FAN-TO-FAN RESALE POLICY
Please ensure you read this Fan-to-Fan Resale Policy below in full, it covers important terms and conditions that apply to your tickets. In particular we draw the following provisions to your attention:
- Fan-to-Fan Resale may not be available for all events or all ticket types
- Buyers will only be entitled to exchange or refund Resale Tickets in limited circumstances as set out in this Fan-to-Fan Resale Policy unless required by applicable law. See Refunds (clause 13) and Cancelled and Rescheduled Events (clause 11).
- Ticketmaster limits its liability, and the liability of our Event Partners, for loss suffered by you at an event or as a result of the cancellation, or rescheduling, of an event. See Safety, Illness, Injury and Other Loss (clause 14), Limitation of Liability (clause 21) and Cancelled and Rescheduled Events (clause 11).
- Ticketmaster may remove your listing or cancel your order if you do not comply with the terms of this Fan-to-Fan Resale Policy. See Listing Resale Tickets for Sale (clause 3) and Prices, Payment and Placing Orders (clause 9).
Nothing in this Fan-to-Fan Resale Policy or our Purchase Policy affects your statutory rights as a consumer, including under the Australian Consumer Law.PART A - INTRODUCTION 1. YOUR MY TICKETMASTER ACCOUNT AND REGISTRATION 1.1 In order to set up a My Ticketmaster account you must: (a) be at least 18 years old and able to enter into legally binding contracts; and
(b) we suspect any fraudulent activity or other illegal activity is carried out by you or on your behalf or via your account;
(c) we suspect any unauthorised use of your account or other unauthorised activity is carried out by you or on your behalf or via your account, including unauthorised contact between sellers and buyers or potential buyers;
(d) we are ordered to do so by any legal or regulatory authority; and/or
(e) you otherwise breach the terms of this Fan-to-Fan Resale Policy or any other applicable policies (including our Purchase Policy) or terms and conditions (including any applicable Event Partner's terms and conditions). 1.8. To prevent fraud and protect us, we reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases, listings or sales. We reserve the right to cancel any orders, purchases, listings or sales that we reasonably suspect to have been made fraudulently without any notice to you, and any and all Primary Tickets and/or Resale Tickets obtained as part of such orders will be void. 1.9. You may close your account by contacting us using our Customer Help Portal. However, please note that such closure shall not take effect until after any events that you have purchased, listed or sold Resale Tickets for have taken place. 1.10. Termination or closure of your account and/or cancellations of any purchases, listings or sales under this Fan-to-Fan Resale Policy (or purchases under our Purchase Policy) shall not affect our or your rights and liabilities which have accrued prior to and including the date of such termination or cancellation. 1.11. Orders are processed subject to approval by the buyer's payment provider. Occasionally, we receive incorrect billing or credit card account information for a ticket order, or there is a technical issue that can delay that approval. Where a transaction is processed on our system but the payment is not subsequently approved by the buyer's payment provider, Ticketmaster customer service will attempt to contact the buyer using the information provided at the time of purchase. If Ticketmaster is unable to reach the buyer after its initial attempt, Ticketmaster may cancel the buyer's order and the seller may sell their tickets to another customer. 2. LEGALLY BINDING CONTRACTS 2.1. Buyers and Sellers: In order to sell or purchase a Resale Ticket using Fan-to-Fan Resale, you must be 18 years old or older; be able to enter into legally binding contracts; and have a My Ticketmaster account. 2.2. Sellers only: If you are listing and selling a Resale Ticket you acknowledge that all Resale Ticket proceeds are processed using Adyen for Platforms and all such payment processing services will be provided directly to you by Adyen. If you choose to list and sell a Resale Ticket using Fan-to-Fan Resale, you will need to have: (a) an Adyen account (which will be set up by you and Adyen), and the Adyen Terms and Conditions will apply; and
(b) a valid Australian bank account in your name that is able to receive funds in AUD.
