AXS NZ PURCHASE AGREEMENT
PURCHASE AGREEMENT – NEW ZEALAND
Effective May 18, 2023
AXS New Zealand Group Ltd NZBN 9429051323639 (“AXS”) provides technology platforms to its clients such as entertainment venues, promoters, and sports teams (our “Clients”) to list, sell, issue and deliver tickets to events using AXS powered websites and mobile applications (the “Service”). All ticket sales for events that occur in New Zealand will be sold by AXS Group LLC; Delaware Secretary of State File No. 4933672 (“the Seller”). The following terms and conditions (this “Agreement”) is incorporated into the Terms of Use and our Privacy Policy and apply to all listings and transactions on the Service and sale or use of tickets issued via the Service, whether issued by AXS or Clients. Terms and conditions of sites linked to by or from the Service may vary by site. Please read this Agreement carefully, because it is a contract that affects your legal rights.
COVID-19 NOTICE
You understand that the event for which you purchase a ticket shall be presented in accordance with applicable public health conditions as of the date of such event and which may change at any time as determined by applicable government bodies, departments, agencies or instrumentalities, artists or the promoter; such requirements may include, without limitation, changes to capacity, attendance procedures and entry requirements, such as proof of vaccination and/or a negative COVID-19 test, and other protective measures such as requiring attendees to wear face coverings. If any Holder (as defined below) does not comply with any laws, mandates, health orders or directives, promoter or venue terms, conditions or rules, then the promoter or venue operator may refuse admission or require any Holder to leave the venue and you/Holder will not be entitled to a refund.
WARNING: COVID-19 is an extremely contagious disease that can lead to severe illness and death. There is an inherent and elevated risk of exposure to COVID-19 in any public place or place where people are present and there is no guarantee, express or implied, that you will not be exposed to COVID-19 at the event.
ATTENDEE PROMISE & HEALTH ACKNOWLEDGEMENT: You agree to follow event policies (including health and safety policies) and posted instructions while at the event. Older adults and people of all ages with serious underlying medical conditions may be at higher risk of death or severe illness from COVID-19. You should evaluate your risk in determining whether to attend the event. By entering the venue/event, you voluntarily assume all risks related to exposure to COVID-19 and confirm that you will adhere to local quarantine requirements and public health guidelines.
Tickets (Right to Attend) Are A Revocable Licence
Please note that both Primary tickets (original issuance tickets, such as those sold directly by the event organiser, promoter, sports team or venue that puts on the event) and Resale tickets (tickets that have been previously issued and are later posted on the Service as resale tickets) may be available for sale on the Service, and different terms may apply to each as detailed below. Each ticket that you purchase from this Service, receive (for example, as a subsequent transferee of a prior purchaser) or use or that may be issued via the Service, whether a Primary ticket or Resale ticket and including digital tickets delivered through our AXS Mobile ID (digital) method of delivery, is a revocable licence to attend a particular event (whether live or online) or to park at a venue, or to exercise certain other rights associated with an entertainment event for which the Service issues tickets, and is subject to these terms and restrictions, as well as any specific terms and conditions imposed by the particular venue and/or event (such as our Client and/or its designee) for which the ticket provides entry rights. By using a ticket to enter the event listed on the ticket, the holder of the ticket agrees to the terms stated in this Agreement and applicable terms and conditions (including those of the particular venue and/or event) on behalf of themselves and any accompanying minor (collectively, “Holder”). Failure to comply shall terminate Holder’s rights hereunder and authorise Client to withdraw the ticket, refuse admission, or eject the Holder, all without refund, and subject Holder to all available legal remedies. The ticket is valid only for the event, date, time, and seat location issued. Holder must possess a ticket to enter the property or venue listed on the ticket.
From Whom You Are Buying Tickets
AXS acts as a sales agent of its Clients with respect to ticket sales, and therefore “AXS” will apply also to our Client with respect to that Client’s actions, rights, or obligations with respect to the purchase, sale or use of tickets or attendance at an event, and to the Client’s use of the Service to list, sell, issue and deliver tickets. When you buy a ticket listed on the Service as a “resale” ticket, you are buying directly from the seller of that ticket.
Payment
All ticket prices for events that occur in New Zealand are listed in New Zealand Dollars (NZD). The Service currently accepts various credit cards, debit cards and digital methods of payment (such as PayPal) (each, a “Payment Method”), and Payment Methods accepted on the Service may change from time to time. You agree to pay all charges incurred by you or any users of your account and Payment Method at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Ticket purchases must be paid in full at the time of purchase, unless a payment plan is offered and entered into at the time of purchase (for example, if a payment plan is offered for season tickets). UNLESS REQUIRED BY LAW INCLUDING THE CONSUMER GUARANTEE ACT 1993 OR AS OTHERWISE EXPRESSLY STATED HEREIN OR IN ACCORDANCE WITH ANY TERMS AND CONDITIONS ISSUED BY A CLIENT, ALL PURCHASES ARE NON-REFUNDABLE AND CANNOT BE CANCELLED. See below for additional terms and conditions related to your purchase, including those in Event Cancellations/Postponements, below.
