Promoter may novate its rights and obligations under these Event Terms to any person nominated by the Promoter. Any novation will be effective on the date specified in a written notice via the Event website www.fallsfestival.com and from such effective date the new party will assume all rights and obligations of the Promoter and the Promoter will be released from all rights and obligations under these Event Terms. 40. Any provision of these Event Terms which is or becomes unenforceable shall not invalidate the other provisions of these Event Terms. 41. The laws of the state of Victoria applies to these Event Terms and the Promoter and the Ticket Holder submit to the jurisdiction of the courts of Victoria with respect to any proceedings arising out of or relating to the Event. IMPORTANT PLEASE READ: You must agree to these Terms and Conditions to purchase tickets. Moshtix may, without notice, invalidate any tickets that are believed to be in breach of these terms and conditions, and no refund, replacement or compensation will be offered. 1) THIS EVENT MAY BE SUBJECT TO AGE RESTRICTIONS. IT IS YOUR RESPONSIBILITY TO CHECK THE EVENT PURCHASE PAGE FOR CONFIRMATION OF ANY AGE RESTRICTIONS. • If this event is classified as an 18+ event, you will be required to present a legal form of photo ID at the event entry, such as a current Australian driver’s license (international driver’s licenses won’t be accepted), State Approved ‘Proof Of Age’ card or a valid Passport. • If this event is classified as an under 18 event, you are not allowed to attend if you are over the age of 18 years. You will be required to provide valid photo ID to show that you are under 18 years of age. • If this event is classified as all ages, you may attend if you are over the age of 18 years, however this event may be unlicensed, or if it is licensed, you will be required to present a photo ID to access licensed areas. 2) No refunds or exchanges on any ticket except as required by and/or specified by the Live Performance Australia Industry Code of Practice. Incorrect purchases are NOT guaranteed a refund and are at the discretion of the promoter/venue/event organiser. 3) The ability to reissue (change the name on your ticket) or offer your ticket for resale (sell your ticket onto an anonymous buyer) may be available for a nominated fee per ticket, however these services are at the discretion of the event organiser and may be subject to change. To check if either service is available, log into your moshtix account after you have purchased the ticket(s). Should ticket reissues be available, they will conclude prior to the door/gate opening time unless otherwise specified by the event organiser. Should tickets be available to be offered for resale these cannot be guaranteed to be resold. 4) Your electronic ticket is your ticket to the event and must be presented at the event entry to gain entry. Your ticket will be emailed to the email address specified during booking as either a PDF attachment or Passbook link once your credit card has been successfully charged. If you do not receive your ticket(s) you can log in to your moshtix account to either re-send or download a copy. Otherwise, please bring photo ID and the credit card used to purchase the ticket(s) to the event entry gate. 5) At the point of entry the ticket presented must match the FULL NAME and DATE OF BIRTH (where required) specified in your booking history. You will be asked to present a current matching legal form of identification such as, a current Australian or New Zealand driver's license, ’Proof of Age’ card or valid Passport. 6) You may either (A) nominate 1 FULL NAME for all tickets and receive ONE barcoded ticket, in which case everyone must arrive at once in a group. OR; (B) You may Nominate ALL attendee FULL NAMES and DATES OF BIRTH (where required) and receive separate barcoded tickets for everyone, each person may then arrive separately. Each ticket will be emailed separately to the nominated email address. 7) Any tickets purchased in excess of the event ticket/transaction limit may be cancelled at the discretion of moshtix or the event organiser. 8) Each ticket attracts a booking fee, which are inclusive of GST. All tickets and products listed on www.moshtix.com.au are priced in Australian dollars. All tickets and products listed on www.moshtix.co.nz are priced in New Zealand dollars. 9) The event organiser reserves the right to withdraw, reschedule or substitute artist/s and/or vary advertised prices, event times and inclusions without notice. The event organiser reserves the right of admission and to enforce the venue entry conditions set by the venue. 10) Should the event be cancelled or rescheduled, moshtix will contact you via the nominated email address. 11) It is a condition of sale that tickets may not be offered for unauthorised resale, on 3rd party websites such as Ebay or Gumtree. Tickets may not be resold or offered for resale at a premium (including online auction sites) or used for advertising, promotion or other commercial purposes. If a ticket is used in breach of these conditions, it may be cancelled without refund and the ticket bearer may be refused admission. 12) Moshtix provides this ticketing service on behalf of the event promoter/venue/event organiser.

