The term "Agreement" means this agreement between the Promoter and Oztix/Localtix and any attached Schedule or
Show Build Form. "Customer" means the person who enters into a transaction with Oztix/Localtix to purchase a Ticket or
Tickets. "Promoter" means the entity or person/s who are using the Oztix/Localtix system to sell tickets. "Ticket" means
the right of admission to the Event. "Show Build Form" means the form available from Oztix/Localtix completed by the Promoter
setting out details of the Event. "Ticket Price" means the price for a single Ticket including GST at the
amount set out in the Show Build Form. All terms of this Agreement are subject to any Special Conditions agreed separately
in writing between Promoter and Oztix/Localtix.
Appointment of Oztix/Localtix -
The Promoter grants Ticket Solutions Pty Ltd trading as Oztix/Localtix
the exclusive right as its agent to sell Tickets to Customers. Oztix/Localtix agrees to sell the Tickets in accordance with,
and on receipt of, a completed Show Build Form.
The Promoter agrees and authorises Oztix/Localtix to charge and collect from each Customer the Ticket Price, the Booking Fee
and, where relevant, the Handling Fee, Transaction Fee and any Delivery Fee. Delivery Fees are optional to the Customer.
The Promoter also agrees to pay to Oztix/Localtix any other agreed fees.
Sales Channels and Delivery -
The Promoter agrees that Tickets will be made available for sale to Customers via the Oztix/Localtix website online shop and
delivered to each Customer via the available Delivery Method selected by the Customer. Oztix/Localtix agrees to limit each
transaction with a Customer to a total of 8 Tickets unless otherwise agreed.
Promoter Obligations - The Promoter must provide Oztix/Localtix with a completed Show Build Form. The
Promoter warrants that all information provided to Oztix/Localtix in relation to this Agreement and the Event, including
the information in the Show Build Form, is accurate and will remain accurate. The Promoter agrees that it is responsible
for reviewing the Event listing on the Oztix/Localtix website and will immediately notifying Oztix/Localtix of any errors
Delivery of Customer List -
Oztix/Localtix will send a list of Customers who purchased online tickets to the Promoter by email at least 2 hours
before the doors open time or as specified in the Show Build Form. The Promoter is solely responsible for accessing the
customer list and Oztix/Localtix is not responsible for any internet or ISP service interruptions or breakdowns, including
without limitation those caused by firewalls, system defects, or other problems or obstacles in the third party's
software, broadband or ISP service.
Except as required by law, Oztix/Localtix will not be liable to the Promoter, its employees, agents or Customers under
any circumstances for any loss of use, profit, revenue, interest, goodwill or data, or for any injury or death to any
person, or for any indirect, incidental or consequential damages sustained or incurred by the Promoter in relation
to this Agreement, the Event or any sale of Tickets. The Promoter herby indemnifies Oztix/Localtix against all and
claims, damages, losses, costs incurred by or asserted against Oztix/Localtix by any Customer or in connection with
any breach or default under this Agreement by the Promoter.
Tax and GST -
The Promoter must include GST in the Ticket Price. Oztix/Localtix only collects and charges GST on the Ticket Price as
the Promoter's authorised agent and the Promoter is solely responsible for accounting to the Australian Taxation Office
for the GST included in the Ticket Price.
The Promoter agrees that the Customer’s purchase of tickets and any refunds to a Customer in relation to the Event
and the terms of this clause are subject to the "Oztix/Localtix Conditions Of Sale” and “Refund Policy" (as it appears
on the Oztix/Localtix website) (the "Refund Policy") made available by clicking the relevant link.
The Promoter is solely liable for any and all claims by any Customer requesting or entitled to a refund including
but not limited to cancellation, rescheduling or alteration of entertainment or any other valid reason in accordance
with the Refund Policy. At Oztix/Localtix's request the Promoter agrees to liaise with any Customer requesting a
refund from Oztix/Localtix. For the avoidance of doubt, the Promoter must handle all refund requests once
Settlement of Funds has occurred.
The Promoter agrees to immediately notify Oztix/Localtix by telephone of any rescheduling, cancellation of the
Event, the possibility of cancellation of an Event (however remote), or any alteration of a headline artist immediately
it becomes aware that a change (of any nature) may occur. If the Event is to proceed, the Promoter is required to
resubmit a Show Build Form with the updated information, as soon as practicable, but in any event, no later than
fourteen (14) days after notifying Oztix/Localtix of the change. The Promoter has a period of fourteen (14) days from
the date of notifying Oztix/Localtix of the possibility of the Event being cancelled to confirm such cancellation.