Resale of Right(s)
Tickets may not be resold or offered for resale in violation of posted restrictions, or in violation of law or regulation. Violation thereof is grounds for revocation, seizure or cancellation without refund. Tickets obtained from unauthorised sources may be invalid, lost, stolen or counterfeit and if so, are void.
Except as otherwise prohibited above, tickets may be resold by Holder using the Service in accordance with our Client’s instructions. AXS is not the seller of Resale tickets and will be acting only on the seller’s behalf when offering Resale tickets on the Service. AXS does not act for or on behalf of the buyer. If you sell or transfer tickets, you are responsible for ensuring that your transactions do not violate any applicable law or any applicable rules or restrictions, such as this Agreement, and those placed on the ticket and disclosed to you at the time of purchase. Additionally, you agree to comply with these conditions and all applicable laws, statutes, ordinances and regulations, and conditions or restrictions imposed by the artist, promoter or venue, regarding the use of the Service, listing of tickets for sale, solicitation of offers for purchase and the reselling of tickets and acknowledge that your first and last name, or business name, will be displayed when listing tickets for resale. You also agree that you are responsible, as a seller of tickets, for paying all taxes, if any, associated with your sale of tickets through the Service. AXS complies with any obligation it may have to provide information to tax or other compliance authorities, including with respect to anti-fraud and/or anti-money laundering efforts. In the event that a violation of any terms or conditions of this Agreement occurs, AXS reserves the right to cancel your transaction and/or cancel your tickets. You acknowledge that the Resale Marketplace is intended for fan to fan sales and if it is suspected that you are in the business of reselling tickets as part of a commercial enterprise and/or on nonauthorized websites then your tickets may be blocked from listing/transferring on the Marketplace.
Ticket Purchases
Purchases - General
You must supply the required Payment Method and/or other personal information in order to complete your purchase. Holder bears all risks of inclement weather or Force Majeure events. Force Majeure events include, without limitation, fire, accident, acts of God, pandemic or public health event, severe weather conditions, power outages, telecommunication interruption, strikes or labour disputes, war or other violence, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency. Event date, location and time are subject to change.
In reviewing and/or purchasing tickets, you may be linked to a third-party site, which is not affiliated with our Services. WE ARE NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY WEB SITES, INCLUDING PURCHASES MADE ON THOSE SITES. Please make sure to review the terms and conditions that you will find on these third-party sites.
On payment in full by you, you shall be entitled to the tickets purchased by you. Delivery of the tickets shall be made in accordance with the section headed “Delivery of Tickets” below.
If you decide to purchase tickets, merchandise, parking or other rights, you agree to pay, in addition to the price for the tickets or other items, other fees and charges that we impose or collect on behalf of our Clients, or that our Clients collect, such as service fees, handling fees, delivery fees and any other miscellaneous fees. You also agree to pay any applicable taxes, including, but not limited to, any applicable admissions tax. As a seller of tickets you agree that we may receive payment from the buyer in respect of such fees and charges.
You are urged to review all pages displayed during your completion of a purchase. All fees and charges relating to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you must cancel your transaction prior to completing it. All completed transactions are final, so please be sure that you have selected the proper event, tickets, or other rights prior to completing your purchase.
We or our Client have the right to reject or cancel any purchase, including if we suspect fraud or any other issues with payment or suspicious account activity or other suspected violations of this Agreement or our Terms of Use.
Purchases – Primary
Unless otherwise stated as part of the purchase, any “primary” tickets (i.e., original issuance tickets sold directly by the event organizer, promoter, sports team or venue that puts on the event) (each a “Primary Ticket” and collectively, the “Primary Tickets”) purchased on the Service are typically subject to a per-ticket service charge and a per order handling or processing charge. A per-order delivery fee may also be assessed, depending on the venue and delivery method. In some instances, tickets delivered via mobile delivery (through AXS Mobile ID) to your AXS account will not incur a delivery charge. We may also impose other fees and charges including, but not limited to, charges for issuance, service, handling, processing, shipping, delivery (including, but not limited to, charges for courier delivery) and any other miscellaneous charges assessed by us. These fees and charges represent, among other things, the costs we incur in providing our goods and services to you. The fees and charges we assess may be greater than our actual cost of providing those services, and we may retain a portion of all such fees and charges as profit. In some cases, you may be able to avoid certain charges by purchasing tickets directly from the venue’s box office.
