TERMS AND CONDITIONS
Outix, (ABN 65 612 900 759), (herein,"us", "we", "our", "Outix", "Outix.com.au"), agree to provide you, our customer, (herein, "you", "your"), with access to our Application under the terms and conditions as set out below.

The Portal is our web based event management platform which allows Event Organisers to list event details, set ticket inventory, sell tickets, take registrations, manage Customer lists and communications and manage other event functions using the Portal. You are granted access to certain parts of the Portal in order to facilitate transactions with the Event Organiser.

 

Please read these Terms carefully before purchasing a ticket. By purchasing a ticket from Outix, you agree to be bound by these Terms which relate to the purchase of tickets as well as attendance at the nominated event and bind you.

 

  1. Applicability, General Terms and Conditions

 

  • These Terms apply to all services, offers and tickets offered by Outix.
  • By using or visiting the Portal, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Portal.
  • By agreeing to the Terms, you are also agreeing to the Outix Privacy Policy at https://www.outix.net/tickets/privacy.
  • Outix reserve the right to revise these Terms, as it sees fit, at any time without prior notice. It is your responsibility to regularly check these Terms.

 

  1. Acceptable Use of your Outix Account and the Portal

 

2.1   Upon registration of your personal Outix Account, you agree that your Outix Account is for personal use only. You will refrain from using the Outix Account improperly, including, but not limited to, sending threatening messages or other unsolicited messages or commercial promotions via any form of media including Social. If you are found to have breached this agreement, Outix reserves the right to suspend your Outix Account and you may be reported to the appropriate authorities.

2.2   The Outix Account allows you to book tickets for events. As a registered Customer, you may also opt in to receive promotional information relating to specific events or from Event Organisers. In that case you will be informed by email, texts or other prescribed method of communication of upcoming events. At all times, you will have the opportunity to opt out of receiving any such further promotional information.

2.3 You agree that you will only use the Portal for your own personal use. You will not duplicate, download, publish, modify or otherwise distribute the material on this site for any purpose other than:

(a) to review an event and its promotional information; or

(b) to purchase tickets.

2.4   You obtain no Intellectual Property Right in the Portal and the Portal remains the property of Outix and is protected by Australian and international copyright laws.

2.5  Free items or promotional credits obtained through the Outix referral or rewards system are not redeemable for cash. Outix cannot be held liable for any injury, illness, death, loss or damages to you and/or your property from any promotional items.

2.6  You shall expressly communicate any special requests, requirements or wishes with respect to the Tickets, including but not limited to special requests, requirements or wishes on account of your limited mobility, through the Outix Account upon booking the Tickets. The Event Organiser reserves the right to approve any such requests, requirements or wishes.

2.7  An Outix Account is strictly personal and non-transferrable.

2.8  The Privacy policy contains a statement concerning the way Outix uses your  personal   information. You are deemed to have read the Outix Privacy Policy presented on the Outix website and to agree to your personal information being processed in the manner set forth therein.

 

  1. Unauthorised Use of the Portal

    Illegal and/or unauthorised uses of the Portal will be investigated and appropriate legal action will be taken.

 

  1. Third Party Links on the Portal

 

4.1  From time to time the Portal may include links posted by the Event Organiser to third party internet sites. Outix does not endorse the content of any third party internet site nor does Outix guarantee, represent or warrant that the content contained therein is accurate, not contain viruses, legal and/or inoffensive.

4.2  By using the Portal, you agree and understand that you may not make any claim against Outix for any damages or losses, whatsoever, resulting from your use of the Portal providing links to third party internet sites.

4.3  If you become aware of a problem with a link to a third party internet site, please notify us by email describing the problem to info@outix.com.au, as to allow us to investigate further.

 

  1. Breach of these Terms and Conditions

 

5.1  If you are found to have breached this agreement, Outix reserves the right to suspend your Outix Account, prevent you from making future bookings using the Portal and/or you may be reported to the appropriate authorities and take legal action against you. If this occurs, Outix will provide you with reasonable prior written notice including reasons for the action taken against you. You will be allowed to dispute this action within 5 days of receiving such notice. Outix will act reasonably in considering your response.

