By accessing www.rotix4.com.au ("Site"), a website owned by Top Gun Multimedia Pty Ltd (ABN: 71 164 207 318), listing goods and services for sale or purchasing the goods and services offered by Rotix4 on behalf of agents, promoters or organisers ("Sellers"), Sellers and Users agree to be bound by the following terms and conditions ("Agreement"):
1. VARIATION, TERMINATION AND INCLUSION
- By using the Site, Sellers and Users confirm that they have the full power and authority to enter into and perform in accordance with the terms of this Agreement. Sellers and Users also agree that this Agreement is legal, valid and binding, and that its terms and conditions can be enforced.
- Sellers and Users understand that any breach of this Agreement may lead to termination of the Agreement and further action, including legal proceedings.
- Rotix4 may change the terms in this Agreement as deemed necessary by Rotix4. When the terms are changed, Rotix4 will post notice regarding the change(s). Sellers and Users agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Rotix4 and discontinue your use of the Site. If you use the website after Rotix4 has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.
- This Agreement must be read in conjunction with the Live Performance Australia Code of Practice and is taken to include its terms to the extent that those terms are not inconsistent with the terms of this Agreement.
- All tickets are sold by Rotix4 as an agent for the Seller of an event. Any claims by Users arising from a purchase of tickets are solely against the Seller.
- All tickets are sold subject to the terms and conditions imposed by the Seller. Users must rely on their own enquiries to ascertain those terms and conditions, if any, before purchase.
- Seller’s terms and conditions may include terms regarding admission, smoking, children, alcohol, dress standards and other issues.
- Rotix4 accepts no liability to Sellers or Users for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from the access to, use of, inability to access or reliance on the Site or its content.
- While Rotix4 attempts to ensure the accuracy of information provided on the Site, Rotix4 does not guarantee the accuracy of information, the suitability of products, or anything else.
- The Rotix4 Site, and all other goods and services produced or supplied by Rotix4 come “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
- Users must rely on their own enquiries as to the accuracy of information provided on the Site, including but not limited to venue, performing artists, program, seating arrangements and audience capacity.
- Adequate time must be allowed for delivery of tickets. If collection of tickets is proposed, it is the User’s responsibility to arrange collection prior to the event.
- Rotix4 makes no warranty or representations regarding any company, individual, website or organisation mentioned on the Site, any links from the Site, or the seller of goods or services offered through the Site.
3. LEGAL FORUM AND CHOICE OF LAW
By doing business with Rotix4 (accessing the Site or purchasing the Products & Services offered by Rotix4) Users and Sellers agree that:
- they have entered a contract in Shepparton, Victoria, Australia; and
- that this contract shall be governed by the law of Victoria; and
- that the appropriate legal forum for any action arising out of this Agreement shall be a Court sitting in Shepparton, Victoria Australia for any action in which the jurisdiction by virtue of the action is the Local Court or District Court of Victoria.
- In addition to complying with all restrictions on conduct and content, Sellers and Users are responsible for adhering to all local and national laws that pertain to their location, wherever they are.
4. COPYRIGHT AND TRADEMARK INFRINGMENT
- Rotix4 owns all content on this website. Any use of any portion of the website will be an infringement of Rotix4 copyright.
- All Sellers and Users agree that they will be liable for any unauthorised use of Rotix4 copyrights.
- Sellers uploading content to Rotix4 retain copyright to their content and grant Rotix4 the right to publish and use that content.
6. REFUND AND RESALE POLICY
- Rotix4 will only offer a refund if an event has been cancelled, relocated or re-scheduled and we receive an application for your refund is submitted no later than 1 month from notice of the cancellation, except as set out in the LPA Code of Practice.
- Rotix4 will, in the event of a refund, retain any fees charged to the extent permitted by law.
- Rotix4 reserves the right to charge a fee for replacement of tickets, or alternatively decline to provide replacement tickets.
- Entry to an event may be refused if your ticket has already been checked in, is not valid or authentic or you breach any of the terms and conditions associated with the expected code of conduct and terms and conditions applicable to that event.
- Tickets that are resold or assigned may not be honoured. Tickets that are resold for a premium, or used for advertising, promotion or any commercial purpose without the written consent of Rotix4 and the Seller will be cancelled without refund, and the bearer refused admission.
- Payment for goods and services purchased from Rotix4 is by way of an internet secure payment system sourced from a third party. Please refer to terms and conditions of the third party for particulars regarding the transaction.
- All prices are inclusive of GST unless otherwise stated. A Tax invoice for purchases will be automatically provided.
8. CHARITY AND FUNDRAISING
- Rotix4 will only ever permit authorised and legally identified charities, non-profit organisations, community organisations, schools, hospitals and other community services to use the Site for fundraising purposes.
- Rotix4 pledge to donate 30¢ from every Rotix4 transaction to Rotary and/or authorised charities, non-profit organisations, community organisations, schools, hospitals and other community services.
- Each party to this Agreement shall be excused from performance and shall not be liable for any delay caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers, except for obligations to make payments hereunder. These contingencies include, but are not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, labour disturbance or shortage, failure or delay in transportation, act of any government affecting the terms of this Agreement, accident, fire, explosion, flood, severe weather or other act of God.
- This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
- The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right.
- Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
- Rotix4 may at its discretion suspend or terminate operation of the Site for maintenance or other reasons. In addition, technical and other issues may make the Site unavailable from time to time. Rotix4 makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet Sellers' or User's purposes. Rotix4 may also in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to its users.
- All provisions of this Agreement relating to payment, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.