If you do not wish to use Adyen for Platforms, you should not list a Resale Ticket using Fan-to-Fan Resale. 2.3. Fan-to-Fan Resale Policy: By listing, selling or purchasing a Resale Ticket using Fan-to-Fan Resale, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Fan-to-Fan Resale Policy, which form a legally binding contract between you and us in relation to your use of Fan-to-Fan Resale. A further separate contract is entered into between buyers and sellers when buying or selling Resale Tickets using the Fan-to-Fan Resale (please see clause 2.5 for details). If you do not agree with this Fan-to-Fan Resale Policy or any other applicable terms and conditions (including the Adyen terms if you're a seller), or if you cannot comply with any of them, then you must not use Fan-to-Fan Resale. 2.4. Changes to this Fan-to-Fan Resale Policy: We reserve the right from time to time to make changes to this Fan-to-Fan Resale Policy. Where we make any such changes, we shall post the updated version of this Fan-to-Fan Resale Policy on our website. Therefore, we recommend you check this Fan-to-Fan Resale Policy regularly to stay informed of its current terms and conditions. All listings, sales and purchases are subject to the applicable version of this Fan-to-Fan Resale Policy that was published at the time of listing, sale or purchase. If you do not agree with any revised version of this Fan-to-Fan Resale Policy, or if you cannot comply with it, then you must not list, sell or purchase Resale Tickets. 2.5. Contracting parties: When you sell or purchase a Resale Ticket using Fan-to-Fan Resale, you enter into a contract directly with the buyer or seller (as applicable) of the relevant Resale Tickets as the Resale Tickets are owned by the seller and not us, and purchased by the buyer from the seller through Fan-to-Fan Resale. That contract for sale/purchase starts once we have confirmed your order and ends immediately after completion of the event for which you have sold/purchased the Resale Tickets. 2.6. Please note: Ticketmaster facilitates sale/purchase transactions between buyers and sellers, we are not a party to the sale/purchase contract between a buyer and a seller of any Resale Tickets. However, buyers and sellers must not contact or attempt to contact each other directly. If you have any queries or complaints, contact us via the Customer Help Portal. PART B - SELLER TERMS (LISTING AND SELLING RESALE TICKETS) The following terms (in clauses 3 to 7 inclusive) apply to sellers listing their Tickets for sale via Fan-to-Fan Resale: 3. LISTING RESALE TICKETS FOR SALE 3.1. Tickets that can be listed: You will only be able to list a Resale Ticket for sale if you purchased it as a Primary Ticket on the Ticketmaster website or app, and the Fan-to-Fan Resale functionality is available in relation to those Primary Tickets in your My Ticketmaster account. In particular, the following are unable to be listed for sale via Fan-to-Fan Resale: (a) Primary Tickets being fulfilled by way of Collection from Box Office;
(b) Primary Tickets purchased from Ticketmaster distribution points other than ticketmaster.com.au (e.g. via a Ticketmaster call centre or on any of our partner sites), along with orders made via our Groups department;
(c) tickets that were first purchased from any third party agents, venues, promoters or other sources;
(d) Resale Tickets that you purchased using Fan-to-Fan Resale;
(e) tickets that are part of a package containing other non ticket items, or other upsells such as t-shirts and albums; and
(f) tickets that have been forwarded using Ticket Forward that have been accepted by the recipient (including if you are the recipient).
If you wish to sell Accessible Primary Tickets, please contact us, as these require assistance. Resale may not be available on particular events from time to time. This may be, for example, where the Event Partner has requested that we do not offer Fan-to-Fan Resale, or due to technical or operational limitations. 3.2. Listing conditions: All listings of Resale Tickets are subject to the following conditions and restrictions: (a) You permit us, and/or a third party contractor engaged by us to carry out identification or financial checks for the purposes of verifying your financial status and undertaking fraud checks (and you agree that we may provide your account and payment card details to such third party contractors to carry out such checks).
(b) You must not list the Sale Price of Resale Tickets (inclusive of the Resale Seller Fee) above 110% of the Face Value of the Primary Ticket when you purchased it.
(c) You may only list Resale Tickets that you have the right to sell, and where no third-party rights, no applicable terms and conditions and no laws or regulations are breached by listing the Resale Tickets.
(d) You may not list Resale Tickets that have been obtained in breach of our Purchase Policy or Fan-to-Fan Resale Policy or through unauthorised use of any robot, spider or other automated device or software, or through unauthorised framing or linking to any website, or through any other illegal or unauthorised activity.
(e) You must not list duplicate, counterfeit or stolen tickets. Selling stolen or counterfeit property is a criminal offence and we will report such activity to the relevant authorities.
(f) You must ensure that seated Resale Tickets listed together are seated together, which means that the seats must be consecutively numbered and adjacent to each other.
(g) You must not list the same Resale Tickets on Fan-to-Fan Resale and on any other ticket resale or exchange platform concurrently.
