Tixel Pty Ltd (ACN 625 710 581) (Tixel, we, us, our), owns, operates and maintains this Website and the content contained therein, and asserts copyright in such content.
By creating an Account, using the Services or accessing or using the Website or an Account, the User agrees to be bound by these Terms. Should the User object to any of our Terms or other notices on the Website, as amended or updated from time to time, the User’s sole option is to immediately cease use of the Website and the Services.
We reserve the right to change these Terms at any time by publishing such updated terms on our Website. This may include changes needed to reflect changes to the Law, changes to our terms of supply, or changes to the Website or Services or to their features or functionality. The User’s continued use of the Services or Website constitutes the User’s acceptance of these Terms as amended from time to time. If there is a conflict or inconsistency between these Terms and any changed terms, the changed terms will prevail to the extent of the conflict or inconsistency.
If the User does not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have, including taking any action in the future.
Unless otherwise defined, capitalised words used in these Terms have the following meaning:
‘Account’ means an account established with us pursuant to these Terms by a User, through the Website or otherwise;
‘Buyers’ has the meaning given in clause 1.1 of these Terms;
‘Event’ means the event, activity or spectacle to which a Ticket relates;
‘Event Organiser’ means the person or entity responsible for organising the Event;
‘Law’ means any applicable law, regulation or legal, judicial or administrative process, an order of a court, or the rules of a government authority, a semi-government authority or judicial body, or pursuant to an audit or examination by a regulator, including the listing and other rules of a recognised stock exchange;
‘Listing’ has the meaning given in clause 1.1 of these Terms;
‘Sellers’ has the meaning given in clause 1.1 of these Terms;
‘Services’ has the meaning given in clause 1.1 of these Terms;
‘Ticket Provider’ means the original person or entity from whom the Ticket was purchased by the Seller;
‘User’ and ‘the User’ means any person who uses the Website or any of the Services and any person who accesses or uses the Website or Services on behalf of that person, and includes Buyers and Sellers; and
Website means tixel.com including all password protected areas and subdomains of such website and all related top-level domains, mobile sites, apps, APIs and widgets.
1.1 Tixel operates the Website as an online platform and marketplace to facilitate communication between Users who wish to sell tickets (Sellers) via a listing on the Website (Listing) and other Users who wish to buy Tickets (Buyers). Tixel’s services are limited to making the Website available in accordance with these Terms and all other services made available by Tixel to Users on or through the Website or otherwise (Services).
1.2 While the Services may include the provision of a waitlist for a particular Event, Tixel makes no guarantee that it will send updates to or otherwise notify Users who have elected to join such waitlist.
1.3 Tixel’s Services are limited to tickets which meet the requirements set out in clause 5.8 of these Terms (Ticket).
1.4 While Tixel uses reasonable efforts to validate the authenticity of each Ticket and Listing, it does not warrant the authenticity or validity of Tickets or that the Ticket has not been cancelled by the Event Organiser or Ticket Provider. Further, Tixel makes no representations as to the success or the likely success of any sale or proposed sale of a Ticket.
1.5 Tixel does not endorse, approve or induce the sale and purchase of Tickets in breach of any third party terms and conditions and does not encourage any non-compliance with contractual terms imposed by such third party.
2.1 Tixel grants the User a non-exclusive, non-transferable, right to access the Website and to use the Services in accordance with these Terms.
2.2 Users must not:
2.3 A User’s right to use the Services under these Terms shall automatically terminate if that User breaches any of these Terms. Upon termination, the User must cease using the Services, they will have no right to view the Website, and any downloaded materials in that User’s possession or control, whether in electronic or printed format, must be permanently destroyed.
2.4 Tixel may in its sole and absolute discretion and without notice to Users:
2.5 Users must not, in connection with the use of the Website:
2.6 Users must obey any lawful directions or instruction from Tixel in using the Website and the Services.
2.7 Users consent to Tixel’s use of transaction monitoring and fraud detection techniques to ensure the integrity of the Website.
