Event Organiser Terms and Conditions
These are the terms and conditions upon which Local Tickets Pty Ltd (ACN 154 816 350) trading as Local Tickets (Local Tickets) provides its services to Event Organisers.
A reference to an Event Organiser (Event Organiser) or ‘’ is a person or an organisation that agrees to sell tickets using Local Tickets’ Services, by signing up for an account (Event Organiser Account) on the Local Tickets website located at www.localtickets.com.au (the Website) and/or the Local Tickets’ application (App).
These Event Organiser Terms and Conditions (Event Organiser Terms) govern the rights and responsibilities of each party in relation to your engagement of Local Tickets to provide services to you and form a binding agreement between you and Local Tickets (Agreement).
Upon creation of your Event Organiser Account, you indicate your acknowledgement, agreement and acceptance of this Agreement with Local Tickets and warrant that you have the necessary legal capacity to enter into this Agreement with us.
c) Ticket Purchaser Terms (for ticket purchasers); and
d) End User Licence Agreement (EULA) for users of our Local Tickets’ App; and
e) Equipment Hire Agreement Terms for Event Organisers who hire our equipment; and
f) Terms included in our Invoices; and
g) any other terms and conditions that may appear on the Website from time to time (for example, competition terms and conditions).
Local Tickets provides a simple, easy-to-use online service for Event Organisers to sell tickets to events hosted by Event Organisers on the Website or App to Ticket Purchasers. Local Ticket does not create or organise any of the events advertised on the Website or App. You are solely responsible for ensuring that any and all content you upload to the Website or App (and the event itself) meet all applicable legislation, rules and regulations, and that the services described by you are delivered as described and in an accurate and satisfactory manner.
3. Your Event Organiser Account
Requirement for registration
Local Tickets reserves the right to make any parts of its Website accessible only to users who have registered.
Application for registration
To register an Event Organiser Account with Local Tickets, head to the Login Page on our Website and hit ‘Sign up’, then complete your details. To register, you must be at least 18 years of age. By applying to register an account, you represent and warrant to Local Tickets that you are over the age of 18 years. Should Local Tickets suffer any damage or other losses because of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from their parents or guardian.
Username and password
When you register to create an Event Organiser Account on this Website, you will create a username and password to access your Event Organiser Account. You are responsible for maintaining the security of your password. Local Tickets will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Local Tickets will be entitled to assume that any person using your Event Organiser Account with your username and password is you or your authorised representative.
You must notify Local Tickets immediately of any known or suspected unauthorised use of your Event Organiser Account password or any other breach of security.
To register an Event Organiser Account, you must provide Local Tickets with:
a) a valid email address; and
b) any other information that we may require during the registration process, such as information about your Event.
You are responsible for ensuring the accuracy and currency of this information and must promptly update this information to maintain its accuracy.
You represent and warrant to us that all information you
provide to us, including the information provided by you through our account
registration module or entered into your Event Organiser Account profile, is
true and not misleading and does not violate any applicable law or regulation
or any person's intellectual property or other rights.
Multiple accounts and automated account opening
You may only open one Event Organiser Account. Accounts
registered by "bots" or other automated methods are not permitted.
Approval of registrations
We reserve the right to accept or reject any application for registration of an Event Organiser Account with this Website in our absolute discretion. We may make registration as an Event Organiser subject to such conditions as we see fit. We will publish such requirements in these Event Organiser Terms, on our registration page or elsewhere on this Website.
Responsibility for finalising Event
In order to ensure accurate and timely payment of your Ticket Revenue and our Fees, you must finalise an Event on your Event Organiser Account dashboard, including:
a) checking the total ticket sales;
b) checking all recorded Local Tickets’ Fees;
c) checking bank account details (incorrect details may result in a third party receiving your payment, in which case we may not be able to retrieve those funds or make any further payment to you – we are not responsible for ensuring your bank account details are correct); and
d) making all necessary adjustments or contacting us with any queries prior to finalising the Event in your Event Organiser Account.
Suspension and de-registration
Local Tickets reserves the right in its absolute discretion to suspend or de-register your Event Organiser Account at any time without notice to you, including if:
a) the Australian Business Number (ABN) or Australian Company Number (ACN) provided by you does not match the ABN or ACN registered to the Australian Business Register;
b) you have not posted an Event within a twelve (12) month period; or
c) Local Tickets determines (in its absolute discretion) that you have not complied or will not comply with the terms of this Agreement.
If you cannot access your Event Organiser Account and believe there has been an error, please contact us.
