APPLICATION OF TERMS
Acceptance: These Terms apply to your use of the Website and your use of LiveVenues. By accessing and using the Website:
- you agree to these Terms; and
- where your access and use is on behalf of another person (including a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
Account: Your use of the Website is subject to these Terms whether or not you set up an account with us. However, you will need to set up an account with us if:
- you are a Venue and you wish to advertise your Venue or an Event on the Website; or
- you are a User and you wish to receive our regular updates on Venues and Events.
- No acceptance: If you do not agree to these Terms, you are not authorised to access and use the Website or LiveVenues, and you must immediately stop doing so.
- Acceptance: These Terms apply to your use of the Website and your use of LiveVenues. By accessing and using the Website:
- Changes: We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately except that any increases to Fees will apply only to new Events posted after the notified date of the change. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website or by continuing to use LiveVenues, you agree to be bound by the changed Terms.
- Access: We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
- These Terms were last updated on Dec, 28 2016.
DEFINITIONSIn these Terms:
Content means text, pictures, information and other material posted on or uploaded to the Website Customer means a User who purchases a ticket to an Event
Event means an event at a Venue, advertised on the Website
Fees means our commission for ticket sales to Events sold via the Website, set out in our pricing page at https://live-venue.com/pricing, as may be updated by us from time to time
Force Majeure Event means an event beyond our reasonable control, other than any obligation to make any payment including and similar words do not imply any limit
LiveVenues means the services provided by us in connection with the Website
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Non-Refundable Charges means any third party transaction charges (including credit or debit card charges and foreign currency conversion charges) charged in connection with a Customer’s purchase of a ticket, or the receipt or payment of any amount by us under these Terms
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, potentially harmful, or unlawful in any way personal information means information about an identifiable, living person
Sales Tax means goods and services tax, value-added tax, sales tax or any other similar tax relating to the supply of goods and services
Underlying System means any network, system, software (including the ticketing software that we use for ticket sales on the Website), data or material that underlies or is connected to the Website
User means a person using the Website (including a Venue or a Customer)
User Content means text, pictures, information and other material posted on or uploaded to the Website by a User
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
Venue means a venue advertised on the Website
we, us or our means LiveVenues Limited, a limited liability company registered in New Zealand, company number 6070233
Website means Live-Venue.com
You means you and any other person on whose behalf you are acting
Purpose: The Website is an online platform designed to enable:
- Venues to advertise themselves and Events;
- Customers to purchase tickets to Events; and
- Users to rate Venues and Events.
- Interaction between Users: You acknowledge that any interaction between you and another User, including any relationship between Venue and Customer, is a matter directly between you and that other User. Other than our obligations set out in these Terms to receive and make payments and refunds, we are not liable to any User for any failure by a Venue, Customer, or other User, to comply with these Terms or any other legal obligation.
- As is basis: We do not undertake to assess, monitor or verify Venues, Events or User Content (including to verify the suitability or legality of any Venue or Event for any purpose), nor to perform any checks on any User. We provide the Website and LiveVenues on an as is basis, and you use the Website and LiveVenues, and advertise, hold and/or attend, Venues and Events at your own risk.
- Commission: We receive commission on the ticket sales to Events sold via the Website, payable by the Venue.
Beta version: Where we provide the Website and LiveVenues to you, as Venue, as a beta version (Beta Version), then these Terms apply except that:
- [no/discounted Fees are payable for ticket sales to Events sold via the Website;]
- in consideration for [no Fees / the discounted fees], you agree to let us know all problems, defects, bugs, errors, issues, and ideas for improvement, relating to the Beta Version that you have; and
- your right to use the Beta Version [at the discounted Fees / for no Fees] expires after [30 days].
- Purpose: The Website is an online platform designed to enable:
YOUR OBLIGATIONS (GENERAL)
- Accurate information: You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
User ID: If you are given a User ID, you must keep your User ID secure and:
- not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to email@example.com.
Conditions: You must:
- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System;
- unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method;
- not impersonate another person or misrepresent authorisation to act on behalf of others;
- not attempt to view, access or copy any information, material or Content other than that to which you are authorised to access;
- not use the Website or LiveVenues in a manner which takes advantage of the benefits of LiveVenues but circumvents the obligation to pay any Fees to us which would otherwise be payable in accordance with these Terms, e.g. by advertising an Event on the Website but soliciting Customers to purchase tickets via means other than through the Website;
- not use the Website or LiveVenues in a manner, nor transmit or upload any material, information or Content that breaches any third party right (including intellectual property rights and privacy rights) or is Objectionable, incorrect or misleading.
- Indemnity: You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses the Website by using your User ID.
RIGHTS AND OBLIGATIONS OF VENUES
- Obligations: In addition to your other rights and obligations under these Terms, you, as Venue, have the rights, and must comply with the obligations, set out in this clause 6.
