SALES TERMS & CONDITIONS

This Agreement is between SUPATIX (ABN 88 371 663 153), its successors and assignees, (referred to as “SUPATIX”, “we”, “us” or “our”), and you the person, organisation or entity that purchases products or related services from us (referred to as “you” or “your”), and collectively the Parties. 

These Terms & Conditions form the Agreement under which we will supply products and related services to you. Please read the Terms & Conditions carefully. The Terms & Conditions apply to all sales made by us to you. The Terms & Conditions are available at www.supatix.com.au (“Site”). Please contact us if you have any questions, before you purchase products or related services from us.

By purchasing a product or service, including tickets from SUPATIX, you agree to be bound by our Terms & Conditions. These Terms & Conditions relate to both the sale of tickets and attendance at events. Your purchase from us indicates that you have had sufficient opportunity to access the Terms & Conditions and contact us, that you have read, accepted and will comply with the Terms & Conditions, and that you are eighteen (18) years or older, or have the consent of a legal guardian who is eighteen (18) years or older.  You must not order products or services from us if you are under eighteen (18) years of age or do not have the consent of a legal guardian who is eighteen (18) years or older. If you do not agree to the Terms & Conditions, do not purchase from us.

Each ticket is sold subject to any additional terms & conditions of the SUPATIX (“Seller’s Terms”). Where applicable, any Seller’s Terms will be disclosed on our Site.

1.             Registration: We may provide a confirmation of account registration when you register on our Site. If we do establish an account for you, it is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.

2.             Products and Orders:

• You may order from us as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of products and our ability to validate payment for the products.
• It is your responsibility to check the order details, including product and pricing, before you complete your order on our Site.
• We will provide you with order details, which may include an order number, an order ID, the shipping and billing addresses and a description of what was ordered, when you order and pay on our Site and your payment has been validated.
• You may not vary or cancel your order once you place it.
• A binding agreement comes into existence between you and us once we have given you an order number. No changes to the Terms will be effective unless we both agree to the changes in writing.

3.             Price and Payments:

(a)             You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Delivery and any insurance charges will be separately shown.

(b)             You must pay for the product by one of the methods set out on our Site. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.

4.             Availability and Cancellation:

(a)             All purchases made with us are subject to availability. We do our best to keep in stock most products that are advertised by us, and to keep our Site up to date with availability of products.

(b)             If there is a considerable delay in dispatching your order, or if for any reason, we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit, or to put your order on backorder as agreed with you. If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.

5.             Variations to performances and events

(a)       You acknowledge and agree that Supatix does not have control over the addition, withdrawal, rescheduling or substitution of artists and/or variations to advertised programs, venues, or seating allocations and audience capacities.

6.             Delivery:

(a)            Location: We deliver Australia wide. Please refer to delivery information on our Site, to check that you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.

(b)            Cost: We offer free delivery by registered post for all hard copy ticket. Where expedited shipping is requested, a delivery fee may apply.

(c)             Timing: We will normally dispatch the product within 1 business day following the receipt of your order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. Where tickets are emailed, they will be sent to your registered email address. Where physical postage is required, we will deliver the product to the place of delivery you specify when making your order.

(d)            Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery.

(e)            Method: We may deliver the products via a range of delivery methods. The majority of tickets sold on our site are in electronic format and will be emailed upon payment. All physical deliveries must be signed for. Where physical postage is required, if neither you nor your authorised representative is at the delivery address to take delivery, you will be notified, generally by the delivery company leaving a card with contact details so that you can arrange another delivery time and date.

(f)              Title: Title in the products will not pass to you until delivery, or such time your payment has been processed or otherwise received by us, whichever occurs later. If your payment is declined or is subject to a chargeback or reversal for any reason, we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.

7.             Discount Codes and Promotions:

We may from time to time offer promotional discount codes, which may be applicable to goods on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.

8. Intellectual Property
   • Intellectual Property includes but is not limited to:
9. all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
10. all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and

• all work product developed in whole or in part by us.
  • We own all Intellectual Property rights in our Site, business, products and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.

9.             Dispute

Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products, please contact us. If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:

• The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant is seeking and what action the complainant thinks will settle the dispute. The Parties agree to seek to resolve the dispute by agreement between them, either by telephone or in person (Initial Meeting).
• If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

10.   FanProtect Guarantee, Consumer Law, Return, Refund and Exchange Policy

(a)                FanProtect Guarantee: SupaTix warrants that you will receive the tickets valid for entry and on time. If problems arise, we’ll source replacement tickets, equivalent or better at no extra cost.  Failing that (and it does mean we’ve failed you) we’ll give you a full refund.

(b)                ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Terms and Conditions.

(c)                Goods: If you are a consumer as defined in the ACL, the following notice applies to you: “Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

(d)                To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.

(e)                Replacement, exchange or refund: If you wish to seek replacement, exchange or a refund for a product, please contact us and we will explain the requirements to you.

(f)                 Refund: If an event is postponed you will be issued replacement tickets for the deferred event. If an event is cancelled you will be provided with a refund for your tickets. If the tickets delivered are not materially as described on our Site you will be issued with a refund.

(g)                Packaging: You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. We will arrange for any products you want returned to be collected, usually within 5 business days.

11. Limitation of Liability and Disclaimers:

• While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
• To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the products and services, the Site and these Terms and Conditions except those set out in these Terms and Conditions, including but not limited to:

1. implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms; the Site or the products being unavailable; and
2. any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products, or the Terms, even if we were expressly advised of the likelihood of such loss or damage.

• Limitation: Our total liability arising out of or in connection with the products, the services or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products under the Terms.
• This clause will survive termination of these Terms.

12. Amendment: These Terms may be amended from time to time, without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms before purchase. Our agents, employees and third parties do not have authority to change the Terms.
13. Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.
14. General:

• Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
• Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
• Termination: We reserve the right to: refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on our Site at our sole discretion, without incurring any liability to you.
• GST: If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
• Relationship of Parties: The Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
• Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our Agreement with you by giving you 5 business days’ notice in writing.
• Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
• Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate this to you in writing.
• Assignment: You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.
• Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
• Jurisdiction and Applicable Law: Your use of this Site and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia. These Terms are governed by the laws of Victoria and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Victoria. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
• Entire Agreement: These Terms and any document expressly referred to in them represent the entire Agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

 For any questions or notice, please contact us.