Moshtix Terms and Conditions of Use
Last updated: October 2018
Our mission is to make your browsing and purchasing experience easy, fast and fair, so you can get your tickets, non ticket items, or make registrations as quickly and as fast as possible.
Moshtix Pty Ltd incorporating Moshtix.com, and Moshtix.com.au (collectively "Moshtix") operates the Moshtix booking systems and web pages ("Moshtix platform") for events created by third party event organisers ("Event Organisers") in Australia and New Zealand.
Moshtix provides the Moshtix platform and associated software to Event Organisers so that they may list event details, set ticket inventory, sell tickets, take registrations, manage customer lists and communications and manage other event functions, using the Moshtix platform. Moshtix provides access to certain parts of the Moshtix platform to the general public so that they may transact and interact with the Event Organiser.
Moshtix also sells non-ticket items, including but not limited to ticket insurance, merchandise and gift vouchers on behalf of Moshtix, Event Organisers and third parties ("Non-Ticket Items").
The following Terms and Conditions of Use and Purchase Policy ("these Terms") have been created to ensure you are happy with your ticket purchase and that you fully understand the purchase process with the Event Organiser who uses the Moshtix platform, Moshtix powered partner websites and Moshtix retail store associates to promote the Event Organisers events, sell tickets, sell Non-Ticket Items, make registrations and bookings.
a) By using or visiting Moshtix platform, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Moshtix platform.
c) Moshtix reserves the right to change these Terms at any time, effective immediately upon posting on the Moshtix platform. To ensure you are aware of the latest Purchase Policy and Terms, please check this page of the Moshtix platform periodically which is available from every event page on the Moshtix platform. The latest date of issue will be posted at the top of this page.
2. Permitted Use of Moshtix platform
a) You agree that you are only authorised to visit, view and to retain a copy of pages of the Moshtix platform for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this site for any purpose other than to review an event and its promotional information, for personal use, or to purchase tickets for your personal use, unless otherwise specifically authorised by Moshtix to do so.
b) The content and software on this site is the property of Moshtix and is protected by Australian and international copyright laws. We post a legal notice and various credits on the Moshtix platform, which may not be amended or removed. You must not remove this notice or these credits, or any additional information contained along with the notices and credits.
3. Links and Search Results on Moshtix platform
a) The Moshtix platform may include links posted by the Event Organiser or automatically produce search results that reference or link to third party sites throughout the internet. To the extent permitted by law, where Moshtix has no control over these web sites or the content contained within them, Moshtix cannot and does not guarantee, represent or warrant that the content contained in third party websites is accurate, legal and/or inoffensive.
b) Moshtix does not endorse the content of any third party site, nor do we warrant that such third party site will not contain viruses or otherwise impact your computer in a harmful or damaging way. By using the Moshtix platform to search for or link to another site, you agree and understand that you may not make any claim against Moshtix for any damages or losses, whatsoever, resulting from your use of Moshtix platform to obtain search results or to link to another site. If you have a problem with a link from the Moshtix platform, please notify us at help@Moshtix.com.au and we will investigate the problem you describe in your email and take actions that we deem are appropriate in our sole discretion.
4. Unauthorised Use of the Moshtix platform
Illegal and/or unauthorised uses of Moshtix platform, whether for unauthorised ticket sales, unauthorised framing of or linking to the Moshtix platform will be investigated and appropriate legal action will be taken.
You are prohibited from using any software, bots or other technology to circumvent the security or services on the Moshtix platform. Where there is a re-sale restriction placed by the Event Organiser on any ticket sales via the Moshtix platform, the Fair Trading Amendment (Ticket Scalping and Gift Cards) Act 2017 prohibits the use of any software that is used to circumvent the security measures of the Moshtix platform. The penalties for infringing this legislation can be significant and any such activity will be considered a breach of these Terms.
5. Violation of these Terms and Conditions
a) If you violate these Terms including if you post or provide User Content which violates these Terms or has violated the rights of Moshtix, any other User or the law, Moshtix may terminate your use of Moshtix platform, prevent you from making all future bookings using Moshtix platform, and/or take legal action against you. Where this occurs, Moshtix will provide you with reasonable prior written notice that this will be implemented, together with reasons for that action being taken. If you wish to dispute that decision of Moshtix, you have 5 days within Moshtix providing its notice to you to do so and Moshtix will act reasonably in considering your response.
b) If you materially violate these Terms (which includes any breach of clauses 4 and 6), in addition to paragraph 5(a), Moshtix may cancel your ticket orders in which case Moshtix will provide you with written notice of that cancellation together with reasons for that cancellation.
c) You agree that monetary damages may not provide a sufficient remedy to Moshtix for violations of these Terms and you consent to injunctive or other equitable relief for such violations.
e) Moshtix is not required to provide any refund to you if you are terminated as a user because you have violated these Terms, except as expressly set out in these Terms or otherwise required by law.
