SECURE SHOW TIX TERMS OF SERVICE

Preamble
1.    These are the Terms of Service that govern your use of the Secure Show Tix Platform, currently comprising a website at https://www.Secure Show Tix.com/, together with any other platform operated by Secure Show Tix Pty Ltd (ABN 37 650 303 129) (“Secure Show Tix”, “we”, “our”, “us”) (the “Secure Show Tix Platform”). 
2.    By using the Secure Show Tix Platform, purchasing a ticket to a Production, or otherwise accessing a Production, you agree to these Terms of Service and other Secure Show Tix policies (including our privacy policy) that we publish or update from time to time. If you are under the age of 18, you may only use the Services with the consent of your parent or legal guardian and their acceptance of these Terms of Service. Please ensure that your parent or legal guardian has reviewed and discussed these Terms of Service with you.   
   
The Secure Show Tix Platform
3.    The Secure Show Tix Platform is a media delivery service that allows users with accounts on the Secure Show Tix Platform (“Users”) to purchase tickets (“Tickets”) to obtain online access to productions, events, shows, performances or other spectacles (“Productions”) of venues, performers, producers, labels, or other show owners (“Show Owners”).
4.    Secure Show Tix grants Users a limited, non-exclusive, revocable, non-transferable, and geographically limited licence to use the Secure Show Tix Platform to access Productions. Secure Show Tix will use reasonable endeavours to provide Users who have purchased Tickets with online access to Productions in accordance with the terms of the Ticket, on a reasonably error-free and uninterrupted basis (the “Services”).
5.    You warrant that all information you provide through the Secure Show Tix Platform is correct and complete, that you are purchasing a Ticket and will access the Production exclusively in your personal capacity. You must not access the Productions in connection with any commercial capacity, outside of your apparent place of residence communicated to Secure Show Tix, and you must not share the Production with any person who has not bought a Ticket to the same Production (for example, you must not play a Production at a bar or other public venue). You must only access the Production via your Ticket.  (Tickets will generally allow access via one primary device, and one back-up device should the primary device fail.)  
6.    Secure Show Tix may provide additional services through or as part of the Secure Show Tix Platform from time to time. Such services may include personalising a User’s account page providing offers for other services and by Secure Show Tix’s partners through the Secure Show Tix Platform. Secure Show Tix has sole discretion on how it provides such additional services to Users. 

Users, Show Owners and Secure Show Tix
7.    You acknowledge that Secure Show Tix’s provision of the Services are subject to the Show Owner providing Secure Show Tix with the necessary footage and necessary ancillary material of the Production. The production quality, video and audio quality, maturity classification, availability of autogenerated captions may vary from Show Owner to Show Owner. You acknowledge that Secure Show Tix does not exercise actual control over (and makes no representations in respect of) the content, availability, quality, marketing, safety, decency or legality of the Production. If you have any claims or complaints in relation to a Production (other than specifically in respect of the Secure Show Tix Platform), you must bring such a claim to the applicable Show Owner. 
8.    To the extent permitted by law, we disclaim all warranties and representations in relation to Productions (including in respect of their content, availability, quality, safety, or legality), which are the responsibility of the applicable Show Owner. 
Livestreams and Recordings
9.    Where a Ticket provides ongoing access to a recording of a Production (that is, the Production is not live-streamed), you acknowledge that the availability of that recording is subject to the ongoing licence of that recording from the Show Owner to Secure Show Tix. You may not be able to access such recordings if such licence expires or is terminated. 

Accounts
10.    You must create an account with Secure Show Tix to purchase Tickets. You must provide Secure Show Tix with all information required by Secure Show Tix to create an account, and warrant that all such information is correct and complete.
11.    You are solely responsible and liable for the activity that occurs on or in relation to your account, whether authorised or unauthorised. To the extent that if any third party accesses a Production through your account, you are responsible for their actions, and you must ensure that such third parties agree to and comply with these Terms of Service. You must take all necessary security measures to protect your password and prevent unauthorised access to your account. You must ensure that all activity on or in relation to your account complies with the General Usage Rules (as set out below) and all applicable laws and regulations in connection with the use of the Secure Show Tix Platform. You must notify Secure Show Tix immediately if you suspect a breach of security or unauthorized use of your account, username or password. Secure Show Tix may give you notices and formal communications through the Secure Show Tix Platform on any of your accounts. 
12.    Information and content that you provide to Secure Show Tix for public display can be made publicly available through the Secure Show Tix Platform. 
13.    Your account may contain records and information about your use of the Secure Show Tix Platform. Secure Show Tix can remove such records and information, or disable your account, if you breach these Terms of Service, or for any other reason or no reason. You can also close your account if you choose. 
14.    If your Account is closed, you will no longer have access to any personalised content or Productions through the Secure Show Tix Platform, and Secure Show Tix will no longer have any obligations towards you under these Terms of Service. These Terms of Service will otherwise continue to apply, including in respect of your ongoing warranties, confidentiality obligations, indemnities and intellectual property licenses. 

