Terms and Conditions | Sprout Systems

Terms and Conditions

1. Agreement

(a) Ticket and product sales within this website are provided by Sprout Systems Pty Ltd ABN: 89 163 435 032 ('Sproutix')

(b) Terms and conditions apply to your use of this website, and any purchase made through this website.

(c) You will be required to provide some personal information in order to process any purchase. Please refer to Sproutix Privacy Policy to understand how Sprout stores, uses and discloses this information.

(d) Agreeing to these T&C's confirms that you are entering into an agreement with Sprout; and you consent to the terms of Sprouts Privacy Policy.

2. Use of this Website

(a) You are required to:

- Provide correct personal details when logging in or logged into this website

- Ensure details are kept current

- Protect and keep confidential your password and login details

- Notify Sprout if you are aware of unauthorised access or breach these T&Cs

(b) You acknowledge that

- Sprout may cancel your access to this website at any time

- You are responsible for all use of this website logged in with your login details

(c) Through this website you are not permitted to:

- Mine or collect data

- Alter, interrupt or disrupt functionality of the website

- Solicit or advertise and commercial message

- Conduct any unethical, immoral or illegal activity

- Breach any laws

3. Refunds and Exchanges

(a) Sproutix is not able to offer refunds or exchanges of tickets purchased through this website unless:

- Required to by law;

- Required to by the Live Performance Australia Ticketing Code of Practice;

- Requested to by event promoter

Before purchasing your tickets we urge you to confirm the title, time and location of the event you wish to go to.

(b) By making full payment to Sproutix:

- You confirm any booking you make for tickets and any purchase of merchandise; and

- You enter into a binding contract on the terms and conditions set out in these T&Cs in relation to the booking or any merchandise you purchase.

(c) Upon receipt of payment by you, Sprout will confirm your purchase by email to the email addressed used to access the website. Confirmation will set out details relating to your purchase including:

- Event times and dates; and

- Ticket details; and

- Merchandise and product information (where purchased)

(d) You must notify Sproutix if you do not receive confirmation of your purchase as outlined by paragraph (c) above.

(e) You acknowledge that:

- Any queries relating to purchases made through this website must be made by the purchaser; and

- Sproutix cannot enter into any correspondence with any person other than the purchaser in relation to any queries relating to purchases.

4. Strictly No Resale

(a) Any items purchased through this website are for your personal non-commercial use (your 'Purchases')

(b) You are at no time permitted to:

- Resell or offer for resale any of your Purchases;

- Use your Purchases for advertising, promotion or other commercial purposes (including, without limitation, trade promotions or competitions).

(c) Sproutix may cancel and tickets involved in a breach of the provisions in paragraph (a) and (b) above.

5. Seating Allocations

(a) Seating allocations are at the discretion of the event promoter. Sproutix have no liability to you if you consider the seat allocation for your tickets is below your expectations.

(b) You acknowledge, tickets purchased with the following “general admission”, “GA”, “standing”, “unreserved” or similar are for free-standing or unreserved seating areas in which no specific seats are allocated.

6. Tickets

(a) Tickets you may acquire through this website are:

- Issued by third parties who promote and/or provide the venue for the relevant event (“Promoter”);

- Often sold by ticket agents (“Agents”); and

- Are subject to terms and conditions that may be published by the Promoter and/or Agents and/or printed on the ticket (“Ticket T&Cs”).

(b) Your rights and obligations in relation to a ticket are set out in the Ticket T&Cs. You acknowledge that:

- You must read the Ticket T&Cs carefully;

- Except as expressly set out in these T&Cs, Sproutix has not liability to you in relation to a ticket; and

- The liability of the Promoter and the Agent to you in relation to a ticket is set out in the Ticket T&Cs.

(c) Where tickets are to be delivered to you by post:

- Sproutix endeavour to post them to the address you provide between 10 and 21 days prior to the relevant performance;

- And for any reason Sproutix is unable to post the tickets, Sproutix will notify you and the tickets will be available for collection at the box office for the relevant performance from 2 hours prior to the performance.

(d) If your tickets are lost or stolen:

- You must be able to prove your purchase of the tickets;

- Replacement of the tickets is subject to the terms and conditions of the Promoter and/or Agent;

- Sproutix may charge an administration fee in relation to the re-issue of ticket; and

- Sproutix reserves the right not to replace tickets for which seating is not allocated.

7. Pricing and GST

(a) All of Sproutix's pricing:

- Is inclusive of GST;

- Includes the base supply of your Purchases and all fees charged to and by Sproutix to supply your Purchases to you;

- Is subject to change at any time prior to you confirming your Purchases.

- All transactions are in Australian dollars only.

