General Information

Tixstar.com is a website operated by TIXSTAR and is also referred to as the “Site" in these Terms. TIXSTAR is Tixstar Pty Ltd (ABN 19 609 352 721) an Australian private company limited in liability by the value of its shares, and TIXSTAR is also referred to as “we” and “our” on the Site . Terms mean these terms and conditions of TIXSTAR as set out below as varied and amended by TIXSTAR in its absolute discretion as notified on the Site from time to time.

Using our Website

To use this Site you must first agree to the Terms. If you do not agree to the Terms, please leave the Site now. TIXSTAR reserves all rights to alter, change and vary the Terms. Each time you use the Site, it is your total responsibility to be aware of our current Terms.

Definitions

‘Buyer’ is a person who is seeking to purchase products or services from a Vendor who advertises on the Site. ‘Merchant’ is otherwise known as TIXSTAR. ‘Seller’ means a seller of products and services advertised via TIXSTAR who is a: (a) Retail Seller, who chooses the retailer classified product within the Site. A retail seller must be based in Australia, have an ABN, conduct a business of selling products or services operated from retail premises; or (b) Private Seller, being an individual person selling via TIXSTAR other than via a retailer classified product on the Site. “you” and “your” refers to you as a user of the Site, whether or not you become a Buyer or Vendor.

The Site

Tixstar.com is an online advertising medium / marketplace where Buyers purchase all sporting event and entertainment tickets, hospitality packages and experiences via the Site.

Advertising on Tixstar.com All advertising content uploaded to the Site must relate to sporting events and entertainment experiences and fall within the Tixstar.com search criteria, which we set out when you upload your content. TIXSTAR may reject advertisements not relevant to sporting events and entertainment experiences; including tickets, hospitality packages, merchandise, memorabilia, appearances and associated accessories and TIXSTAR reserves the right to cancel advertisements not relevant to these subject matters without notice and without refund or any other obligation to the relevant Vendor. Any fees you paid to TIXSTAR to place an advertisement on the Site does not grant you exclusive rights to any web page on the Site. All advertisements placed on the Site must be prepaid, unless agreed otherwise with an authorised representative of TIXSTAR. When uploading information/content to the Site, you hereby assign all copyright in that information/content to TIXSTAR including content uploaded to our blog. If you upload information/content to the Site to which you do not own the copyright, it is your responsibility to obtain the consent of copyright owner to reproduce that information, and you hereby warrant to TIXSTAR that you have done so before uploading any such information/content and indemnify TIXSTAR against any loss and damage it may suffer or incur as a result of any claims of copyright infringement if TIXSTAR uploads it to the Site. Your TIXSTAR advertisement may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. TIXSTAR reserves the right to reject, amend or vary any information you upload to the Site. .Any phone numbers or other contact details you provide for advertisements must be yours or you must have permission to use them. TIXSTAR reserves the right to verify the availability of items offered for sale and to verify the information contained in any advertisement. TIXSTAR may access your records and systems and/or contact you for the purposes of verification or clarification of any details relating to your advertisement. You agree to provide such additional information as TIXSTAR reasonably requires. Failure to comply with any directions given by TIXSTAR including these Terms may result in your account, advertisement or any information you upload to the Site being pulled down from the Site, varied, suspended or cancelled. Except within the allocated area on the Site, under no circumstances are Vendors to advertise their own telephone numbers, web addresses or email addresses within their advertisements on Tixstar.com. Failure to comply may result in your service being varied, suspended or cancelled. Vendor advertisements must be “classified in nature” that is offer for sale a product or service relevant to the Site. Blanket advertisements such as “25% off all events” are considered to be generic advertising and are not allowed within the classified section of Tixstar.com. Failure to comply may result in your service being varied, suspended or cancelled. All advertisements placed by Vendors must include offers for the sale of immediately available products and services, and must not offer such products and services if they are not available for immediate purchase and delivery. Failure to comply may result in your service being varied, suspended or cancelled. If the products and services offered for sale are of a custom design and build product, it is the Vendor’s responsibility to provide indicative lead times and firm delivery dates to the Buyers. To submit a Private Seller advertisement, you must be a Private Seller , and submit completed TIXSTAR Private Seller forms with payment in full of all relevant fees.
A Private Seller advertisement will expire 60 days from the date of its first upload to the Site, at which time the Private Seller has the option to renew the advertisement for the Renewal Fee – Refer to our rates and charges. The renewal period is for a further 60 days from the date you pay the renewal fee.

