Term & Condition
THANK YOU FOR
VISITING EVENTBABA.COM.AU
Please read these Terms & Conditions CAREFULLY before
using our services.
EventBaba is an online Events & Concerts Ticketing and
Promotion platform. We facilitate event organisers to sell tickets online.
The Website is owned and operated by octaIP, the Company, (ABN
99 644 127 659). Access and use of website www.eventbaba.com.au, or any of its
associated products or Services, is provided by octaIP. By using, browsing
and/or scrolling the Website, this signifies that you have read, understood and
agree to be bound by the Terms & Conditions of this website use. If you do
not agree with these Terms & Conditions, you must close and cease usage of
the Website, or any of Services, immediately.
octaIP(‘Company’) reserves the right to review and change
any of the Terms & Conditions by updating this page at its sole discretion.
When we updates these Terms & Conditions, we will use reasonable endeavour
to provide users with notice of update of our Terms & Conditions. Any
changes to these Terms & Conditions take immediate effect from the date of publish.
Before you continue, we recommend to keep a copy of these Terms &
Conditions for records.
By using our website www.eventbaba.com.au,
buying tickets and/or using promotional services on the website you agree to
following terms of use.
Acceptance of the
Term
Eventbaba website (www.eventbaba.com.au) act as a channel
between the event organisers, their catering partners and end customers for all
event ticketing needs. As a ticketing partner for event organisers, we are NOT responsible for any changes made by
event organisers and/or their catering partners for a particular event listed
on our website. These changes including but not limited to event
time/date/postpone/cancellation will be on sole discretion of event organiser. Please
contact event organisers and/or their catering partners for any such questions.
We will do our best efforts to inform end users for any unplanned/unavoidable/unforeseen
changes by event organisers but we are not bound to do so.
Registration to use
the Services
In order to provide you our services, we may be required to obtain
following personal information about yourself (such as identification and/or
contact details), including:
Name
Email address
Mailing address
Contact number
Once you have bought any ticket or registered as event
organiser/caterer through www.eventbaba.com.au, you will become a registered member
of the Website and agree to be bound by the Terms & Conditions listed under
following sections.
You agree that any information you give to website www.eventbaba.com.au in the course of
completing the registration process or buying tickets/services will always be
accurate, correct and up to date. Else, we’ll not be able to provide you our
service/products timely and efficiently.
- You are not of
legal age to form a binding contract with www.eventbaba.com.au; or
- You are a person
barred from receiving the Services under the laws of Australia or other
countries including the country in which you are resident or from which you use
the Services.
Your obligations as a
Member (Event Organiser, Event Caterer and End User)
As a Member, you agree to comply with the following:
- You will use our
Services only for purposes that are permitted by the Terms & Conditions and
any applicable law, regulation or generally accepted practices or guidelines in
the relevant jurisdictions.
- You have the sole
responsibility of protecting the confidentiality of your password and/or email
address held by you. Use of your password by any other person may result in the
immediate cancellation of the Services.
- Any use/misuse of
your registration information by any other person, or third parties, is
strictly prohibited. You agree to immediately notify website admin of any
unauthorised use of your password or email address or any breach of security of
which you have become aware of.
- Access and/or use
of our Website www.eventbaba.com.au is limited, non-transferable and allows for
sole use for the purpose of services provided by the website.
- You will not use
the Services or the Website www.eventbaba.com.au in connection with any
commercial endeavours except those that are specifically endorsed or approved
by the management team.
- Eventbaba provides Ticket scanning link to organisers for tickets sold through our website. The link is available to organiser from their login. However the link currenly works with android mobiles only.
- You will not use
the Services or Website www.eventbaba.com.au for any illegal and/or
unauthorised use which includes collecting email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorised framing of or linking to the Website.
- Any attempt of hacking and/or use of malicious scripting
on our website www.eventbaba.com.au will result in immediate blocking of your
access to our services and will be reported and punishable as per Australian
law.
- You agree that
commercial advertisements, affiliate links, and other forms of solicitation may
be removed from the Website without notice and may result in termination of the
Services. Appropriate legal action will be taken by Company’s Legal Team for
any illegal or unauthorised use of the Website and you acknowledge and agree
that any automated use of the Website or its Services is prohibited.