(h) You will require an Adyen account and an Australian bank account in order to receive payment for any Resale Tickets you sell, which will be subject to the Adyen terms and conditions. If you do not wish to use Adyen for Platforms, or do not have an Australian bank account, you should not list Resale Tickets for sale as payment for your Resale Tickets will not be processed. You may also be subject to any other specific listing conditions or restrictions imposed by us on a case by case basis and in our sole discretion. For the purposes of this Fan-to-Fan Resale Policy, 'Face Value' of a Primary Ticket means the price you paid for the Primary Ticket excluding transaction fees (for example, fees described as 'handling fees') and delivery fees. 3.3. We do not guarantee sale: We do not guarantee that Resale Ticket listings will be published and active within a certain time or that listings will appear in a particular order or in any search results, or that listed Resale Tickets will sell. If any Resale Tickets are not listed due to a technical or other error and/or do not sell for any reason, we will not be liable or responsible in relation to the same. 3.4. Compliance with Legislation: Reselling tickets may be subject to legislation including in the jurisdiction the seller is located, or the jurisdiction in which the event to which the tickets relate will take place. It is your responsibility to comply with any relevant laws that apply to the resale of tickets, and by listing tickets on Fan-to-Fan Resale, you warrant that the listing complies with applicable law, in line with clause 16.1 of our Purchase Policy. 3.5. Removal of Listings: We reserve the right to remove any listings for Resale Tickets and take any other reasonable steps if: (a) you fail to comply with any listing conditions under clause 3.2;
(b) your listing does not comply with applicable legislation in accordance with clause 3.4;
(c) any of the circumstances at clause 1.7(a)-(e) apply; and/or
(d) the Fan-to-Fan Resale functionality needs to be disabled for an event or for particular tickets for any reason (in which case all affected Resale Ticket listings will automatically be removed or suspended). 3.6. GST: If you are selling on behalf of a business that is registered for GST, you acknowledge and agree the price you set for each Resale Ticket is inclusive of any applicable GST. It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Resale Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a GST registered buyer. If in doubt about any of your tax obligations, you should seek specialist tax advice. 4. SALE AND FULFILMENT OF RESALE TICKETS 4.1. Confirmed Orders: When a buyer confirms that they want to purchase any Resale Tickets and makes payment, the order will be processed, and you will receive an "order confirmation" notification which will be sent to the email address you have registered to your My Ticketmaster account. A legally binding contract between you and the buyer is formed upon the issuing of the order confirmation. This contract ends immediately after completion of the event for which you have sold the Resale Tickets. Please note, once the legally binding contract is formed, you are giving up your rights to the Resale Ticket and are legally bound to supply the Resale Ticket to the relevant buyer. 4.2. Incorrect order confirmation: Whilst we try to ensure the accuracy of order confirmations, sometimes technical or other errors may occur. If an error results in an incorrect order confirmation being issued, we will notify you as soon as possible and reserve the right to cancel the order without any further liability. 4.3. Order cancellation: In rare circumstances, for example if the buyer's payment for an order is recalled by the associated bank or payment provider, we may be required to cancel an order for which an order confirmation has been sent and refund the buyer without any further liability. In this case, we will contact you to advise you of the cancellation and, where possible, allow you the option to relist your tickets. 4.4. Cancellation of Primary Ticket: Upon receipt of the order confirmation, the barcode or other digital identifier of the Primary Ticket will be automatically cancelled by the Ticketmaster ticketing system on the electronic authentication of the buyer's order and that Primary Ticket will no longer be valid and will not permit you or any other person entry into the relevant event. After the cancellation of the Primary Ticket, Ticketmaster will reissue a new Resale Ticket with a new barcode or other digital identifier to the relevant buyer. You are not required to, and must not, deliver Primary Tickets to a buyer unless expressly advised otherwise by Ticketmaster. You must not attempt to resell (whether through Fan-to-Fan Resale or via any other means) any Primary Ticket in your possession where it has already been cancelled and reissued to a buyer. If you do, or attempt to do so, you may commit a criminal offence. If at any time, Ticketmaster advises you that the automatic cancellation of your Primary Ticket and the reissue of a new Resale Ticket is not possible, then you must follow all reasonable directions of Ticketmaster in respect of the delivery of that Primary Ticket to the relevant buyer. 5. OTHER SELLER OBLIGATIONS 5.1. Seller must be contactable: If we need to make enquiries about any Resale Tickets you have listed or sold, you must respond promptly and within such timeframes that we notify to you. If you are not contactable within our required timeframes, this may lead to order cancellation and/or the terms of clause 7 will apply. 5.2. If an event is cancelled in full: (a) all live listings for the event (i.e. unsold Resale Tickets) will be removed from Fan-to-Fan Resale, so sellers should check our Purchase Policy as you should be able to obtain a refund for any Primary Tickets that were unsold at the time of removal; and
(b) all orders for Resale Tickets that were confirmed prior to and at the time of cancellation of the event will be cancelled and the relevant buyers of such Resale Tickets will be refunded (and any buyers already in receipt of the Resale Tickets may be requested to send them back to us, if applicable). In such circumstances, if you (seller) have already received payment for the relevant Resale Tickets, you will not be able to obtain a refund in respect of such tickets under our Purchase Policy. 5.3. If an event is rescheduled: (a) the event listing page will be updated with the new information and all live listings will remain listed and available for sale. However, you (seller) may remove your listing of Resale Tickets (provided they remain unsold at the time of removal) so that you can request a refund from us for your Primary Tickets as originally purchased where a refund is payable under our Purchase Policy; and