Consumer Information

Currency and payments gateway All transactions are processed in AUD and we use a third party payment gateway to process your payment. We do not retain any of your credit card details on the Site. TIXSTAR is not responsible or liable for the acceptance, maintenance or upkeep of the payment system used on the Site. You hereby indemnify TIXSTAR against any claims you may have relating to the use of the third party payment system on the Site.

Shipping and Delivery Policy

Standard delivery timeframes are between 3-10 business days from confirmation of your purchase. If an order is not available or we are unable to deliver your order within the standard delivery timeframe, we will notify you within 2 business days to arrange an alternative item, a backorder or a full refund, at our discretion. We are not liable for any loss or damage caused to or suffered by you if there are delays, late deliveries or non-delivered items but we will use all reasonable endeavours to fulfil your order. The shipping cost is an ESTIMATE only and extra charges may apply, this is dependent on the size and the weight of the product and your delivery location. As a general rule the shipping cost quoted applies for delivery within the metro area where the Vendor is located, outside of this area additional freight costs may apply. If extra shipping costs do apply the Vendor will be in direct contact with you once your order has been placed. All freight queries should be directed to the Vendor. Delivery times will vary depending on the product and your location. Any delivery queries should be directed to the retailer.

Click & Collect

The click and collect feature on TIXSTAR enables the Buyer to purchase a product online and then collect it direct from the seller in certain circumstances. The service is only available on products that feature the Click & Collect icon. It is the Buyer's responsibility to ensure they have the correct pickup address and that they have correctly entered all order details (including their contact details). Buyers will be notified by the Vendor within approximately 24-48 hours after the order has been accepted by the Vendor when the product will be ready for collection. At the nominated collection point and delivery date, Buyers must present their current photo identification and the receipt of purchase for the order to collect the product.

Customer Service

All Vendors are committed to providing exceptional customer service and quality products. They endeavour to make sure that all products listed on Tixstar.com are current and pricing is valid and correct at the time of offering such products on the Site. TIXSTAR is not liable for any price changes, errors or misdescriptions on the Site.

Security

When purchasing, your financial details are passed through a secure third party server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre (03) 9257 3240.

Vendor Obligations

All advertisers on the Site must comply with the Australian laws and regulations that apply to fair trading. Vendors must not post / submit illegal content to this Site and must not use inappropriate terms to describe their products or services on this Site. Any Vendor who submits such content may be reported by TIXSTAR to the proper authorities. TIXSTAR reserves the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by TIXSTAR to contain illegal or inappropriate content or terms. Vendors must not use this Site to promote any other site or products outside of this Site. Vendors represent themselves as having the legal right and capacity to sell the advertised products and services. Vendors must immediately notify TIXSTAR upon the sale of an item in their advertisement. Vendors must not use any Tixstar.com facilities available on the Site for any activities or to transmit information which could; defame, harass, threaten, menace or offend any person including information that could infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets) or is inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, illegal in Australia, defamatory or confidential, is false, misleading inaccurate or deceptive, is discriminatory in breach of State or Commonwealth anti-discrimination legislation, or which identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority. Vendors must not knowingly transmit any virus, worm, Trojan horse or any other disabling features to or from Tixstar.com and indemnify TIXSTAR against any loss or damage should they do so. By becoming a Vendor, you acknowledge that TIXSTAR may on-charge all associated costs relating but not limited to charge-backs, fulfilment, warranties, returns and product defects that are incurred in relation to honouring these Terms. These costs will be automatically debited to your credit card or direct debit account provided to TIXSTAR.

