Please read these terms and conditions carefully before using StageCenta Ticketing. By accessing or using StageCenta Ticketing on our website at http://www.stagecenta.com (the “Site”) and StageCenta mobile application (the “Application”), you agree to be bound by these terms and conditions such that there exists a legally enforceable agreement between you and us (“Agreement”). If you do not accept these terms and conditions, you are not authorized to use StageCenta Ticketing and your account may be cancelled. We are not required to provide any refund to you in the event that your account is terminated.
You should periodically review this Agreement, as StageCenta may vary these terms and conditions at any time. Any changes are effective immediately on posting and your continued use of our Site and Application after posting, signifies your acceptance of the updated or modified Agreement.
Definitions
The terms “we”, “us”, “our” and
“StageCenta” refers to Inbizecom Pty Ltd (ACN 092 284 029) trading as StageCenta and any of its subsidiaries, affiliates, officers, agents, other partners and employees (collectively, “StageCenta”).
The "Site" refers to the StageCenta website (www.stagecenta.com). It is an online service owned and operated by Inbizecom Pty Ltd.
The "Application" refers to the StageCenta application. It is a mobile application owned and operated by Inbizecom Pty Ltd.
The Site and the Application are collectively referred to herein as the “Products”.
The term “you”, “your” and “Seller” refers to the StageCenta account holder listing an Event.
A StageCenta "Event" is created on the Site and managed by us and/or the "Seller", and has tickets that can be booked by a "Buyer".
A "Buyer" is defined as the entity which either purchases tickets to an "Event" on its own behalf or on the behalf of others using our "Site" or “Application”.
“StageCenta Ticketing” and “Ticketing” refers to the ticketing feature on
the “Site” or “Application” that allows a “Buyer” to purchase tickets to an “Event”.
Using StageCenta Ticketing
The following conditions are for the sale or assignment of Event tickets to Buyers using StageCenta Ticketing:
- Tickets are sold by StageCenta as agent for the Seller responsible for the relevant event. ALL CLAIMS ARE THE SOLE RESPONSIBILITY OF THE SELLER AND TO THE EXTENT PERMITTED BY LAW, STAGECENTA HAS NO LIABILITY TO THE BUYER.
- There is no guarantee given by StageCenta that your tickets will sell and in the event they do not sell, StageCenta will not be responsible for their purchase.
- StageCenta Ticketing is to be acknowledged in your Event program with the StageCenta Ticketing logo supplied and the following text:
Ticketing for this show is provided by StageCenta Ticketing www.stagecenta.com
- You agree to provide full and accurate details of the seating conditions (including section and row locations) when the theatre layout is set up. You also agree to describe the tickets for sale in a truthful and non-misleading manner. In the event your listing is found to be misleading, you agree that any bookings associated with your event may be made void and you will be liable for any charges arising from refunded or replacement tickets.
- It is your responsibility to ensure that all aspects of the theatre layout, session dates and times and ticket prices are listed correctly. In the case where StageCenta has set up your theatre layout and sessions for you, you must take full responsibility to ensure that the details are accurate and correct. You must notify us immediately if you detect any error in the listing so we can amend the mistake prior to any tickets being sold. Once a Buyer purchases a ticket for your Event via our Products, any failure to provide full and accurate details (including without limitation seat prices, sessions times and seat locations) which lead to StageCenta or Buyers incurring a damage or loss, you agree to
indemnify and hold harmless StageCenta and the Buyer from and against all losses, liabilities, damages, fines, expenses and costs arising out of or in connection with your failure to provide full and accurate details for your Event tickets sold on our Products.
- When you elect to use our Products for the collection of Event ticket sales, payment processing occurs directly through StageCenta. You agree that StageCenta will charge you a booking commission fee for the sale of each Event ticket sold through our Products. The booking commission fee is directly linked to ticket price. These fee prices may be subject to change at any time and any changes are effective immediately to any bookings made on or after the date of the update. We will also charge the Buyer a booking transaction fee for each booking session. We will collect all the Event ticket sales on your behalf from the Buyer and deduct all applicable services fees prior to passing on the remainder to you within seven (7)
business days after the event end date. Payment for the remainder will be made via online bank transfer.
- You acknowledge and agree that StageCenta has the right to withhold any amounts owed to you hereunder at any time we determine it to be necessary for any reason, including without limitation: (i) for the processing or settlement of any refunds, disputed charges or chargebacks; (ii) due to customer complaints; (iii) allegations of fraud; (iv) violation of this Agreement; (v) violation of any applicable laws or regulations; (vi) if StageCenta is required to do so due to applicable laws or regulations; or (vii) other circumstances as outlined in these terms and conditions. Such withholding may be temporary or permanent, as determined by StageCenta.