Purchases – Resale
If you are purchasing a resale ticket (i.e., a Primary ticket that is then resold) (each, a “Resale Ticket” and collectively, the “Resale Tickets”), there may be applicable buyer, transfer, and/or logistics fees and charges imposed. Such fees and charges may vary. Please consult the information found within each event detail page, which will disclose all applicable fees and charges prior to completion of your purchase. We reserve the right to increase or decrease these fees at any time without advance notice for future transactions.
If you are purchasing a Resale Ticket, you will be entering into a contract with the seller of the Resale Ticket for the sale and transfer of the Resale Ticket to you.
We do not review, nor do we warrant or guarantee, the accuracy of any information provided on our Service, including any information provided by Resale sellers of tickets in the seller comments areas of any ticket listings (if any). You should base your purchase decision on the information indicated by the Section, Row and Seat Number in the listing.
You are solely responsible for making a purchase, based on the information provided on our Service. We do not have any legal authority to complete a purchase on your behalf, and do not act as your agent. By providing payment details and choosing to complete the checkout process on our Service, you are agreeing for us to debit or authorise payment for the Right(s) and transaction(s) via the Payment Method provided.
You are urged to review all pages displayed during your completion of a purchase. All fees and charges relating to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you may cancel your transaction prior to completing it. All completed transactions are final, so please be sure that you have selected the proper event and Right(s) relating to such event prior to completing your purchase.
If the original ticketed event has been postponed or rescheduled, and you have resold this ticket, you will still receive your payment as to the Resale transaction approximately ten (10) business days after the new event date (unless further postponed or rescheduled).
Ticket Sales
Sales – General
Seller fees on the Service may vary. Please consult the seller fee information found within our Service. Our sales fee (defined within each event) will be assessed against you as the seller of any Right(s) that are sold or offered for sale, as well as any VAT, GST or equivalent tax that may apply, both of which will be deducted from the transaction amount due to you. At the time of the sale, you will receive an email confirmation showing your net proceeds from the sale, and information on how the proceeds due to you from any sale transaction will be made available to you.
We may also impose additional fees and charges payable by the buyer, which will be disclosed to the buyer during the purchase process. You, as seller, consent to AXS receiving and retaining payment in respect of such fees and charges from the buyer, and you acknowledge that you will not be entitled to such fees and charges.
Sales – Primary
We act on behalf of a seller (our Client) when selling Primary Tickets. This means that our Clients have given us authority to conclude a sale of tickets to a buyer for the tickets that the Clients have chosen to list for sale.
On receipt by us of payment from you, we shall transfer the ticket to you, subject to this Agreement, our Terms of Use and the specific terms and conditions of our Client (and the particular venue and/or event, if otherwise).
Sales – Resale
We act on your behalf, as seller, when listing or reselling tickets. This means that you agree that we will have authority to conclude a sale of your tickets to a buyer on your behalf once you have told us to list the corresponding tickets for resale. You will also be entering into a separate contract with the buyer, allowing us to transfer your tickets (“Rights(s)”) and the corresponding ticket Right(s) to them. The proceeds from Resale Ticket transactions may not be immediately available for disbursement and AXS may delay the disbursement until the associated event has occurred.
AXS utilises Hyperwallet payment services to receive payments from the buyer and to deliver payments to you. Such payment services are subject to the Hyperwallet Terms of Service (including but not limited to the Hyperwallet Terms and Conditions) and the Hyperwallet Privacy Policy.
On receipt by Hyperwallet or us of payment from the buyer, we shall transfer the ticket Right(s) to the buyer and the buyer shall have no further liability to you, as seller. AXS understands that the proceeds of any Resale transaction will be held in a separate account by Hyperwallet. The proceeds from Resale transactions, less any fees and charges due to us, will be transferred to you within 10 days after the relevant event has taken place. Any claim in relation to the Hyperwallet payment services will be a matter for you and Hyperwallet, and AXS is not responsible for any act or omission by Hyperwallet.
Finally, as a seller of tickets, you agree never to specify or include any of the following within the seller comments area of ticket listings:
Aside from your name, if required, or other required information, any other personally identifiable information (including, but not limited to, street address, phone numbers, or email addresses);
Offensive, profane or abusive information or remarks;
Obscene, indecent, pornographic or unlawful information or remarks;
Libellous, slanderous, defamatory, or infringing information or remarks;
JavaScript or any other scripting language; or
HTML or HTML tags (or any similar mark-up or coding designed to alter the normal operation of the Service or a user's browser).
