Tixel Pty Ltd (ACN 625 710 581) (Tixel), owns, operates and maintains this website, tixel.com and the content contained therein (Website), and asserts its copyright. Words and phrases highlighted like this are defined terms. These Terms and Conditions should be read in conjunction with the Schedule of Fees & Charges.
1.1 By accessing this Website, any person accessing the Website (Users) agree to be bound by these Terms and Conditions of Use. If Users do not agree with any of these terms and conditions, Users are prohibited from using or accessing the Website. The materials contained in this website are protected by applicable intellectual property law.
1.2 User’s use of parts of the Website (including those parts of the Website which are accessible to members of the public) also may be subject to disclaimers or additional terms and conditions.
1.3 Tixel may in its sole and absolute discretion, for any reason or no reason, and without notice:
2.1 Tixel operates the Website as an online platform and marketplace to facilitate communication between Users of the Website 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 Conditions of Use (Services).
2.2 Tixel’s Services are limited to tickets that are warranted by the Seller to be authentic and validly issued and can be validly sold and delivered in electronic form by the Seller, and which may be transferred by the Seller to the Buyer without breaching the terms and conditions entered into by the original purchaser (Ticket).
2.3 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 the breaching of contractual terms imposed by a third party.
2.4 Tixel does not verify the authenticity or validity of Tickets.
3.1 This is a grant of a license, not a transfer of title, and under this license Users may not:
3.2 A User’s license under this clause shall automatically terminate if that User breaches any of these Terms and Conditions of Use. In addition, Tixel may at its discretion, terminate the licence. Upon termination of the licence, that User will have no right to view the Website or any of the content therein and that User must destroy any downloaded materials in that User’s possession or control, whether in electronic or printed format.
4.1 Users must not, in connection with the use of the Website, act in a manner which:
4.2 Users must obey any lawful instruction of Tixel in using the Website.
4.3 Users consent to Tixel’s use of transaction monitoring and fraud detection techniques to ensure the integrity of the Website.
5.1 In order to commence buying or selling Tickets via a Listing, a user 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, including social media accounts, your real name, contact telephone number, billing address, bank account details and a valid credit or debit card that we approve and accept (Account).
5.2 Account names must not be:
5.3 Tixel may, at its sole discretion and for any or no reason, refuse registration of, or cancel an Account.
5.4 Users are solely responsible for activity on the Account and shall be responsible for maintaining the confidentiality of the Account password. No sharing of Accounts is permitted.
5.6 Users acknowledge and agree that Tixel does not make any representation as to the success or the likely success of any sale or proposed sale of a Ticket, or the validity, authenticity, success or the likely success of use of a Ticket.
5.7 Users agree to pay the applicable fees and charges set out in the Schedule of Fees & Charges.
5.8 Payment processing services on Tixel are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on Tixel, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Tixel enabling payment processing services through Stripe, you agree to provide Tixel accurate and complete information about you and your business, and you authorize Tixel to share it and transaction information related to your use of the payment processing services provided by Stripe.
6.1 Sellers are solely responsible for creating their Listings within the format provided by Tixel, and for setting the price for each Ticket (Price). The Price shall not exceed 110% of the face value of the Ticket including all taxes, delivery costs and Tixels’s fees that may be payable.
6.2 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.
6.3 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.
6.4 Unless otherwise approved by Tixel, each Listing will be presented on the Website until the day after the face validity of the Ticket expires unless the Ticket is sold before this date.
6.5 Tixel’s fees will be automatically added after the Seller has specified the Price displayed to the Buyer. If a Buyer accepts the offer for sale of that Ticket, then the Seller must supply that Ticket to the Buyer and a separate contract will be formed between the Seller and the Buyer in respect of the sale of that Ticket.
6.6 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.
6.7 Tixel may at its sole discretion for any reason or no reason, terminate any Listing at any time without notice to you.
7.1 By creating a Listing Sellers are making a binding offer to sell that ticket to a Buyer who purchases the ticket for the Price. When a Buyer accepts an offer by purchasing a Ticket through our Website or Services, Sellers are contractually bound to deliver that exact ticket for the Price and within the required delivery timeframe via Tixel’s platform, which must be no later than a reasonable time to allow the Buyer to use the Ticket.
7.2 Sellers are obligated to monitor Ticket inventory and ensure all Listings are accurate. Without limiting any other remedy available to Tixel under this agreement, any fraud on the part of the Seller, failure to fulfil orders or breach of this agreement may lead at Tixel’s sole discretion to chargebacks and charges as stated in the Schedule of Fees & Charges.