Moshtix Terms & Conditions

MOSHTIX TERMS & CONDITIONS

Last updated: December 2023

Our mission is to make your browsing and purchasing experience easy, fast and fair, so you can get your tickets, non-ticket items, or make registrations as quickly and as fast as possible.

Moshtix Pty Ltd incorporating Moshtix.com and Moshtix.com.au, and Ticketmaster NZ Ltd incorporating Moshtix.co.nz (collectively "Moshtix") operates the Moshtix booking systems and web pages ("Moshtix platform") for events created by third party event organisers ("Event Organisers") in Australia and New Zealand. When you purchase a ticket for an event that is located in New Zealand, then Ticketmaster NZ Ltd (trading as 'Moshtix') will be handling the transaction. When you purchase a ticket for an event that is located in Australia, then Moshtix Pty Ltd will be handling the transaction.

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.

Moshtix also sells non-ticket items, including but not limited to merchandise and gift vouchers on behalf of Moshtix, Event Organisers and third parties ("Non-Ticket Items") and facilitates the resale or return of tickets by ticket purchasers who no longer wish to attend an event subject to the applicable terms and conditions.

The following Terms and Conditions of Use and Purchase Policy ("these Terms") have been created to ensure you are happy with your purchase and that you fully understand the purchase process with the Event Organiser who uses the Moshtix platform, Moshtix powered partner websites and authorised Moshtix retail outlets to promote the Event Organiser's events, sell tickets, sell Non-Ticket Items, make registrations and bookings.

1. General

a) By using or visiting 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.

b) By agreeing to these Terms, you are also agreeing to the Terms of Moshtix Privacy Policy. To read the Privacy Policy click here - https://www.Moshtix.com.au/v2/faq/faq-privacy-policy

c) Moshtix reserves the right to change these Terms at any time, effective immediately upon posting on the Moshtix platform. Any changes to these Terms will only apply to purchases made after these Terms have been updated. To ensure you are aware of the latest and Terms, 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 Moshtix platform

a) You agree that you are only authorised to visit, view and to retain a copy of pages of the 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 (including resale 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, New Zealand 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 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 internet. To the extent permitted by law, where Moshtix has no control over these web sites or the content contained within them, Moshtix cannot and does not 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 which Moshtix does not control, nor do we warrant that such third party site 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 Moshtix platform to obtain search results from, or to link to, another site. If you have a problem with a link from the Moshtix platform, please notify us at help@tixsupport.com and we will investigate the problem you describe in your email and take actions that we deem are appropriate in our sole discretion (acting reasonably).

4. Your Moshtix Account

You are solely responsible for maintaining the security of your user name and password and for all activity that occurs on your account (other than activity that occurs through no fault of your own as a result of any act or omission by us). You shall not permit anyone other than you to use your account. If you become aware or suspect that anyone knows your username and/or password, you should promptly contact us.

You must not create or use multiple accounts with the purpose or intention of circumventing any of these Terms or concealing your identity or other personal details.

5. Unauthorised Use of the Moshtix platform

Illegal and/or unauthorised uses of Moshtix platform, whether for unauthorised ticket sales, unauthorised framing of or linking to the Moshtix platform will be investigated by Moshtix, and Moshtix may take appropriate legal action in respect of any such illegal and/or unauthorised uses of the Moshtix platform reasonably suspected by Moshtix.

You are prohibited from using any software, bots or other technology to circumvent the security, ticket limits or services on the Moshtix platform. There may also be legislation in the territory or state where your event is located which prohibits the use of any software that is used to circumvent the security measures of the Moshtix platform. The penalties for infringing this legislation can be significant and any such activity will be considered a breach of these Terms.

6. 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 Moshtix platform, prevent you from making all future bookings using 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 clauses 5 and 7), in addition to paragraph 6(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.

c) You agree that monetary damages may not provide a sufficient remedy to Moshtix for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

d) Moshtix 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.

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 or otherwise required by law.

7. Moshtix Copyright & Defamation Policy

You may only submit content to Moshtix platform ("User Content") where you have the rights to do so. In particular, you:

a) may not use 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;

b) must ensure that the content you upload does not infringe the copyright or any other rights of third parties (such as privacy or publicity rights); and

c) must not upload any content to the Moshtix platform which is defamatory, obscene or otherwise infringes any law.