3.1 In order to commence selling Tickets via the Website, a Seller must first register a personal, individual Account by creating a username and a password and by providing such information as may be required by Tixel from time to time. If required by Tixel to verify an Account, Tixel may also require a User to provide an official form of identification.
3.2 Account names must not be misleading or deceptive, offensive, or in violation or any Law or third party rights.
3.3 Tixel may, at its sole discretion and for any or no reason, refuse registration of, or cancel an Account.
3.4 Sellers are solely responsible for activity on the Account and shall be responsible for maintaining the confidentiality of their Account password. The sharing of an Account with a third party is expressly prohibited.
4.1 Prior to listing Tickets, Sellers should carefully consider the legal rights and obligations that may arise under these Terms and any other terms which may apply between the Seller and a Buyer arising from the sale of the Tickets.
4.2 The Listing of a Ticket is free of charge for the Seller. The Seller will only be charged fees by Tixel (excluding any additional fees and charges which may be charged for non-compliance by the Seller in accordance with clause 5.9 below) if effective transfer of the Ticket occurs.
4.3 If the Ticket uploaded by the Seller does not display the price paid by the Seller to purchase such Ticket, Sellers must specify the original cost of the ticket which guarantees the same entry or seat class as the Ticket. If required by Tixel, the Sellers must provide, and continue to provide, information regarding any potential charges which may apply to enable a Buyer to use the Ticket, including for example, transfer fees, name change fees or other third party fees.
4.4 Sellers are solely responsible for creating their Listings within the format required by Tixel, and for setting the price for each Ticket. The Seller must set a price which includes all taxes and delivery costs associated with selling the Ticket (other than fees payable to Tixel by the Buyer, which are dealt with in clause 4.6) and which must not exceed any cap imposed by Tixel or any other limit prescribed by applicable Laws or these Terms (Listing Price). Tixel will not be involved in this process and will have no influence over the determination of the Listing Price. To that end, in determining the Listing Price, the Seller should have regard to the amount it expects to receive from the transaction, as well as applicable taxes and charges associated with the transaction, the fees payable by the Seller to Tixel for the Service, and the limits prescribed by applicable Laws in relation to ticket resales.
4.5 Tixel’s Seller fees (i.e. applicable fees and charges payable by the Seller to Tixel for the Services) will be deducted from the Seller’s Listing Price upon sale of the Ticket.
4.6 Tixel’s Buyer fees (i.e. applicable fees and charges payable by the Buyer to Tixel for the Services) will be automatically added to the Listing Price when the Buyer proceeds to checkout to purchase the Ticket through the Website and will together form the final and total sale price payable by the Buyer for the Ticket (Sale Price).
4.7 The content and material related to a Listing shall not contain unauthorised third party intellectual property, or unauthorised material that is subject to other third-party proprietary rights.
4.8 Tixel may, at its sole discretion and for any or no reason, delete, edit, modify, reformat, excerpt, or translate any material or content related to a Listing.
4.9 Unless otherwise approved by Tixel, each Listing will be presented on the Website until completion of the Event.
4.10 Users acknowledge that Tixel may establish general practices and limits concerning use of the Services, including without limitation, the maximum period of time that data or other content will be retained by Tixel and the maximum storage space that will be allocated to a Listing.
4.11 Tixel may, at its sole discretion and for any reason or no reason, terminate and/or remove any Listing at any time without notice to the User.
5.1 By creating a Listing, Sellers are making a binding offer to sell that Ticket to a Buyer who purchases the Ticket for the Sale Price. When a Buyer accepts an offer by purchasing a Ticket through our Website or Services, Sellers are contractually bound to provide a Ticket which meets the requirements set out under clause 5.8(a) of these Terms, for the Sale Price, which can be delivered by one of the methods specified by clause 5.2 below and within the required delivery timeframe in accordance with these Terms.
