About these Terms
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;
- 'Agency' has the meaning given in clause 2.8 of these Terms;
- '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;
- 'Platform/s' has the meaning given in clause 2.11 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;
- 'TP Account' has the meaning given in clause 2.8 of these Terms;
- 'User' and 'the User' means any person who uses the Website or any of the Services for the purpose of selling or buying tickets; 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. Services provided by Tixel
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. Access to and use of the Website and Services
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:
- modify or copy any materials provided or made available to them by Tixel or other Users through the Website (Materials);
- use the Materials for any commercial purpose or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Website or any part of the Services;
- remove any copyright or other proprietary notations from the Materials; or
- transfer the Materials to another person or replicate the Materials on any other server.
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, acting reasonably and with notice to Users:
- alter or withdraw any functionality on the Website;
- withdraw or suspend access to all or any part of the Website and any Account in circumstances:
- to maintain the integrity and lawful use of the Website;
- where a User’s use of the Services is in breach of the Terms or there are reasonable grounds to suspect that a User’s use of the Services may be in breach of the Terms;
- monitor the use of the Website; or
- edit or remove any Listing or material that Users may have uploaded, posted, emailed or otherwise transmitted to the Website if Tixel is of the view that such Listing or material:
- is incorrect or misleading to other Users;
- is at a price above 10% of the original face value of the ticket; or
- is, or there are reasonable grounds to suspect that it is, connected with fraudulent activity.
2.5 Users must not, in connection with the use of the Website:
- act in a manner which:
- is contrary to any Law or any third party's rights, or which may encourage a person to act in a way which is contrary to any Law or any third party's rights;
- may result in damage to the Website or any property or equipment of Tixel, its directors, employees, contractors or agents;
- may restrict, disrupt or inhibit any other user from using or enjoying the Website;
- endangers the health or safety of any person; or
- may cause an interference to any business conducted by Tixel;
- upload, post, email or otherwise transmit any of the following to, or through, the Website:
- confidential material which is not required for use of the Services;
- misleading or deceptive material;
- material which the User does not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from the owner of the material or relevant right holder and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder; or
- material which contains a virus, or other harmful or potentially harmful code;
- alter, damage or delete any material on the Website;
- hold themselves out as having any authority to act on behalf of us; or
- collect or store personal information about other users in a manner which is inconsistent with these Terms.
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.
2.8 When a User logs onto their Account and connects to a ticketing platform account (TP Account), the User appoints Tixel as its agent in respect of that TP Account to conduct actions on their behalf, at their direction (such as verifying the validity of their ticket on another Platform) in providing the Services to them (Agency).
2.9 When a User connects to additional TP Accounts in the Account, they also appoint Tixel as their agent in respect of those TP Accounts to undertake the activities within the scope of the Agency.
2.10 Users warrant that they control each TP Account and that they are authorised to appoint Tixel as their agent with the authority to undertake the activities within the scope of the Agency on their behalf for each TP Account.
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 if it is of the view that or there are reasonable grounds to suspect that:
- the User’s use of the Website or the Services violates these Terms or the integrity of the Website; or
- is engaging in or may be engaging in activities that appear to be unlawful, fraudulent or suspicious.
3.4 Sellers are solely responsible for activity on the Account.
4. Listings and Ticket pricing
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 provided by a User in relation 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 Where Tixel has reasonable suspicion of unlawful or fraudulent activity, or that a ticket is being listed for an amount above 10% of the original face value of the ticket, it may delete, edit, modify, reformat, excerpt, or translate any Listing or material or content related to a Listing. Tixel will notify the Seller of any such changes and the Seller will have the opportunity to delete or amend the Listing.
4.9 Users may, at any time prior to the sale of the ticket, edit, modify or delete a Listing on the Website. For the avoidance of doubt, once the ticket is sold, the User will not be able to edit, modify or delete the Listing and subject to clause 8.3, the conclusion of the sale of the ticket as between the Seller and the Buyer will be final.
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:
- If the Ticket is in its original form and has not been reissued by the Event Organiser and/or Ticket Provider, Tixel will pass the Ticket to the Buyer (as it has been uploaded by the Seller) via Tixel platform;
- If the Ticket must be reissued to the Seller by the Event Organiser and/or Ticket Provider, the Seller must complete all steps required to ensure that such reissued Ticket is delivered to the Buyer in accordance with the timeframes specified in clause 5.3; or
- If Tixel has been authorised or enabled by the Event Organiser and/or Ticket Provider to deliver the new Ticket to the Buyer, delivery will be undertaken by Tixel.
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). For further information relating to any applicable fees and charges, please refer to the following link.