Transfers
Transfer fees may vary by event and venue. Please consult the seller fee schedule found within each event and venue’s branded area. Our purchase fees may apply to you if you as a transferee are receiving tickets pursuant to a sale of such tickets through another publicly available marketplace. Our sales fee (defined within each event and venue’s branded area) will be assessed against the seller/transferor of any tickets that are sold or offered for sale on another publicly available marketplace. Our fees will be charged as provided to the relevant credit and/or debit card on file for the transferor and/or transferee.
General Limitations
All scheduled actions including, but not limited to, purchases and listing expirations will be processed approximately at the date and time specified as indicated by the Service’s system clock. You acknowledge and accept that actual processing time may vary by seconds or in unusual cases, by minutes, from the exact time specified.
The Service will automatically complete a sale if it receives any valid offer to purchase for any listing that remains in effect and available for purchase. Listings will be deemed to be in effect from the time the Service processes the listing action until the earlier of (i) the time the Service processes the expiration or withdrawal of the listing or (ii) the time the Service completes the processing of a retraction action for that listing. Listings are not considered retracted until they have been processed and a system confirmation has been issued.
Limitations on Transfer or Resales; Right to Cancel Primary or Resale Transaction
You are prohibited from offering for sale or selling your ticket Right(s) where such prohibition was disclosed to you prior to completion of your purchase (for example, online or via a pop-up box related to the Event on the Service. You are also prohibited from transferring your ticket Right(s) where such prohibition was disclosed to you prior to completion of your purchase (for example, online or via a pop-up box related to the Event on the Service) or in connection with purchase of your Right(s) (for example, in an email describing an upcoming onsale, presale, or other offer of ticket Right(s) . Prohibitions on offering for sale, or selling your ticket Right(s) apply to any other publicly available marketplace, whether or not electronic or accessible through the Internet, unless such marketplace is publicly designated an authorised partner of AXS. You are also prohibited from violating any additional limitations and/or restrictions on the right to transfer and/or resell your Right(s), where such limitations and/or restrictions were disclosed to you prior to completion of your purchase or attempted transfer or resale (for example, such disclosure may be communicated in the event description page, in pop-up boxes, or via email). Any use of the Service to facilitate the sale of Right(s) through another publicly available marketplace that is not our partner, or use of the Service or another publicly available marketplace to facilitate the sale of Rights when the applicable tickets were sold with a resale restriction, may result in any or all of the following: (i) cancellation of the transfer or sale transaction conducted on our Service; (ii) a charge of our sales fee, calculated with respect to the full sales price of such Right(s) sold or transferred, assessed against the seller/transferor of such Right(s) (such sales fee will be charged to the Payment Method on file for the seller/transferor, typically within twenty-four (24) hours after we provide notice of the assessment of such charge to such person via email); (iii) revocation of the seller/transferor’s rights to use the Service and any or all of our other services; and (iv) revocation of such sold or transferred Right(s) by the event/venue (e.g., our Client).
In certain circumstances, we may cancel a transaction (prior to or after completion of the transaction) and return the tickets to our Client or to the person who held the tickets prior to the completion of the transaction. We will endeavour to notify you of cancellation, however we may not do so if the cancellation is necessary because of a breach of this Agreement or in cases of unlawful or fraudulent activities. The circumstances in which we may cancel a transaction include, but are not limited to, the following:
· If we or our Client revokes any tickets, Primary Ticket and Resale Ticket listings concerning such tickets and related rights (such as parking) will be canceled.
· If an event is cancelled (without being rescheduled), listings for tickets to such event will be terminated.
· If buyer’s Payment Method provider does not remit payment, the transaction will be cancelled.
· If we suspect, in our sole discretion, fraudulent or other illegal activity (whether from the buyer or seller of any transaction).
· If we suspect, in our sole discretion, unauthorized or fraudulent use of a seller or buyer’s account with us.
· If a buyer, seller or transferee breaches the terms of this Agreement, including but not limited to exceeding ticket limits, we may, in our discretion, cancel any listing, transfer and/or pending transaction associated with such buyer, seller or transferee.
· If we deem, in our sole discretion, that a listing, transfer and/or transaction violates the law, this Agreement or the terms and conditions or other rules of our Client and, if different, the subject venue, we may cancel such listing, transfer and/or transaction.
· If the tickets and/or parking rights to an event are limited as described in Limits on Tickets and Parking Rights, and you have already purchased the permitted number of tickets and/or parking rights, we may cancel any past or pending transactions relating to similar ticket or parking rights.
· If there is an error in the pricing of a ticket offered for sale through the Service, we may cancel any listing, transfer and/or transaction all as more fully described in Pricing and Other Errors.
· If we cancel a transaction because the buyer fails to remit payment for any reason, we are only obligated to return the tickets associated with such cancelled transaction to the seller.