(b) buyers of orders for Resale Tickets that were placed prior to the announcement of the rescheduling of the event will be able to request to cancel their order. If a buyer does not opt to cancel their order, then the transaction will proceed as normal (and you (seller) will not be able to cancel your original Primary Tickets order in such circumstances as these now belong to the buyer). If a buyer opts to cancel their order prior to the specified deadline, they will be refunded. In such circumstances, if you (seller) have already received payment for the relevant Resale Tickets, you will not be able to obtain a refund in respect of such tickets under our Purchase Policy. 6. PAYMENT TO SELLERS 6.1. Payment to you of any Resale Ticket proceeds shall be made via Adyen for Platforms in accordance with the Adyen terms and conditions, usually within 10-12 business days after full payment is received from the buyer. 6.2. Ticketmaster will charge sellers a Resale Seller Fee that will be deducted from the Resale Ticket proceeds before payment is made to you. 6.3. We reserve the right to cancel orders and issue refunds to buyers where, in our reasonable opinion, a buyer is legally entitled to a refund for any reason and/or pursuant to clause 7, in which case no payment shall become due to you. 6.4. If a dispute arises regarding payment, payment may not be made to you unless and until such dispute is resolved. 7. ENFORCEMENT ACTION AGAINST SELLERS 7.1. We reserve the right to remove any listings and/or cancel any orders selling Resale Tickets on Fan-to-Fan Resale if: (a) you fail to comply with any listing conditions under clause 3.2;
(b) you fail to supply a buyer with the exact Resale Tickets ordered, if required by this Fan-to-Fan Resale Policy;
(c) the buyer is denied entry to the relevant event through no fault of their own as a result of any act or omission by you (including any failure to comply with the terms of this Fan-to-Fan Resale Policy and/or any terms and conditions applicable to the Primary Ticket and/or any other applicable laws and regulations);
(d) we are instructed to do so by a relevant government authority, regulatory body or law enforcement agency;
(e) we have a reasonable belief that you have breached applicable law; or
(b) any per-order handling and/or delivery fees ("Order Processing Fees") which will be payable by the Buyer. You will be notified of the price paid for the Resale Ticket when it was purchased as a Primary Ticket. 9.2. Sale Price: The Sale Price of a Resale Ticket may be higher than the price paid for the Resale Ticket when it was purchased as a Primary Ticket; a Resale Ticket may be listed for up to 110% of the Face Value when it was purchased as a Primary Ticket. You will not be entitled to a refund if (i) the price you paid for a Resale Ticket was at any time before you purchased your ticket less than the price you paid; or (ii) the price of any other Resale Ticket to the relevant event (whether in the same location or price category or otherwise) is less than the price you paid or is subsequently reduced after you purchase your Resale Ticket. All Sale Prices will be in Australian Dollars. 9.3. Errors: Whilst we try to ensure that all Resale Ticket listings are error-free, sometimes technical or other errors may occur. If an error results in an incorrectly confirmed order, we will inform you as soon as possible and give you the option of confirming your order with the correct detail or cancelling your order (in which case you will receive a full refund). If we are unable to contact you to confirm your order with the correct details, you agree that we may treat the order as cancelled and issue you with a full refund, without any further liability. If you believe that a technical error has occurred when placing your order, please contact us as soon as possible and provide as much information or evidence of the technical error as possible (including screen shots wherever possible). 9.4. Payment methods and authorisation: Accepted methods of payment include Visa, MasterCard and American Express debit or credit cards. Gift cards, Afterpay and PayPal cannot be used to make payments for Resale Tickets. Payment for a Resale Ticket must be paid in full. Upon entering payment details and clicking "buy tickets", you are expressly authorising payment via the method of payment provided by you. 9.5. Order processing Once payment has been made, your order will be processed, and an order confirmation will be issued. A legally binding contract between you and the seller is formed upon the issuing of the order confirmation. This contract ends immediately after completion of the event for which you have purchased the Resale Tickets. 9.6. Details of all successful and completed ticket purchase orders are sent to the buyer (in the form of a confirmation page or email) with a confirmation number. If you do not receive an order confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm, via your Ticketmaster account or using our Customer Help Portal whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. Ticketmaster will not be responsible for any losses (monetary or otherwise) if you assume that an order was or was not placed because you failed to receive an order confirmation. 9.7. Order cancellation: All purchases are subject to credit or debit card verification (if applicable), other security checks, and receipt of payment by the seller. Your order may be cancelled if it has not passed the verification process of Adyen, our payment processor, or if payment is not received in full. In rare circumstances, if your payment is recalled by the associated bank (a "chargeback"), we reserve the right to cancel and refund such order even where an order confirmation has been sent. We accept no responsibility or liability for such cancellations, as these are outside our control. 