As soon as practical following your acceptance of these Terms, we (or our designated design agency) will:
- develop Content to advertise your Venue on the Website;
- [at a time to be agreed with you] visit your Venue to take photos [and films] for the purpose of clause 6.2ai; and
- post that Content on the Website.
- [We will provide you with a reasonable opportunity to approve the Content referred to in clause 6.2.]
- As soon as practical following your acceptance of these Terms, we (or our designated design agency) will:
- Details: When posting an Event, you must set out all of the relevant criteria for your event requested on the Website, including date, time, location, any limits (e.g. age limits, or maximum number of tickets) and the ticket price. It is your responsibility as Venue to arrange and hold, at your cost, all aspects of the Event so that you can hold the Event you have posted.
Third party rights: You must arrange all licences, consents and authorisations required for:
- us to provide the services to you described in clause 6.2, including any such licences, consents and authorisations necessary from people and performers at your Venue that we photograph [and/or film] to post on the Website; and
- you and your personnel to use the Website and LiveVenues, including to upload or post Content on the Website.
- Notification: You must notify us immediately on becoming aware of any allegation that any Content advertising your Venue or Event is a breach of any third party right (including intellectual property rights or privacy rights).
Other legal obligations: You are responsible for ensuring that you comply with any legal obligations that you have in relation to your Venue and your Events, including your legal obligations:
- to provide the Events that you have advertised;
- to comply with any advertising standards and consumer protection legislation;
- in relation to ages of minors;
- in relation to the supply of food and beverages; and
- under any applicable privacy laws.
Confidentiality: Where you obtain any information from or about us or our business in the course of us providing LiveVenues to you, which could reasonably be expected to be confidential, you must:
- keep that information confidential and secure at all times; and
- not disclose that information to any person except to the extent reasonably required to exercise your rights and perform your obligations under these Terms.
RIGHTS AND OBLIGATIONS OF CUSTOMERS
- Obligations: In addition to your other rights and obligations under these Terms, you, as a Customer, must comply with the obligations set out in this clause 7.
Premises: You must comply with:
- any further terms (including age restrictions) notified by the Venue for an Event; and
- comply with any legal obligations (including age restrictions) that you have in relation to attendance at any Venue or Event.
PAYMENT TERMS FOR VENUES
Payment of Fees: On posting an Event, you, as Venue, authorise us to:
- sell, and collect payments for, tickets to your Event on your behalf; and
- refund payments to Customers for tickets to Events, in accordance with these Terms.
- Completion: We will remit to you, as Venue, the amounts that we receive from Customers for ticket sales to your Events, less the Fees and any withholding taxes or other amounts that we are legally required to deduct or pay in relation to the transaction. Payment by us to you of the net amount is a complete and final discharge by us of our obligation to make the relevant payment. We will remit payments to you for ticket sales to your Events, on a monthly basis, [as soon as practical following the end of each calendar month/approximately [5 working days] after the end of each calendar month] for payments received from Customers in the previous month.
- Fees non-refundable: Except as required by law, the Fees for an Event are non-refundable, whether or not you hold that Event.
Refunds: Where you are required at law to pay any refund for a ticket to your Event purchased by a Customer via the Website, or you otherwise agree to pay a refund:
- you must promptly pay to us the full payment for that refund; and
- we will pay the refund to the Customer in accordance with these Terms.
- Limited agency: You acknowledge that we are acting in a limited agency capacity in collecting payments from Customers. We have no independent liability to ensure that payments are paid by the Customer. Any liability or obligation we have to make any payment to you, as Venue, for ticket sales in accordance with these Terms is conditional on us receiving the Customer’s payment.
- Recovery of debts: You indemnify LiveVenues for all Losses, including any costs of debt recovery incurred by LiveVenues as a result of your failure to make any payments (including refends) payable by you to any person in connection with these Terms or your use of LiveVenues.
- Payment of Fees: On posting an Event, you, as Venue, authorise us to:
PAYMENT TERMS FOR CUSTOMERS
- Tickets: Where you are a Customer, on proceeding through the [ticket purchase process] on the Website and clicking [confirm purchase] you are legally obliged to pay the stated price for the ticket, and any applicable Sales Tax and Non-Refundable Charges.
- Mechanism: We accept payment from Customers only via the payment facility and means set out on our Website at Live-Venue.com. Our obligation to provide you with your tickets is subject to our verification of your payment in full for the tickets you are purchasing.
- Delivery: On receipt of payment in full from you of the ticket price and any other amounts payable, we will send you an electronic copy of your ticket to the email address that you have specified in the [ticket purchase process] for that purpose.
Where we have received payment in full from you for a ticket you have purchased, we will refund to you the ticket price that you paid, less the Non-Refundable Charges, in the following circumstances only:
- where the Venue cancels the Event or otherwise agrees to refund a ticket, and has paid to LiveVenues the amount of that refund; or
- as required by law.
- We will remit any refunds payable to you by [refunding the card or account from which your payment was made].
