Australia Terms of Use

AUSTRALIA - TERMS OF USE

Please read these Terms of Use carefully as they set out the basis on which you are allowed to use the mobile software application (the “App”) or the websites (together with the App, collectively the “Services”) offered by DICE FM Limited (“DICE”, “we”, “us” or “our”). If you have any questions about them or do not accept them, please contact us at help@dice.fm before registering with the Services. We may change these Terms of Use from time to time so please check our App or website at www.dice.fm/terms_and_conditions from time to time for any updates to them to ensure that you are happy with any changes. Your continued use of any part of the Services following any update to these Terms of Use will constitute your acceptance of those changes.

1. ABOUT US

1.1 We are DICE FM Australia Pty Ltd ACN 631 325 838. DICE comprises various group companies, including DICE FM Ltd (98 De Beauvoir Road, London N1 4EN UK), DICE FM Inc (US), DICE FM SPAIN S.L.U (Spain), DICE FM (France) and DICE FM Italy S.R.L (Italy) (DICE Group). These Terms of Use are issued on behalf of the DICE Group so when we mention DICE, we, us or our in these Terms of Use, we are referring to the relevant company in the DICE Group.

1.2 We are a disclosed ticketing agent selling tickets via the Services on behalf of promoters, organisers, managers, artists and venues of music, entertainment, sports and similar events (the “Event Partners”).

2. OVERVIEW

2.1 Your access to and use of the Services is subject to your acceptance and compliance with these Terms of Use. You cannot access or use the Services without accepting these Terms of Use and Privacy Policy (which is incorporated into these Terms of Use by this reference).

2.2 You must be over 18 to download the App and access and use the Services. If you are under 18 then you can only download the App and use the Services with permission from your parent or guardian.

3. GENERAL SERVICE DESCRIPTION

3.1 These Terms of Use deal with your access to the Services. The Services enable you to acquire tickets for events, providing you with entry into venues and other establishments. We make available tickets on behalf of third party Event Partners who are not connected in any way with DICE. When you purchase a ticket you obtain a right to attend the event as granted by the Event Partner, as further described in our Purchase Terms. The third party Event Partners are responsible to you for the relevant events, and we are not liable for the event or any actions or inactions of the Event Partners.

3.2 The Services allow you to register an account which is specific to you. To provide you with access to the Services, we must collect, process and store certain data including, at times, your personal data, which we will do in accordance with these Terms of Use and our Privacy Policy.

3.3 The Services will also provide you with gig, competition, product, and event recommendations based on your preferences, musical tastes, purchase history and what people like you are going to. These recommendations will be shown to you via the Discovery page in the App. You can also buy tickets and products, or share event, music, or product and recommendations with your friends on social media such as Facebook.

3.4 We may, from time to time, update the Services to provide additional functionality or services to you, or to carry out any maintenance or upgrades to existing functionality.

3.5 Tickets purchased through the Services will be subject to our Purchase Terms, and any additional terms and conditions provided to you by the Event Partner(s) and the venue of the event. Entry to an event will be in accordance with the rules and regulations of the Event Partner(s) and venue of the event.

4. LIABILITY

4.1 To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (“Liability”) suffered by you or any third party, arising from or in connection with your use of our Services and/or any inaccessibility of, interruption to or outage of our Services and/or any loss or corruption of data and/or the fact that the information provided through our Services is incorrect, incomplete or out-of-date. 

4.2 To the maximum extent permitted by law, we make no representations or warranties about our Services, including (without limitation) that:

  • they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  • they are compatible with any or all of your mobile devices or any software which you may use on your device;
  • access will be uninterrupted, error-free or free from viruses; or
  • our Services will be secure. 

You read, use and act on our Services at your own risk. 

4.3 To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Services or any breach of these Terms of Use or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms of Use, and continues after these Terms of Use end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms of Use. 

4.4 You may have other rights granted by law in addition to these Terms of Use. These Terms of Use will override any such rights, unless this is not permitted by law.

5. PRESALES AND WAITING LISTS

5.1 Certain events will allow you to sign up to be notified via SMS or push notification and reminded on the day when tickets are placed on sale. Tickets are sold on a first-come-first-sold basis and you must purchase the tickets in the same manner as any other transaction. You acknowledge that signing up to a presale notification does not guarantee you will successfully purchase a ticket.

