Australia Purchase Terms
1. ABOUT US
1.1. We are DICE FM Australia Pty Ltd ACN 631 325 838.
1.2 We are a disclosed ticketing agent selling tickets via our App on behalf of promoters, organisers, managers, artists and venues of music, entertainment, sports and similar events (our “Event Partners”). We sell tickets allocated to us by our Event Partners, so the tickets we have available for sale for each event will vary and we do not control the ticket inventory or availability.
2.1 Any ticket purchased or otherwise acquired (“Purchased”) through the App is subject to:
- These Purchase Terms;
- Any additional terms and conditions of the relevant Event Partner(s) which can be found on their respective websites or at the venue itself or which are disclosed during the order process.
2.2 We facilitate the Purchase of tickets for events, but at no time, unless expressly stated otherwise, do we act as a promoter or organiser of an event. DICE is not involved in any organisational aspect of the events offered for sale and we exclude any liability and/or responsibility for the quality or nature of any event including (but not limited to) your view at the venue where the event or show takes place, the sound quality, local conveniences or accessibility.
2.3 When you purchase a ticket you obtain a right to attend the event as granted by the relevant Event Partner. The relevant Event Partner will be shown in the event listing in the App, preceded by the words: “Presented by”. We make available tickets on behalf of third party Event Partners who are not connected in any way with DICE. Those third party Event Partners are responsible to you for the relevant event.
2.4 Any changes to an event that occurs after you have Purchased a ticket (such as a change of date, location, programme, or artist, or an event cancellation) are the sole responsibility of the Event Partner for that event. Please see Clause 3, which sets out how we will inform you of any changes to an event.
2.5 By hitting the ‘Purchase Tickets’ button in the App, you are making a contractual offer to purchase the ticket(s). This offer is only accepted by DICE on behalf of the Event Partner once you receive a confirmation email from us.
2.6 Upon Purchase of a ticket as well as on the day of the event you will receive a confirmation to the email address provided to us during your registration to the App containing any additional details about the event. It is your responsibility to check these details carefully before the event. The ticket stored on the App, found by clicking on the 'tickets' option of the App menu, is required for entry to the venue and must be presented upon request for each ticket holder. Note that for certain events, a hardcopy ticket may be provided to you. In these circumstances, we will notify you by telephone, email or within the App of the arrangements for receiving or collecting your tickets. You may be asked by the venue to separately verify your identity and/or age by providing ID for events with age restrictions.
2.7 When Purchasing tickets via the App, you will be limited to a maximum number of tickets for each event (as specified in the order page of the App).
2.8 We may make available certain goods (for example, merchandise), services and digital content (“Non-Ticket Items”) for purchase via the App. Please see Clauses 13 and 14 below for more information.
3. CANCELLATIONS, POSTPONEMENTS AND CHANGES
3.1 Once you have Purchased a ticket, it cannot be exchanged or refunded except in the following circumstances:
- If an event is cancelled by the Event Partner, they are responsible for refunding the original ticket proceeds to you. DICE will arrange for a full refund to ticket holders on the Event Partner’s behalf and subject to us obtaining the funds to be provided from or on behalf of the Event Partner, or to the extent otherwise required by law (including the Australian Consumer Law). We aim to do this within five (5) working days of the Event Partner returning the original proceeds to us to enable us to process refunds.
- If an event is postponed by the Event Partner, ticket holders will be given the option to either exchange their existing ticket for a new ticket for the rescheduled event date or receive a full refund.
- In accordance with our Waiting List feature for sold out events, where applicable. Please see Clauses 6 and 7 below for details.
3.2 If an Event Partner notifies us of any changes to an event, we will:
- Send a message to the mobile phone number or email address specified by you when registering with the App informing you of the change; and
- Inform you about the Event Partner's procedure for reimbursements and refunds, where appropriate.