8. Disclaimers

a) Moshtix does not by these Terms (including by this clause 8) exclude any rights and remedies in respect of goods or services under the Australian Consumer Law (where your event is located in Australia) and the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (New Zealand) (where your event is located in New Zealand), 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 Moshtix platform whether based in statute, common law or otherwise to the fullest extent permitted by law. To the fullest extent possible, the following paragraphs of this clause 8 will apply.

b) 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.

c) the Moshtix platform and its content are delivered on an "as-is" and "as-available" basis.

d) 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.

e) Moshtix will not be liable for any damages of any kind arising from the use of Moshtix platform, including without limitation, direct, indirect, incidental, and punitive and consequential damages.

f) To the fullest extent permitted by law, Moshtix makes no guarantee of any specific result from use of the Moshtix platform or use of Moshtix service.

g) To the fullest extent permitted by law, 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 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 8, 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 help@tixsupport.com. Moshtix may investigate the claim and take appropriate action, in its sole discretion.

9. Age Restrictions and Proof of Identity

EVENTS MAY BE SUBJECT TO AGE RESTRICTIONS. IT IS YOUR RESPONSIBILITY TO CHECK THE EVENT PURCHASE PAGE FOR CONFIRMATION OF ANY AGE RESTRICTIONS AND REQUIREMENTS.

At the point of entry for an event, to obtain admission, you may be required for compliance with licensing regulations and/or under the event specific terms to present your ticket and a matching legal form of identification, (e.g. a current Australian driver's licence or State Approved 'Proof Of Age' card (where your event is located in Australia) or New Zealand driver's licence or 'Kiwi Access' card (where your event is located in New Zealand) or a valid Passport).


If the event is classified as an 18+ event: you will be required to present a legal form of photo ID (as described above) at the event entry.
If the event is classified as an under 18 event: you are not allowed to attend if you are over the age of 18 years. You will be required to provide valid photo ID (as described above) at the event entry to show that you are under 18 years of age.
If the event is classified as all ages: please note that the event may be unlicensed, or if it is licensed, you will be required to present a valid photo ID (as described above) to access licensed areas.

10. Exchanges, Refunds

Before purchasing tickets carefully review your event and ticket selection, no refunds or exchanges will be available on any purchase except as required by and/or specified by the Live Performance Australia Ticketing Code of Practice Consumer Code (where your event is located in Australia) or as otherwise required by law. Refunds for a change of mind or mistaken purchase by you are NOT guaranteed and are at the discretion of the promoter/venue/event organiser. Where, at the time of purchase, you elect to purchase a Secure Ticket, enhanced refund rights described in the Secure Ticket Terms and Conditions will also apply, subject to the requirements outlined in those terms. Secure Tickets may not be available for all events.

Some Event Organisers elect to use their own merchant facility for processing payments, rather than Moshtix's merchant facilities, so that payments are made directly to the Event Organiser and not received by Moshtix. Where this occurs you will be refunded any refunds provided to you in accordance with these Terms directly by the Event Organiser, and Moshtix will work with the Event Organiser to arrange this, but Moshtix will have no responsibility or liability for such refunds .

Unless required by the Australian Consumer Law in Australia or the Consumer Guarantees Act 1993 or Fair Trading Act 1986 in New Zealand, delivery fees are upfront charges for expenses incurred by Moshtix and will not be refundable for events where a ticket refund is payable.

Nothing in these Terms is intended to exclude, modify or limit the operation of the Australian Consumer Law (including the consumer guarantees contained therein) or Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (New Zealand) with respect to refunds.

11. Ticket Return

The Event Organiser may in its sole discretion instruct Moshtix to offer a Ticket Return facility which provides an option for ticketholders to request a conditional refund. The functionality, timing of availability, any fees payable and applicable terms and conditions in relation to the use of any such facility will be as determined by the Event Organiser and Moshtix and communicated prior to or at the time such facility becomes available.

Where you request a Ticket Return, we will add your ticket to the tickets we are listing for sale at the then current price for tickets of that type (which may be different to the price paid by you). If your returned ticket is purchased by another consumer, we will refund to you the price you paid for the ticket (excluding any transaction, delivery and optional ticket upgrade fees) less the Ticket Return service fee specified on the request page.

You may remove your ticket from Ticket Return at any time before the Ticket is sold.

Requesting a Ticket Return does not guarantee that a refund will be provided. If your returned ticket is not purchased by another consumer, you will retain your ticket and you will not receive a refund (except as provided in clause 10 above, or as otherwise required by law).