Payment
Where the option is given to you, you may make payment for
buying tickets/services by way of:
Credit or Debit Card Payment
All payments made in the course of you buying Services/tickets
are made using Stripe (https://stripe.com/). In buying these services/tickets
or when making any payment in relation to your use of the Services, you confirm
that you have read, understood and agree to be bound by the Stripe terms and
conditions which are available on their website.
You acknowledge and agree that where a request for the
payment of the Services/ticket Fee is returned or denied, for whatever reason,
by your financial institution or is unpaid by you for any other reason, then
you are liable for any costs, including banking fees and charges, associated
with the Services/ticket Fee.
Booking Fees
- Booking Fee if
applicable will be clearly displayed on the check-out page before payments. If
Booking fee is not displayed, it will be included in the ticket price and won’t
be charged separately.
- You agree and
acknowledge that Company can vary/change/remove the Booking Fee at any time.
Exchange and Refund
Policy
All e-ticket purchases are non-refundable and as such there
are no cancellations unless or otherwise event is fully cancelled by event
organiser.
In case you want to cancel, exchange or partial refund
already purchased ticket, you can contact the event organisers directly, it is
on the discretion of event organisers or event caterers to provide you
exchange, refund or partial refund. EventBaba (www.eventbaba.com.au) is not
responsible for any ticket refunds, partial refunds or exchanges unless
authorised by Event organiser or Event Caterer.
Company is not responsible and authorized for making any
refund/partial refunds in case of event reschedule or cancellation. We can only
initiate a refund once approved by the event organizer. Refund authorized by an
organizer will be processed within 30 days after receiving the instructions for
refund form Event organizer or Event Caterer. In case of event cancellation,
the refund will be issued after deducting a fee of 3.5% from the organizer.
Any request or dispute regarding the refund shall be
strictly between the ticket holder and the event organizer. Company shall not
be liable for any refund related issues.
Event Organiser's Reserved
Rights
Right to admission to the venue is reserved and subject to
the terms and conditions laid by the organiser and the venue. We will endeavour
our best to list these Terms & Conditions for that specific event, however
you can request for additional terms & conditions from the venue or
organiser if you have any dispute while admission to the event. The Event
Organiser reserves complete rights to withdraw or reschedule any event.
The Event Organisers have all rights to change the ticket
prices, show/event timings, seating layouts, door admission timings or venue
capacity without prior notice. In case of late arrival to the venue you may
experience delay entry or refusal.
The event organiser has all rights to film, photo and video
production of this event. The views expressed by the individual artists and
performers in course of their performance are solely their own and neither do
they represent those of our company nor are they endorsed in any manner by our
company, its associates and affiliates. Our company octaIP or any of its
agents, officers, and employees shall not be responsible for any injury,
damage, theft, losses or cost suffered at or as a result of the event of any
part of it. Event organizers or any of its agents, officers, and employees
shall not be responsible for any injury, damage, theft, losses or cost suffered
at or as a result of the event or any part of it. You have to follow all the
guidelines issued by law enforcement agencies. In case of any misbehaviour/misconduct
by any person at the venue, Event Organiser has all the rights to evict that
person from the venue and no refund will be given.
As a ticket holder you grant permission to search and
inspect you, your clothing, bags and other possessions by officials or any
agent of the venue proprietor or event organiser both prior to and after your
entry to the event venue. Breach of any of these above terms and conditions is
liable to cancel the Ticket Holder’s license to continue at the venue.
Indemnity
You agree to indemnify Company, its affiliates, employees,
agents, contributors, third-party content providers and licensors from and
against:
- All actions, suits,
claims, demands, liabilities, costs, expenses, loss and damage (including legal
fees on a full indemnity basis) incurred, suffered or arising out of or in
connection with your content;
- Any direct or
indirect consequences of you accessing, using or transacting on the Website or
attempts to do so and/or any breach of the Terms & Conditions.
Complaint
If you have any complaint or issue regarding event, we
recommend contacting the event organiser to resolve the issue, so that they can
attempt to rectify the matter.
We will not provide any refund for dissatisfaction, change
of mind, inadequate service or issues in relation to the event organiser.
However, we want to ensure that you have a comfortable and best experience
while booking your favourite event/show. If you are dissatisfied with booking
experience or wants to improve things please let us know and we will endeavour
to make things right or will work directly with the service provider to come to
a resolution if needed.