We provide 15 minutes of free basic phone and email support to assist you to familiarise yourself with the Website and App and access and manage your Event(s) in your Event Organiser Account.
If you would like to engage our Professional Event Ticketing Set Up services, we can do so for the fee published on the Local Tickets Pricing Page at the relevant time (currently $50 per event as at 5 March 2019).
If you require us to fix a problem that has been caused by your acts or omissions we may charge you the Paid Support Rate published on our Pricing Page for any and all time that we spend acting on your instructions, or in response to any request for assistance that exceeds our basic support.
5. The role of Local Tickets
The role Local Tickets will perform for you depends on the Local Tickets’ services you select as well as the payment option you choose for receiving your Ticket Purchasers’ revenue (Ticket Revenue) from us.
The payment options available for selection by you include:
a) Event Day Payment: meaning we hold all Ticket Revenue for you until the day of your event (Event Day). Ticket Revenue less our Fees will be released to you the next Business Day after the event ends (conditional upon the Event Organiser finalising the event in their Event Organiser Account). Please allow 3 Business Days for the funds to clear in your bank account after transfer. Please note that where the Event Organiser is a first-time user of the Local Tickets Website or App, Local Tickets reserves the right to hold the Event Organiser’s Ticket Revenue for a period of up to 120 days after the event to verify the authenticity of the Event Organiser and their Event; or
b) Cash Flow Payment/s: meaning we do not hold any Ticket Revenue for you at all. All Ticket Revenue (less our Fees, which are deducted automatically) is paid to you directly by purchasers via Stripe and subject to Stripe’s terms and conditions. If you select Cash Flow Payment/s, our services will be limited to provision of the technology to facilitate ticket sales.
c) Direct Payments: which apply when using our on-site and on-the-go ticketing solutions and meaning that you receive Ticket Revenue in full for any cash or card payments taken by you directly from Ticket Purchasers. Local Tickets does not hold the Ticket Revenue taken for any direct payments on your behalf. If you select Direct Payment, our services will be limited to provision of the technology to facilitate ticket sales.
Please note that the Event Organiser will receive the Ticket Revenue in full, less our ticketing Fees, for any online ticket sales connecting with the merchant provider Stripe.
6. Ticket Purchaser Refunds
In the case of the Event Day Payment option being selected, Local Tickets will manage the ticket purchaser refund process on your behalf (after you have released the tickets for refund through your Event Organiser Account).
In the case of the Cash Flow Payment option being selected:
a) Local Tickets will NOT manage Ticket Purchaser refunds; and
b) You are directly responsible for providing any Ticket Purchaser refunds through our third-party merchant provider Stripe;
c) In processing refunds through Stripe, you will be accepting Stripe’s terms and conditions; and
d) Local Tickets can, for an additional fee, manage your refunds for you when you select the cash flow payment option. Please feel free to discuss this option with us if you are interested.
In the case of Direct Payments, you are solely liable and responsible to Ticket Purchasers for refunds.
The Event Organiser will pay to Local Tickets fees for Local Tickets’ Services which may include any or all of the following as published on the Pricing Page of the Website from time to time, unless other pricing has been agreed to by Local Tickets in writing:
a) the Event Organiser Fee Per Ticket Sold Fee;
b) the Event Organiser Per Person Per Table Fee;
c) Free Tickets and Events Fees;
d) Customer Charges;
e) Event Set Up Fees;
f) Marketing Fees;
g) Ticketing Fees (for tickets purchased through the Website and/or App);
h) any other Event Organiser Fees published from time to time that relate to your Event(s); and
i) any other associated costs as agreed by the parties (including without limitation any marketing tools purchased, advertising fees and any costs associated with the use and hire of scanners or other equipment).
These fees are collectively be referred to as Local Tickets’ Fees (Local Tickets’ Fees or our Fees).
You will be provided with a Statement of Account or Tax Invoice (Invoice) for our Fees. All Invoices are payable within 14 days of Invoice date.
If you fail to pay our Fees and any Invoice remains overdue after 14 days from the due date, Local Tickets reserves the right to charge interest at the rate of 2.5% above the Consumer Price Index as at that date on all outstanding amounts until paid in full.
If any amounts remain outstanding for more than 60 days, Local Tickets may refer the matter to a debt collection agency or solicitor and you will be liable to pay any costs Local Tickets incurs or becomes liable to pay for the collection of such unpaid amounts, including but not limited to debt collection fees, charges and commissions and legal fees and costs on a full indemnity basis.
