1. OVERVIEW
1.1 Introduction. This document, as amended from time to time in accordance with its terms, ( "Agreement") sets out the terms and conditions under which Ticketmaster NZ Limited (number 1587216) (referred to as "Ticketmaster", "Ticketmaster Resale", "Us" or "We" where applicable) provides ticket buyers ("you", "You", "Your" or "Buyer") the opportunity to purchase tickets listed on the Ticketmaster Resale website at resale.ticketmaster.co.nz (the "Website") from third party sellers ("Seller" or "Sellers"). By using the Website and purchasing tickets over the Website, You expressly agree to be bound by the terms and conditions of the Agreement.
We strongly recommend that You read and understand the Agreement and, in any event, by continuing to use the Website and buy tickets via the Website You will be bound by the terms and conditions of the Agreement.
Nothing in the Agreement is intended to limit or exclude Ticketmaster Resale’s liability under applicable consumer law including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
1.2 Modification. If We decide to amend, alter or otherwise change the terms of the Agreement, We will notify You by posting the revised version of the Agreement on the Website and emailing You at Your registered email address. The revised Agreement will automatically take effect on being posted on the Website and will replace the terms of any previous versions of the Agreement for all new ticket orders initiated on or after the date it is posted. Your continued use of the Website will constitute Your acceptance of the revised Agreement. If you do not agree with the terms of any revised version of the Agreement, please do not continue to use the Website.
11.3 About Us. Ticketmaster Resale is a Ticketmaster NZ Limited (number 1587216) business. Ticketmaster Resale can be reached at 0800 770 015 or at resale.service@ticketmaster.co.nz.
Ticketmaster Resale is not a box office or event promoter. Ticketmaster Resale, through the Website, facilitates an open market place through which tickets may be purchased or sold by Buyers and Sellers. We do not take ownership of any tickets listed by Sellers or purchased by You and We are not a party to any contracts that may arise outside of the Agreement between You and any Seller when tickets are sold and purchased via the Website. Prior to placing any order for tickets, You should carefully consider the legal rights and obligations that may arise outside of the Agreement between You and a Seller from the purchase of the relevant tickets and, if in doubt, you should seek further legal advice in respect of these rights and obligations.
Ticketmaster NZ Limited, through its “Ticketmaster” business, sells tickets on behalf of third parties who provide or sponsor an event or who operate a venue where events are held (“Event Partners”). Some of the tickets listed for sale on the Website will be tickets that were originally issued by Ticketmaster on behalf of Event Partners (“Ticketmaster Tickets”). As Ticketmaster was the original issuer of such tickets, Ticketmaster Resale is able to provide a streamlined process to Sellers and Buyers in respect of Ticketmaster Tickets which involves the cancellation of the Ticketmaster Ticket and issue of a new ticket to the Buyer.
2. BECOMING A BUYER
2.1 Requirements. To become a Buyer and be entitled to purchase tickets via the Website, you must create a personal account via the Website. To create a personal account, You will need to provide details such as Your real name, contact telephone number, postal address and a valid credit or debit card that We approve and accept. Ticketmaster Resale has absolute discretion to decide if you qualify (or continue to be qualified) as a Buyer. You are responsible for ensuring that the details You provide Us with remain valid and up to date. If the details You have provided to Us are no longer valid or up to date and this is negatively impacting Ticketmaster Resale’s ability to communicate with You or to properly provide You with services in connection with the Website or to receive payments from, or make payments to, You, Ticketmaster Resale may suspend Your account, or terminate the Agreement, in accordance with section 7 (Term, Termination and Suspension) of the Agreement.
2.2 Registered email address and password. To create and access Your personal account on the Website and use the services on the Website, You will need to provide a valid email address and password. You are solely responsible for maintaining the security of Your registered email address and password and for all activity that occurs on Your personal account under Your registered email address and password.