5.2  Subject to clause 5.1, Outix may cancel your ticket orders and provide you with written notice of that cancellation along with reasons as to that cancellation and will also provide you with a refund of the ticket price paid by you.

5.3  Subject to clause 5.1, you may be liable to injunctive or other equitable relief.

 

  1. Payment methods

 

6.1 Payment of the Tickets and all other costs owed by you is made to Outix.

6.2 When you book Tickets, Outix charges booking and transaction costs to you in respect of the services rendered by and/or on behalf of the Event Organiser in addition to the price of the Tickets.

6.3 Unless expressly stated by Outix, all Ticket prices, booking and transactions are in Australian Dollars and inclusive of GST.  

6.4 Outix accepts the following payment methods, subject to the Event Organiser:  Visa, MasterCard, iDEAL, BankCard, American Express, Diners Club, PayPal and JCB.

6.5 Unless otherwise stated, where you purchases Tickets using a credit card, you will be required to present the credit card and produce a picture identification when collecting the Tickets at the Venue. The name on the credit card used and the picture identification must match each other. You can only buy Tickets with a parent's or another person's credit card if:

(a) you have both written permission to use the credit card and can bring it to the event; or

(b) you have obtained written permission from the credit card holder.

6.6 Outix saves the billing and credit card information provided for future purchases. If you do not wish for Outix to save this data, you must uncheck the checkbox "Save this card to my profile" during the booking process. Without written permission you must not use the Quick Buy option if you use a parent's or another person's credit card to make the payment.

6.7 All purchases are charged to the credit card at the time of purchase, not at the time of entry to the Event.

6.8 If your payment cannot be authorised, you will be informed of the authorisation failure by email or otherwise.

 

  1. Formation of the Agreement

 

7.1 Unless expressly stated otherwise, all offers, including advertisements and price lists on the Outix website, are without obligation of engagement and are subject to approval.

7.2 Outix mediates in effecting the Agreement between you and the Event Organiser when offering and selling (bookings for) Tickets. Outix is not a party to the Agreement effected through a Ticket purchase. The Agreement is effected upon you purchasing one or more Tickets through the Outix account. 

7.3 Outix provides the Tickets to you on behalf of the Event Organiser.

7.4 Ticket bookings are irrevocable to you. Provisional bookings or agreements formed cannot be changed. Prior to booking or purchasing a Ticket, you are required to carefully review the Event and ticket selection. The Event Organiser's policy will dictate the issuing of exchanges or refunds to you after a Ticket has been purchased or for lost, stolen, damaged or destroyed Tickets. 

 

  1. Tickets

 

8.1 The purchase of Tickets through Outix is limited to ten (10) Tickets for each separate Event, unless the Event Organiser has authorised such purchases in its general terms and conditions. Outix reserves the right at all times to refuse or cancel a booking in excess of the maximum stated. This limitation has been designed to make sure everyone gets a fair chance of attending the Event.

8.2 Outix sells tickets on behalf of Event Organiser and Outix does not determine the ticket prices, booking fees.

8.3 The Event Organiser is responsible for the number of Tickets offered. Popular Events may sell out quickly. Sometimes additional Tickets are sold, however this is beyond Outix's control.

8.4 Tickets are and remain the property of the Event Organiser and are delivered to you by Outix on the condition that, without the prior written permission of the Event Organiser and/or Outix, the Tickets may not be sold to third parties, directly or indirectly commercially transferred to third parties nor offered or used in commercial promotions in any way whatsoever. Upon violation of these prohibitions Outix and/or the Event Organiser are entitled to invalidate the Tickets concerned. Holders of invalid Tickets will be denied access to the Event.

8.5 It is your responsibility to ensure that you check the Tickets for any errors after you have received     them. After purchasing, Tickets cannot be exchanged or refunded.