9.8 Breaches of this policy: It is prohibited to obtain or attempt to obtain any Resale Tickets through unauthorised use of any robot, spider or other automated device or software, or any other illegal or unauthorised activity. We reserve the right to cancel any orders that we reasonably suspect to have been made in breach of this Fan-to-Fan Resale Policy, without any notice to you, and any and all Resale Tickets obtained as part of such orders will be void. 9.9. Order verification: To prevent fraud and protect us, we reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases. We reserve the right to cancel any orders that we reasonably suspect to have been made fraudulently, without any notice to you, and any and all Resale Tickets obtained as part of such orders will be void. 9.10. All sales final: Please ensure that you read the full Resale Ticket description details and are happy with your selection prior to purchase as we may be unable to rectify issues arising as a result of your mistake. All Resale Tickets purchased via Fan-to-Fan Resale are final; you do not have a general right to cancel, and no refunds or exchanges will be given except where expressly set out in this Fan-to-Fan Resale Policy (or as required by applicable law). 9.11. Ticket terms and conditions: All Resale Tickets purchased via Fan-to-Fan Resale remain subject to any event or venue terms and conditions (including conditions of entry). 10. DELIVERY OF TICKETS AND VENUE PICK UP 10.1. Ticket Delay: For some events, the event information and your order confirmation will specify that tickets will not be issued or dispatched until a specified time, which may be closer to the time of the event. This can help reduce unlawful resale of tickets. In these cases, your Resale Ticket(s) shall not be issued or dispatched until the specified time. 10.2. Failure to accept delivery: Neither the seller nor we shall be liable for, and you will not be entitled to any refund, where delivery is refused, returned, missed, unclaimed or fails as a result of your failure to provide correct and complete delivery information and/or failure to ensure you are available to receive delivery of Resale Tickets (whether physically or via email, as applicable) or your failure to download Tickets from your Ticketmaster account, as applicable. 10.3. E-delivery: If you select e-delivery, you are responsible for either (i) ensuring that you log into the Ticketmaster App or your My Ticketmaster account (as applicable) and download the Resale Tickets in good time prior to the event, or (ii) providing a valid email address for e-delivery of the Resale Tickets and ensuring that you are able to receive the Resale Tickets by email (for example by ensuring that your email mailbox does not reject, bounce or otherwise prevent any relevant emails from being delivered and by checking your email mailbox regularly (including junk or spam folders)), or in the case of mobile tickets, that you have a mobile device capable of accessing mobile tickets. Please note, if you choose for your tickets to be delivered by "e-delivery" and Ticket Forward functionality (as described in our Purchase Policy) is not available for your tickets, then all guests under your booking must enter the event at the same time as you. In such circumstances, print outs shall not be accepted for entry. 10.4. Venue Pick Up: Regardless of the method of delivery you select at purchase, we reserve the right to make tickets available for collection by you at the venue box office or at another designated ticket collection point. We will notify you by SMS, telephone or email of the arrangements for collection if this becomes necessary. You may be required to provide your booking confirmation email and your photo ID to collect tickets, as well as the credit or debit card used to make the order. 10.5. Delivery by mail: Where Resale Tickets are being fulfilled by way of physical tickets (as opposed to via e-delivery) and you have selected delivery through the mail, you are responsible for providing a safe and secure delivery address and ensuring that you are available to take delivery of the Resale Tickets (which may be delivered by any postal or courier provider). For some deliveries, a signature may be required. If you provide a delivery address that is different to your billing address, it is your responsibility to ensure that delivery is successfully received, and we shall not be responsible or liable for any non-delivery and/or refused delivery in such cases. Please allow as much time as possible for your Resale Tickets to arrive. If your Resale Tickets have not arrived by 5 days before the event (or 5 days before you depart for the event, if earlier), or if you receive a notification of a failed delivery at any time, you should contact us using our Customer Help Portal for instructions (stating your name, reference number and postcode that the order is made under). In certain circumstances, where delivery by mail is delayed, you may be required to return the Resale Tickets to us. Please note, if you receive a notification of a failed delivery, you must notify us of the same within 30 days of your "Dispatch Confirmation Email" being sent in order to be considered (we are unable to investigate any failed delivery issues after this period). 10.6. Changes to delivery method: In certain circumstances, the delivery method may need to change, in which case we will notify you and confirm any instructions necessary to facilitate delivery of the Resale Tickets by the new method, including as follows: (a) if the delivery method is changed to postage, you will be required to provide a safe and secure delivery address and ensure that you are available to take delivery of the Resale Tickets; and