3.3 We will not reimburse the cost of Purchased tickets after an event has taken place unless instructed otherwise by, and at the discretion of the Event Partner, or to the extent otherwise required by law (including the Australian Consumer Law). You will not be entitled to a refund if you fail to attend an event or make an error when purchasing tickets (for example you buy the wrong quantity).
4. PRICES AND FEES
4.1 The price of the ticket(s) or Non-Ticket Item(s) listed in the App includes GST and will be the price indicated on the order pages of the App when you placed your order. The price of a ticket may go up or down over time but you will pay the price shown when you place your order.
4.2 We accept payment with Visa, MasterCard, American Express, Apple Pay, Android Pay and any other payment methods indicated in the App. You must pay for your order before the ticket(s) or Non-Ticket Item(s) will be provided to you.
4.3 We take all reasonable care to ensure that the price of the ticket(s) or Non-Ticket Item(s) set out in the App is correct. If we discover an error in the price in your order, we will contact you to give you the option of either reconfirming your order at the correct price, or cancelling your order. We will debit or refund the method you used for payment of the order, as applicable. If we are unable to contact you, you agree that we may treat your order as cancelled.
5. SEAT SELECTION
5.1 Some tickets available on the App will be issued for a particular seat or seating area at the event venue. When ordering such tickets, the App may give you the option of selecting your preferred seating area (rather than individual seat numbers).
5.2 Where you have selected a seating area when placing your order for the tickets, we will contact you at a later date and before the event to give you the option of selecting a particular seat number for your ticket(s) (“Set Seat”), so long as you inform us of your selection via the App and within the timeframe provided to you by us. Please note that you will be required to pay a small charge to us via the App, in addition to the ticket price, in order to select a Set Seat. We will notify you of this charge when giving you the option to select a Set Seat.
5.3 Where you do not select a Set Seat under Clause 5.2, we will allocate individual seat number(s) to you for your ticket(s) within the seating area you selected when placing your order. We will notify you of your seat numbers via the App and prior to the event. We will endeavour to ensure that where you have ordered more than one ticket, each ticket will be allocated seats that are next to each other. If you have any questions in relation to seat allocation please contact us at firstname.lastname@example.org.
5.4 Any seating charts shown via the App will reflect the general layout of the venue at that time. For some events, the layout and specific seat locations may vary without notice.
6. WAITING LISTS REFUNDS
6.1 When an event has sold out and as agreed with the Event Partner, DICE may enable the Waiting List feature for that event.
6.2 Where the conditions of Clause 6.1 have been met, you may have the option to offer your ticket to the Waiting List via the App in order for it to be offered to other users of the App, so long as the return is made prior to the Event Partner’s deadline. This deadline is at the discretion of the Event Partner, though DICE endeavours to make the deadline as close as possible to the stated event time in the App.
6.3 Once you have agreed to offer your ticket to the Waiting List, you forfeit your rights to the ticket(s) and they will no longer exist in your account during the Waiting List period. If the ticket(s) offered is not successfully Purchased by another user from the Waiting List, the ticket(s) will be returned to your account prior to the Event Partner’s deadline, and you will be able to use the ticket, but not be eligible for a refund. If the ticket(s) is successfully Purchased by another user from the Waiting List before the deadline, it will be deemed to have been resold by the Event Partner to the new purchaser as described in Clause 2.3, your rights to the ticket will cease entirely, and a full refund of your original Purchase for that ticket(s) will be provided to you. You will not be paid the difference (if any) between the original Purchase price and the price for which the ticket was resold for, if higher (with such difference being the “Waiting List Fee”).
7. WAITING LISTS PURCHASES
7.1 The App may allow you to sign up to the Waiting List for an event. If additional tickets are available for Purchase either by the Event Partner providing DICE with more tickets to sell on its behalf, or other users returning their Purchased tickets to the Waiting List in accordance with Clause 6.2, you will be notified and given a limited time period in which to Purchase the tickets through the App (“Timeframe”).