2.3 Reachable. You must be reachable by telephone between the hours of 8.00am and 10.00pm, New Zealand time and respond to all Ticketmaster Resale enquiries in a prompt and timely manner. Certain enquiries and disputes will need to be resolved quickly, particularly in the case of upcoming events. If Ticketmaster Resale’s enquiry relates to an order for tickets placed by You, You must respond within 24 hours or by the specified deadline provided by Ticketmaster Resale via telephone voice message, email or post. You must handle the management of Your account in a reasonable and cooperative manner. If any abusive or threatening behaviour is reported, Ticketmaster Resale reserves the right to terminate the Agreement with You with immediate effect and without prior notice.
3. PURCHASING TICKETS
3.1 Selecting tickets. As a Buyer, You review the tickets listed on the Website and, when You find a ticket that You want at a price You want to pay, You click to buy that ticket, enter and confirm your credit or debit card information and confirm the purchase of the ticket. You should carefully read the full listing details for each ticket before clicking to buy the ticket, including (without limitation) section and row details and any restrictions or qualifications such as restricted view, family section, age restrictions, no alcohol permitted or concession. Please ensure that You have read the full listing details and are happy with Your ticket selection prior to confirming Your purchase as, once confirmed, You must proceed with the purchase of that ticket in accordance with the Agreement and You will likely be contractually bound, as between You and the Seller, to purchase that ticket.
As Ticketmaster Resale provides an open market place for the sale and purchase of tickets, there are many different types of Sellers listing tickets on the Website, including (without limitation) Sellers that are selling tickets ‘in trade’. See the next paragraph below for information about ‘in trade’ Sellers. For the avoidance of doubt, tickets are not sold by Ticketmaster Resale on the Website, they are sold by third parties. While We do not sell tickets on the Website, We may, on occasion, place tickets on the Website on behalf of (or as agent for) third parties such as Event Partners.
Under the Fair Trading Act 1986 (“FTA”), when an ‘in trade’ online seller offers goods or services for sale to consumers, that seller must make it clear to potential purchasers that the seller is a person in trade. In the FTA, “trade” means any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supply or acquisition of goods or services. Visit the Commerce Commission website for more information (www.comcom.govt.nz). If the ticket You have selected to buy on the Website is being sold by an in trade Seller, this will be indicated by an ‘in trade’ icon in the “Checkout Review” section of the Website.
3.2 Pricing. Ticket market prices are volatile and can fluctuate and change at any time. Only when You have successfully completed an order for a ticket in accordance with section 3.4 (Payment) is that order concluded at the price displayed on the Website at the time You click to buy that ticket. Ticket prices are often set at a level which exceeds their “original face value”. We make every reasonable effort to provide information on a ticket's “original face value” to you on the Website and to ensure that that information is accurate. The price displayed on the Website for a ticket is inclusive of all applicable fees and charges (including applicable GST) for that ticket but excludes any applicable delivery fee.
While We try to ensure the accuracy of all prices listed on the Website, sometimes technical errors may occur. In the event that a technical error has resulted in an error in the price of tickets You have ordered, We will inform You as soon as possible and, where practicable, give You the option of reconfirming Your order at the correct price (and credit or debit your credit or debit card as applicable) or cancelling Your order. If You choose the option of cancelling Your order after paying the incorrect price for a ticket, then You will receive a full refund from Us for that amount paid (including the cost of delivery). If we are unable to contact You, or it is not practicable to correct the price, You agree that we may cancel the order with our only liability to You being the full refund of the amount You paid for that ticket (including the cost of delivery).
If You believe that a technical error has occurred when placing Your order, please contact us as soon as possible and provide as much information or evidence of the technical error as possible (including screen shots wherever possible).
3.3 GST. Ticket prices displayed on the Website are inclusive of all applicable GST.
3.4 Payment. 100% full payment for a ticket, at the price displayed on the Website for that ticket at the time that You click to buy that ticket, must be received and verified by Us in order to ensure that an order for that ticket has been made at that price. The accepted forms of payment are those credit cards and debit cards specified on the Website from time to time. All payments will be taken in New Zealand dollars and Your credit or debit card will be expressed to be charged by "Ticketmaster Resale". The purchase of a ticket at the price displayed on the Website for that ticket is only confirmed once the order has been confirmed by You and payment has been received and verified by Us.