Vendor Payment Terms

Products are subscription based and the minimum term of the contract is outlined in the product that is selected by the customer. Minimum 12 month subscription is a minimum 12 month term; Minimum 6 month subscription is a minimum 6 month term; or the casual month to month product is billed on a monthly basis. No Fixed Term. Payments will be charged monthly to customer accounts based on the original purchase date. For all vendor payment options please email info@tixstar.com Once the minimum term has passed TIXSTAR will continue to charge the customer’s account until TIXSTAR is notified in writing, to cancel the service. Notice periods are outlined in the Cancellation section. By agreeing to the terms and conditions, you have authorised TIXSTAR to arrange for funds that may from time-to-time become due to TIXSTAR under your account. These funds will be debited from your nominated account in amounts and at intervals as advised by TIXSTAR to your financial institution. Unless agreed with you otherwise, your account details will be kept confidential except that information may be provided to your financial institution to initiate the drawing or charging to your nominated account or in connection with a claim of alleged incorrect or wrongful withdrawal/charging. All fees listed on Tixstar.com will state if they are inclusive of GST. By selling online on TIXSTAR you give us permission to accept 100% payment of the goods or service. TIXSTAR will pay Vendors (less minimum 5.5% Tixstar transaction + merchant fee) for all completed and dispatched items seven days following the dispatch of the item. If the seventh day falls on a weekend or public holiday, payment will occur the next closest business day. Payments will be via electronic transfer to the desired bank accounts. The Vendor must provide TIXSTAR with the appropriate BSB and Account number in order to be paid. TIXSTAR takes responsibility for the sale of products to a Buyer. This includes but is not limited to customer service, charge backs, fulfilment, warranties, returns and product defects etc. By becoming an advertiser or retail Seller on this Site, you acknowledge that TIXSTR will on-charge all associated costs relating but not limited to charge-backs, fulfilment, warranties, returns and product defects that are incurred in relation to honouring these Terms and Conditions. These costs will be automatically debited to your credit card or direct debit account provided to TIXSTAR. TIXSTAR will give you at least 14 days notice in writing of any changes to the terms and conditions of the automated billing structure. This will state the new amount, frequency, next charging date and any other charges to the terms. By choosing Direct Debit as your preferred payment method you are agreeing with the terms and conditions outlined in your Direct Debit Service agreement outlined here

Cancellations

Cancellations of subscriptions must be made and accepted by TIXSTAR in writing via mail or email to the below addresses: 136 Buckhurst St, South Melbourne, VIC 3205 email – info@tixstar.com Cancellation of advertising within the first six months of subscription to the site, will incur a penalty of two month's subscription. Cancellation of advertising after the first six months of subscription to the site, will incur a penalty of one month's subscription. Service to your Tixstar.com account will still be maintained during the notice period. Cancellation of advertising after the first 12 months of subscription to the site, will not incur any penalty. Ads will cease being displayed at the end of your pre-paid advertising period.

Copyright

All content, graphics and programming codes on the Site are and will always remain the intellectual property of TIXSTAR and is protected by Australian and International intellectual property rights laws.

Authenticity

TIXSTAR makes no warranties of the authenticity of its advertisers or users on the Site.

Third Party Contributions TIXSTAR reserves the right to moderate, vary and/or remove or delete any third party contributions to our website and all inherent social media channels. TIXSTAR will endeavour to foster a respectful culture of contributions from third parties who comment on the Site. However, we will not be held responsible for any adverse, incriminating, slanderous, derogatory or disparaging and/or inappropriate comments made by other parties - be they individuals or businesses - on our website or any of our social media channels.

General Terms and Conditions

Some information on the Site may be derived from external sources (including you). TIXSTAR does not endorse or warrant the accuracy of the editorial or advertising information, data or content and does not accept any liability for inaccuracies or omissions of this information. If you are the subject of an interview and/or article and/or feature and/or video of any sort that appears on TIXSTAR, you accept that copy is prepared with editorial integrity and that TIXSTAR’s word is final in terms of the information included or omitted. You also accept the possibility that editorial errors may occur. TIXSTAR will make every effort to amend errors as soon as they are brought to our attention, but we will not ultimately be held liable for any such errors. If you supply images to TIXSTAR to accompany the interview/article/feature/video, you hereby assign all publication rights to enable TIXSTAR to use this material for all of its marketing initiatives, including Electronic Database Mail, advertising, etc. TIXSTAR assumes you have the rights to these images in the first place, and assumes no liability should this not be the case. Information contained in the ‘Blog’ section of the Site does not constitute recommendations or advice relating to the suitability of a product or service. TIXSTAR strongly recommends you seek independent advice, financial or professional or otherwise before acting upon material on the Site. The content of TIXSTAR.com is for general information purposes only and is not to be taken as directives or instructions from TIXSTAR. TIXSTAR accepts no liability or responsibility for injury, loss, damage or death however caused in these circumstances. Hyperlinks to other Sites contained within Tixstar.com are not maintained or controlled by TIXSTAR. These third party hyperlinks are provided as a reference solely for your convenience. TIXSTAR gives no warranties about third party sites, nor does TIXSTAR accept any responsibility for or endorse content or use of these Sites. If you enter a third party site from Tixstar.com, you do so at your own risk. Buying or selling a product from a Private Seller via this Site is the sole responsibility of the Buyer. If TIXSTAR does not act in relation to a breach of any of these Terms & conditions, this is not to be interpreted as a waiver of that breach of these Terms. TIXSTAR gives no guarantees regarding the placement, display or content of advertisements uploaded to the Site. TIXSTAR reserves the absolute right to control editorial material and all content on the Site. TIXSTAR may terminate, limit or refuse to publish any content in its absolute discretion if TIXSTAR considers the content not to be in the best interests of the Site or to be offensive or inappropriate for publication. TIXSTAR and you are independent. No contractor, agency, partnership, joint venture or employment relationship is created by these Terms between you and TIXSTAR.