7.2 The ticket(s) Purchased via the Waiting List are subject to a higher price above the original price of the ticket(s). The Waiting List price you see in the App is the total higher price for that ticket when purchased through the Waiting List feature, including the Waiting List Fee.
7.3 If you have joined the Waiting List and offered a ticket(s), you are under no obligation to Purchase.
7.4 Failure to complete a Purchase of ticket(s) offered to you within the Timeframe will result in the tickets being offered to the next person on the Waiting List. Users who miss an opportunity to Purchase tickets offered to them from a Waiting List during the Timeframe may contact email@example.com in order to be placed back on the Waiting List. A user added back on to the Waiting List in this way will join at the end of the Waiting List (and will not be given their original position).
7.5 You acknowledge that joining a Waiting List does not guarantee you will successfully Purchase a ticket that becomes available. We are also not responsible if you fail to receive a notification or complete a transaction within the Timeframe in order to successfully Purchase the offered ticket(s).
8. ACCIDENTAL PURCHASES
8.1 You are responsible for checking the event details before Purchasing a ticket to ensure that the event’s artist, date, time, location, age limit, and any other restrictions are correct and acceptable to you. You will not be eligible for a refund in instances where such restrictions prevent your attendance.
9. NON RESALE OF TICKETS
9.1 You may not resell or transfer your tickets, except for under (i) the ‘Limited Right to Transfer Tickets’ feature described below in Clause 10, and only if such reselling or transfer is not prohibited by law or by the relevant Event Partner, or (ii) the ‘Waiting List’ feature specified in Clause 6. Further, you may not duplicate a ticket, for example, by taking a screenshot of the ticket on your device.
9.2 Any resale or transfer (or attempted resale or transfer) of a ticket in breach of Clause 9.1 is grounds for the immediate confiscation, invalidation, or cancellation of that ticket without refund or other compensation, and may result in full suspension of your use of the ticket transfer feature or full suspension of the original ticket holder’s use of the App in general, at DICE’s sole discretion.
10. LIMITED RIGHT TO TRANSFER TICKETS
10.1 For certain events a person who has purchased a ticket (a “Sender”) may be permitted to transfer the ticket via the App to another registered DICE user (a “Recipient”). This can be done at any time prior to the ticket transfer cut-off date and time specified by the Event Partner, provided that the conditions below are met:
- The Recipient has a device compatible with the App; and
- The Recipient's mobile number associated with the App is stored and accessible from the contact list or phone book of the Sender’s personal device; and
- The Recipient has downloaded the most recent and updated version of the App to their phone; and
- The Recipient has successfully registered and created a DICE account using the device and mobile number mentioned above.
10.2 DICE provides this feature to facilitate the transfer of the rights to a ticket only. The transfer does not extend to the payment for the ticket, which must be arranged separately and directly between the Sender and the Recipient.
10.3 Due to restrictions placed on DICE by Event Partners, only tickets for certain events may be transferred using this feature. If the event does not allow the transfer of tickets as a feature within the App, you may contact firstname.lastname@example.org to request this manually by providing the full name and mobile number of the Recipient to whom you wish to transfer a ticket. Conditions for the Recipient to receive the ticket are as described above. You must contact DICE at least two (2) weeks in advance of a festival date or one (1) week in advance of all other event dates if you wish to transfer a ticket in this way. If you contact us to transfer your ticket with less than this notice period, we cannot guarantee we will be able to fulfil your request. Any requests to transfer tickets in this manner that are received less than a week before the event may be denied at DICE’s sole discretion.
10.4 When using the ticket transfer feature the Sender is responsible for ensuring that the mobile number of the Recipient is correct for the intended purchaser of the ticket. Any ticket successfully transferred to a Recipient automatically becomes a right of that Recipient and the Sender then has no rights in relation to the ticket. DICE is not responsible for any tickets mistakenly sent to the wrong Recipient and cannot transfer the tickets in question back to the Sender without the Recipient’s prior authorisation or consent.