Payments
15.    The applicable prices for Tickets are set out on the Secure Show Tix Platform. The applicable currency is AUD by default, unless the Secure Show Tix Platform offers local currency in your geographic IP location. Such prices will generally be expressed exclusive of all applicable taxes, duties, and levies, but you agree that you are in any case solely responsible for such taxes, duties and levies. 
16.    You must pay all amounts for Tickets or other services provided through the Secure Show Tix Platform that you have selected with the payment provider selected by Secure Show Tix, including any applicable service, transaction or processing fees imposed by the applicable payment provider. You must provide the payment provider with valid payment information, agree to the terms and conditions of the payment provider, and you acknowledge that Secure Show Tix does not operate, own or control the payment provider. 

Refunds
17.    Please contact the Show Owner if you would like to request a refund for the Production other than because of a failure of the Secure Show Tix Platform. Secure Show Tix will not process refunds if you are unable to view a Production for personal reasons. 
18.    Secure Show Tix will provide you with a refund where the Production is cancelled or unable to be viewed because of a failure of the Secure Show Tix Platform.

General Usage Rules
19.    Users must not: 
a.    act inappropriately or offensively while using the Secure Show Tix Platform; 
b.    use the Secure Show Tix Platform to post or communicate material that is objectionable, offensive, defamatory, unlawful, misleading or deceptive, or harmful;
c.    use the Secure Show Tix Platform and its contents other than as expressly permitted by these Terms of Service; 
d.    sell or charge third parties for access to the Secure Show Tix Platform, or distribute or make available the Secure Show Tix Platform or Productions or parts thereof to third parties;
e.    reproduce or restream or otherwise make available or transmit any content uploaded to the Secure Show Tix Platform by others in any form or by any means other than in accordance with these Terms of Service; 
f.    use the Secure Show Tix Platform to impersonate or misrepresent your affiliation with another company, person or entity;
g.    use the Secure Show Tix Platform to plan or engage in any illegal, fraudulent, or manipulative activity;
h.    alter or modify any part of the Secure Show Tix Platform or its contents; 
i.    disable, tamper with or circumvent any measures or security technology included in the Secure Show Tix Platform; 
j.    use the Secure Show Tix Platform with the aim of interrupting, destroying or limiting the functionality of any computer hardware, software, telecommunication or equipment associated with the Secure Show Tix Platform, including any software viruses or any other computer code, files or programs; or
k.    use any scraper, robot, spider, or other automated means to access the Secure Show Tix Platform; or decompile, disassemble, reverse engineer, attempt to derive the source code of, modify, or create derivative works of any content, information or materials accessible through the Secure Show Tix Platform or the Secure Show Tix Platform itself.

Warranties
20.    You warrant that all information you provide through the Secure Show Tix Platform, and your acts or omissions in relation to or arising from the Secure Show Tix Platform, will not: (i) infringe any other person’s or other legal entity’s proprietary rights (including, without limitation, any intellectual property rights) or rights of publicity and privacy; (ii) violate any law, statute, ordinance or regulation; or (iii) contain any viruses, Trojan horses, worms or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Secure Show Tix Platform or any activities being conducted on the Secure Show Tix Platform. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorised purpose.

Indemnity
21.    You indemnify, defend and hold Secure Show Tix harmless for all liability, claims, damages, costs and expenses, including legal fees (on a lawyer/client basis), arising out of or in connection with a breach by you of any your obligations, representations and warranties provided in this Agreement. This indemnity survives the termination of these Terms of Service for any reason.