7.3 Prior to listing Tickets, Sellers should carefully consider the legal rights and obligations that may arise outside of the agreement between the Seller and a Buyer and under these Terms and Conditions of Use from the sale of the Tickets and, if in doubt, Sellers should seek further legal advice in respect of these rights and obligations.
7.4 Sellers agree that they will provide a true and correct description of the Tickets in each Listing, (including information such as the event, location, ticket type, event date, section and row).
7.5 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 must still ensure all details in the Listing are accurate as set out in 7.2.
7.6 Sellers agree to describe the Tickets in a Listing in an honest and non-misleading manner. If a Listing is deemed by Tixel in its sole discretion, to be dishonest or misleading, then Sellers agree that any associated orders by Buyers may be cancelled and Sellers may be charged fees and lose the right to receive payment for those Tickets.
7.7 Sellers agree to provide, and continue to provide full and accurate details of the seat (including day, time, section and row if applicable) which is displayed on the Tickets in the Listing. For Standing or General Admission tickets, Sellers agree to describe them as ‘Standing’ or 'General Admission' (as applicable). In the event that a Seller cannot locate the correct section or row under which to list the Ticket, the Seller agrees to contact Tixel for help before listing the Ticket for sale.
7.8 Sellers are required to provide, and continue to provide any additional information which is displayed on the Tickets in the Listing, or of which Sellers are aware, related to restricted view, family section, age restrictions, no alcohol permitted, concessions, “hand carry luggage only” or any other restriction or qualification on the use of those tickets.
7.9 Sellers are required to provide, and continue to provide, information in relation to any potential charges required in order to utilise a Ticket including for example, transfer fees, name change fees or other third party fees.
7.10 For each Ticket in a Listing, Sellers must specify the most recent official cost to buy a ticket that guarantees the same entry or seat class as the Ticket.
7.11 If an event for which Sellers have sold a Ticket via the Website is cancelled and not re-scheduled, any amount paid to Tixel or in respect of delivery fees) is not refundable.
7.12 If the Seller is notified of any changes to the event and/or Ticket (including, without limitation, where alternative seats have been provided instead of the original seats) after a Buyer has ordered the applicable Ticket, then the Seller must immediately notify Tixel of those changes 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. Tixel will endeavour 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 promoter or producer of the event). If there are any changes to the event and/or tickets between the time the Buyer orders 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.
7.13 Sellers acknowledge and agree that Tixel has no responsibility, duty or obligation to review the authenticity or accuracy of any Ticket or Listing.
7.14 It is the Seller’s responsibility to ensure compliance with any legal restrictions placed on the resale of Tickets, 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 Tickets is not permitted under the original terms of sale or the terms applicable to such Tickets, then Sellers should not list them for sale. 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 (be they the promoter, producer, original ticket agent or Buyer) for any consequences of listing a Ticket in breach of such terms and conditions.
7.15 Failure to provide full and accurate details (including without limitation seat location details and Ticket restrictions) may lead to Tixel or Buyers 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 Tickets in a Listing.
7.16 Sellers warrant to and for the benefit of Tixel, the following:
7.17 Sellers agree to authorise Tixel to dispatch tickets to Buyers no later than 24 hours, after the receipt of a confirmation email from Tixel or its service providers confirming payment, but in any event, the Seller guarantees to deliver tickets to the applicable Buyer in enough time prior to the event that it is practicable for the Buyer to attend the event
7.18 Sellers acknowledge and agree that Tixel or its service providers may, in the event of a breach of any of these Terms and Conditions of Use, debit such amount equal to the Price and other fees and charges as incurred under the Schedule of Fees & Charges.
7.19 If the Seller fails to deliver tickets to a Buyer in enough time prior to the event (as reasonably determined by Tixel) so it is practicable for the Buyer to attend the event, then the Seller may be charged fees and lose the right to receive payment for those Tickets or have their registered payment method deducted by Tixel in accordance with 7.21.
8.1 Buyers with a registered Account may review the Tickets and Listings on the Website.
8.2 Buyers should carefully read the full listing details for each ticket before clicking to buy the ticket, including (without limitation) section and row details and any restrictions or qualifications such as restricted view, family section, age restrictions, no alcohol permitted or concession.
8.3 Buyers should note that not all Tickets sold in a single Listing may be seated together.
8.4 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 committing to a contractual obligation to buy the selected Ticket for the Price, and to make such additional payments as may be required, including those imposed by Tixel, its payment partners and the Buyer’s financial institution.