In these instances and as part of the cancellation of any transaction, AXS reserves the right to remove any relevant sales proceeds from the Resale Ticket seller’s AXS account, process a reversal of a prior funds transfer made to the seller or charge the Payment Method on file for such seller and/or cancel a pending transaction, whether for Resale Tickets or Primary Tickets.
You understand that you must comply with all applicable laws, regulations and/or ordinances associated with the sale or purchase of tickets (including as to entertainment events, such as resale restrictions) or the use of the Service, and you are responsible for complying with all applicable ticket resale laws.
As part of AXS's ongoing security efforts, security screenings and/or validations may be performed with respect to listings, transfers and/or transactions in connection with the above. For cancellations due to suspected fraudulent activity (whether by you, on your behalf, via your account or otherwise), we may not be obligated to notify you of the cancellation and/or refunding, nor provide you with any details of the suspected fraudulent activity, so as to ensure that those committing (or attempting to commit) fraud are not alerted to the investigative methods.
Refunds and Exchanges
Please review your tickets carefully, including date and location of the event and your seat selection, before completing your transaction. Unless otherwise stated in our terms and to the extent permissible under applicable laws, tickets cannot be exchanged or refunded even if lost, stolen, damaged or destroyed.
Event Cancellations/Postponements
From time to time, events may be cancelled, postponed or rescheduled (e.g., changed to a different date, a materially different time and/or a different venue from that specified at the original time of purchase, or announced to be no longer taking place, to be on hold, that a newly announced event date has been cancelled, or that a new event date has been confirmed) for a variety of reasons.
If you hold tickets to an event that is cancelled, postponed or rescheduled, we encourage you to directly contact the venue to obtain information about postponed dates, if any, of the event and whether there is an applicable refund. Refund policies vary by venue and event; by purchasing a ticket, you agree to the refund policy of the associated venue and event. Please note that if an opening act or guest artist is changed or cancelled, the event is not considered “cancelled” and you will not be entitled to a refund or exchange. While we will try to provide you with information on rescheduling and refunds as such information becomes available to us, the venue and event promoter will have this information more immediately. All times listed as to events on our website are approximate and subject to change, sometimes with short notice, and we reserve the right to amend our website and such information from time to time and at any time; therefore, you should check with the associated venue and event promoter periodically to ensure that you have the most up-to-date information available. Ultimately, it is your responsibility to confirm with the venue and event promoter whether the event is proceeding at the time specified on the ticket or otherwise.
Please note, once a Resale Ticket is sold on the Resale Marketplace, to the extent permissible under applicable laws the Resale Ticket transaction cannot be cancelled and no refunds will be processed for any reason, including as to tickets purchased on the Resale Marketplace, even if the event has been postponed or rescheduled, regardless of the associated venue policy.
If an event is rescheduled and you are unable to attend on the rescheduled event date, you may be able to receive a refund if you purchased a Primary Ticket depending on the venue policy. However, you will need to seek such refund within the stated time after the event is rescheduled. If you do attend the rescheduled event, we will try to offer a ticket with the same or similar value or in the same or similar location as the one you originally purchased, although that is not always possible. While we will use reasonable endeavors to provide seat location(s) in the same or, in our estimation, similar location(s) to those specified on the Ticket at the original time of purchase, (a) we reserve the right to provide alternative seating of equal value from your purchase and (b) where we are unable to do so, we will reimburse to you the difference in ticket value for the seat location(s) we are able to provide relative to the ticket value for the seat location(s) printed on your Ticket, and we shall have no further liability to you as a result of and/or following such seating change. You will not be able to seek a refund based off of any changes to the exact seat(s) we are able to offer so long as it is not materially different in AXS’s reasonable opinion.
In the unlikely circumstance of event cancellation (e.g., without a rescheduled date or without reference as to a rescheduled date to be announced), cancellation policies may require that you refund the proceeds you received in a Resale transaction from a buyer (so that every party receives the appropriate refund of payments made). AXS reserves the right to charge your account balance and/or Payment Method used any amounts necessary to provide refunds for seats purchased and re-sold to another party. You agree to authorise said charges and to pay in full. In the event you are entitled to a direct refund and you have requested such a refund, we may automatically issue you a refund to the Payment Method you used to purchase the ticket.
Any amounts paid for ticket insurance for an event is non-refundable in cases where AXS has processed refunds, if eligible, at the customer’s request.
Limits on Tickets and Parking Rights Per Customer
In an effort to give all interested customers an opportunity to purchase seating and/or parking tights, or tickets for an event, our Clients often set limits on the number of seating and/or parking rights, or tickets one customer or household is allowed to purchase. You will be advised of any such limits during the purchase process or by a system limitation on the number of tickets you may purchase during your online session. Tickets purchased for an event during multiple online sessions on the Service may be totalled to ensure that any limitations imposed by the Client are not exceeded. Exceeding these limits may result, without notice, in cancellation of order(s) or such order(s) may not be fulfilled.