Deduction and set-off
Without limitation to the above, Local Tickets is entitled to retain any portion of the Ticket Revenue in satisfaction of our Fees, or any part of them. For clarity, this entitles Local Tickets to set-off any amounts held by Local Tickets and owed to the Event Organiser against the amounts owed to Local Tickets by the Event Organiser.
If we hold any Ticket Revenue as your agent in relation to an Event, then if there is insufficient monies held by us in relation to that Event to pay our Fees in relation to the relevant Event, then you authorise us to deduct the Event Fees, or any part of them, from monies held in relation to any other Event.
Shortfall and chargebacks
To the extent that our Fees exceed the Ticket Revenue, you must pay us the shortfall within 14 days of the date of the Invoice issued to you.
In circumstances where Local Tickets is required to pay any amounts as a result of a chargeback, the Event Organiser is liable to Local Tickets with respect to the full amount of any chargeback and any associated costs and bank fees.
If an Event is cancelled, you will be required to pay our Fees and a $1 Refund Fee for every booking (or $2 Refund Fee for every booking if you require our notification service). You may opt to pay the Booking Fee (which would ordinarily be paid by the Ticket Purchaser). All fees owing to Local Tickets must be pre-paid before the Ticket Purchaser refunds will commence.
If you hire any Equipment from us, our Hire Agreement terms and conditions (which we will send to you) will apply, and:
a) we may require you to provide us with a Security Amount;
b) you agree that we may withhold the Security Amount from any monies that we owe you under this Event Organiser Agreement until we receive the returned Equipment in Good Working Order.
Any Equipment that is returned and not in Good Working Order will incur additional costs for the reasonable repair or replacement of the relevant Equipment, as the case requires. We may deduct any such costs from the Security Amount.
Subject to any deductions contemplated by this Agreement, we will remit the Security Amount (if any) to you within 5 Business Days of receiving the Equipment in Good Working Order, or taking such action as is required to repair, restore, or replace the Equipment as the case requires.
8. No Warranty or Guarantee
Other than any guarantees the Event Organiser may be entitled to pursuant to the Australian Consumer Law or any other law, all other guarantees in relation to Local Tickets’ Services are specifically excluded.
Local Tickets will deliver its Services in a professional manner, in good faith and with all requisite care and skill, however Local Tickets makes no warranty or guarantee as to specific commercial, financial or legal outcomes. While strategic goals may be discussed before or during the engagement, Local Tickets does not warrant or guarantee that any such goal will be achieved. Any indications given are examples and are based on experience. These must not be relied on to predict future results.
To the maximum extent permissible by law, we limit our liability to you, including by limiting liability under section 64A of the Australian Consumer Law to, at our option, re-supply of goods or services or payment of the cost of having the goods or services delivered by another provider. To the maximum extent permissible by law, we specifically exclude liability for negligence and for consequential loss or damage, including loss of business profits or reputational damage.
If for any reason the ACL doesn’t apply to a ticket purchase you make through Local Tickets (for example, if you are purchasing from outside Australia), then we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise in accordance with our refund policy set out below.
9. Event Organiser warranties
The Event Organiser warrants that:
a) they have not relied on any warranty, guarantee or representation given by Local Tickets in entering into this Agreement;
b) the Ticket Purchaser Terms and Conditions form the basis of all ticket sales for Events registered on the Website and/or through the App;
c) the Event Organiser must use the Ticket Purchaser Terms provided by Local Tickets to govern the sale of tickets to Ticket Purchasers, but may upload their own additional terms and conditions which will apply in conjunction with the Ticket Purchaser Terms;
d) in the case of Direct Payments for tickets, the Event Organiser will publish and/or make available the Ticket Purchaser Terms to each Ticket Purchaser at the time of the direct ticket purchase;
e) the Event Organiser will do all things necessary to meet its obligations under the Ticket Purchaser Terms, and will assist Local Tickets to meet its obligations under those terms;
f) the Event Organiser will not use the Website or the App to mislead or deceive any person;
g) Local Tickets is in no way responsible for the success of any Event publicised through the Website or App;
h) Local Tickets is in no way responsible for your relationship with your Ticket Purchasers.
The Event Organiser consents to Local Tickets using the Event Organiser’s name, brand, trade marks and general details of the engagement to promote Local Tickets’ business.