3.5 Confirmation. Once You place Your order and Your payment has been received and verified by Us, an order confirmation email will be sent to the email address You have registered to Your personal account. If You do not receive a confirmation email, do not assume that Your order has not gone through; instead please phone us on 0800 770 015 to request another confirmation email. We are not responsible for any internet connection errors experienced while placing an order for tickets. If You have not received an order confirmation email, it is Your responsibility to contact Us to verify Your order before making another order.
Your order confirmation email will include details of the tickets that you have purchased, together with your name and postal address. You must check these details carefully and let Us know of any errors as soon as possible (and in any event within 24 hours after the time the order confirmation email is sent). Please note that failure to provide correct name, email address or postal address details at the time of account creation (or to keep those details up to date after account creation) could lead to failed delivery of ordered tickets. Any failure by You to provide correct name, email address or postal address details (or to keep these details up to date) is at Your own risk and Ticketmaster Resale takes no responsibility, and is not liable, for any failure to receive ordered tickets or to gain access to events to the extent arising from Your failure to provide Ticketmaster Resale with Your current name, email address or postal address details.
While We try to ensure the accuracy of orders, sometimes technical errors may occur. In the event that a technical error has resulted in an incorrect order, We will inform You as soon as possible and, where practicable, give You the option of reconfirming Your order as corrected (and credit or debit your credit or debit card, if applicable) or cancelling Your order. If You choose the option of cancelling Your order after paying for tickets, then You will receive a full refund from Us for the amount paid (including the cost of delivery). If we are unable to contact You or it is not practicable to correct the order, You agree that we may cancel the order with our only liability to You being the full refund of the amount You paid for the tickets (including the cost of delivery).
To the fullest extent permitted by law (including, without limitation, the Fair Trading Act 1986 and the Consumer Guarantees Act 1993), despite the fact that You have been advised by Ticketmaster Resale, via an order confirmation email or otherwise, that Your order has been confirmed or otherwise processed or accepted, Ticketmaster Resale reserves the right to suspend an order pending additional fraud checks and to terminate any order that has been fraudulently made. Ticketmaster Resale has no liability to You in connection with the termination of any order that You have fraudulently made.
3.6 Changes / Cancellation of Events. IMPORTANT NOTE: events are sometimes rescheduled or cancelled completely. While event dates and times are normally printed on the tickets and are not usually subject to change, it is important that you monitor local media for any information relating to the rescheduling or cancellation of relevant events.
If an event for which You have purchased a ticket via the Website is cancelled and not re-scheduled, then You agree to follow all reasonable directions of Ticketmaster Resale in respect of Your ticket for that event (including, without limitation, returning that ticket to Ticketmaster Resale to facilitate the relevant Seller obtaining a refund from the promoter or producer of the applicable event). Subject to You complying with all reasonable directions of Ticketmaster Resale in respect of a ticket for a cancelled event that is not rescheduled, Ticketmaster Resale will provide You with a full refund of the amount that You paid for that ticket, excluding any amount paid in respect of delivery fees.
To the fullest extent permitted by law (and subject to Your Fair Trading Act 1986 and Consumer Guarantees Act 1993 rights and any rights You have in respect of events that are cancelled and not rescheduled), all ticket purchases on the Website are final and no refund or exchanges will be given by Ticketmaster Resale. Please be aware that on occasion an event promoter or producer may at their discretion or owing to production changes opt to make changes to an event and/or tickets (including, without limitation, by providing alternative seats instead of the original seats). If an event promoter or producer reschedules an event, the applicable ticket will often be valid for the new date and time. Unless otherwise required by law, Ticketmaster Resale has no liability to You in respect of changes to an event and/or tickets or rescheduled events, including (without limitation) any liability to refund the price of the applicable ticket (or any delivery fees). In the event that Ticketmaster Resale does contact You in respect of changes to an event and/or tickets or rescheduled events, then You must cooperate with Ticketmaster Resale and (through Ticketmaster Resale) the Seller in respect of those changes or that rescheduling.
Nothing in this section 3.6 is intended to limit, or limits, any rights You may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993 or any other applicable consumer law.