Availability of Tickets
The availability of tickets and/or parking rights are subject to change. We act as a sales agent for our Clients. Tickets for events may be sold through distribution points other than the Service, such as the venue or event organiser itself, which may have access to different tickets than are available on the Service. We do not control the number of tickets and/or parking rights (and/or items) sold on the Service or the location of seats or parking spaces that are made available for purchase. Our Clients may potentially release additional tickets during presale, onsale, or any other time up to the day of the event. Tickets and/or parking rights are also "locked" (not available) for a short time while customers complete their purchase. If a customer does not complete their purchase, previously locked tickets and/or parking rights are released and made available for purchase. For these reasons and others, the tickets and/or parking rights available for a given event can and do change rapidly. If you are unable to find tickets or parking rights, please check back again. Once your purchase has been completed, we will not exchange or refund your order (except as otherwise provided in this Agreement), even if additional tickets or parking rights become available at a later date.
Pricing and Other Errors
If the amount that you pay for a ticket is obviously incorrect, regardless of whether it is an error in a price posted on the Service or otherwise communicated to you, or if you are able to order tickets before their scheduled on-sale date, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
Venue/Event Specific Terms and Conditions
By purchasing or accepting tickets to an event or other item on the Service, you agree to be bound by the terms and conditions and other rules of our specific Client and the venue where the specific event is being held. Links to event and/or venue terms and conditions that are specific to such events or at such venues may be included within your purchase confirmation, ticket delivery or event reminder emails, or made available on each event and venue’s branded area on our Service, or made available on the applicable Client’s website. We recommend that you review the official terms and conditions and other rules of each event and venue to which you hold tickets.
Delivery of Tickets
Your tickets will be delivered to you as indicated at the time of purchase, most frequently via mobile delivery to your AXS account. Certain events may have restricted delivery options, as well as delayed delivery windows (for example, the tickets for online events will typically be delivered to your AXS account immediately following purchase whereas tickets for certain live events may not be delivered until a date closer to the event). AXS is not able to specify the exact date of delivery for each event, so please allow as much time as possible for your tickets to arrive. Shipping information, if any, is provided at checkout. If tickets are mailed, they will be sent to the address provided by the purchaser at the time of purchase. AXS is not responsible for failure of delivery or any losses incurred as a result of a purchaser’s failure to provide an accurate address. If you have not received your tickets five (5) days before the event for which you purchased, please contact us.
There may be circumstances in which we make your tickets available for your collection at the box office of the venue for which the event will be held. We will notify you by email if this box office collection is required. In order to collect your tickets at the box office, you will be asked for order confirmation, proof of identity and Payment Method used for the transaction. If you are unable to provide this information, the box office may refuse to provide your tickets to you and we will not be responsible for your inability to enter the event.
Charges to Your Payment Method
If you feel that a charge has been made to your Payment Method in error, please contact our customer service department.
Customer Service Department
Our customer service department is available to all of our current and potential customers. Our customer service department endeavors to assist current and potential customers to manage/set-up their account information in any way that is permitted by the Service. Prior to access, current customers must provide specific personally identifiable information that matches the current information in the account.
Right to Act on Instructions by Others
We and designated personnel of the applicable Client and, if different, the venue(s) associated with the applicable event(s), event producers and/or event promoters, are authorised to perform any action on your behalf that you could otherwise perform if we are instructed by someone in possession of your account authorisation information. You agree that we may perform these actions, including, but not limited to, addition or correction of account profile information, addition of additional forms of electronic identification to your account, transferring Right(s) to others, listing Right(s) for sale, and/or purchasing Right(s).
Information You Provide to Us
By using the Service, you agree to our Privacy Policy and Terms of Use. All information provided through the Service will be managed and processed in accordance with the Privacy Policy. All information that you provide in connection with your purchase from the Service (including your name, address, credit card number, and other identifying information) must be accurate, current and complete.
You understand and agree that we shall have the right to provide any information you submit on or through the Service to third parties for purposes of facilitating the completion of any purchase made by you, on your behalf or through your account. Verification of information may be required prior to the acknowledgment or completion of any purchase.
Compliance with Laws
You understand that you must comply with all applicable laws, regulations and/or ordinances associated with the sale or purchase of tickets (including as to entertainment events, such as resale restrictions) or the use of the Service, and for complying with all applicable ticket resale laws. You also understand that you must comply with all laws, mandates, health orders and directives applicable to the event you attend. Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some jurisdictions and you understand that complying with laws is your responsibility and we are not responsible for providing legal advice regarding resale or pricing of tickets. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of our policies. Because we do not guarantee the authenticity of tickets purchased from any non-authorized third-party reseller (such as brokers or individuals), we recommend that you purchase tickets directly through AXS, our Client, authorized partners or from the venue box office to ensure ticket authenticity.