The Event Organiser acknowledges that Local Tickets has established a valuable reputation and goodwill in Australia in the area of ticketing services. Subject to law and the rights of the Event Organiser in connection with the enforcement of this Event Organiser Agreement, the Event Organiser may not at any time:
a) disparage, permit or authorise the disparagement of Local Tickets, any of its related entities or any director, officer, employee, agent, consultant or adviser of Local Tickets or of its related entities; or
b) otherwise make, permit or authorise the making of any statement in anyway relating to or connected with any matters in dispute which is calculated or is reasonably likely to cause damage to Local Tickets, any of its related entities or any director, officer, employee, agent, consultant or adviser of Local Tickets or its related entities (including damage to their respective reputations).
This clause survives termination of this Agreement.
The parties recognise that it will be necessary during the engagement to reveal Confidential Information to each other. Each party agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which they have obtained, except as authorised by the other party or as required by law and will undertake reasonable commercial measures to maintain the confidential nature of the Confidential Information, including the signing of reasonable non-disclosure agreements by personnel of either party on request.
This clause survives termination of this Agreement.
12. Intellectual Property
Local Tickets reserves all its Intellectual Property Rights not expressly granted to you in this Agreement.
13. Limitation of Liability and Indemnity
Nothing in this Agreement is intended to exclude any right or guarantee to which the Event Organiser is entitled under the Australian Consumer Law.
Where Local Tickets’ Services fall within the scope of the Australian Consumer Law, Local Tickets’ liability to the Event Organiser is limited to the fullest extent permissible by law, including by limiting liability under section 64A of the Australian Consumer Law and to a maximum value equal to the contract value under this Agreement. Local Tickets specifically excludes liability for negligence. To the maximum extent permissible by law, Local Tickets excludes liability for consequential loss or damage, including loss of business profits or reputational damage.
Otherwise, Local Tickets excludes all liability to the Event Organiser (including for negligence and consequential loss or damage, including loss of business profits or reputational damage) and the Event Organiser hereby waives, releases and discharges, on a continuing basis, all claims they have or may have against Local Tickets relating to the provision of Local Tickets’ Services, however arising.
The parties may communicate electronically with one another for the purpose of this Agreement using email and data storage devices, including cloud-based storage facilities such as Dropbox, GoogleDocs or OneDrive.
The parties acknowledge and agree there are some delivery risks in using email and other electronic communication and document storage and sharing methods and that computer viruses and similar damaging items can be transmitted through these methods.
The parties undertake to use appropriate electronic and information technology protections and protocols (such as password protection and virus-scanning software) to reduce these risks.
The parties acknowledge that it is not possible to eliminate the risk of introducing viruses altogether, accept the risk of interception of emails by third parties or of non-receipt or delayed receipt of emails and hereby release one another from all claims, losses, expenses and liabilities caused by any of the risks referred to above and arising directly or indirectly out of that communication.
Either party may terminate this Agreement:
a) on 7 days' written notice to the other party;
b) by agreement of the parties; or
c) as otherwise set out in this Agreement.
Local Tickets may terminate this Agreement:
a) immediately on written notice to the Event Organiser, if the Event Organiser engages in conduct which Local Tickets reasonably considers to be illegal, immoral, unfair or deceptive, or which may otherwise jeopardise Local Tickets’ name, reputation or business;
b) on expiry of notice given, if the Event Organiser breaches a term of this Agreement and fails to remedy the breach within 14 days after having received notice in writing of the breach; or
c) immediately on written notice to the Event Organiser, if an Insolvency Event occurs in relation to the Event Organiser.
If termination is disputed, it will be dealt with in accordance with the dispute resolution provisions of this Agreement.
16. Consequences of Termination
If this Agreement is terminated:
a) all rights and obligations accrued up to the date of the termination (including, in particular, the Event Organiser’s obligation to pay Local Tickets’ Fees) are not affected;
b) we may invoice you for any of our Fees that have accrued and not yet been paid by you under this Agreement;
c) we may take any action necessary to prevent you from accessing the Website, App or our Services generally;
d) Your licence to use our Website and App immediately ends;
e) we may, but need not, keep all data and content uploaded by you to the Website and/or App for our records;
f) we may destroy any data and content uploaded by you to the Website and/or App;
g) we may continue to send you information about our Services, and other marketing information.
This clause and any other clause which by its nature is intended to survive termination, will survive termination of this Agreement.
17. Dispute Resolution
If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.
The party claiming the dispute must first inform the other party in writing of the following:
a) the nature of the dispute;
b) the outcome they desire to resolve the dispute, and
c) the action they believe will settle the dispute.
On receipt of the notice by the other party, both parties will make every effort to resolve the dispute by mutual negotiation within 20 Business Days.
If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of Queensland appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Brisbane, Australia, unless otherwise agreed in writing.
All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
This clause survives termination of this Agreement.