5.2 Certain events which have sold out on the Services will allow you to sign up to join a waiting list so that if additional tickets become available via the Services, you may be given the opportunity to purchase a ticket via the Services. Users that have already purchased a ticket for a sold out event may also be given the opportunity to offer their ticket for sale via the waiting list. Please see Clauses 6 and 7 our Purchase Terms for further information and the applicable terms.

6. USER CONDUCT

6.1 You can use the Services for your own personal use, and agree not to use it for any purpose prohibited by these Terms of Use. You are solely responsible for all your activities in connection with the Services.

6.2 You will need to register an account in order to purchase a ticket or other item, or to access certain features (such as the waiting list feature). When registering an account, you will be required to provide your name, mobile number and email address. Any tickets you purchase via the Services will be issued to your name as shown in your account details. You agree to provide us with accurate and up-to-date information as requested when registering your account, and you agree to update your details promptly if there are any changes.

6.3 In order to use certain aspects and features of the Services, you must have a compatible mobile device, access to the Internet, mobile messaging and data services. Fees and charges may apply to your use of the Internet or mobile messaging services. You agree that you are responsible for any such fees or charges where these apply.

6.4 You also agree that:

  • you will not interfere or attempt to interfere with the proper functioning of the Services or disrupt the operations or breach the security of the Services;
  • you will not reproduce, duplicate, copy, sell, resell, remove, modify or exploit the Services or their content or its software in any way;
  • you will not use software, devices, or other manual or automated processes to access any portion of the Services, including but not limited to use of any scripts or web crawlers; and
  • you will not use the Services in any way that is fraudulent or illegal.

6.5 The Services and their contents are protected by intellectual property rights which either belong to us or are licensed to us to use. You may not copy or use them without our consent in writing.

6.6 We reserve the right to cancel any transaction or remove, suspend, edit or modify your access to the Services at our discretion if we have reason to believe you have used the Services in contravention of these Terms of Use. Any and all ticket(s) purchased as part of such transaction will be void.

6.7 You may be permitted to post, upload, publish, submit or transmit relevant information and content (“User Content”) through our Services. If you make any User Content available on or through our Services, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Services.

6.8 You agree that you are solely responsible for all User Content that you make available on or through our Services. You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms of Use); and
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

6.9 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

6.10 If you or any third party is aware of any breach of these terms of use which could potentially damage or infringe our property, protectable rights or interests, you should immediately contact DICE via email at help@dice.fm with details of the alleged infringement.

7. CLOSING YOUR DICE ACCOUNT

7.1 These Terms of Use commence from the date that you access and or use the Services until the time that these Terms of Use with us are terminated. There is no minimum time period of when these Terms of Use will be in effect.

7.2 You can uninstall the App at any time, using the functionality within the App or your mobile device. Please note though that deleting the App will not automatically result in the closure of your account. To close your account, please email us at help@dice.fm.

7.3 We reserve the right to suspend or terminate your account, terminate these Terms of Use, or remove, suspend, edit or modify the Services at any time and at our convenience by providing at least 30 days’ notice to you.

8. THIRD-PARTY CONTENT AND SERVICES

8.1 The Services may integrate with social networking platforms (such as Facebook), music streaming platforms (such as Spotify) and other third party applications. Your use of any integrated applications will be subject to those third party's terms of use and their privacy policies.

8.2 When you access third party websites or applications from the Services you do so at your own risk. Any third party websites or applications are outside of our control, and we are not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or applications.

8.3 Sometimes DICE may request additional permissions related to the settings on your mobile device, such as accessing your location or enabling push notifications in order to carry out certain actions or allow you to enjoy certain features. If you choose not to give us the necessary permissions then you may not be able to access all the features and functions of the Services.

9. GENERAL

9.1 If you have any complaint about the Services, you should contact our customer services department at the following email: help@dice.fm and we will try and resolve it as soon as possible.

9.2 As an online trader, pursuant to European Union legislation, we draw your attention to the European Commission's Online Dispute Resolution platform which can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. Through this platform you can access further information about resolving disputes in relation to something you have bought online. We are not obliged to and we do not agree to have our customer complaints handled by these providers. You can also email us at help@dice.fm.

9.3 Your use of our Services and these Terms of Use are governed by the laws of New South Wales, Australia. 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. 

9.4 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 Terms of Use has any right to enforce any of these Terms of Use.

9.5 If a provision of these Terms of Use is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms of Use without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms of Use. 

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