Once you receive the refund (less the Ticket Return service fee) you will have no further rights in respect of that ticket (unless required by applicable law).

12. Reissue

Event Organisers may require that you provide the name and other information for any guests who will use tickets purchased by you to attend an event. You may be able to change the name on a ticket (or tickets) purchased by you for certain events, for the purpose of allowing a guest to use a ticket that you have purchased. We refer to this as reissuing a ticket. The ability to reissue may be available for a nominated fee per ticket, however these services are at the discretion of the Event Organiser and may be subject to change. To check if reissue is available and the applicable fee for reissue, log into your Moshtix account after you have purchased the ticket(s). Should ticket reissues be available, they will conclude up to 48 hours prior to the door/gate opening time unless otherwise specified by the Event Organiser. The new attendee's name, email and date of birth may be required when reissuing a ticket. There will be a maximum of two (2) reissues permitted per ticket unless otherwise specified. When you reissue a ticket to a guest, you are responsible for arrangements with those guests to use the ticket you have purchased. When a ticket is reissued, the reissued ticket will have a new barcode. Accordingly, if you request a reissue more than once in respect of a ticket, all previously issued tickets (and associated barcodes) will be cancelled and only the most recently reissued ticket will be valid for entry. You must inform any person holding a cancelled ticket of that fact. It is a breach of these terms and may be a breach of law if you reissue a ticket to a person and then subsequently reissue the ticket to another person without notifying the first recipient.

The Agreement and the associated rights and obligations in respect of the ticket remains between Moshtix (on behalf of the Event Organiser) and you. If an event is cancelled or rescheduled, only the original purchaser of a ticket that is subsequently reissued will be entitled to any available refund. Moshtix will only deal with the original purchaser of a reissued ticket in respect of all matters relating to the ticket and the event for which it is issued. As the original purchaser of a ticket, it is your responsibility to keep all the recipients of your reissued ticket updated with any information Moshtix provides to you.

To the extent permitted by law (including, without limitation, the Australian Consumer Law), any liability Moshtix or the Event Organiser may have in connection with a ticket will only be owed to the original purchaser of the ticket and not to any recipient to whom that ticket may have been reissued.

13. Ticket Resale

We may offer a Ticket Resale facility which allows ticketholders who purchased a ticket from Moshtix to make the ticket available for purchase by another fan. The Ticket Resale facility may not be available for all events. We reserve the right to make the Ticket Resale facility unavailable or to make any changes to the operation of the Ticket Resale facility at any time, which will not apply to any tickets already made available for purchase through the Ticket Resale facility before any such change or unavailability of the facility.

14. Ticket Limits

When purchasing tickets on Moshtix, you are limited to a maximum number of tickets per transaction. Any tickets purchased in excess of the event ticket/transaction limit specified in the ticket selection dropdown on the event page on the Moshtix website, or at an authorised Moshtix retail outlet at the point of sale may be cancelled at the discretion of Moshtix or the Event Organiser.

15. Pricing and Ticket Availability

Moshtix sells tickets and Non-Ticket Items on behalf of Event Organisers and other third parties which means Moshtix does not determine the ticket prices, booking fees, postage and handling fees (if posted tickets are an option). Each purchase may attract a service fee, which is inclusive of GST and booking fees. All tickets and products listed on www.Moshtix.com.au are priced in Australian dollars. All tickets and products listed on www.Moshtix.co.nz are priced in New Zealand dollars.

Event Organisers may change prices at any time before purchases of tickets or Non-Ticket Items are made. Prices may vary for different ticket allocations, for promotions, special offers for presale customers, and Event Organisers may adopt a flexible pricing model and adjust prices to reflect demand at any time. Unless required by applicable law, you will not be entitled to a refund or credit if (i) the price you paid for a ticket was at any time before you purchased your ticket less than the price you paid; or (ii) the price of any other ticket to the relevant event (whether in the same location or price category or otherwise) is subsequently reduced after you purchase your ticket.

16. Delivery of tickets

One or more of the following delivery options may be offered for your ticket order through the Moshtix platform. The applicable proof of identity requirements set out in clause 9 apply regardless of the delivery of ticket method used.

If you have not received your tickets within 48 hours of the event you can log in to your Moshtix account to either re-send, download a copy, or contact Moshtix support by submitting a request https://tixsupport.Moshtix.com.au/hc/en-us/requests/new or by email help@tixsupport.com.