If satisfaction is not reached through these means at the
time, any further complaint should be put in writing to us within 07 days after
the event date and we will seek a resolution from the event organiser. In this
instance there are no guarantees or promises, but we will do our best to ensure
you are a satisfied.
Dispute Resolution
Compulsory: If a dispute arises out of or relates to the
Terms & Conditions, either party may not commence any Tribunal or Court
proceedings in relation to the dispute, unless the following clauses have been
complied with (except where urgent interlocutory relief is sought).
Notice: A party claiming a dispute has arisen under the
Terms & Conditions, must give written notice to the other party detailing
the nature of the dispute, the desired outcome and the action required to
settle the Dispute.
Resolution: On receipt of that notice by that other party, both
parties must: Within 15 days of the Notice endeavour in good faith to resolve
the Dispute expeditiously by negotiation or such other means upon which they
may mutually agree;
If for any reason whatsoever, 90 days after the date of the
Notice, the Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be appointed by
the President of the Event organisers/Promoter or his or her nominee; The
Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a pre-condition to
the mediation commencing. The Parties must each pay their own costs associated
with the mediation. The mediation will be held in Sydney, New South Wales,
Australia.
Confidential: All communications concerning negotiations
made by the Parties arising out of and in connection with this dispute
resolution clause are confidential and to the extent possible, must be treated
as "without prejudice" negotiations for the purpose of applicable
laws of evidence.
Termination of Mediation: If 60 days have elapsed after the
start of a mediation of the Dispute and the Dispute has not been resolved,
either Party may ask the mediator to terminate the mediation and the mediator
must do so.
The Terms & Conditions will continue to apply until
terminated by either you or by Company as set out below.
- If you want to
terminate the Terms, you may do so by providing company with 5 days' notice of
your intention to terminate and closing your accounts for all of the services
which you use or where Company has made this option available to you on our
website www.eventbaba.com.au
- Your notice should
be sent, in writing, to company via the 'Contact Us' link on homepage of our
website www.eventbaba.com.au
Company may at any time, terminate the Terms with you if:
- You have breached
any provision of the Terms & Conditions or intend to breach any provision.
- Company is required
to do so by law.
- The provision of
the Services to you by website www.eventbaba.com.au is no longer commercially
viable in the opinion of Company.
- Subject to local
applicable laws, Company reserves the right to discontinue or cancel your
membership at any time and may suspend or deny, in its sole discretion, your
access to all or any portion of the Website www.eventbaba.com.au or the
Services without notice if you breach any provision of the Terms &
Conditions or any applicable law or if your conduct impacts Company's name or
reputation or violates the rights of those of another party.
Venue and
Jurisdiction
The Services offered by our website www.eventbaba.com.au is
intended to be viewed by residents of Australia. In the event of any dispute
arising out of or in relation to the Website, you agree that the exclusive
venue for resolving any dispute shall be in the courts of New South Wales,
Australia.
Governing Law
The Terms & Conditions are governed by the laws of New
South Wales, Australia. Any dispute, controversy, proceeding or claim of
whatever nature arising out of or in any way relating to the Terms &
Conditions and the rights created hereby shall be governed, interpreted and
construed by, under and pursuant to the laws of New South Wales, Australia,
without reference to conflict of law principles, notwithstanding mandatory
rules. The validity of this governing law clause is not contested. The Terms
shall be binding to the benefit of the parties hereto and their successors and
assigns.
Privacy
Company and our services provided by website
www.eventbaba.com.au takes your privacy seriously and any information provided
through your use of the Website and/or Services are subject to Company’s
Privacy Policy, which is available on the Website.
Miscellaneous
All other logos, marks and brands contained herein are the
property of their respective owners.
Subject to any terms implied by law and which cannot be
excluded, we accepts no responsibility for any loss, damage, cost, or expense
incurred by you as a result of any error, omission or misrepresentation in this
website.
The Privacy Policy and Website Terms and Conditions present
elsewhere on this website are incorporated into the Purchase Agreement. If you
have any concerns, questions, or comments about this agreement, please contact
us at sales@eventbaba.com.au
These Terms and Conditions were last updated 01 July, 2023
and apply to all bookings made from this date onwards.