You acknowledge that complying with laws is your responsibility. YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. Remember a Client or venue operator or event producer, in order to prevent ticket misuse, may require the person purchasing tickets to be the person that uses the ticket. Therefore, you may be required to produce verification of identity in order to pick up or use the tickets purchased.
Information/Services We Provide to You
We reserve the right, without prior notification, to change any content on the Service.
We may make available promotional codes that are provided to us in relation to particular events and/or tickets. The terms and conditions for use of such promotional codes will be determined by the Client or provider. We do not warrant or guarantee that any such promotional codes are valid or correct, and any claim that any user may have in relation to any such promotional codes will be between the user and the applicable Client.
We may, by notice to the user, terminate, suspend any or limit any user’s ability to make purchases through the Service. Price and availability of any ticket, product or service on the Service are subject to change without notice.
Order Confirmation
AXS or the Client may send a summary of your purchase to the email address provided to the Service. You should receive a confirmation after concluding your transaction. If you do not receive a confirmation from us, if you receive an error message, or if you discover an error in the information provided, contact Customer Service immediately to ensure your transaction was completed and that your information is correct. The Service cannot be responsible for transactions that were not completed or for assumptions that a transaction was completed even though you did not receive a confirmation.
Please note that orders are processed only after a billing address, and/or other billing information, has been verified. Occasionally, we receive incorrect billing or Payment Method information for a ticket order that can delay processing and delivery. In these cases, customer service will attempt to contact you, using the information we have on file. If customer service is unable to reach you after its initial attempt, the Service may cancel your order and release your tickets without further notice to you. Information sent to the email address you provide will be deemed to be delivered to you, regardless of whether you check your email, provide an incorrect address, or if the message is marked as “junk or “spam.”
TERMS AND CONDITIONS
THE PURCHASE AND/OR USE OF ALL TICKETS ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
By entering the venue for the event, each Holder agrees to the following Assumption of Risk, Waiver and Limitation of Liability:
ASSUMPTION OF RISK
Holder understands and agrees that there are certain risks inherent in attending any event, including a sporting or entertainment/concert event, and voluntarily assumes all risk of property loss or damage, personal injury, illness and/or death arising in connection with the use of the ticket and/or before, during or after the event (e.g., by entering the venue and/or attending the event), including, without limitation, objects or fragments thrown or flying into the spectator area, a venue’s stands, concourses and/or concession areas during an event, special effects at an event, acts or omissions of other spectators and risks related to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”). Holder understands and agrees that these risks cannot be fully eliminated. Holder understands and agrees (a) that the risks of exposure to COVID-19 are increased by proximity to other people, (b) that an inherent and elevated risk of exposure to COVID-19 exists in any public place or place where people are gathered, (c) that entering the venue and/or attending the event may involve coming into close contact with other people, and (d) that there is no guarantee, express or implied, that Holder will not be exposed to COVID-19.
Despite these risks, Holder voluntarily assumes ALL known and potential risk and danger of property loss, illness (including sickness, whether airborne or otherwise, and other risks of exposure to any communicable disease or illness or a bacteria, virus or other pathogen capable of causing a communicable disease or illness), injury and/or death from any cause, resulting from, in connection with, or incidental to the venue and/or event, including exposure to COVID-19, whether occurring prior to, during or after the event. Holder agrees that the Releasees (defined below) shall not be responsible or liable for any claim, loss, damage or injury, whether occurring before, during, or after the event, regardless of whether caused by the negligence or other fault of Releasees or any third party.
WAIVER
To the fullest extent permitted by applicable laws, Holder forever releases, waives, discharges and agrees not to sue the Service, event (including any promoter and/or producer thereof), venue, facility, management, participants, participating clubs or parties, artists, players, musicians, Anshutz Entertainment Group, Inc. and each of their affiliates (including AXS New Zealand Group Limited and AXS Group LLC), and their respective past and present employees, officers, directors, members, partners, owners, managers, operator, sponsors, advertisers, contractors, suppliers, volunteers, representatives, other agents, successors and assigns (collectively, the “Releasees”) for any known or unknown claim, loss, damage, injury, illness, liability, demands, actions or omissions incidental to, in connection with or resulting from entering the venue and/or attending the event, whether such risks and dangers occur before, during, or after the event, including injury or death relating to COVID-19 or any other illness or injury that Holder may sustain while at the venue or related to attending the event, regardless of whether caused by the negligence or other fault of Releasees or any third party (“Claims”).
