These terms and conditions apply to the purchase of Tickets offered on behalf of an Event Organiser, via our Teampay Aust Pty Ltd ACN 633 721 383 Company, through the teampay.com.au website located at www.teampay.com.au/tickets
1. Acceptance of the Terms
1.2 We may at any time change, add or remove any part of these Terms by posting amended Terms & Conditions on the Application and on our website.
2. Services provided by Teampay Tickets
2.1 If you are purchasing tickets through the Teampay Ticket website, you authorise Teampay AUST Pty Ltd to provide the following services on your behalf.
(a) accept and process online payments made by individuals or entities through the Teampay Tickets website;
(b) remit funds to the designated beneficiary by transfer less a booking fee (these fees are inclusive of all credit card processing and banking fees);
3. Fees & Charges guidelines
3.1 All Fees and details regarding charges for Payments made via the teampay.com.au/tickets website are governed by our Fees and Transactions Terms. Your acceptance of these Terms is acceptance of our Fees and Transactions Terms, and those of our payments provider, Stripe.
4.1 As a consumer you may be entitled to a return and/or receive a refund for Ticket purchased. The responsibility for issuing the refund may sit with the event Organiser, or Teampay AUST Pty Ltd
4.2 The terms for obtaining a refund are set by the Organisers of the event
4.3 Despite any refund being payable to a Ticket Purchaser, the Booking Fee (as applicable) is non-refundable to the fullest extent permitted by law.
4.4 If an event is cancelled or rescheduled before the event start date and time, for any reason including any Force Majeure Events, then refunds will be issued to all affected Ticket Purchasers (less the associated Booking Fees), unless otherwise agreed with you.
4.5 If you wish to obtain a refund for a Ticket that you purchased for an event from our website, You should email your request to firstname.lastname@example.org, and include your ticket number, name, reasons for the cancellation request and any documentation that may assist.
4.6 A refund request will be considered up to 24hrs prior to the event start time listed on the purchased Ticket
4.7 The Organiser of the event will be notified of your request and a refund provided (less applicable booking fees) within 7 business days from the request
6. General Disclaimer
6.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
6.2 To the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (b) we will not be liable for any Loss including special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, loss arising out of an act or omission on your part or damage to goodwill arising out of or in connection with the Application, the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise
6.3 We do not endorse any opinion, advice or statement made by any Registered User or other person on or through the Application or Teampay website.
6.4 Use of the Application and the Services is at your own risk.
6.5 The Application and the Services are provided to you "as is" and "as available" without warranty or condition of any kind. We make no representation or warranty about the Application (including but not limited to its accuracy, currency or completeness), Services or any matter referred to in the Application. This includes (but is not restricted to) Loss or damage you might suffer as a result of any of the following:
a. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b. the accuracy, suitability or currency of any information on the Application, the Services, or any services offered by us similar to the of its Services
c. your use of the Application, including Stripe's services use of Stripe and any third party material, links advertisements or otherwise on the Application
d. costs incurred as a result of you using the Application, the Services or any of our products; and
e. the Services or operation in respect to links which are provided for your convenience.
7. Dispute Resolution
7.1 If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
7.2 Before a party seeks any external dispute resolution in relation to a dispute arising in connection with this Agreement these Terms or use of the Application, it will, use reasonable endeavours to resolve the dispute with the other party prior to commencing proceedings.
7.3 If the parties are not able to resolve a dispute in accordance with this clause 14 within 30 Business Days, the parties will endeavour to resolve the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation.
7.4 The mediation will be conducted in accordance with the ACDC Guide lines for Commercial Mediation(Guidelines) that are in operation at the time that the dispute is referred to the ACDC.
7.5 The Guide lines set out the procedures to be adopted, the process for selection of the mediator and the costs involved.
7.6 The terms of the Guidelines are hereby deemed incorporated into these Terms.
7.7 Despite the existence of a dispute between the parties with respect to these Terms, each party will continue to comply with its obligations under these Terms.
7.8 All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
7.9 This entire clause will survive termination of this Agreement14.10 If one (1) day has elapsed after the start of a mediation of the dispute and the dispute has not been resolved, either Party may ask the Mediator to terminate the mediation and the Mediator must do so.
8.1 Amendments - This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or Teampay, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorised representative of Customer and Teampay This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto.
8.2 Notices - All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties’ signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Teampay may give written notice to a registered user via e-mail to the user’s e-mail address as maintained in Teampay’s billing records.
8.3 Waiver - No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
8.4 Limitation of Actions - No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
8.5 Force Majeure - Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
9. Reporting misconduct
9.1 Without limiting any of the foregoing, you may report the misconduct of Users, or any other party. We may investigate the claim and take appropriate action, in our sole discretion.
10.1 In the event that any provision of these Terms is determined to be unenforceable to any extent, such provision shall be deemed to be modified as needed to ensure its enforceability to the maximum extent permitted by law, and shall not affect the validity and enforceability of any remaining provisions.
11. Governing law
11.1 These Terms are governed by the laws in force in Queensland, Australia. Each party submits to the exclusive jurisdiction of the courts of Queensland.