THESE TERMS AND CONDITIONS FORM YOUR AGREEMENT IN RELATION TO YOUR TICKETMASTER GIFT CARD OR E–GIFT CARD THAT YOU HAVE PURCHASED OR RECEIVED ("CARD"). UNLESS STATED OTHERWISE ALL TERMS AND CONDITIONS WHICH APPLY TO HARDCOPY GIFT CARDS ALSO APPLY TO E–GIFT CARDS. |
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE YOUR CARD. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH, PLEASE CONTACT CUSTOMER SERVICES USING THE CONTACT DETAILS AT CLAUSE 13 OF THIS AGREEMENT.
By purchasing, using or attempting to use a Card, you:
(a) accept and agree to be bound by these Terms and Conditions; and
If you let another person use your Card you must tell that person that s/he will be bound by these Terms and Conditions.
1 ABOUT YOUR CARD
1.1 Your Card is issued by Ticketmaster Australasia Pty Ltd, an Australian Proprietary Company (ABN 49 089 258 837) of Level 5, 364 Lonsdale Street, Melbourne, Victoria, 3000, ("Ticketmaster").
1.2 The Card contains the monetary value which was paid, in advance, at the point of purchase. It is not a credit card, charge card, cheque guarantee card, or debit card and the balance on your Card will not earn any interest. Cards other than E–Gift Cards have a minimum value of A$10 and a maximum value of A$350.00. E–Gift Cards have a minimum value of A$5.00 and a maximum value of A$200.00.
1.3 Your Card is valid for 12 months from the date of purchase.
1.4 It is non–refundable and non–returnable, except in accordance with your legal rights. You cannot cancel your Card.
1.5 Your Card has no cash redemption value and cannot be exchanged for cash, nor can any cash advance be made on any portion of the value that was loaded onto your Card at the time of purchase.
1.6 You cannot exchange your Card for a different denomination or type of gift card, nor can you consolidate the unused value of two or more Cards on a new Ticketmaster gift card.
1.7 Once the monetary value loaded onto your Card at the time of purchase has been used, the Card cannot be reloaded.
1.8 A faulty or damaged Card will not be re–issued unless that Card is proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Ticketmaster, or its agents or contractors.
2 CARD PURCHASE AND ACTIVATION
2.1 You can purchase a Card from Ticketmaster by telephoning 136100, or online at Ticketmaster.com.au/giftcards, or in–store at any participating retailer.
2.2 Your Card will be activated and ready to use at the point of purchase. However, it may take up to three working days for an E–Gift Card to be activated and ready to use.
3 WHAT CAN YOU BUY WITH YOUR CARD?
3.1 The Card can only be used to buy tickets to participating events (including paying any applicable fees) and other event–related products through Ticketmaster in Australia ("Ticketmaster Products").
3.2 You cannot use your Card to buy ticket insurance or to purchase any goods or services other than Ticketmaster Products.
3.3 You cannot use your Card to buy tickets for events taking place outside of Australia.
3.4 No change will be given on purchases made with your Card, but any unspent portion of the value loaded onto the Card at the time of purchase will remain available for future use, in accordance with these Terms and Conditions.
4 WHERE CAN YOU USE YOUR CARD?
4.1 Your Card can be redeemed in part or in full through Ticketmaster either:
(a) by telephoning 136100;
(b) online at Ticketmaster.com.au for events at selected venues (when available);
(c) in person at Participating Outlets (See Website for Locations); (coming soon) or
(d) at participating Venue Box Offices for events taking place at that venue only (coming soon).
4.2 You cannot redeem your Card on any websites other than Ticketmaster.com.au, even if they are websites which are linked to, or referenced on Ticketmaster.com.au (for example: Ticketmaster.co.nz, Ticketmaster.com, and oss.ticketmaster.com).
4.3 Your Card may only be used to make purchases up to the value loaded onto the Card at the time of purchase, however a payment for Ticketmaster Products can be made partly using the Card and partly by other accepted payment methods (for example, credit or debit cards). In respect of online purchases at Ticketmaster.com.au, the full value of any unused funds remaining on the Card must be exhausted before another payment method will be accepted in respect of the remaining value of the transaction. In respect of telephone purchases, the full value of any unused funds does not have to be exhausted before another payment method will be accepted.
4.4 When using your Card for online transactions you will need the 3 digit security number written on the reverse of the Card in order to complete the transaction. In respect of E–Gift Card purchases, the 3 digit security number will be specified in the e–mail which contains your E–Gift Card.
4.5 You agree that Ticketmaster can reduce the amount of value on your card by the value of all purchases of Ticketmaster Products that are authorised by you. Transactions are authorised by you:
(a) providing details of the Gift Card as required by a Ticketmaster customer services representative or the Ticketmaster website; and
(b) in the case of an E–Gift card, entering your 3 digit security number, or allowing an operator or other person to do so.
4.6 When you authorise a transaction:
(a) you are confirming that you agree to pay the purchase price of the Ticketmaster Product(s) obtained (including any applicable fees or charges); and
(b) you are agreeing to pay that purchase price (including any applicable fees or charges) by way of a reduction in the value that was loaded on your Card at the time of its purchase.