The Promoter acknowledges and agrees that Oztix/Localtix will be entitled to refund purchased tickets to Customers
after the expiry of the fourteen (14) day period if the Promoter has not provided Oztix/Localtix with a resubmitted
Show Build Form or has not confirmed the cancellation of an Event. Once notified of the cancellation, Oztix/Localtix
agrees to cease all Ticket sales as soon as practicable.
"Refund" means reimbursement to the Customer of the Ticket Price. If the Promoter authorises a Refund, Oztix/Localtix will refund You the Ticket Price. If the Promoter instructs Us to do so, We will also refund the Booking Fee and Handling Fee. Any Postage Delivery fees charged for tickets that were not dispatched will also be refunded.
In addition to the provisions of the Refund Policy, the Promoter authorises Oztix/Localtix to automatically pay a
Refund to any Customers who purchased Tickets via the Oztix/Localtix payment system if the Customer requests a refund
and: (i) an Event was rescheduled to a different day and the Customer cannot attend the rescheduled Event; (ii)
the headline artist (being main entertainer) for the Event fails to appear or if the advertised scheduled entertainment
becomes significantly altered after the Ticket has been purchased; (iii) all days of the Event are cancelled and not
rescheduled; or (iv) the Customer otherwise validly requests a refund in accordance with the Refund Policy.
The Promoter shall be responsible for payment of any Refunds due to Customers including who bought tickets from
any other sales channel not processed through the Oztix/Localtix payment system. The Promoter may authorise
Oztix/Localtix to grant Refunds for any other reason, at the Promoter’s own discretion and cost.
Any outstanding fees due to Oztix/Localtix, shall be paid by the Promoter to Oztix/Localtix regardless of the
reason for any Refunds paid. Oztix/Localtix shall be entitled to deduct any amounts due to it from the Promoters
funds being held by Oztix/Localtix at anytime.
The Promoter acknowledges and accepts that it has sole and absolute liability and responsibility for refunds
that result from a Ticket purchase being cancelled by a Customer contacting the Customer's credit card provider after
the purchase has been processed by Oztix/Localtix ("Chargeback"). The Promoter agrees to refund the amount of any
Chargeback to Oztix/Localtix and also all costs incurred by Oztix/Localtix as a result of the Chargeback and in
selling the original Ticket that was cancelled (including but not limited to Delivery Costs and Handling Fees),
provided that the Chargeback did not result from any negligent or malicious act or omission by Oztix/Localtix,
Oztix/Localtix is entitled retain a Booking Fee in relation to the sale of any Ticket that is the subject of a
The Promoter authorises Oztix/Localtix to hold on trust all Ticket Price monies collected from Customers (the "Ticket Funds") in a
specific bank account. Proving the event was successfully held and that there has been no notice of a dispute, Oztix/Localtix
shall remit all Ticket Funds to the Promoter
within (7) days from the completion of the Event;
by electronic transfer to the Promoter's Bank Account, which the Promoter warrants is held by a legally trading
entity with a valid ABN;
less any amounts owing to Oztix/Localtix by from the Promoter under this Agreement; and
together with a settlement report summarising all sales (if any), refunds and deductions during the period that
Tickets were for sale.
The Promoter agrees that all marketing will carry the following tag / call to action: Tickets on sale from Oztix.com.au or
Promoter Warranty -
The Promoter represents and warrants to Oztix/Localtix that it is duly incorporated under the jurisdiction of its incorporation,
with all requisite corporate power and authority to carry on its business and it has full power and all necessary rights to
enter into this Agreement and to perform its obligations according to the terms of this Agreement. The Promoter warrants
that it will not make any statements to the media or public about Oztix/Localtix, other than to state where tickets are
available from, without the express consent of Oztix/Localtix or do any act or fail to do any act that would bring
Oztix/Localtix or its business into disrepute.
General - This Agreement
represents the entire agreement between Oztix/Localtix and the Promoter and supersedes any other agreement made between
both, whether verbal or in writing;
is governed by the laws of Queensland and the parties submit to the courts of that jurisdiction; and
cannot be assigned by the Promoter without the written consent of Oztix/Localtix.
If a provision, clause or sub clause of this Agreement is void, voidable or unenforceable it may be severed, and
the remainder of this Agreement will not be affected.
This agreement may be validly executed by electronic signature.