5.2 Delivery of the Ticket to the Buyer may occur via one of the following methods:
5.3 To the extent that the Seller is responsible for delivery of the Ticket to the Buyer, the Seller must ensure that the Ticket is delivered to the Buyer within 24 hours of purchase by the Buyer, unless the purchase takes place within 24 hours of the commencement time of the Event, in which case the Seller must deliver the Ticket to the Buyer immediately. If the Seller fails to deliver the Ticket to the Buyer within such timeframes, then the Seller acknowledges that Tixel may cancel the transaction and the Seller may be charged additional fees, lose the right to receive payment for those Tickets, or have their bank account debited by Tixel and/or the payment merchant (including by way of chargeback).
5.4 Following publication of the Listing on the Website, Sellers must review the details of the Listing to ensure that it presents a true and correct description of the Tickets in each Listing, including information such as the Event name, location, ticket type, Event date, section and row (if applicable) and any other relevant information associated with the Ticket, the Event and/or allocated seat for the Event e.g. restricted view, family section, age restrictions, no alcohol permitted, concessions or any other restriction or qualification on the use of those tickets. To the extent that such details change, the Seller is responsible for ensuring that the Listing is updated to reflect such change.
5.5 Tixel may prepopulate some of the required fields when a Seller enters the unique identification information of a Ticket during the Listing process for ease of use, however, the Seller remains responsible for ensuring all details in the Listing comply with the requirements set out in these Terms.
5.6 It is the Seller’s responsibility to ensure compliance with any legal restrictions placed on the resale of the Ticket, whether in the Seller’s home city, state, territory or country or in any other city, state, territory or country. Tixel is not responsible for Sellers’ compliance with any such applicable Laws. If resale of the Ticket is not permitted under the original terms of sale or the terms applicable to such Ticket, then the Seller is prohibited from listing it for sale on the Website. Tixel does not accept any liability for Tickets listed in breach of any terms or conditions applicable to such Tickets and Sellers shall remain solely responsible to the relevant parties (including the Event Organiser, Event promoter, Ticket Provider or Buyer) for any consequences of Listing a Ticket in breach of such terms and conditions.
5.7 Failure to provide full and accurate details (including without limitation seat location details and Ticket restrictions) may lead to Tixel or a Buyer suffering loss or damage and Sellers agree to indemnify and hold harmless Tixel and Buyers from and against all losses, liabilities, damages, fines, expenses and costs arising out of or in connection with a Seller’s failure to provide full and accurate details of any Ticket in a Listing.
5.8 Sellers warrant to and for the benefit of Tixel, the following:
5.9 The Seller is responsible for monitoring Ticket inventory and ensuring all Listings are complete, accurate and up to date at all times prior to the Event and are a true, honest and not misleading account of the Ticket. Without limiting any other remedy available to Tixel under these Terms, any fraud on the part of the Seller, failure to fulfil orders (including delivery of the Ticket to the Buyer in accordance with clause 5.3 above) or a breach of these Terms by the Seller may entitle Tixel to undertake or arrange a refund to the Buyer and debit an amount (including any fees associated with such refund) from the Seller’s account.
6.1 Buyers should carefully read the full Listing details for each Ticket before proceeding to purchase the Ticket, including all applicable details of the Listing and/or Ticket such as those matters specified under clause 5.4 of these Terms.
6.2 Buyers should note that not all Tickets sold in a single Listing may be seated together.
6.3 Buyers click to buy a selected Ticket, enter and/or confirm payment information and confirm the purchase of the Ticket. Upon confirming a purchase, the Buyer is contractually bound to buy the selected Ticket for the Sale Price. The Sale Price includes the fees payable by the Buyer to Tixel for using the Services (refer clause 4.6 in Listings and Ticket prices section).
6.4 Buyers must make full payment for a Ticket via the methods offered by Tixel from time to time in accordance with clause 7 of these Terms. Purchases are not complete until Tixel has confirmed receipt or verification of payment and has conducted fraud checks, as required.
6.5 All payments must be made, and will be processed, in the currency specified in the relevant Listing. Unless otherwise permitted by Tixel, after the Buyer’s payment has been processed, the relevant amounts will be released to the Seller the day after completion of the Event.