8.6 Outix does not provide any guarantee on ability to repurchase tickets if tickets are cancelled due to defaulted payments.

 

  1. Identification at venues

 

9.1 As Outix sometimes sells tickets for events at licenced venues, you may be required to produce photo identification (valid driver's license, passport or proof of age card) to obtain admission at the Venue, as these venues require proof that you are 18 years of age and over.

9.2 Prior to gaining entry to the Event you may need to pass Event security conducting on the spot bag checks and random frisk searches.  The Event Organiser may deny access to anyone who refuses to comply with Event security. Any such person will not be entitled to a refund.

 

  1. Delivery of Tickets

 

10.1 Through the Outix platform the Event Organiser may elect to offer one or more of the following delivery options for the Tickets. The proof of identity requirements set out in clauses 6.5 and 9 apply regardless of the delivery method used.

  10.2 By Email / E-ticket option: the Outix platform provides an opportunity to send the Ticket to the email address provided. If you have not received the e-ticket within 48 hours, you are required to contact Outix by email.

10.3 In App QR scanning option: Tickets delivered through QR scan delivery option are typically   available up to the event start time or at the venue itself. You may be required to show the online booking upon arrival at the venue. When purchasing QR scanning, the Event Organiser may require you to show the credit card at the door for online bookings.

 

  1. 11. Liability

 

11.1 Outix does not promise that the Portal will be error-free, uninterrupted, nor that it will provide specific results from use of the Portal and its content including any third party internet links. The Platform is delivered on an "as-is" and "as-available" basis.

11.2 Outix, will take steps consistent with the industry practice to protect you from downloading corrupt files or files containing viruses from the Portal.

11.3 Outix will comply with any rights and remedies in respect of goods and services under legislation. However, Outix excludes all rights, remedies, conditions and warranties in respect of goods or services from your use of the Portal and attendance at the Event whether based in statute, common law or otherwise to the extent permitted by law as follows:

(a) Outix will not be liable for any damages of any kind arising from the use of the Portal,  including without limitation, direct, indirect, incidental, and punitive and consequential damages;

(b) Outix makes no guarantee of any specific result from use of the Portal or other Outix services;

(c) Outix disclaims any and all liability for the acts, omissions and conduct of any third party users, Outix users, advertisers and/or sponsors on the Portal, in connection with the Outix service or otherwise related to your use of the Portal and/or the Outix service. Outix is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Portal;

(d) Outix cannot be held liable nor issues any warranty for (admission to) the Event, the organisation of the Event, the (artistic) quality and contents of the Event nor for the proceedings at and in the vicinity of the venue.

(e) Outix cannot be held liable for any compensation for or refund of the purchase price of the Tickets in case of cancellation and/or rescheduling of an Event by the Event Organiser or the operator of the Venue or in the case of an Event Organiser approved exchange or refund. If, and as far as, the Event Organiser decides to refund the purchase price and the Event Organiser uses the services of Outix in this respect, the refund of the purchase price of the ticket purchased through Outix will be administered by Outix in accordance with clause 15.4;

(f) Outix is not bound to compensate any amount in excess of the purchase price of the Tickets, additional costs that you paid for such as services rendered by the Event Organiser or by Outix on behalf of the Event Organiser, such as booking and transaction costs, which will never be refunded. In such case Outix cannot be held liable for any other costs and/or expenses directly or indirectly incurred;

(g) Outix cannot be held liable for any injury, death, loss or damage sustained by you during or as a result of a visit to the Event or the venue;

(h) Outix cannot be held liable for loss of the Tickets by you on any account whatsoever. 