- If an Event or a session of an Event is cancelled, StageCenta will not forward the proceeds of ticket sales to the Seller for that Event or session. Instead, StageCenta will make a partial refund to Buyers. This amount will include
the full ticket price less the Buyer’s booking transaction fee. Under no circumstances will the Buyer’s booking transaction fee be refunded by StageCenta. For all refunds outside of cancelled Events or sessions, the Seller is responsible for any communications or disputes between the Seller and the Buyer. You agree to fully indemnify StageCenta and its affiliates for refunds or errors in issuing refunds. Notwithstanding the foregoing, you acknowledge and agree that StageCenta has the right to force a refund for any or all tickets at any time and for any reason, including without limitation if StageCenta receives complaints from a substantial number (as determined by StageCenta in its sole discretion) of Buyers, for your Event or another Event listed by you, or if we believe you have engaged in fraudulent activity or made any misrepresentations.
- You are responsible for determining if any taxes are applicable to your ticket sales and for remitting and reporting the correct amounts to
the relevant government authority.
- StageCenta is not liable for any terms and conditions that may be imposed by the Seller on the Buyer as part of their attendance to your Event.
- StageCenta is not liable for any loss or damage that may arise from the purchasing of tickets or any other activities relating to our Products. You, as the Seller, agree to indemnify and hold StageCenta, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Products, including also the use of the Products to provide a link to another site or to upload content or other information to the Products.
- Exchanges can only be made 48 hours or more prior to the currently ticketed performance.
- StageCenta is not responsible in any way for the way a Seller’s Event is conducted, or the conditions under which the Event is held,
or any other issues that may arise from the Event. However, if an Event is deemed by StageCenta to be not socially acceptable in either its content or intent, then StageCenta reserves the right to ban the Event and the Seller from further use of our Products.
- You agree not to duplicate, download, publish, modify or otherwise distribute the material on our Products for any purpose other than to review Event information for the sole purpose of managing the Event, unless otherwise specifically authorised by us to do so. The content and software on our Products is the property of StageCenta and is protected by Australian and International copyright laws.
- Any attempt to post hyperlinks or information on your Event listing in order to make a commercial gain for product or services unrelated to the said Event may result in your account being terminated.
- You agree not to upload any images, articles or other copyrightable material to our Products without having a license or express
consent, valid defense or fair use exemption to do so. Any Seller that uses our Products to unlawfully transmit copyrighted material may have their account terminated.
- StageCenta makes no warranty that the Products, services (including Ticketing) will be uninterrupted, timely, secure, or error free. The Products and its content are delivered on an “as-is” and “as-available” basis. StageCenta does not make any warranty as to the results to be obtained from the use of the Products or services; nor does StageCenta represent or warrant that the Products or services will meet your requirements or that they will be free from viruses or anything else that has contaminating or destructive properties. StageCenta is not responsible or liable for any such destructive or harmful software, programs, viruses or files that may infect or otherwise impact on your personal computer or other property on account of your use of the Products or downloading any material from the Products.
- The Products may provide links to websites of other parties. The Products only act as a portal for accessing these websites and we have no liability based on, or related to, other parties' content on the Products or the linked websites, whether arising under copyright or other intellectual property rights, defamation, libel, privacy, obscenity, or any other applicable laws. We neither control nor review websites linked from the Products; as a result, we cannot endorse the information, content, services, products, practices or policies of those websites. We make no representations or warranties regarding the accuracy or completeness of the content, information, or opinions of the other parties' websites or their information displayed on our Products. You visit these websites and use the information contained therein at your own risk.
- We shall in no circumstances be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also any loss
(whether direct or indirect) of profits, revenue, business, savings, goodwill or reputation arising out of your use of our Products, including without limitation from your sale of tickets or other goods or services.
Notwithstanding any other provision of this Agreement, in no event will our liability to you for any action or claim related to our Products and its services provided under this Agreement, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of: (i) any fees collected by StageCenta from you for using the services of our Products; or (ii) one hundred ($100) Australian dollars.
- This Agreement is made under the laws of the Australian Capital Territory and any claims or disputes of any kind whatsoever arising under or in relation to this Agreement are governed by those laws. You irrevocably consent and submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and any courts competent to hear
appeals from those courts in relation this Agreement and any claims or disputes arising under or in relation to this Agreement.