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, none of the Releasees are or will be responsible or liable to you or to any third party for, and you expressly waive all rights to seek, any indirect, incidental, consequential, special, exemplary, punitive or other damages under any theory of liability, arising out of or relating in any way to the Service, transactions made through the Service, and/or materials contained on the Service, or the event (even if we or Client have been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable).
Nothing in these Terms operates to exclude, limit or modify the application of any statute (including the Consumer Guarantees Act 1993) where to do so would be unlawful, contravene that statute or cause any part of this clause to be void.
Subject to the paragraph above and to the extent permitted by law, we:
· exclude all terms, conditions, warranties and guarantees implied or imposed by statute, law or other source external to this Agreement (including as to the description, acceptable quality or fitness for purpose of any goods or services);
· except for liability expressly assumed under this Agreement, exclude all liability whatsoever, whether under statute, contract, for negligence or other tort, or otherwise, arising out of, in relation to or in connection with this Agreement (including for malfunction or destruction of data); and
· limit any liability which cannot be excluded or limited under the other provisions of this clause to, at our option, in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again, or in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods or of acquiring equivalent goods or having the goods repaired.
In any case our liability to you for any claim arising out of, in relation to or in connection with this Agreement will not exceed the amount paid by you to us in relation to the goods or services giving rise to the claim.
We will have no liability to you caused by any act or omission of another party, or any other matter or circumstance beyond our reasonable control.
If, but for this provision, a provision of this Agreement would be deemed "unfair" within the meaning of the Fair Trading Act 1986; (a) such provision will be construed, as nearly as possible, to operate without the parts of that provision that deem that provision to be "unfair" and, if that is not possible, such provision will be of no effect; and (b) the balance of this Agreement will continue unaffected.
Proper Conduct
All attendees must conduct themselves properly at an event. The venue operator and/or the event producer shall have the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct Client or the venue deems disorderly or improper, who uses inappropriate, vulgar or abusive language, who fails to provide proper identification, or who fails to comply with any other rules adopted by the Client or venue. Breach of these terms or rules could result in the termination of your licence or right to attend the event without refund. Latecomers may be seated at the discretion of Client or venue.
Recording/Photography and Other Restrictions
Holder agrees not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. For online events, Holder may not download the event or otherwise record or make a copy of any portion of the event, and Holder may not use, reproduce, modify, display, publicly perform, distribute, make available, or create derivative works of any portion of an online event. If you attend an event, you, as Holder, irrevocably grant permission to the applicable Client, the event, venue and the performing artist, team or other event producer, the venue owner and/or operator and AXS, and their respective related entities (with the right to sublicense), to use your name, image, likeness, sounds in any audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium now known or hereafter developed, without further authorisation from, notice or compensation to, you or anyone acting on your behalf, including for promotional or other purposes.
Search/No Expectation of Privacy
Holder and Holder’s belongings may be searched on entry to the event. Holder consents to a search of their person and property and waives any claims against the Releasees that may arise from such a search. If you elect not to consent to a search, you may be denied entry to the event without refund or other compensation. Under certain facility or venue rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, food, beverages, controlled substances, cameras, recording devices, laser pointers, strobe lights, or certain size packages or bags. You agree that the event for which you purchase or use tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event.
Re-Sale Restrictions
Tickets may not be used for any advertising, promotion or commercial purposes, or used as a contest, lottery including trade promotion or sweepstakes prize without the prior written permission of AXS, the Client, the event producer or applicable party relative to the event. We reserve the right to cancel accounts or refuse to sell tickets to any individual who has engaged in the sale of counterfeit tickets or the unlawful re-sale of or unauthorised promotional use of tickets.
Safety and Security
In the event that you are hurt or believe there is a security issue, please contact an usher or security personnel immediately. AXS is not responsible for the acts or omissions of any venue or Client.
Virtual (Online) Events
If you purchase tickets to an online event, we do not guarantee that your device or network will have the necessary bandwidth or capabilities to stream the event at a suitable speed, and you bear all risk with regard to such transmission. We do not guarantee that any online event will be available in any particular format or that an event will be compatible with any specific system, application, or device. We make no representations or warranties about the quality of your watching experience or your display. We do not guarantee the suitability of any event for any particular age group, and events may contain language or content not suitable for children.
Additional Terms
There may be additional terms applicable to the sale and use of tickets listed on the Service, which will be disclosed to you during the purchase process. AXS reserves the right to refuse to complete a transaction, refuse service and/or cancel an order for reasons such as suspected fraud in Payment Method, violation of terms, ticket limits or any other reason.
Contact Information
If you have any questions regarding this Purchase Agreement, please refer to the following as to how to contact us.
Physical address:
FLOOR 5 79 QUEEN STREET
AUCKLAND CENTRAL
AUCKLAND 1010
Email us at: [email protected]
Or contact us via AXS customer support chat on axs.com/nz