6. Moshtix Copyright & Defamation Policy
You may only submit content to Moshtix platform ("User Content") where you have the rights to do so. In particular, you:
a) may not use Moshtix platform to unlawfully transmit copyrighted material (including articles, images, stories and software) without a license, express consent, valid defence or fair use exemption to do so;
b) must ensure that the content you upload does not infringe the copyright or any other rights of third parties (such as privacy or publicity rights); and
c) must not upload any content to the Moshtix platform which is defamatory, obscene or otherwise infringes any law.
a) Moshtix does not promise that the Moshtix platform will be error-free, uninterrupted, nor that it will provide specific results from use of the Moshtix platform or any content, search or link on it.
b) the Moshtix platform and its content are delivered on an "as-is" and "as-available" basis.
c) Moshtix cannot ensure that files you download from the Moshtix platform will be free of viruses or contamination or destructive features although Moshtix will take steps consistent with industry practice to protect against this occurring.
d) Moshtix does not by these Terms exclude any rights and remedies in respect of goods or services under the Australian Consumer Law (Cth) and the Fair Trading Act 1986 (New Zealand), or equivalent state or territory legislation which cannot be excluded, restricted or modified. However, Moshtix excludes all rights, remedies, conditions and warranties in respect of goods or services from your use of this site and Moshtix platform whether based in statute, common law or otherwise to the fullest extent permitted by law. To the fullest extent possible, the following paragraphs of this clause 7 will apply.
e) Moshtix will not be liable for any damages of any kind arising from the use of Moshtix platform, including without limitation, direct, indirect, incidental, and punitive and consequential damages.
f) To the fullest extent permitted by law, Moshtix makes no guarantee of any specific result from use of the Moshtix platform or use of Moshtix service.
g) To the fullest extent permitted by law, Moshtix disclaims any and all liability for the acts, omissions and conduct of any third party users, Moshtix users, advertisers and/or sponsors on the Moshtix platform, in connection with Moshtix service or otherwise related to your use of the Moshtix platform and/or the Moshtix service. Moshtix is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Moshtix platform.
h) Without limiting the other provisions of this clause 7, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Moshtix platform to Moshtix at help@Moshtix.com.au. Moshtix may investigate the claim and take appropriate action, in its sole discretion.
8. Age Restrictions
EVENTS MAY BE SUBJECT TO AGE RESTRICTIONS. IT IS YOUR RESPONSIBILITY TO CHECK THE EVENT PURCHASE PAGE FOR CONFIRMATION OF ANY AGE RESTRICTIONS AND REQUIREMENTS.
If this event is classified as an 18+ event, you will be required to present a legal form of photo ID at the event entry, such as a current Australian driver's license (international driver's licenses won't be accepted), State Approved 'Proof Of Age' card or a valid Passport.
If this event is classified as an under 18 event, you are not allowed to attend if you are over the age of 18 years. You will be required to provide valid photo ID to show that you are under 18 years of age.
If this event is classified as all ages, you may attend if you are over the age of 18 years, however this event may be unlicensed, or if it is licensed, you will be required to present a photo ID to access licensed areas.
9. Exchanges, Refunds
Before purchasing tickets carefully review your event and ticket selection, no refunds or exchanges will be available on any purchase except as required by and/or specified by the Live Performance Australia Industry Code of Practice or as otherwise required by law. Incorrect purchases are NOT guaranteed a refund and are at the discretion of the promoter/venue/event organiser. Nothing in these Terms and Conditions is intended to exclude, modify or limit the operation of the Australian Consumer Law with respect to refunds.
Nothing in these Terms is intended to exclude, modify or limit the operation of the Australian Consumer Law with respect to refunds.
10. Reissue and Resale
The ability to reissue (change the name on your ticket) or offer your ticket for resale (sell your ticket onto an anonymous buyer) may be available for a nominated fee per ticket, however these services are at the discretion of the event organiser and may be subject to change. To check if either service is available, log into your Moshtix account after you have purchased the ticket(s). Should ticket reissues be available, they will conclude up to 48 hours prior to the door/gate opening time unless otherwise specified by the event organiser. The new attendees name, email and date of birth may be required when reissuing a ticket. There will be a maximum of two (2) reissues permitted per ticket unless otherwise specified. Should tickets be available to be offered for resale these cannot be guaranteed to be resold.