8.5 Ticket prices displayed on a Listing are inclusive of all applicable GST.
8.6 Buyers must make full payment for a Ticket via the methods offered by Tixel from time to time. Purchases are not confirmed until Tixel has confirmed receipt or verification of payment and has conducted fraud checks, as required. All payments must be made, and will be taken, in Australian dollars.
8.7 Where payment has been received for any transaction, payment will be held by the Tixel’s escrow provider, PromisePay in accordance with clause 9 and released only once triggered by the buyer and after the date of the event to which the Ticket gains access has passed.
8.8 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, the Tixel must be notified within 24 hours via such methods and using such forms as may be determined by the Tixel from time to time, failing which payment may be released to the Seller in accordance with clause 8.6.
8.9 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), all Ticket purchases are final and no refund or exchanges will be provided by Tixel.
8.10 Unless otherwise required by law, Tixel has no liability to Buyers in respect of changes to an event and/or Tickets or rescheduled events, including (without limitation) any liability to refund the price of the applicable Ticket (or other fees). In the event that Tixel does contact a Buyer in respect of 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.
8.11 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.
8.12 Buyers may raise a dispute on the following grounds:
8.13 Buyers shall not raise a dispute where:
8.14 Disputes in relation to 8.12(a) must be made within 24 hours after the event to which the Ticket gains access. Disputes in relation to 8.12(b), (c) or (d) must be made to the Tixel as soon as is reasonably practicable but no later than 48 hours after the Ticket has been discovered to be invalid, counterfeit or otherwise non-authentic, or rejected as the case may be.
8.15 All disputes should be raised via methods and using such forms as may be determined by Tixel from time to time.
9.1 All payments made by Buyers and received by Sellers are subject to the terms and conditions of our escrow provider, PromisePay, which may be found here: https://promisepay.com/policies/end-user-agreement/
9.2 In respect of each valid and confirmed order for a Ticket, and subject to PromisePay’s terms and the satisfaction of all pre-conditions to payment specified in these Terms and Conditions of Use, Tixel will pay the Seller an amount equal to the Price by directing its escrow provider to release the payment in accordance with clause 8.7.
9.3 Any complaint in relation to PromisePay’s services should be addressed to both PromisePay and Tixel via methods and using such forms as may be determined by PromisePay and Tixel from time to time.
10.3 Tixel may use personal information collected from Users to provide Users with information, updates and our services. Tixel may also make Users aware of new and additional products, services and opportunities available to Users, provided by Tixel,our partners, service providers (including PromisePay) and customers. Tixel may use Users’ personal information to improve our products and services and better understand Users’ needs.
10.4 Tixel may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
11.1 Users are solely responsible for obtaining their own tax advice before using the Website and Services.
11.2 Sellers are solely responsible for any tax consequences as a result of the use of the Website and the Services.
11.3 Sellers shall ensure that they do not represent or give rise to an impression that a Listing is in support of a charity or not for profit organization or that contributions are tax deductible, unless this is true and accurate in all circumstances and for all Buyers.
12.1 Tixel charges fees and charges in accordance with the Schedule of Fees & Charges as amended from time to time.
12.2 Without limiting 11.1, Tixel charges each of the Buyer and Seller an amount equal to that set out in the Schedule of Fees & Charges.
All material and content posted or submitted by a user on the Website, including Listings are the intellectual property of that user. However, 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.
14.1 To the extent permitted by law, Tixel excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where Tixel is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth), Tixel’s liability is limited (to the extent permitted by law) at its option to the following:
14.2 Tixel, its related bodies corporate, its directors, and its employees accept no liability 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 caused by or as a result of:
14.3 Without limiting 15.1 or 15.2, Tixel’s total liability shall be limited to the amount paid by a User in respect of a disputed transaction.
14.4 Users indemnify Tixel, its related bodies corporate, their officers and employees, and service providers (including PromisePay) from and against all:
The materials appearing on Tixel’s website could 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 has not reviewed the sites linked to or from the Website or third party advertising. All links and advertising provided are for Users’ 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 and Conditions of Use or the use of the Website or Services shall be governed by the laws of the State of Victoria, Australia without regard to its conflict of law provisions, and Users agree to submit to the jurisdiction of the Courts of that State.
If any provision of these Terms and Conditions of Use is held invalid, unenforceable, or illegal for any reason, these terms and conditions 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.