(b) You acknowledge that in relation to tickets:

- Any amount of Sproutix's pricing that exceeds the face value of the ticket reflects costs incurred by Sproutix in relation to the tickets (including, without limitation, fees charged to Sproutix for ticket allocations and pre-sale access to tickets); and

- The amounts referred to above may vary from time to time and from event to event depending on market factors beyond Sproutix's control.

8. Event Cancellation

(a) If an event is cancelled or postponed, Sproutix may offer a refund to you in accordance with the policies of the suppliers of each component of your Purchases.

(b) You acknowledge that no refund may be available in relation to:

- Costs incurred with respect to travel, accommodation and hospitality bookings; and/or

- Events that are cancelled or postponed after commencing.

9. Intellectual Property

(a) All intellectual property rights in and to this website (including all virtual items, software, files, concepts and content) vest in Sproutix or its licensors.

(b) You acknowledge that you have no right title or interest in or to any aspect of the website.

10. Advertising

(a) You acknowledge that:

- The website may contain advertising and links to third party products and services;

- You are entirely responsible for any fees or obligations you incur with respect to such third parties;

- Except as expressly set out on this website, Sproutix makes no warranties or representations in respect of, and do not sponsor or endorse, such third parties or their products and services; and

- Third party websites are not under Sproutix's control and your use of them will be subject to the terms and conditions and privacy policy of the relevant third party.

11. Events outside Sproutix’s Control

(a) You acknowledge that there are many situations that may affect your enjoyment of your Purchases that are outside of Sproutix's control. Accordingly, to the maximum extent permitted by applicable law Sproutix has no liability to you whatsoever in relation to any claim arising from:

- Changes to event information, program, performers or performance dates (including the cancellation and rescheduling of events);

- The actions or omissions of third parties who may provide products and services in connection with your Purchases;

- Defects in any venue, vehicle, device, materials, other goods or services used in connection with your Purchases;

- Venue, Promoter or Agent policies or legal regulation (including, without limitation, dress codes, service of alcohol and other conditions of entry);

- Unforeseen events beyond Sproutix's reasonable control (including, without limitation, fire, flood, acts of war or terrorism, acts of God, telecommunication failures, civil unrest and accidents).

12. Limitation of liability and indemnity

(a) To the maximum extent permitted by applicable law:

- Sproutix makes no representations or warranties whatsoever to you;

- Sproutix hereby excludes all representations, warranties, terms and conditions whether express or implied (and including without limitation, those implied by statute, custom, law or otherwise);

- Sproutix’s cumulative liability to you for all claims made by you under or in relation to these T&C's, the privacy policy, your purchasers or your use of this website will not exceed in aggregate the amount actually received by Sproutix in respect of your purchases in the period 90 days preceding the date the first claim first arose;

- Sproutix will not be liable to you in respect of any claim for any loss of profit, data, goodwill or business, for interruption to business, for any failure to realise anticipated savings or for any consequential, indirect, special punitive or incidental damages.

(b) Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These T&C's and the privacy policy must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Sproutix are entitled to do so, Sproutix limits Sproutix's liability in respect of any claim to, at Sproutix's option:

(i) In relation to services:

(a) The supply of the services again;

(b) The payment of the cost of having the services supplied again; and

(ii) In relation to goods:

(a) The replacement of the goods or the supply or equivalent goods;

(b) The repair of the goods;

(c) The payment of the cost of replacing the goods or acquiring equivalent goods; or

(d) The payment of having the goods repaired.

13. General

(a) Sproutix may assign the benefit of these T&Cs and Privacy Policy to any person without your consent. You may only assign the T&Cs and Privacy Policy or a right under them with Sproutix's prior written consent that may be withheld or granted in Sproutix's absolute discretion.

(b) The T&Cs and Privacy Policy constitute the entire agreement between the parties in connection with their subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.

(c) If the whole or any part of a provision of the T&Cs and Privacy Policy is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If however, the whole or any part of a provision of the T&Cs and Privacy Policy is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of the T&Cs and Privacy Policy or affecting the validity or enforceability of that provision in any other jurisdiction.

(d) A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise by a party of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

(e) These T&Cs and Privacy Policy do not create a relationship of employment, trust, agency or partnership between the parties.

(f) The provisions of clauses 3, 4, 6, 7, 8, 9, 10, 11, 12 and this clause 13 will survive termination or expiry of these T&Cs and Privacy Policy and will continue to bind the parties.

(g) You irrevocably waive your right to seek injunctive or other equitable relief to restrain the operation of any element of the services and you agree to limit your claims against Sproutix to claims for monetary damages.

(h) These T&Cs and the Privacy Policy will be governed by and construed in accordance with the law for the time being in force in New South Wales and the parties, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State.