6.6 Upon receipt of a purchased Ticket, Buyers must inspect the Ticket to ensure that it matches the description in the Listing. If the Ticket does not match the description in the Listing, then the Buyer must notify Tixel within 24 hours of becoming so aware (unless the Ticket is purchased within 24 hours of the commencement of the Event, in which case the Buyer should immediately notify Tixel upon discovery of the issue). Notification to Tixel must occur via such methods and using such forms as may be determined by Tixel from time to time, failing which payment may be released to the Seller.
7.1 Users agree to pay the applicable fees and charges associated with use of the Service, including in relation to the sale and/or purchase of a Ticket.
7.2 For any transaction through the Website, payment will be processed by Tixel’s third party payment merchant, Stripe, and will be subject to the terms and conditions published or made available by Stripe from time to time (Stripe Connect Terms and Stripe Services Agreement ). By agreeing to these Terms or continuing to operate as a User on the Website, the User agrees to be bound by the Stripe Terms. Such terms are as between the User and Stripe and do not in any way affect these Terms. The processing of the Ticket funds, including the collection, holding and release of such funds, will be a matter between the User and Stripe.
7.3 As a condition of Tixel enabling payment processing services through Stripe, the User agrees to provide Tixel accurate and complete information to enable such payments to be processed, including, if applicable, details of a bank account maintained in the relevant country specified by the User when setting up their Account. The User authorises Tixel to share with Stripe such information and transaction information related to the User’s use of the payment processing services provided by Stripe and the User acknowledges that Stripe may require additional identification from Users before they release funds into that person’s bank account.
8.1 If an Event for which Sellers have sold a Ticket via the Website is cancelled and not re-scheduled, any amount paid to Tixel is not refundable. To the extent that the Seller has already received proceeds of the Ticket sale via the Website, it is the sole responsibility of the Seller to arrange a refund to the Buyer, including by completing all steps necessary to obtain such refund or amount from the original Event Organiser or Ticket Provider and the Seller indemnifies Tixel for any loss suffered or incurred by Tixel in connection with such early release of the Ticket proceeds to the Seller. In such circumstances, Tixel will use reasonable efforts to connect the Seller and the Buyer to enable them to privately arrange the refund.
8.2 If the Seller is notified of any changes to the Event and/or Ticket (including, without limitation, where alternative seats to the original seats are provided or where the Event start time changes) after a Buyer has purchased the applicable Ticket, the Seller must immediately notify Tixel and provide full details of the changes. If the Seller is or ought to be aware of changes to an Event and/or Tickets and does not notify Tixel of those changes, then the Seller may be charged fees and lose the right to receive payment for the Tickets and the Seller indemnifies Tixel for any loss suffered or incurred by Tixel in connection with such change. Tixel will use reasonable efforts to contact the Buyer to advise the Buyer of the changes. The Seller must cooperate fully with Tixel and the Buyer in respect of any changes to the Event and/or Ticket (including, without limitation, by permitting the Buyer to select any options offered by the Event Organiser or promoter). If there are any changes to the Event and/or Tickets between the time the Buyer purchases the Ticket and the time of the Event, then Tixel reserves the right to cancel the relevant order at Tixel’s discretion. If an order is cancelled by Tixel then the Seller will not be entitled to receive any payment from Tixel or any Buyer in connection with that cancelled order.
8.3 To the fullest extent permitted by Law (and subject to rights under the Australian Consumer Law rights and any rights a Buyer may have in respect of events that are cancelled and not rescheduled), unless otherwise provided in these Terms, all Ticket purchases are final and no refund or exchanges will be provided by Tixel.
8.4 Unless otherwise required by Law, Tixel has no liability to Buyers in respect of changes to an Event and/or Tickets or cancelled Events, including (without limitation) any liability to refund the Sale Price of the applicable Ticket or other fees. In the event that Tixel contacts a Buyer about changes to an Event and/or Tickets or rescheduled Events, then the Buyer must cooperate Tixel and the Seller in respect of those changes or that rescheduling.
