TERMS AND CONDITIONS OF SALE
The use of “we”, “us”, “our” or “DUSA” in this document refers to Deakin University Student Association Inc. and our personnel.
DUSA Ticketing Platform provides DUSA related event managers (“Event Holders”) with a service that allows them to sell tickets (“Tickets”) to events held or managed by those Event Holders (“Events”).
DUSA Ticketing Platform will permit you, the customer, to place orders and pay for orders for Tickets in respect of Events.
Your use of the Service and your purchase of Tickets is governed by the terms and conditions set out below (“this Agreement”). This Agreement forms a binding legal agreement between you and DUSA. You should read the terms and conditions of this Agreement carefully.
You will be bound by this Agreement,
- by signing a document agreeing to be bound by this Agreement
- Clicking a button on your digital device (smart phone, tablet, computer) including your acceptance of this Agreement, or
- by proceeding to purchase any Tickets, Merchandise or Vouchers through the Service,
You will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.
DUSA Ticketing Platform will provide you with the following (“Service”):
- A secure payment facility to enable you to pay for Tickets for Events held by DUSA or DUSA related entities.
- The supply and delivery to you of Tickets that you have purchased if required. Such Tickets if required will be delivered in an electronic PDF format nominated by you at the time of purchase that will either be to print the Ticket as displayed to you on screen, send you an email containing the Ticket as an attachment or send your Ticket to you as an SMS to your mobile phone.
The above Service constitutes DUSA’s only obligations to you in respect of the supply of Tickets
DUSA may refuse to sell or supply any Tickets to you at any time in its sole and absolute discretion including, without limitation:
- Where you use the Service in an illegal, fraudulent, offensive or unethical manner
- Make any use of the Service which in DUSA’s sole opinion is likely to bring DUSA into disrepute
- To affect the use of the Service by other DUSA customers.
CONDITIONS OF SALE
The following conditions apply to the sale of Tickets and to your attendance at an Event:
- Tickets must be paid for by credit card or other alternate payment methods offered by DUSA Ticketing Platform from time to time.
- A purchase will not be processed unless you correctly provide all information requested by DUSA at the time of purchase.
- DUSA may charge a fee for the replacement of Tickets that are lost or stolen. DUSA will be under no obligation to replace general admission Tickets (which are Tickets where seating is not allocated).
- The right of admission is reserved and is subject to the Event Holder’s and the respective venue’s terms of admission, copies of which may be obtained from the Event Holder. Late arrival may result in admission to the Event being refused.
- If a discounted Ticket is purchased, you may be required to provide valid identification to substantiate any concession at the time of entry to the relevant venue.
- The Event may ban cameras, audio and video recording equipment.
- A DUSA photographer / videographer may be present at events, if you do not want any images of you published then you must advise the photographer / videographer of your preference not to be photographed or filmed.
- It may be a condition of entry to individual Events that a search of person and / or their possessions will be required at the time of the entry to the relevant venue.
- Entry may be refused to an Event if Tickets are damaged or defaced in any way or are not purchased from DUSA Ticketing Platform or other authorised points of sale.
- You must not, without the prior written consent of DUSA or the Event Holder, resell or offer for sale any Tickets you have purchased at a premium to their purchase price. You cannot resell the Tickets on an online auction site. If a Ticket is sold or used in breach of this condition, the Ticket may be cancelled without a refund and the holder of the Ticket may be refused admission to the Event.
- In addition to the price, you pay for Tickets you may be required to pay certain fees and charges that DUSA imposes from time to time including, without limitation, any booking fees or handling charges.
- GST and other taxes may apply to the sale/purchase/payment of Tickets, Merchandise or Vouchers. Unless otherwise stated at the time of payment, the prices of Tickets will be inclusive of GST and other applicable taxes.
- There is no refund or exchange on any Ticket except as required by law and as otherwise specified by the Event Holder. If a refund is made, DUSA to the extent permitted by law may retain any booking fee or other fees and charges that DUSA has charged you.
- You acknowledge that the Event Holder may add, withdraw, reschedule or substitute artists, acts, entertainment, and/or vary advertised programs, prices, venues, seating arrangements and audience capacity.
- You acknowledge that the resale of Tickets in certain circumstances may breach certain laws (including, without limitation, laws related to scalping).
- Deakin Students attending events conducted by DUSA or any DUSA affiliated Clubs or Societies are bound by the Deakin University Student Code of Conduct (Code). Breaches of the Code may be reported to Deakin University who may commence General Misconduct proceedings.
- The venue where an event is conducted has the absolute right to refuse entry to any person for any reason. No action can be taken against DUSA in the event this occurs.
LIABILITY AND DISCLAIMER
Tickets are sold/provided by DUSA on behalf of the Event Holder. Any legal agreement or contract in relation to the sale of Tickets (“Supply Agreement”) is between you and the Event Holder. DUSA’s only obligation to you in respect of an Event is the provision of the Service in accordance with this Agreement.
You agree that DUSA will not be liable or responsible to you for any act, omission or negligence in connection with an Event nor for any act, omission or negligence of the Event Holder in any way whatsoever including, without limitation:
- Any failure of the Event Holder to fulfil any other obligation to you, including, without limitation, any obligation arising under any law.
- Any failure of the Event Holder to honour any representations, warranties, undertakings or fulfil their other obligations in respect of the Event
- Any failure of the Event Holder to comply with the terms of the Supply Agreement.
You acknowledge that DUSA has made no warranties that the Service will be error free.
You agree that DUSA will not be liable or responsible for any failure in, or delay to, the provision of the Service or in DUSA complying with its obligations under this Agreement where such failure or delay has arisen as a direct or indirect result of:
- a significant demand being placed on DUSA Ticketing Platform services which is above the usual level of demand and which results in a failure of DUSA Ticketing Platform software and hardware to function correctly;
- fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
- denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
- the failure of any third party (including without limitation, any bank or other financial organisation) to fulfil any obligations to DUSA; or
- any other circumstances or event similar to the above which are beyond the reasonable control of DUSA
You acknowledge that DUSA has not made and will not make any express or implied warranties in relation to the Service or any other goods or services provided by DUSA under this Agreement, other than those warranties contained in this Agreement. Subject to the following, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded.
Subject to the following, you agree that DUSA will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to:
- any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Service or the provision of any other services under this Agreement and whether as a result of any breach or default, by DUSA
- The maximum liability of DUSA under this Agreement for all breaches of this Agreement will not exceed the total amounts paid by you for any Tickets
If the Trade Practices Act 1974 (Cth) (or analogous legislation) applies to this Agreement and permits the limitation of liability for breach of warranty implied by statute, the liability of DUSA is limited, at the option of DUSA to:
- in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again
Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of DUSA. This will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by statute.
DISPUTES, QUESTIONS, CONCERNS
If you have any concerns or issues relating to your use of the Service or the supply of Tickets by DUSA, please contact us at firstname.lastname@example.org
This Agreement is governed by the laws of the State of Victoria, Australia. You agree that you submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia in respect of any dispute arising under this Agreement.