Limitation of Liability
22.    You acknowledge you are using the Secure Show Tix Platform and relying on material on the Secure Show Tix Platform at your own risk.  We provide the Secure Show Tix Platform “as is” and to the extent permitted by law, unless expressly stated otherwise, we make no warranties, express or implied, in relation to the Secure Show Tix Platform or content, goods or services supplied through the Secure Show Tix Platform, including but not limited to warranties of accuracy, reliability, merchantability or fitness for a particular purpose or non-infringement. We do not make any warranties that the Secure Show Tix Platform will be available, complete, uninterrupted or error free. 
23.    To the extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Secure Show Tix Platform or any other goods or services provided by us are expressly excluded. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this agreement, to the extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to:  (a) with respect to the supply of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; (b) with respect to the supply of services: the  re-supply of the services; or the payment of the cost of having the services re-supplied.
24.    In no event will Secure Show Tix (including its directors, officers, agents, employees or contractors) be liable for any: direct loss; or indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of the performance or non-performance of these Terms of Service by Secure Show Tix, to the extent permitted by law. 

Recordings and Intellectual Property
25.    You must not record any Productions that are made available to you in connection with the Secure Show Tix Platform, nor permit or facilitate others to do the same. For example, you must not use any screen recording software on their device to record a Production, nor can they allow others to record a Production with an external device. 
26.    If you do record a Production, then you assign all intellectual property rights in the recording to Secure Show Tix on its creation as a present assignment of future copyright and must provide Secure Show Tix with the recording, including any physical media where the recording is located, on demand. 
27.    As between you and a Show Owner, copyright in Productions or recordings of Productions are owned by the Show Owner. Intellectual property in the Secure Show Tix Platform is owned by Secure Show Tix. 
28.    You agree that you have no rights in or to the whole or any part of the trade marks (including the name "Secure Show Tix” or of any Show Owner or Production) or logos of Secure Show Tix or Show Owners , nor to any of the Secure Show Tix Platform’s design, artwork, literary, sound or audio visual components or processes. To the extent that you have any such rights, you assign them to us (and agree to execute all documents necessary to perfect that assignment). You will not, except as otherwise permitted by these Terms of Service or in writing by us, disclose, make use of or otherwise infringe our intellectual property rights. This promise shall survive the expiration or termination of these Terms of Service.

General Terms
29.    All matters arising from or relating to this Agreement and all the transactions it contemplates, including, without limitation, its validity, interpretation, construction, performance and enforcement shall be governed by the laws of New South Wales, Australia without regard to conflicts of law principles. The parties agree to submit to the exclusive jurisdiction of the courts of New South Wales.
30.    You cannot assign all or any part of these Terms of Service without our prior written consent. We may assign our rights and/or obligation under these Terms of Service at any time without notice to you.
31.    The failure of Secure Show Tix to exercise or enforce any right or provision of these terms of use does not constitute a waiver of such right or provision, which will still be available to Secure Show Tix.You can contact Secure Show Tix with questions, complaints, or claims with respect to the Secure Show Tix Platform with the following contact details:
a.    Name: Secure Show Tix Pty Ltd
b.    Address: Unit 4, 14 Lionel Road, Mount Waverley, Victoria, 3149, Australia 
c.    Contact email: info@secureshowtix.com

Confidentiality
32.    Users must keep all confidential information about Secure Show Tix and Show Owners confidential. Confidential information includes information reasonably regarded as being confidential, as well as information that Secure Show Tix or a Show Owner identifies as confidential. 

Breaches of these Terms of Service and termination
33.    If Secure Show Tix considers that you have (or may have) breached these Terms of Service, or that your account has been compromised, Secure Show Tix can in its sole discretion (without limiting any other rights it may have in these Terms of Service):
a.    remove access to Productions from your account; 
b.    close your account; 
c.    terminate these Terms of Service; and/or
d.    require you to immediately pay Secure Show Tix for any costs or expenses it has incurred in relation to your breach or potential breach, including in investigating your breach or potential breach.
34.    You agree that monetary damages may not be a sufficient remedy for your breach or threatened breach of these Terms of Service, and you agree that Secure Show Tix can seek equitable relief, including injunctions and specific performance for any breach or threatened breach by you of these Terms of Service.

Privacy
35.    You agree to the terms of the Secure Show Tix Privacy Policy, as updated from time to time.