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:
- Each Ticket that appears in a Listing is:
- fully transferrable;
- either "on-hand" or already ordered and guaranteed and available for immediate sale at the Sale Price;
- not stolen, counterfeit or in any way containing fraudulent, inaccurate or misleading information;
- not obtained through unauthorised framing of or linking to any website, or unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity;
- and not offered for sale in breach of any terms and conditions applicable to that Ticket.
- In offering a Ticket for sale via Tixel Website, Sellers are complying with all applicable Laws which may be applicable to the resale of any Ticket within any relevant territory, state or country; and
- All information Sellers provide to Tixel when applying to become a Seller or at any time thereafter (including Listing a Ticket for sale) is true and accurate in all respects.
5.9 The Seller is responsible for monitoring Ticket inventory and ensuring all Listings are complete and accurate at the time of listing 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.
5.10 Each Seller is considered the merchant for their own ticket sales and is liable to pay any local taxes that may applicable.
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 in writing as soon as practicable after 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 in writing upon discovery of the issue), 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.
7.4 After the Buyer's payment has been processed, the relevant amounts will be held by Tixel and will be released to the Seller after completion of the Event unless Tixel has cancelled, or cancels, the transaction under clause 8.3.
8. Changes to or cancellation of Event or Ticket
8.1 If an Event for which Sellers have sold a Ticket via the Website is cancelled, changed or re-scheduled, any amount paid to Tixel by the Seller (i.e. the Seller's fees paid to Tixel for Tixel's Services and deducted from the Listing Price on sale of the Ticket) or by the Buyer (i.e. the portion of the Sale Price paid to Tixel which represents the Buyer's fees for Tixel's Services) 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. If the Event is cancelled or re-scheduled and the Seller has not received proceeds of the Ticket sale via the Website, then clause 8.3 applies.
8.2 Without limiting Tixel's rights under clause 8.3: (a) 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; (b) 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; (c) Tixel will use reasonable efforts to contact the Buyer to advise the Buyer of the changes; and (d) 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).
8.3 If the Event is cancelled, re-scheduled or there are any substantive 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 transaction between the Buyer and the Seller at any time before or after the Event was originally due to take place at Tixel's discretion. In such circumstances, any Ticket proceeds that have not been released to the Seller will be refunded to the Buyer , the Seller will not be entitled to receive any payment from Tixel or any Buyer in connection with that cancelled transaction and it will be the Seller's responsibility to contact the Event Organiser to seek a refund or replacement ticket or other remedy in respect of the Event.
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 Unless otherwise required by Law or where Tixel has elected to cancel a transaction between Buyer and Seller under clause 8.3, 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 with Tixel and the Seller in respect of those changes or that rescheduling.
8.6 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 to 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:
- Tixel has re-issued the Buyer with a new ticket in accordance with clause 5.2(c) above;
- the Ticket matches the information provided in the Listing;
- the Ticket is valid;
- the Buyer is not permitted entry to the Event on some other basis other than the authenticity or validity of the Ticket;
- the Event to which the Ticket provided entry did not meet the Buyer's expectations;
- the Buyer was subject to an additional fee or charge in relation to the Ticket or the use of the Ticket where the possibility of an additional fee or charge was disclosed in these Terms or the Listing.
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 by the Buyer, unless the Ticket is purchased within 24 hours of the commencement of the Event, in which case the Buyer should immediately raise a dispute with Tixel upon discovery of the issue.
9.4 All disputes should be raised via methods and using such forms as may be determined by Tixel from time to time.
11. Intellectual Property
11.1 As between Tixel and the User, 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 (‘Tixel Intellectual Property’), are owned by, or licensed to Tixel. The Tixel Intellectual Property may not be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part (except where such use cannot be lawfully prohibited) without the prior written approval of 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 (‘User Intellectual Property’). 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 User 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. No warranties and limitation of liability
12.1 To the extent maximum 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 Tixel is entitled to limit the remedies available to the User for breach of such guarantees, Tixel's liability is limited to either supplying the affected Services again or paying the cost of supplying the Services again.
12.3 To the maximum extent permitted by law, 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:
- a User's use of or inability to access or use the Services or the Website,
- any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website;
- any information available on or through the Website or on or through any website to which there is a link from the Website.
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:
- liability to any third party, including any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties;
- damage to property; and
- other liability, claim, damage or loss;
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.
13. Links and advertising
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.
14. Governing Law
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. By using the Website or the Services, the User consents to the use of electronic means for communications as constituting written communication.
17. Force majeure
Tixel is not responsible for failure to fulfil its obligations under these Terms due to causes beyond its control.