4.7 You acknowledge that your Card may not be used to purchase goods or services that Ticketmaster is not permitted to supply to you (for example, if you are under 18 years of age you may not, by law, be permitted to attend certain events).
5 CARD EXPIRY
5.1 You are entitled to use your Card to purchase Ticketmaster Products for a period of 12 months from the date of purchase of the Card.
5.2 Once 12 months have passed since the date of purchase of the Card, you will not be able to use your Card again (even if all or part of the value loaded at the time of purchase remains on the card), and nor will you be able to claim a refund of any unused value remaining on the card.
5.3 Upon expiry of the Card any unused value remaining on the Card is forfeit.
6 CHECK YOUR BALANCE
You can check the amount of unused funds you have left on your Card by calling 136100, or by visiting Ticketmaster.com.au/giftcards
7 CARD SECURITY
7.1 You should treat the Card as if it were cash. If you lose your Card it will not be replaced and you will lose any unused funds on it in just the same way as if you lost your wallet.
7.2 Your Card number and the three digit security number should be kept secret at all times and should not be disclosed to anyone other than to Ticketmaster.
8 RIGHT TO TERMINATE, CANCEL OR REFUSE A TRANSACTION
8.1 Ticketmaster may terminate this agreement, cancel your Card, or refuse a transaction if we suspect the Card is being used fraudulently, or in an unauthorised or illegal manner, or if we have reason to believe that you are in breach of this agreement.
8.2 If we need to investigate a transaction on the Card then you must cooperate with us, the police and any other authorised body requiring your co–operation.
8.3 Ticketmaster can cancel any Card and/or terminate this agreement and refund any unused funds to you at any time if we give you 30 days notice. The Card remains our property.
9 YOUR PERSONAL DATA
10 LIMITATION OF LIABILITY
10.1 You are responsible for the use and security of your Card and you are liable for all transactions for which your Card is used (except to the extent of any fraud or negligence by Ticketmaster or any employee of Ticketmaster). If your Card is lost or stolen, or you suspect it has been used for a transaction that you have not authorised, report this immediately by calling 136100.
10.2 Ticketmaster will not accept liability for Cards which are lost, stolen, destroyed or used without permission, unless Ticketmaster has caused this by its negligence.
10.3 Ticketmaster shall not be liable for loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings; loss of data or use of data; or consequential, special or indirect loss or damage; even if it has been advised of the possibility of such loss or damage.
10.4 To the extent permitted by law, Ticketmaster will not be liable to you for any loss or damage (either direct or consequential), nor be in default under these Terms and Conditions, for any failure to perform any of its obligations in relation to the Card which is caused by an event that could not reasonably be controlled or prevented. These events include acts of God, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, or disruption by war, and other acts or omissions of third parties.
10.5 Subject to the Terms and Conditions of this agreement (but without prejudice to paragraphs 5.2 and 5.3), in no circumstance will Ticketmaster's liability to you exceed an amount which is equal to the amount of unused value remaining on the Card on the earliest of the date on which: (a) the Card is cancelled by Ticketmaster; or (b) this agreement is terminated by Ticketmaster; or (c) the Card expires.
10.6 Nothing in this agreement seeks to exclude or limit any liability for: (a) death or personal injury caused by negligence; (b) fraudulent misrepresentation; or (c) any other type of liability which cannot by law be excluded or limited.
Ticketmaster may change the Terms and Conditions of this agreement at any time by posting an amended version on www.ticketmaster.com.au/h/terms for one or more of the following reasons:
(a) to reflect the introduction or development of new systems, methods of operation, services or facilities (including, without limitation, the addition or removal of goods or services that may be purchased with the Card);
(b) to reflect a change or an expected change in market conditions, general good practice or the cost of providing services to our customers;
(c) to comply with any contract, law, regulation or order binding on Ticketmaster;
(d) to conform with or anticipate any changes in the law or taxation, any codes of practice or recommendations of the Australian Securities & Investments Commission or other regulatory body;
(e) to ensure that our business is run prudently and remains competitive;
(f) to take account of a ruling by a court, ombudsman, regulator or similar body having legal or commercial jurisdiction over Ticketmaster;
(g) Where we, acting reasonably, determine that such change(s) will not be to your detriment;
(h) to rectify any mistake that might be discovered in due course; or
(i) by agreement with you.
12.1 Any delay or failure to exercise any right or remedy under this agreement by Ticketmaster shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
12.2 If any provision of this agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
12.3 We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this agreement.
12.4 No third party who is not a party to this agreement has a right to enforce any of the provisions of this agreement.
12.5 This agreement and any dispute or claim arising out of or in connection with it (including non–contractual disputes or claims) shall be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably agree to submit to the non–exclusive jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victorian Registry) in relation to any claim or matter arising out of or in connection with this agreement (including non–contractual disputes or claims).
13 CONTACTING CUSTOMER SERVICES
13.1 If you need assistance, you can contact Customer Services by telephoning 136 100 between the hours of 9.00 am and 5.00pm on Monday to Friday, by writing to Customer Services at Ticketmaster, GPO Box 762, Melbourne VIC 3001, Australia or by e–mailing via the website at www.ticketmaster.com.au/h/help