- Where we have received payment in full from you for a ticket you have purchased, we will refund to you the ticket price that you paid, less the Non-Refundable Charges, in the following circumstances only:
- Limited agency: You acknowledge that we are acting in a limited agency capacity in collecting refunds from Venues, and making refunds to you. We have no independent liability to ensure that refunds payable in accordance with these Terms or at law are paid by the Venue. Any liability or obligation we have to make any payment or refund in accordance with these Terms is conditional on receiving payment of that refund from the Venue.
- Recovery of debts: You indemnify us for all Loss, including any costs of debt recovery, incurred by us as a result of your failure to pay any amount payable by you under these Terms.
- Ownership: We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), Content (including User Content) and the Underlying Systems.
- No use: You must not copy, sell, resupply, transmit, distribute, sublicense or exploit any part of the Content or LiveVenues without our permission.
No responsibility: To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:
- a Force Majeure Event;
- any act or omission by any other User;
- any User Content. We do not endorse, approve or recommend any Venue or Event, whether or not we have provided you with information about that Venue or Event;
- the Website being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through LiveVenues;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this;
- any site linked from the Website or any third party site or feature which interacts with the Website. Any such link or feature on the Website does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or features or their contents, operations, products or operators. You must ensure you comply with any applicable third party terms governing the use of any such sites or features.
- No responsibility: To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:
Exclusion: To the maximum extent permitted by law:
- you access and use the Website and LiveVenues at your own risk; and
- we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website (including your access and use of (or inability to access or use) the Website) or LiveVenues. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
- Consumers: Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of any consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD50.
Maximum liability: To the maximum extent permitted by law and only to the extent that clauses 13.1 and 13.2, and any other exclusions under these Terms, do not apply, our total liability to you under or in connection with these Terms, or in connection with LiveVenues, or your access and use of (or inability to access or use) the Website, must not exceed:
- if you are a Customer, the price paid by you to us for the ticket to which the liability relates;
- if you are a Venue, the Fees paid by you to us; and
- in any other case, NZD50.
- Exclusion: To the maximum extent permitted by law:
- No requirement: You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website, and certain aspects of LiveVenues, available to you.
REFUSAL, SUSPENSION AND TERMINATION
- Discretion: Without limiting any other right or remedy available to us, and despite clause 4.4, we may, in our sole discretion, take any steps we consider appropriate to verify the accuracy or suitability of any material, information or User Content. We may in our absolute discretion accept or refuse to accept any application to set up an account.
Actions: Without limiting any other right or remedy available to us, and despite any other provision in these Terms, if we consider that a User has breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice:
- suspend or terminate any User’s access to all or any part of the Website;
- remove all or any part of any User Content of any User (e.g. where we consider that the Content may be Objectionable);
- pay a refund to a Customer, to which, in our opinion, the User is entitled in accordance with these Terms; and/or
- take any other action we consider reasonable in the circumstances.
- Termination by Venue: You, as Venue, may terminate your right to access and use the Website and LiveVenues by sending us an email to firstname.lastname@example.org. On termination under this clause, we will remove all Content advertising your Venue and Events, and you will no longer be able to post Content advertising Events.
- No further access: If we suspend or terminate your access, you must immediately cease using the Website and LiveVenues and must not attempt to gain further access or use.
- No returns: We do not undertake to return or destroy any User Content, whether before or after termination, unless required to do so by law.
COMPLAINTS AND DISPUTE RESOLUTION
- Other Users: If you have any dispute with any other User, you agree to try to resolve that dispute directly with that other User. Except to the extent that we have an obligation under these Terms to make any payment (including refund) to any person in relation to ticket sales for Events sold via the Website, we do not have any responsibility for, or any obligation or authority to act on behalf of, or resolve disputes between, any Venue, Customer and/or other User.
- Complaints: If you believe that another User has breached these Terms, you may report that breach to us by contacting us at email@example.com. Without limiting our rights under clause 14.2, we do not represent that we will take any action in response to a complaint.
- LiveVenues: If you have a dispute with us under, or in connection with, these Terms, you must, before taking any court action, use best efforts to resolve that dispute through good faith negotiations with us.
- Notice: If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
- Law: As far as possible, these Terms, and any dispute relating to these Terms or LiveVenues, are governed by and to be interpreted in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms or LiveVenues.
- Waiver: For us to waive a right under these Terms, the waiver must be in writing.
- Survival: Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5.4, 6.4, 6.7, 8.6, 9.6, 10, 12, 13.2, 14.3 to 14.5, and 15, continue in force following termination.
- Severability: If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
- Set-off: We reserve the right to set-off any amount payable by you to us under or in connection with these Terms against any amount payable by us to you or held by us on account for you.
- Entire agreement: These Terms set out everything agreed by the parties relating to your use of the Website and LiveVenues and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. You have not relied on any representation, warranty or agreement relating to the Website or LiveVenues that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.