8.5 Nothing in this clause 8 is intended to limit, or limits, any rights Buyers may have under the Competition and Consumer Act 2010 (including under the Australian Consumer Law set out in Schedule 2 of that Act) or any other applicable consumer law.
9.1 Subject to compliance with these Terms, Buyers may raise a dispute with Tixel if the Buyer is not permitted use the Ticket or gain entry to the Event on the basis of the authenticity or validity of the Ticket.
9.2 Buyers shall not raise a dispute where:
9.3 Any dispute raised by the Buyer under these Terms must be raised with Tixel as soon as possible following discovery of the issue but no later than 24 hours after such discovery by the Buyer. Notwithstanding the foregoing, the Buyer should use their best endeavours to notify Tixel of the issue no later than 4pm after the Event to which the Ticket gains access.
9.4 All disputes should be raised via methods and using such forms as may be determined by Tixel from time to time.
11.1 The Services, the Website, its underlying code, all related technology, all content, Materials and images in any format on the Website, all enhancements, modifications and derivative works, and all intellectual property rights in the foregoing (including without limitation trade marks, copyright, logos and design marks, service marks, trade names, business names, brand names, designs, domain names and all applications and rights to apply for registration of such intellectual property rights and the right to take action against any third party for infringement of any of those intellectual property rights) anywhere in the world, whether statutory, common law or otherwise, are owned by, or licensed to Tixel.
11.2 All material and content posted or submitted by a User on the Website, including Listings are the intellectual property of that User. Each User grants a free and irrevocable licence in perpetuity to Tixel and its assigns and successors to use any part or the whole of any intellectual property, in any form, for any purpose it deems fit, including for advertising and marketing of the Website or any other products and Services offered by Tixel, its related bodies corporate, partners, advertisers, suppliers or contractors.
12.1 To the extent permitted by Law, Tixel excludes all representations and warranties, express or implied, other than those contained in these Terms.
12.2 If the User constitutes a ‘consumer’ under the Australian Consumer Law while using the Services, nothing in these Terms is intended to remove the User’s rights under the Australian Consumer Law, including in relation to statutory guarantees that may apply to the Services. If we are entitled to limit the remedies available to the User for breach of such guarantees, we expressly limit our liability to either supplying the affected Services again or paying the cost of supplying the Services again.
12.3 Tixel, its related bodies corporate, its directors, and its employees accept no liability (whether arising in contract, tort, negligence or otherwise) for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages arising out of or in connection with:
12.4 Subject to these Terms and to the maximum extent permitted by Law, Tixel’s total liability shall be limited to the amount paid by a User in respect of a disputed transaction.
12.5 Users indemnify Tixel, its related bodies corporate, their officers and employees, and service providers (including Stripe) from and against all:
to the extent that such injury, damage or other liability, damage or loss is attributable to the User’s negligence, breach of these Terms, or unlawful or wilful action in connection with these Terms.
12.6 The materials appearing on Tixels Website may include technical, typographical, or photographic errors. Tixel does not warrant that any of the materials on its Website are accurate, complete, or current. Tixel may make changes to the materials contained on its Website at any time without notice. Tixel does not, however, make any commitment to update the materials.
Tixel does not endorse, is not responsible or liable for, and makes no representations as to any aspect of sites linked to or from the Website or third party advertising. All links and advertising provided are for the User’s convenience only, and Tixel is not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by Tixel of the site. Use of any such linked website or advertising is at the User's own risk.
Any claim relating to these Terms or the use of the Website or Services shall be governed by the laws of the State of Victoria, Australia, and Users agree to submit to the exclusive jurisdiction of the courts of that State.
If any provision of these Terms is held invalid, unenforceable, or illegal for any reason, these Terms remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be deemed deleted.
All notices under these Terms must be in writing. Tixel may contact a User by a variety of measures including, but not limited to telephone, email, SMS. By using the Website or the Services, the User consent to the use of electronic means for communications as constituting written communication.
Tixel is not responsible for failure to fulfil its obligations under these Terms due to causes beyond its control.