The following additional terms and conditions apply to this Event Organiser Agreement:
a) Local Tickets is an Australian Owned business and all prices displayed on the Website are in Australian Dollars (AUD). Any international events will be marketed on an international region-specific website and the local currency will be displayed.
b) All prices listed on the Website are inclusive of GST, where applicable, unless stated otherwise.
c) As an Event Organiser you must not assign, sublicense or otherwise deal in any other way with any of your rights under this Agreement.
d) Each party must at its own expense do everything reasonably necessary to give full effect to the terms of this Agreement.
e) Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
f) Local Tickets may sub-contract one or more aspects of the Services, provided always that Local Tickets will remain the head contractor and will be responsible for the delivery of Services in accordance with this Agreement.
g) The parties acknowledge that this Agreement is intended as an agreement for the provision of Services and creates the relationship of principal and contractor and not any other relationship and, in particular, not the relationship of employer and employee, principal and agent or the relationship of partnership.
h) This Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this Agreement.
i) If anything in this Agreement is unenforceable, illegal or void, it is severed, and the rest of the Agreement remains in force.
j) Any waiver by any party to a breach of this Agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
k) Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this Agreement where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities, theft, cyber theft or major injury or illness of key personnel.
l) Any amendment or variation to this Agreement (such as a change to the Services to be provided) is not effective unless it is agreed in writing by both parties, unless otherwise set out in this Agreement.
m) The law of Queensland governs this Agreement and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.
n) A notice required to be given to a party under this Agreement must be in writing and delivered to that party in one of the following ways:
i. delivered personally;
ii. posted to their address, when it will be treated as having been received on the second Business Day after posting; or
iii. sent by email to their last-notified email address, when it will be treated as received when it enters the recipient’s information system or otherwise when the recipient confirms receipt, whichever occurs first.
The terms in this clause have the following meanings, unless the context indicates otherwise:
a) Agreement means this Event Organiser Agreement between Local Tickets and you as the Event Organiser.
b) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
c) Business Day means a day on which banks are open for business in Brisbane, other than a Saturday, Sunday or public holiday.
d) Confidential Information refers to any data or information relating to Local Tickets or the Event Organiser, whether business or personal, written or oral and regardless of how or when it was provided to the other party, which would reasonably be considered to be private or proprietary to Local Tickets or the Event Organiser and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to Local Tickets or the Event Organiser.
e) Consumer Price Index means the percentage increase in price for fixed basket of goods and services purchased by the average household in 8 capital cities around Australia for the year to the latest quarter, as determined by the Australian Bureau of Statistics.
f) Event means an event created in your Event Organiser Account for the purpose of selling tickets to the event through Local Tickets’ Services.
g) Event Organiser means a person or an organisation that agrees to sell tickets to an event using Local Tickets’ Services, by signing up for an Event Organiser Account.
h) Event Organiser Account means an Event Organiser user profile or account registered on the Website.
i) Fees means the fees charged for Local Tickets’ Services as listed on the Pricing Page of our Website from time to time or as otherwise agreed in writing between us.
j) Good Working Order has the meaning given to it in our Equipment Hire Agreement.
k) Insolvency Event includes any event which indicates that the party in question is unable to pay their debts as they fall due, including any of the following events:
i. becoming unable to pay debts as they fall due;
ii. an act of bankruptcy;
iii. enter into a composition or arrangement with creditors;
iv. execution levied by creditors, debenture holders or trustees under a floating charge;
v. institution of any actions or proceedings, whether voluntary or compulsory, which has the object of or which may result in winding up (except for the purposes of reconstruction);
vi. making of a winding up order; and
vii. appointment of an official manager, receiver, receiver/manager, provisional liquidator or liquidator,
but does not include a transfer of ownership.
l) Intellectual Property Rights means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration, and all digital and electronic rights.
m) Security Amount has the meaning given to it in our Equipment Hire Agreement.
n) Services means the services offered by Local Tickets as listed on the Services Page of our Website from time to time or as otherwise agreed between us.
o) Ticket Revenue means the revenue paid by ticket purchasers to Local Tickets for admission to your Event(s).
In the interpretation of this Agreement:
a) References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
b) Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
c) Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement;
d) Grammatical forms of defined words or phrases have corresponding meanings;
e) Parties must perform their obligations on the dates and times fixed by reference to Brisbane, Australia;
f) Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
g) If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day;
h) References to a party are intended to bind their executors, administrators and permitted transferees; and
i) Obligations under this Agreement affecting more than one party bind them jointly and each of them severally.