(b) if the delivery method is changed to e-delivery, you will be required either to (i) ensure that you log into your My Ticketmaster account and download the Resale Tickets in good time prior to the event; or (ii) provide a valid email address and ensure that you are able to receive delivery of the Resale Tickets by email, and the change in fulfilment method shall not give you the right to cancel your order. 10.7. Check your Tickets: It is your responsibility to check your Resale Tickets immediately once they have been delivered as mistakes cannot always be rectified. You should contact us using our Customer Help Portal immediately if there is a mistake or error with your Resale Tickets or if you do not receive your Resale Tickets as ordered and/or as described in your order confirmation. We may not be able to assist you if you do not inform us of any errors that are reasonably obvious from inspection of your Resale Tickets within 5 days of receipt (and/or in good time prior to the event date). 10.8. Keeping tickets safe: Neither we nor the seller shall be liable for any Resale Tickets which are lost, stolen, damaged or destroyed following receipt or collection by you and you acknowledge that lost, stolen, damaged or destroyed Resale Tickets cannot be replaced. Please ensure that upon receipt of your tickets that they are kept in a safe place. To safeguard your Resale Tickets you may choose to have them sent by Registered Post at an additional cost, where delivery by mail is available as a delivery option for your Resale Tickets. Allow 14 days' delivery time for this method. Tickets sent by normal mail or express delivery cannot be traced and no responsibility will be taken for tickets sent by this method. Alternatively your tickets may be collected from the venue on the day of the event. Please check box office operating hours. In some instances where venue collection is not available, alternative arrangements may be offered. Please check the purchase page for that event. 10.9. Refused entry: In the unlikely event that you are denied entry to the relevant event through no fault of your own and you have complied with the terms of this Fan-to-Fan Resale Policy (including any terms and conditions applicable to the Primary Ticket) and/or any other applicable laws and regulations, you should obtain written confirmation from the venue that the ticket was voided and entry refused and then contact us using our Customer Help Portal. 11. CANCELLED AND RESCHEDULED EVENTS 11.1. Notification: If an event is cancelled or rescheduled, we will use reasonable endeavours to notify you once we have received the relevant information and authorisation from our Event Partner. We will use your My Ticketmaster account contact details, so you should ensure these details remain up to date. However, we cannot guarantee that you will be informed of such cancellation or rescheduling before the date of the event. It is your responsibility to ascertain whether an event has been cancelled or rescheduled and the date and time of any rescheduled event. 11.2. Cancellation: If an event for which you have purchased Resale Tickets is cancelled in full (and not rescheduled), your order will be cancelled, and you will be refunded the Sale Price of your Resale Tickets (Order Processing Fees will not be refunded unless required by applicable law). If you have purchased Resale Tickets for an event that takes place over several days and one or more days (but not all days) are cancelled, you may only be offered a proportionate partial refund. 11.3. Rescheduled Events: If an event for which you have purchased Resale Tickets is rescheduled, Resale Tickets will be valid for the new date (or you will be offered tickets for the rescheduled event of a value corresponding with your original Resale Tickets when they were purchased as Primary Tickets), subject to availability. If you notify us within the specified deadline (which will be a reasonable period from the time the rescheduled event date is announced) that you are unable to attend the rescheduled event, you will be able to cancel your order and obtain a refund of the Sale Price of your Resale Tickets (Order Processing Fees will not be refunded unless required by applicable law). Failure to notify us by any reasonable specified deadline that you are unable to attend the rescheduled event will be deemed to be a reconfirmation of your order for Resale Tickets for the rescheduled event, and you will not be able to claim a refund as a result of the reschedule (unless required by applicable law). For the avoidance of doubt, no refunds will be available until the new date is announced (which will be done within a reasonable time) to allow the Event Partner time to make arrangements for the rescheduled event. 11.4. Refunds Generally: Refunds will be made using the same means of payment you used for your initial purchase. Unless required by Australian Consumer Law, our Order Processing Fees will not be refundable. 12. EVENT CHANGES Opening acts or guests may sometimes tour with headlining performers. Ticketmaster is not always made aware of opening acts or the length of their performances. These opening acts are subject to change or cancellation at any time without notice. You will not be entitled to a refund if an opening act is changed or cancelled. Event Partners generally reserve the right to add, withdraw or substitute such artists and vary advertised programs or set lists, seating arrangements and audience capacities. Event Partners may be required by, or reasonably decide as a result of, government directions, orders or regulations (including directions associated with COVID-19) to reduce the number of persons who may attend the event, change your seating allocation, change any standing or seating configurations for attendance at the event, or change the entry requirements for the event to reflect updates to government directions. Unless required by applicable law, refunds will not be required as a result of the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities. 13. REFUNDS You will not be entitled to a refund of your Resale Tickets except as provided by this Fan-to-Fan Resale Policy and as required by applicable law. To claim a refund under clause 11.2 or 11.3 please follow the instructions we provide to you or apply in writing to the Customer Help Portal. Where we instruct you to do so and where applicable, you must enclose or return to us (at your cost) your unused physical Resale Tickets and comply with any other instructions from us. Refunds will be made using the same means of payment as you used for your initial purchase. Unless required by applicable law, the Order Processing Fees will not be refunded. A change in personal circumstances does not entitle a ticket holder to return or exchange a Resale Ticket. Subject to any statutory rights of refund (including, without limitation, the provisions of the Australian Consumer Law), if an event takes place then generally there is no right to a refund or exchange, including where a ticket holder cannot attend because of adverse weather conditions. 14. SAFETY, ILLNESS, INJURY AND OTHER LOSS 14.1. Risk of Injury or Illness: Risks associated with attending an event may include (without limitation): (a) transmission of COVID-19 and other infectious diseases which may be transmitted in any environment where people gather together (including at events); and