3.7 Queries and Ticket Validity. All queries relating to tickets purchased via the Website must be directed to Ticketmaster Resale at resale.service@ticketmaster.co.nz rather than to the relevant venue, promoter or producer. Subject to the applicable ticket, promoter/producer and venue terms and conditions, if a ticket You purchase via the Website does not give You entrance to the applicable event, We will refund 100% of the purchase price You paid for that ticket as part of our Ticketmaster Guarantee. However, if You breach the applicable ticket, promoter/producer or venue terms and conditions (or if You breach the Agreement including, without limitation, by directing any queries relating to the tickets to the venue or promoter/producer rather than Ticketmaster Resale) and as a result are not able to gain entry to the event, then You are not entitled to receive any refund under the Ticketmaster Guarantee.
3.8 Substitutions. Please be aware that a Seller might substitute a ticket that You have ordered via the Website with a different ticket (for example, a ticket that has equal or better seat locations). If You accept tickets delivered to You in substitution for the original tickets that you ordered via the Website, then, irrespective of the differences between the tickets, you irrevocably waive Your right to exercise the Ticketmaster Guarantee in relation to such tickets.
3.9 Seating. Unless indicated otherwise at the time of purchase, all tickets purchased in a single order will be seated together.
4. DELIVERY
4.1 Downloading and Printing PDF Documents. The Website includes functionality that allows a Seller to upload a ticket that is in PDF format (“PDF Ticket”) after a Buyer has ordered that ticket and for that successful Buyer to download that ticket for use at the relevant event (“PDF Ticket Upload Facility”).
You can identify Ticketmaster Tickets and PDF Tickets on the Website by the PDF icon used in the delivery column on the ticket listing page for the relevant event. Please do not purchase a PDF Ticket or a Ticketmaster Ticket via the Website if You do not have access to facilities (including appropriate computer hardware and software products) that enable You to download, open and print PDF documents.
4.2 Delivery of Ticketmaster Tickets. (For the definition of a Ticketmaster Ticket, see section 1.3 (About Us).) If You order a Ticketmaster Ticket that is listed for sale on the Website, then the Seller’s ticket will be automatically cancelled by the Ticketmaster ticketing system on the electronic authentication of Your order and payment and Ticketmaster Resale will reissue a new ticket to You. Ticketmaster Resale will email the new ticket to the email address that You have registered to Your personal account. To access tickets via any links in the email from Ticketmaster Resale, You will need to be logged into your personal account. You may also be able to access the tickets directly from your personal account. To the fullest extent permitted by law, Ticketmaster Resale’s liability to You in connection with the cancellation of any Ticketmaster Ticket and the reissue of a new ticket is limited to the amount paid by You for that new Ticket (including the cost of delivery).
If You have not received the new ticket issued in replacement of a Ticketmaster Ticket within 24 hours after placing the order for that ticket, You should immediately contact Ticketmaster Resale on 0800 770 015. Please note that, before ordering any tickets on the Website You should ensure that the email address You have registered to Your personal account is up to date. Any failure by You to provide a valid email address at the time of account creation (or to keep Your registered email address details up to date) is at Your own risk and Ticketmaster Resale takes no responsibility, and is not liable, for any failure to receive ordered tickets or to gain access to events to the extent arising from Your failure to provide Ticketmaster Resale with Your valid email address.
The provisions of sections 4.3 to 4.5 below do not apply in respect of Ticketmaster Tickets.
4.3 Delivery Method for tickets other than Ticketmaster Tickets. All tickets ordered via the Website (other than Ticketmaster Tickets) will be dispatched by the Seller using the delivery method nominated by Ticketmaster Resale from time to time.
If You have ordered a PDF Ticket, You will receive an email from Ticketmaster Resale (or a phone call or voice mail message) confirming when Your ticket is available to download, with the email containing a link to the PDF Ticket via your personal account. To access Your ticket, You will need to be logged into Your personal account via the Website and download the ticket using the PDF Ticket Upload Facility. If You have any issues accessing Your personal account or the PDF Ticket, please contact Ticketmaster Resale at resale.service@ticketmaster.co.nz.