10.5 The Sender is responsible for requesting and arranging any payment for the ticket separately and directly with the Recipient. Any such payment must not be for a sum exceeding the face value of the ticket. DICE is not responsible for any Recipient refusing to pay any Sender. If an event is cancelled, a refund will be made to the Sender as the original ticket holder by the same means as payment for the ticket was originally made. The Sender is then responsible for remitting the refund separately and directly to the Recipient.
10.6 When requested by the Sender, Recipients of tickets are responsible for settling payment separately and directly with the Sender for an amount no greater than the face value of the ticket.
10.7 If the Recipient of a transferred ticket is unable to attend the event, the tickets may be transferred on to new Recipient or returned to the original Sender using the process set out above.
10.8 It is prohibited for any Recipient to pay more than face value for a ticket. DICE will conduct periodic checks with Recipients to ensure that no more than face value was paid for any ticket. Any Sender found to have requested or received payment from a Recipient above the face value is in breach of the terms under which the ticket was sold and that may be cause for the immediate confiscation, invalidation, or cancellation of the ticket held without any refund or other compensation and for a future restriction on the use of the ticket transfer feature or full suspension of the Sender’s use of the App in general, at DICE’s sole discretion.
11.1 DICE assumes no responsibility for tickets Purchased through third parties or unofficial sales points. DICE is not responsible for any differences in price with other media or sales channels.
11.2 DICE is not responsible for:
- Loss or theft of personal mobile devices, any tickets stored within the App on a lost or stolen device or any hardcopy tickets. All events are provided with a door list with names of individuals who have Purchased tickets through the App and our Event Partners may seek to allow you to gain entry to the event without your mobile phone by speaking to a DICE or event representative who will ask for ID verification in order to allow access to the event. However, this is not guaranteed.
- Any personal arrangements including travel, accommodation or hospitality relating to the attendance or an event. Neither we nor the relevant Event Partner shall be liable to you for any loss of enjoyment or wasted expenditure.
- Any exchange or bank fees incurred by you arising from the normal course of payment or reimbursement.
11.3 Despite anything to the contrary, and to the maximum extent permitted by law:
- We will not be liable for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data;
- Our liability for any expense, cost, liability, loss, damage, claim notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Purchase Terms or otherwise (Liability) under these Purchase Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by your acts or omission; and
- Our aggregate liability for any Liability arising from or in connection with these Purchase Terms will be limited to us re-providing the ticket or Non-Ticket Item to you (as applicable) or, in our sole discretion, to us repaying you the money paid by you to us in respect of the relevant tickets and/or Non-Ticket Items to which the Liability relates.
11.4 These Purchase Terms do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, fraud, or any matter for which liability cannot be lawfully excluded or restricted.
11.5 Certain legislation, including Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) , and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the tickets and Non-Ticket Items by us to you which cannot be excluded, restricted or modified (Statutory Rights).
11.6 If the ACL applies to you as a consumer, nothing in these Purchase Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the tickets and Non-Ticket Items provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
11.7 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work, tickets and Non-Ticket Items are provided to you without warranties of any kind, either expressed or implied, whether in statute, at law or on any other basis.
12. ACCESS TO VENUES
12.1 Your purchase of a ticket to an event via the App or Services will give you a personal revocable licence from the Event Partner to attend the event, subject always to the terms and conditions specified in these Purchase Terms. By purchasing a ticket on the App, you acknowledge that the Event Partner reserves the right, on reasonable and lawful grounds, to refuse entry to or remove from the premises any ticket holder without requirement to offer a refund or other compensation. By way of example, the Event Partner may remove a ticket holder who:
- Has behaved in a manner which, in the reasonable opinion of the Event Partner has, or is likely to, affect the enjoyment of other visitors; or
- Uses threatening, abusive or insulting words or behaviour, or in any way provokes or behaves in a manner which may provoke a breach of the peace; or
- In the reasonable opinion of the Event Partner, is under the influence of alcohol or drugs; or
- Fails, when required, to produce proof of identity or age (as or when appropriate).