Our Privacy Policy

In order for you to register as a Buyer or Vendor, TIXSTAR needs to collect some personal information. This information may be used for certain follow up services provided by Tixstar.com. Please review our full Privacy Policy by visiting www.tixstar.com

Disclaimer

All reasonable care will be taken whilst compiling Tixstar.com content, including the approval of advertising content from Vendors provide that TIXSTAR is not liable for any such content. However TIXSTAR does not warrant or represent that it is complete, current or free from typographical error, other errors or omissions. Information, software, products, and services may include inaccuracies. TIXSTAR endeavours to provide continual availability of our services and access to the Site. However access to the Site may not always be possible due to many factors including those that are out of our control. TIXSTAR does not warrant or represent that our services and access to the Site will be timely, continuous, fault free, uninterrupted, secure or virus free. TIXSTAR takes no responsibility for the accuracy of price or specification information for products. All prices and product specifications are obtained from Vendors including form stores/retailers and other third parties. TIXSTAR makes all reasonable effort to deliver only accurate information, but cannot be held responsible for information presented by the Vendors including stores, retailers and other third parties. TIXSTAR accepts advertisements in good faith. All such information, software, products and services are provided "as is" without warranty of any kind. TIXSTAR do not warrant or represent that the services, software or products, advertised on the TIXSTAR Site will be suitable for any purpose, or that an advertiser or Vendor has any particular skills, knowledge, qualifications or is legally entitled to carry on a particular business. As a Buyer it is your responsibility to verify any information on TIXSTAR.com and to investigate for yourself the condition, quality and suitability of any goods or services advertised on the Site. TIXSTAR hereby disclaims all warranties and conditions with regard to any information, software, products, and services, including but not limiting to: Warranties and conditions of merchantability; Fitness for a particular purpose; and Title and non-infringement of intellectual property rights. Under no circumstance will TIXSTAR or the Vendors be liable for any incidental, direct, indirect, special, consequential or punitive damages arising out of or in any way connected with use of the Site or inability to use the Site or for any products, information, services and software obtained through the Site, or otherwise arising out of the use of the Site. In accepting these Terms you agree to indemnify TIXSTAR and our Vendors, contractors, employees and agents against all claims, costs, demands, damages and liabilities related to your use or inability to use the Site. Any advice, representation, recommendation, information or assistance provided by TIXSTAR in relation to products or services or their use or application is given in good faith and is believed by TIXSTAR to be appropriate and reliable. However, any such advice, recommendation, information or assistance is provided without liability or responsibility on the part of TIXSTAR. The only conditions and warranties which are binding on TIXSTAR in respect of the state, quality or condition of any products and/or services supplied by it to the Buyer are those imposed and required to be binding by statute (including the Competition and Consumer Act 2010). The liability, if any, of TIXSTAR arising from the breach of such conditions or warranties will, in the case of terms applying to the provision of products and services not of a kind ordinarily acquired for personal, domestic or household use or consumption, at TIXSTAR’s option, be limited to and completely discharged by either the replacement or the repair by TIXSTAR of the products and/or resupply of services supplied to the Buyer or payment of the cost of the same and otherwise, to the maximum extent permitted by law. Otherwise all other conditions and warranties whether express or implied or applied by law in respect of the products or services which may apart from this clause be binding on TIXSTAR are expressly excluded and negatived. Provisions of the Competition and Consumer Act 2010 (Cth) or any applicable State, Territory or Commonwealth legislation may imply warranties, confer statutory guarantees or impose other obligations on TIXSTAR which cannot be excluded, restricted or modified at all or except to a limited extent. To the extent permitted by law, PAP's liability under such provisions shall be limited at TIXSTAR's option to: a) the replacement of any affected products or services; b) the refund of the Price paid for any affected products or services; or c) the payment of any amount equal to the cost of replacing any affected products or services. These Terms are subject to the laws of Victoria, Australia, and you agree to submit to the exclusive jurisdiction of the Courts of that State.

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