If You have not been notified by Ticketmaster Resale that Your tickets are available for download from Your personal account within five days after You are sent the order confirmation email for those tickets, You must immediately notify Ticketmaster Resale on 0800 770 015 so that we can initiate an investigation. If Ticketmaster Resale notifies You that We are investigating the delivery of any ticket that has been ordered by You, you must fully cooperate with Us in respect of that investigation. Despite any other provision to the contrary in the Agreement, Ticketmaster’s liability to provide a refund to You in respect of any failed delivery of tickets is limited to the extent that Your failure to do something required by the Agreement has contributed to (or limited the rectification of) that failed delivery.
4.4 Tickets held back by the promoter or producer. Sometimes a promoter or producer of an event may hold back the distribution of tickets until closer to the time of the event. If a promoter or producer is holding back a ticket that You have purchased from the Website, that ticket will be delivered to You as soon as possible once the promoter or producer releases that ticket.
4.5 Accuracy. Once tickets have been delivered to You, it is Your responsibility to immediately check the tickets for accuracy. If there are any discrepancies between a ticket that You receive and the ticket that You ordered via the Website, You must immediately notify Us and must comply with any reasonable direction given by Us in respect of the incorrect ticket (including, without limitation, the return of the incorrect ticket to Us at Ticketmaster Resale’s cost). If You receive an incorrect ticket, We will endeavour to source a replacement ticket for You that is (in Ticketmaster Resale’s reasonable opinion) equal to or better than the incorrect ticket (“Replacement Ticket”). You acknowledge that We may not be able to, or it may not be practicable for Us to, purchase a Replacement Ticket and, in this case, our liability to You will be limited to the full refund to You of the amount that You paid for that ticket (including the cost of delivery). If You do not return incorrect tickets to Us on request and/or subsequently use such tickets, then You will not in any circumstances be entitled to a refund for those tickets and irrevocably waive Your right to exercise the Ticketmaster Guarantee in relation to such tickets.
If You report a discrepancy between a ticket that You receive and the ticket that You ordered while at the relevant event or after the event is held, you will be deemed to have accepted the delivered tickets as valid and waive Your right to the Ticketmaster Guarantee.
4.6 Lost, stolen, damaged or destroyed tickets. Please treat all tickets that You receive with extreme care as Ticketmaster Resale does not issue an exchange or refund for a lost, stolen, damaged or destroyed ticket unless, in the case of Ticketmaster Tickets only, You give Ticketmaster Resale a reasonable amount of notice ahead of the relevant event that the ticket has been lost, stolen, damaged or destroyed, in which case Ticketmaster Resale may issue a replacement ticket to You for a reasonable administration fee.
5. LIABILITY AND INDEMNIFICATION
Nothing in this section 5 is in anyway intended to exclude or limit, or excludes or limits, any liability that the Agreement expressly provides Ticketmaster Resale has to You or any liability that cannot otherwise be excluded or limited under any law (including, without limitation, any liability that may not be excluded or limited under the provisions of the Fair Trading Act 1986 or the Consumer Guarantees Act 1993).
5.1 Release. Ticketmaster Resale, through the Website, facilitates an open market place for the sale and purchase of tickets. Ticketmaster Resale is not a party to any contract that may arise outside of the Agreement between You and any Seller when tickets are sold and purchased via the Website. To the fullest extent permitted by law (including, without limitation, the Fair Trading Act 1986 and the Consumer Guarantees Act 1993), Ticketmaster Resale has no liability to You in connection with any contract between You and a Seller and You release Us from any liability We may have to You in respect of any expenses, costs, losses, damages, claims or demands that You may incur or suffer in connection with any contract between You and a Seller.
5.2 Liability. To the fullest extent permitted by law (and except where you are entitled to recover compensation for consequential loss under the provisions of the Fair Trading Act 1986 and the Consumer Guarantees Act 1993), Ticketmaster Resale shall in no circumstances be liable to You for any indirect or consequential losses or any loss of enjoyment or opportunity arising out of Your use of the Website, including (without limitation) from Your purchase of tickets or any failure to purchase tickets. In respect of each order for tickets that You make via the Website, Ticketmaster Resale’s liability to You whether in contract, tort or otherwise shall be limited in aggregate to the total amount paid by You in relation to such order (including the cost of delivery).