11. Ticket Limits
When purchasing tickets on Moshtix, you are limited to a maximum number of tickets per transaction. Any tickets purchased in excess of the event ticket/transaction limit may be cancelled at the discretion of Moshtix or the event organiser.
12. Pricing and Ticket Availability
Moshtix sells tickets and Non-Ticket Items on behalf of Event Organisers and other third parties which means Moshtix does not determine the ticket prices, booking fees, postage and handling fees (if posted tickets are an option) Each purchase may attract a service fee, which is inclusive of GST and credit card processing fees and booking fees. All tickets and products listed on www.Moshtix.com.au are priced in Australian dollars. All tickets and products listed on www.Moshtix.co.nz are priced in New Zealand dollars
13. Proof of identity
At the point of entry you may be required to present the ticket and matching legal form of identification such as a current Australian or New Zealand driver's license, 'Proof of Age' card or valid Passport. You may need to present this proof at the event venue to obtain admission
14. Delivery of tickets
Through the Moshtix platform the Event Organiser may elect to offer one or more of the following delivery options for your ticket order. The proof of identity requirements set out in clauses 8 apply regardless of the delivery of ticket method used.
If you have not received your tickets within 48 hours of the event you can log in to your Moshtix account to either re-send, download a copy, or contact Moshtix support by submitting a request https://tixsupport.Moshtix.com.au/hc/en-us/requests/new or by email help@Moshtix.com.au
By "email / e-ticket" option: The Moshtix platform provides an opportunity for you to provide your email address and we will deliver your ticket to that email address. You are not required to print your ticket(s), you can present the electronic PDF version of the ticket to be scanned directly from your mobile or tablet device.
By Passbook, Facebook Messenger or other ticket wallet applications via mobile phones, tablets and devices.
By "Post" or "Registered Post" option: Please ensure you supply the correct billing and delivery address information for ticket orders as incorrect details will delay processing and delivery. Moshtix and Event Organisers do not post to PO Boxes. If you have selected delivery through the mail, please allow at least 10 working days after your order is made to receive your tickets from Moshtix or the Event Organiser.
15. Cancelled Events
Occasionally, events are cancelled or postponed by the Event Organiser due to weather conditions or situations affecting the staff, audience or artist. When this occurs, the Event Organiser will make every effort to ensure you receive a prompt refund and/or exchange if applicable.
If an event is cancelled or postponed, refunds will be determined by the Event Organiser. If a refund has been confirmed by Moshtix or the Event Organiser then the following refund methods will apply
I. If you booked online or by phone using a credit card, Moshtix will automatically refund to the credit card used for purchase within 14 days of notifying you that a refund for this event applies.
II. If you booked in an authorised Moshtix retail outlet, please return to the same outlet you purchased from to obtain a full refund within 90 days of the event cancellation. You will be asked to sign for your refund. If you are genuinely unable to return to the store for a refund, please contact help@Moshtix.com.au providing details of the event and point of purchase and any other information as reasonably required to allow Moshtix to arrange a refund. Note that any refunds conducted through this method will take significantly longer than refunds conducted through the retail outlet.
III. If you purchased the ticket(s) independently of Moshtix platform, you will need to return the tickets directly to the place where you purchased the tickets.
Moshtix takes no responsibility for tickets not purchased through the Moshtix platform including web pages, call centre, outlets and authorised retailers. Should the event be cancelled or rescheduled, Moshtix will contact you via the nominated email address. It is your responsibility to keep your contact details up to date.
It is a condition of sale that tickets may not be offered for unauthorised resale, on 3rd party websites such as Viagogo, Facebook, Ebay or Gumtree. Tickets may not be resold or offered for resale at a premium (including online auction sites) or used for advertising, promotion or other commercial purposes. If a ticket is used in breach of these conditions, it may be cancelled without refund and the ticket bearer may be refused admission.
17. Other terms
Event Organisers may reserve the following rights:
1. Admission to events, latecomers may not be admitted until a suitable break;
2. change/withdraw advertised artists, programs or seating without notice; and
3. Event Organisers may also append their own terms and conditions to these Moshtix Terms and such additional terms are displayed and agreed to by the purchaser during the booking process.
If you have a query in relation to these Terms, please contact Moshtix via the contact details
Contact Address: PO Box 1272, Darlinghurst, NSW, 1300