(b) balls or other objects flying into spectator areas during events. Although reasonable measures should be taken by the Event Partner to protect spectators (including COVID-19 safety measures), injury and illness can occur. To the extent permitted by law, Ticketmaster disclaims all liability for any loss, injury or damage to any person (including you) or property at an event (save for death or personal injury caused directly by Ticketmaster's negligence). 14.2. Government Health Directions: To reduce the above identified risks, you and your guests are required to abide by all government guidance and directives aimed at preventing the transmission of COVID-19 and other infectious diseases (including guidance and directives which may apply in the State or Territory where the event is held). 14.3. Safety Protocols: You must also follow all lawful and reasonable directions of the Event Partner designed to create a safe environment for spectators and you must stay alert at all times before, during and after the event. If struck or otherwise injured or distressed, immediately ask an usher for assistance or directions to a medical station or contact an emergency service. By purchasing a Resale Ticket for an event using Fan-to-Fan Resale, or by using a Resale Ticket purchased through Fan-to-Fan Resale for entry to an event, you acknowledge and accept these terms and conditions in your personal capacity and on behalf of any accompanying minor. You assume all risks which are incidental to the relevant event, whether before, during or after the event. 15. LICENCE; EJECTION AND CANCELLATION; NO REDEMPTION VALUE Event Partners reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct the Event Partner or their agents, employees or contractors deems to be disorderly, who uses vulgar or abusive language or who otherwise fails to comply with the venue's terms and conditions. A ticket (including a Resale Ticket) is a revocable licence and breach of any such terms and conditions will terminate your licence to attend the event without refund or compensation. A ticket is not redeemable for cash. All patrons attending an event must hold a valid ticket for that event. Late arrivals to an event may result in non-admittance until a suitable break in the performance. 16. RECORDING, TRANSMISSION AND EXHIBITION Cameras, video and audio recorders, mobile phones and pagers may not be permitted in certain venues. You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You grant permission to the Event Partner to utilise your image, likeness, actions and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after the event) in any medium or context without further authorisation or compensation. 17. YOU ARE SUBJECT TO SEARCH You may be requested to submit yourself and your belongings to a search on entry to an event for which you hold a ticket. By purchasing a Resale Ticket or using a Resale Ticket to gain entry into an event, you consent to such searches and waive any related claims that may arise (to the extent permissible by law). If you withdraw your consent to such searches, you may be denied entry to the event without refund or other compensation. Event Partner rules may prohibit certain items from being brought into the venue, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers. Such items may be confiscated and neither Ticketmaster, Event Partners nor the venue accept any responsibility for confiscated items. 18. UNLAWFUL RESALE OF TICKETS, USE OF TICKETS FOR PROMOTIONS 18.1. Unlawful Resale or Scalping of Tickets: There are laws in place in certain states that prohibit resale of tickets to certain events or limit the prices at which they may be resold. As a Resale Ticket purchaser, you are responsible for complying with any such laws. For avoidance of doubt, a Resale Ticket cannot be resold on Fan-to-Fan Resale, only Primary Tickets may be listed for resale. If a Resale Ticket is relisted for sale on Fan-to-Fan Resale, we reserve our right to remove that listing. 18.2. Unauthorised use of Tickets for Promotions: A Resale Ticket shall not be used for advertising, promotions, contests or sweepstakes, unless formal written authorisation is given by the Event Partner, provided that even if such consent is obtained, use of Ticketmaster's trademarks and other intellectual property is subject to Ticketmaster's express consent. PART D - GENERAL 19. INTERPRETATION 19.1. The terms "including", "include", "in particular", "e.g." or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. 19.2. The headings used within this Fan-to-Fan Resale Policy are for reference purposes only and do not affect its interpretation. Clause references in these terms and conditions are references to the clauses of these terms and conditions of this Fan-to-Fan Resale Policy. 19.3. Capitalised terms in this Fan-to-Fan Resale Policy shall have the special meaning ascribed to them as set out within this Fan-to-Fan Resale Policy. 20. WARRANTIES AND INDEMNITIES 20.1. You represent and warrant that the information that you submit to us in relation your account and in your use of Ticketmaster's Services is true, accurate and complete and you will not use any false information, including contact information. 20.2. You represent and warrant that in using our website and Fan-to-Fan Resale, you shall comply with all applicable laws and regulations, along with the terms of this Fan-to-Fan Resale Policy and any other applicable terms and conditions. 20.3. You hereby indemnify and hold harmless us and our affiliates along with their respective officers, directors, employees and agents (the "Indemnified Parties") against any losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered by any Indemnified Parties arising out of or in connection with your breach of this Fan-to-Fan Resale Policy or any other applicable terms and conditions, breach of any applicable laws or regulations, or breach of any third party rights. 21. LIMITATION OF LIABILITY 21.1. To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and our relevant Event Partners shall not be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by the Event Partner): (a) in any circumstances where there is no breach of contract or a legal duty of care owed by us or the relevant Event Partner;