12.2 By accepting these Purchase Terms, you acknowledge that DICE shall have no liability if you are refused entry to, or removed from, an event by an Event Partner or otherwise for the actions or inactions of the Event Partner.
13. NON-TICKET ITEMS
13.1 We may make available certain Non-Ticket Items for purchase via the App (including goods, services and digital content). Clauses 13 and 14 only apply to the purchase of Non-Ticket Items (and not to tickets).
13.2 Any Non-Ticket Item purchased through the App is subject to:
- These Purchase Terms;
- Any additional terms and conditions of the relevant Event Partner(s) which can be found on the App order pages when making a purchase.
13.3 Where the Non-Ticket Item is a physical item (for example, goods), we are under a legal duty to supply goods that are in conformity with this contract.
14. CANCELLATION RIGHTS
14.1 Note that where we have made a Non-Ticket Item available via the App on behalf of an Event Partner, any cancellation or return of that Non-Ticket Item will also be subject to the terms and conditions of that Event Partner.
14.2 Note that you do not have a right to change your mind in respect of:
- Tickets or other forms of entry to an event;
- Any upgrades or additional services including travel, catering, accommodation, transport or services relating to leisure activities, to be provided on a specified date or during a specified period;
- Services, once these have been completed, even if the 14 day cancellation period is still running;
- Digital content after you have started to download or stream these; and
- Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
14.3 You have the right to change your mind and cancel a purchase made via the App for:
- Goods within 14 calendar days of the day on which you receive the goods;
- Services and subscriptions within 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
- Digital content within 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
14.4 You can cancel by emailing us at email@example.com or by completing a cancellation form and sending it to us via email or by post.
14.5 If you have received the goods before you have made your cancellation request to us, you will need to return the goods to us (or the Event Partner, depending on the instructions we give you) within 14 calendar days of telling us you wish to cancel. The goods must be returned in perfect original sale-able condition in the original packaging and with all tags attached, to either the Event Provider (to the address notified to you by us) or to DICE FM Australia Pty Ltd, 20-40 Meagher Street, Sydney, NSW, 2000. You are responsible for any return shipping charges. For your protection, please be sure to return your goods via recorded or registered post.
14.6 We will refund you the price you paid for the goods, service or digital content including any the original delivery costs. We will make any refunds due to you as soon as possible, and in any event within 14 days after the day on which we receive (or the relevant Event Partner receives) the goods back from you or, if earlier, 14 days after the day on which you provide us with evidence that you have sent the goods back to us (or the Event Partner).
14.7 We (or the Event Partner on whose behalf we sold the relevant goods) may make deductions from the price (excluding delivery costs) to reflect any reduction in the value of goods returned, if this has been caused by your handling them in a way which means they are not in perfect original sale-able condition in the original packaging and with all tags attached. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
15. SUSPECTED FRAUD
15.1 We have the right to remove or revoke your tickets and provide a full refund to the payment card account holder if your Purchase is suspected of being fraudulent and/or if we have grounds to suspect that your tickets were Purchased using a stolen card (the ‘Suspected Fraud’).
15.2 Where clause 15.1 applies, we are not obliged to notify you of the removal, revocation or refund, nor provide you with any detail of the Suspected Fraud. This is to ensure that those committing fraud are not alerted to the methods of investigation.
15.3 If you believe that your tickets have been removed incorrectly due to Suspected Fraud, you may dispute this by contacting our support team at firstname.lastname@example.org.
16.1 Certain events may be recorded for commercial and/or promotional purposes by the Event Partner. When accessing the venue or show you consent to your image being used in this way.
16.3 Except for Event Partners, who shall have the right to enforce any right expressly granted for their benefit, no one other than a party to these Purchase Terms has any right to enforce any of the terms of these Purchase Terms.
16.4 These Purchase Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.