Please note that for some events, the event information and your ticket order confirmation will specify that tickets will not be issued or dispatched until a specified time, which may be closer to the time of the event. This can help reduce unlawful resale of tickets. In these cases, Moshtix will not be required to issue or dispatch the tickets until the specified time.

By "email" option: The Moshtix platform provides an opportunity for you to provide your email address and we will deliver your digital ticket to that email address. You are not required to print your ticket(s), you can present the electronic PDF version of the ticket to be scanned directly from your mobile or tablet device.

By "SMS" option: you may opt to receive your ticket(s) by SMS to the mobile number you provide at the point of purchase. If you select this option, Moshtix will send a link to the digital ticket(s) to your mobile number. This option will incur a fee payable in relation to the order when you purchase your tickets and all tickets in that order will be delivered by SMS.

Moshtix may offer you the option to add digital tickets delivered by email and SMS

to ticket wallet applications via mobile phones, tablets and other devices.

By "Post" or "Registered Post" option: Please ensure you supply the correct billing and delivery address information for ticket orders as incorrect details will delay processing and delivery. Moshtix and Event Organisers do not post to PO Boxes. 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 Moshtix or the Event Organiser.

The delivery options that attract delivery fees for an Event and the applicable fee for each option, are displayed on the Moshtix platform during the purchase process.

17. Cancelled Events

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.

If an event is cancelled or postponed, refunds will be determined by the Event Organiser. If a refund has been confirmed by Moshtix or the Event Organiser then the following refund methods will apply

I. If you booked online or by phone using a credit card, Moshtix will arrange for a refund to the credit card used for purchase within 14 days of notifying you that a refund for this event applies.
Some Event Organisers elect to use their own merchant facility for processing payments, rather than Moshtix' merchant facilities, so that payments are made directly to the Event Organiser and not received by Moshtix. Where this occurs you will be refunded directly by the Event Organiser, and Moshtix will work with the Event Organiser to arrange this, but Moshtix will have no responsibility or liability for such refunds.

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 help@tixsupport.com providing details of the event and point of purchase and any other information as reasonably requested by Moshtix to allow Moshtix to arrange a refund. If you request a refund from an authorised Moshtix retail outlet other than the original point of purchase, Moshtix will use reasonable endeavours to provide you with a refund as soon as practicable, however, refunds may take longer than refunds conducted through the original outlet.

III. If you purchased the ticket(s) independently of Moshtix platform or an authorised Moshtix retail outlet, you will need to return the tickets directly to the place where you purchased the tickets.

Moshtix takes no responsibility for tickets not purchased through the Moshtix platform (the Moshtix platform includes web pages, call centre, authorised Moshtix retail outlets). Should the event be cancelled or rescheduled, Moshtix will contact you via your nominated email address. It is your responsibility to keep your contact details up to date.

18. Scalping

Tickets may not be resold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes. If a ticket is used in breach of this condition, it may be cancelled without refund and the ticket bearer may be refused admission.

The validity of any ticket offered for resale on 3rd party websites such as Viagogo, Facebook, Ebay or Gumtree cannot be guaranteed.

19. Other terms

Event Organisers may reserve the following rights:
1. Latecomers to an event may not be admitted until a suitable break in the event.


2. Opening acts or guests may sometimes tour with headlining performers. These opening acts are subject to change or cancellation at any time without notice. Ticket holders will not be entitled to a refund if an opening act is changed or cancelled.

Event Organisers generally reserve the right to add, withdraw or substitute such artists and vary advertised programs or set lists, seating arrangements and audience capacities.

3. Event Organisers may be required by, or reasonably decide as a result of, Government directions, orders or regulations to reduce the number of persons who may attend an event, change your seating allocation, change any standing or seating configurations for attendance at the event, or change the entry requirements for the event to reflect updates to Government directions.

4. Unless required by applicable law, refunds will not be required as a result of the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities. (other than where a change in audience capacity results in the cancellation of your ticket).

5. Event Organisers may also append their own terms and conditions to these Moshtix Terms and such additional terms are displayed and agreed to by the purchaser during the booking process.

If you have a query in relation to these Terms, please contact Moshtix via the contact details

Email: help@tixsupport.com
Contact Address: PO Box 1272, Darlinghurst, NSW, 1300

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