 

  1. Force majeure

 

Force majeure is considered to be any shortcoming that cannot be attributed to Outix and is caused by circumstances beyond our control, in particular any act of God, act of nature, including any epidemic or outbreak of pandemic disease, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining raw material, energy or other supplies, labour disputes, strikes, failure of and damage to equipment and equipment operating systems, internet outage, traffic congestions, strikes, floods, lockouts, sabotage and, in general, all unforeseen circumstances both domestic and/or abroad of whatever nature or whatever reason beyond the control of Outix and as a result of which Outix cannot be reasonably required to execute the Agreement. Outix will not be liable for any delay in or failure of our performance under this Policy to the extent that such Force Majeure Event which is beyond our reasonable control, provided that Outix use reasonable endeavours to mitigate the consequences of such event.

 

  1. Intellectual property rights

 

13.1 Outix is the owner of all intellectual property rights relating to the name, logo, any text and (advertising) music of Outix as well as relating to the business formula in general used by Outix. You may not directly or indirectly disclose or cause to be disclosed and/or duplicate or otherwise use or latch on to such intellectual property rights, without Outix's prior permission in writing.  The Event Organiser may only use their account with Outix for purposes permitted under this Agreement. 

13.2 The Event Organiser or the original owners of the Event concerned or the operator of the venue are the owners of all intellectual property rights relating to the name of the Event, the venue, logos, etc. You may not directly or indirectly disclose or cause to be disclosed and/or duplicate or otherwise use or latch on to such intellectual property rights, without Outix's prior permission in writing. 

 

  1. Rules of conduct Event Organiser

 

14.1 You must comply with the rules of conduct set by the Event Organiser and the operator of the venue with respect to the Event Outix provides the Tickets for. 

14.2 The Event Organiser and the operator of the venue may at all times and at their discretion deny visitors of the Event access to the venue if the Ticket turns out not to have been obtained through Outix or other (advance) ticket agents authorised by Outix.

14.3 The Event Organiser and the operator of the Venue reserve the rights to:

(a) deny visitors arriving after the Event has commenced access to the venue;

(b) delay admission to an event until a suitable break;
(c) change and/or withdraw advertised artists, programs or seating without notice;
(d) append the Outix terms as are displayed and agreed to by the purchaser during the booking process.

 

  1. Cancelled Events

 

15.1 Occasionally, events are cancelled or postponed by the Event Organiser due to unforeseen. If and when this occurs, the Event Organiser will make every effort to ensure you receive a prompt refund and/or exchange if applicable.

15.2 If an event is cancelled or postponed, refunds will be determined by the Event Organiser. To find out about the refund availability and process:

(a) you will be notified by email if you have opted in to receive email updates; or

(b) you can review notices posted on the Event Organiser's website or contact the Event Organiser via the email address supplied on the Event Organiser’s Outix listing.

15.3 If the event is moved or rescheduled, the Event Organiser may set refund limitations. You will be required to contact the Event Organiser to obtain specific instructions.

15.4 In the event of refund confirmation by Outix the following refund method applies:

(a) For online and phone bookings using payment methods in clause 6.4 above, Outix will automatically refund to the credit card used for purchase within 14 days of notifying you that a refund for this event applies.

(b) If you booked in an authorised Box Office, please return to the same Box Office you purchased from to obtain a full refund within 90 days of the event cancellation.

(c) If you purchased the ticket(s) independently of Portal, you will need to return the tickets directly to the place where you purchased the tickets.

(d) Outix takes no responsibility for tickets not purchased through an authorised purchase method either though the Portal, call centre or through the Box Office.

 

  1. Exchange and Refunds

 

16.1 Subject to clause 7.4 above, refunds are issued at the discretion of the Event Organiser.

16.2 In the event of refund confirmation by Outix the procedure set out in clause 15.4 above will be followed.

 

  1. Additional provisions

 

17.1 If at any time any provision of these Terms should be declared void, the remainder of the Terms and will remain in full force and effect.

17.2 You should address any complaints concerning the services rendered by Outix in writing to Outix's customer service at info@outix.com.au, which will handle the complaint within a reasonable term, in any case not exceeding four weeks of the date of the complaint was received.

17.3 Outix reserves the right to update these terms and conditions as necessary from time to time without notice.