(b) in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our or an Event Partner's negligence); or
(c) to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of this Fan-to-Fan Resale Policy and/or any other applicable terms and conditions and/or any applicable laws or regulations. 21.2. Liability for other loss (including travel and accommodation costs, and loss of enjoyment): Please note that (unless required by applicable law): (a) personal arrangements and expenditure, including travel, accommodation, hospitality and other costs and expenses incurred by you relating to an event which have been arranged by you are at your own risk, and neither we nor the relevant Event Partners shall be responsible or liable to you for any wasted or unrecoverable costs or expenditure in relation to such personal arrangements, even if caused as a result of the cancellation, rescheduling or alteration of an event for which you have sold or purchased tickets under this Fan-to-Fan Resale Policy; and
(b) neither Ticketmaster nor any relevant Event Partner shall be responsible or liable to you for any loss of enjoyment or amenity, including where an event has been cancelled, rescheduled or altered;
(c) neither Ticketmaster nor any relevant Event Partner shall be responsible or liable to you where you have sold any Resale Tickets for less than you paid for them as Primary Tickets;
(d) neither Ticketmaster nor any relevant Event Partner shall be responsible or liable to you (and you will not be entitled to any refund) if admission to a venue or event is refused or revoked at any time as a result of your breach of the Purchase Policy, this Fan-to-Fan Resale Policy or any Event Partner's terms and conditions; and
(e) neither Ticketmaster nor the Event Partner will be responsible for any personal property taken into an Event. 21.3. Maximum Liability: Where liability cannot be excluded by law (including, without limitation, the Australian Consumer Law), the maximum liability that Ticketmaster and any relevant Event Partner will have to you under any circumstances related to any Resale Tickets you have listed, sold or purchased shall be limited to the price paid by you for the relevant Resale Tickets, including any Resale Seller Fee but excluding any Order Processing Fees. 21.4. Ticketmaster not liable for Event Partner: We are not responsible for the actions or failures of any Event Partner. Under no circumstances shall we be liable for any obligations owed to you by an Event Partner or for death or personal injury suffered by you or your guests arising out of attendance at an event, unless caused by our negligence. 21.5. Ticketmaster not liable for Fan-to-Fan Resale users: We cannot control the acts or omissions of third parties using Fan-to-Fan Resale. Therefore, we make no warranty in relation to any goods or services provided by sellers or any acts or omissions of any users (whether buyers or sellers). You agree that you have no claim against us for the actions, whether negligent or intentional, of any other users of Fan-to-Fan Resale, other than where we are at fault. 21.6. Ticketmaster not liable for Adyen: We are not responsible for the acts or omissions of Adyen. We make no warranty in relation to the services provided by Adyen in offering Adyen for Platforms to process payments for Resale Tickets. You agree that you have no claim against us for the acts or omissions, whether negligent or intentional, of Adyen, other than where we are at fault. 21.7. Force majeure: We will not be liable to you for failure to perform any of our obligations under this Fan-to-Fan Resale Policy to the extent that the failure is caused by a force majeure event (meaning any cause beyond our reasonable control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments). This clause does not affect the terms of any clauses specifically providing for a right of refund. 22. CUSTOMER SUPPORT 22.1. If we need to contact you, we will use your My Ticketmaster account contact details. It is your responsibility to inform us immediately of any changes to your contact details at any time, whether before or after receipt of any Resale Tickets. In particular, please ensure that you provide us with a valid email address as this is our preferred method of contacting you. You should also be aware that your email mailbox settings may treat our emails as junk, so remember to check your junk and/or spam folders. 22.2. If you have any queries or complaints regarding your listing, sale or purchase, please contact us using our Customer Help Portal, quoting any order reference numbers. Your query or complaint shall be acknowledged by us as soon as possible. We may need to contact one or more Event Partners for more information before responding to your query or complaint. 22.3. Please note that we do not tolerate aggressive or abusive behaviour towards our staff or representatives, or unreasonable demands or persistence being used (including any threat, abuse or harassment towards our staff or representatives in any form or any media). We reserve the right to take such action we deem reasonably necessary in the circumstances to address any such behaviour towards our staff or representatives. 23. GENERAL 23.1. If we delay or fail to enforce any of the provisions of this Fan-to-Fan Resale Policy, it shall not mean that we have waived our right to do so. 23.2. We shall be entitled to assign our functions under this Fan-to-Fan Resale Policy provided that your rights are not adversely affected. 23.3. If any provision of this Fan-to-Fan Resale Policy is found by a competent court to be invalid or unenforceable, that provision shall be deemed to be omitted from this Fan-to-Fan Resale Policy and this shall not prevent the other provisions from continuing to remain in full force and operate separately. 23.4. Nothing contained within this Fan-to-Fan Resale Policy and no action taken by you or us pursuant to this Fan-to-Fan Resale Policy shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent. 23.5. Any notice provided under this Fan-to-Fan Resale Policy shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email). 23.6. The provisions of this Fan-to-Fan Resale Policy are governed by the laws of Victoria, Australia.