e-Pocket Terms & Conditions of Sale

1. The Service

1.1 e-Pocket Pty Ltd (ABN 63 622 368 478) (“e-Pocket”) provides ticketing services, including the sale and distribution of tickets, as agent for the venue, promoter or person responsible for holding the relevant event (the “Seller”). In providing these services, e-Pocket owns and operates events.e-pocket.com.au (the “Site”).

1.2 Please read these Terms and Conditions carefully before purchasing a ticket. By purchasing a ticket from e-Pocket, you agree to be bound by these Terms and Conditions.

1.3 These Terms and Conditions relate both to the sale of tickets and attendance at events. These Terms and Conditions apply to both the original purchaser and any subsequent ticketholders (“you”).

2. Variation to Terms and Conditions

2.1 e-Pocket may vary these Terms and Conditions at any time by updating them. Any variations will only apply to ticket purchases made after these Terms and Conditions have been updated.

3. Additional Seller Terms and Conditions

3.1 Each ticket is also sold subject to any additional terms and conditions of the Seller for the particular event (including their Conditions of Entry) (“Seller’s Terms”). The Seller’s Terms may be disclosed as part of the event information on e-Pocket’s website at the time of purchase. The Seller’s Terms are also available from e-Pocket on request.

4. General Terms and Conditions

4.1 e-Pocket acts as agent for the Seller in the sale of all tickets. As such, except as specified in these Terms and Conditions, all claims in connection with tickets or events are the sole responsibility of the Seller and, except to the extent required by law (including the Australian Consumer Law) e-Pocket otherwise has no liability to you.

4.2 Without limiting other remedies, e-Pocket may limit, suspend or terminate the e-Pocket Organiser account of users who are acting inconsistently with these Terms and Conditions, including in particular the accounts of users who we believe are harassing, threatening or abusing our employees or other users or who act in an unlawful or inappropriate manner.

5. Refunds, exchanges and replacements

5.1 Subject to requests made under the Refundable Tickets Terms and Conditions of Sale below, or the COVID-19 Refunds and Exchanges Terms and Conditions:

i. e-Pocket will only offer a refund or exchange of a ticket if an event is cancelled, rescheduled or significantly relocated by the Seller (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law). You must apply for a refund within a reasonable time. e-Pocket does not offer refunds or exchanges as a result of a change in your personal circumstances;

ii. If an event is cancelled, rescheduled or significantly relocated by the Seller, all liability is limited to the amount for which the ticket was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Unless required by law (including the Australian Consumer Law), neither e-Pocket nor the Seller will be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses;

iii. e-Pocket will only replace lost, stolen, damaged or destroyed tickets if the authenticity of the ticket can be verified, including proof of purchase, and if you give reasonable notice before the event. e-Pocket may not replace tickets where seating is unallocated (general admission tickets);

iv. You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an event. You may also wish to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling or relocation;

v. In most cases, refunds will be automatically processed to the credit card originally used for purchase.

6. Variations to performances or events

6.1 The Seller reserves the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity.

7. Conditions of entry

7.1 Admission to an event is subject to the Seller’s Terms. In particular, the following form part of the Seller’s terms unless otherwise specified:

i. You may be denied entry into, or removed from, an event where the Seller has reasonable grounds to do so, including if you breach these Terms and Conditions or the Seller’s Terms, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the event by others.

ii. If you arrive late, you may not be admitted until a suitable break in the event.

iii. You may not be permitted to take into the event, or use, cameras or other photographic or recording equipment (including mobile phones).

iv. You may be required to submit to a search of your person and/or possessions before entering the event.

8. COVID-19 specific conditions of entry

8.1 You acknowledge that the event may be scheduled to be held, or will be held, during a time at which one or more Government directions or regulations may be in force regarding the number of persons attending an event (or the holding of the event itself). If that is the case, then the number of persons permitted to be in or around the Venue may be affected, resulting in the Seller (or e-Pocket, on behalf of the Seller) being required to or deciding to:cancel or postpone the event;

i. reduce the number of persons who may attend the event;

ii. change your seating allocation; and/or

iii. change any standing or seating configurations for attendance at the event;

8.2 in which case You may receive a refund in accordance with these e-Pocket Terms and Conditions of Sale, or the COVID-19 Refunds and Exchanges Terms and Conditions, as the case may be.

8.3 You agree to comply with all Government directions, orders and regulations relevant to attending live events, which may be in place at the time of the event.

8.4 If you are attending the event as part of a group, as the primary ticket purchaser, you are responsible for knowing the contact details of all attendees in your group. In the event you are contacted directly by the Government, including the Department of Health for the purposes of contact tracing, you must: (a) make the contact details of your group available to the Government (if you have the consent of each group member to do so); or (b) contact each member of your group, and request that they provide their contact details to the Government directly.

8.5 All attendees in your group, including yourself, must commit to stopping the spread of COVID-19. If at the time of the event, either you, or any other members of your group are feeling unwell or are subject to a self-quarantine or self-isolation period, you agree not to attend the event. If you do attend the event, you agree to assume all risk associated with COVID-19

9. Authenticity and validity of tickets

9.1 Entry to an event may be refused if the authenticity or validity of a ticket is questionable, including because the ticket has been damaged or defaced in any way, or has not been purchased from e-Pocket or other authorised points of sale.

10. Resale of tickets & scalping

10.1 Tickets may not, without the prior written consent of e-Pocket and the Seller, be resold or offered for resale at a premium (including via on-line auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the ticketholder of the ticket may be refused admission. e-Pocket will use reasonable efforts to notify you of such action.

10.2 SCALPING WARNING: The resale of tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties.

11. Limitations on number of tickets purchased

11.1 When purchasing tickets for a particular event you may be limited to a specified number of tickets. If you exceed the stated ticket limit, you may have any or all of your orders and tickets cancelled without notice by e-Pocket at its discretion. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information. Ticket limits apply to ensure fair access to tickets for fans, and as a measure to minimise ticket scalping.

12. System Errors

12.1 While e-Pocket takes all reasonable care to ensure that tickets are correctly priced and only available for sale when intended, sometimes errors may occur. e-Pocket may cancel an order made as a result of any such error, although in the case of a pricing error e-Pocket will endeavour to contact you to give you the option of purchasing the ticket at the correct price.

13. Customer Errors

13.1 If an error on your behalf results in e-Pocket reprocessing the ticket transaction at your request, e-Pocket may charge to you the actual costs incurred in reprocessing the ticket transaction, including any chargeback or postage fees charged to e-Pocket by a third party.

14. e-Pocket Terms of Use and Privacy Policy

14.1 The e-Pocket Terms of Use and the e-Pocket Privacy Policy are incorporated into these Terms and Conditions and apply to all sales through this Site.

15. General

15.1 The term “including” when used in these Terms and Conditions is not a term of limitation.