5.3 Event Loss. For the avoidance of doubt, Ticketmaster Resale does not stage, and is not responsible for the staging of, the events for which You may purchase tickets on the Website. To the fullest extent permitted by law (including, without limitation, the Fair Trading Act 1986 and the Consumer Guarantees Act 1993), We disclaim all liability connected with the staging of events for which You have purchased tickets from the Website and for any death or personal injury suffered by You, or any person to whom You provide a ticket purchased from the Website, arising out of attendance at, or travel to, any event unless caused by our negligence. Neither shall We be liable for any loss or damage sustained to Your property or belongings (or those of any person to whom You provide a ticket purchased from the Website).
5.4 Force Majeure. To the fullest extent permitted by law (including, without limitation, the Fair Trading Act 1986 and the Consumer Guarantees Act 1993), We will not be liable for any loss or damage suffered by You arising out of circumstances that are beyond our control including but not limited to any act of God, natural disaster, act of terrorism or other force majeure event.
6. WARRANTIES
6.1 True information. You represent and warrant to Us that the information You submit to Us in creating and updating Your personal account and in making an order for tickets on the Website is true, accurate and complete. You agree not to use false names or addresses, or any other false information, in using the Website.
6.2 Legal Compliance. You represent and warrant to Us that, during any interaction with the Website, you will comply with all applicable New Zealand and international laws. You also represent and warrant to Us that you are 18 or over and therefore able to enter into legally binding contracts.
7 TERM, TERMINATION AND SUSPENSION
7.1 Term. Subject to section 7.2 (Termination), the Agreement commences on the date You first create a personal account on the Website and continues in force until the date that falls 30 days after either party receives notice in writing from the other party terminating the Agreement.
7.2 Termination. Either party may terminate the Agreement immediately by giving written notice to the other party if the other party (i) commits a material or persistent breach of its obligations under the Agreement and fails to remedy that breach within 7 days after being given written notice specifying the breach and requiring it to be remedied; or (ii) is unable to pay its debts, is presumed to be unable to pay its debts under section 287 of the Companies Act 1993, becomes insolvent, has a liquidator, receiver or statutory manager appointed, is removed from the New Zealand Companies Register or it enters into an arrangement, compromise or composition with, or assignment for the benefit of, its creditors or any of them or, in the case of an individual, is declared bankrupt.
Ticketmaster Resale may terminate the Agreement immediately if, in its reasonable opinion, You are involved or likely to be involved in any illegal activity.
7.3 Suspension. Without limitation to its other rights under the Agreement or otherwise at law, Ticketmaster Resale may suspend Your account for one calendar month or such longer term as determined by Ticketmaster Resale in its sole discretion, if You breach any of the terms of the Agreement.
7.4 Consequences of termination. Termination of the Agreement does not affect the rights or liabilities of either party accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
8. MISCELLANEOUS
(A) The Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to its subject matter and supersedes all prior agreements and understandings between the parties with respect to its subject matter, whether written or oral. No amendment, modification or supplement of any provision of the Agreement will be valid or effective unless made in accordance with the express terms of the Agreement. If any provision of the Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of the Agreement will not be affected.
(B) No failure or delay by either party in exercising any right under the Agreement should be deemed to be a waiver of that right and no waiver of a breach of a provision of the Agreement shall be deemed to be a waiver of any subsequent breach.
(C) You may not assign or transfer the Agreement, or any rights or obligations under the Agreement, without the prior written consent of Ticketmaster Resale, which We can refuse in our absolute discretion.
(D) Nothing in the Agreement is intended to confer benefits, rights or remedies on any person or entity other than the parties to the Agreement and their successors and permitted assigns.
(E) The subject heading at the beginning of each paragraph of the Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.
(F) Any notices required or permitted to be given under the Agreement must be in writing and sent by registered post addressed (i) if to Ticketmaster Resale, to Level 1, 23 Customs Street East, Auckland 1143 and (ii) if to You, to the postal address provided by You in creating Your personal account, as updated by You from time to time.
(G) The Agreement shall be governed by and construed in accordance with the law of New Zealand and both parties agree to submit to the exclusive jurisdiction of the courts of New Zealand.
