Terms and conditions - Event Listing

 
1.         Preliminary
By using the Event Services you, the Promoter, agree to these Event Listing Terms and Conditions. By accessing the Website you also agree to the Consumer Terms.
 
Pulse may change any applicable terms and conditions from time to time by updating the relevant pages on the Website, and your continued use of the Website means you have agreed to these amended terms and conditions. You should check this page from time to time to ensure that you are happy with any changes. These terms and conditions are effective from December 2nd, 2015.
The Event Services available on the Website are self-service to allow Promoters to list details of Events and to offer tickets for sale to customers for listed Events, and to authorise Event Reps to promote an Event. The Promoter is strictly bound by these terms and conditions in respect of its use of the Event Services.
 
2. Promoter Obligations
Appointment of Pulse as Agent
The Promoter appoints Pulse its agent in respect of any Event tickets offered for sale on the Website. The Promoter acknowledges Pulse will add to the Ticket Price the Booking Fee Amount, and such amount is not in any way claimable by the Promoter.
 
Accuracy of Event and Ticket Listing Details and Changes
The Promoter is solely responsible for all details of any Event listed and any tickets offered for sale for the Event.
 
If the details of a listed Event are changed after listing, it is the Promoter’s obligation to determine whether the change must be notified to consumers who have purchased tickets prior to such change or to any Event Reps who have been authorised to [sub-promote] an Event, and if so determined the Promoter must advise Pulse in writing of the requirement to communicate the changes to the consumers and Event Reps.
 
Event terms and conditions
The Promoter must make available for all consumers the terms and conditions for an Event.
 
Refund Policy - All Event terms and conditions must include the terms and conditions governing refunds of the Ticket Price (refunds of the Booking Fee Amount are governed by the Consumer Terms), and refunds must be available for an Event that is cancelled or delayed, or where there is a material change to the Event (including changes of venue or to the previously advertised Event line-up). The Promoter must also give due consideration to refund requests received within the timeframe stipulated in the Consumer Terms.
 
Door Policy - All Event terms and conditions must include the terms and conditions governing the entry to an event by a Ticket Purchaser.
 
Event changes
The Promoter must give Pulse notice in writing immediately on the occurrence of a change to an Event, and, if requested by Pulse, the Promoter must provide written confirmation of completion of the Event as advertised in the Event Listing (subject to any changes notified in writing to all Ticket Purchasers).
 
Rights to Events and Intellectual Property
The Promoter represents and warrants in respect of any Event listed that it has full rights:
(i)              to create the event listing, and that it has full rights to offer for sale any tickets listed for sale for the Event;
(ii)            that all tickets offered for sale are capable of being honoured in all respects to the Ticket Purchaser using the Website;
(iii)           in respect of all Intellectual Property whether registrable or otherwise that is used in connection with the listing and promotion of the Event on the Website;
(iv)           to appoint any Event Reps if the Promoter elects to do so.
 
3. Appointment of Event Reps
Payments to Event Reps
If you appoint any Event Reps for an Event using the Event Services you authorise Pulse to retain from the Ticket Price the Event Rep Commission, and you acknowledge that payments to Event Reps by Pulse are governed by the Event Rep Terms.
 
No commission rate decreases
You cannot decrease the commission rate applicable to an Event Rep after the Event Rep has been appointed.
 
4. Payments to Promoters
Promoter Payout - Amount due to Promoter for Event ticket sales
Pulse will pay to the Event Promoter the aggregate of the Ticket Prices on purchased tickets,  less applicable Event Rep Commission, net of all refunds given and chargebacks incurred.
 
Time and Details for Payment and refunds or chargebacks
Payment will be made to the account nominated by the Promoter. The details of the nominated account are maintained with the Promoter’s registration details, and can be changed by the Promoter.
 
Payment will be made within three Business Days after the Event date, provided the Promoter has provided Pulse any requested Event confirmation details, and provided Pulse has no other knowledge or advice of a change to the Event that is likely to result in valid refund requests or chargebacks. If there are likely to refund or chargeback requests Pulse may withhold from the Promoter Payout sufficient proceeds to cover this contingency until the end of the valid refund request period as set out in the Consumer Terms. Pulse will remit the proceeds after adjustment for such post Event claims within three Business Days of the end of the refund period.
 
If a chargeback is subsequently applied against Pulse merchant account the Promoter is liable to Pulse for such amount. Pulse will invoice the Promoter for such amounts and the Promoter must pay the invoice within 5 Business Days.
 
Any dispute between refunds claimed or chargebacks applied in respect of a Ticket Sale is between the Promoter and the Ticket Purchaser.
 
5. Pulse Obligations
Changes to Event Details
If details of an Event are changed Pulse will provide contact details supplied by Event Ticket Purchasers and relevant Event Reps for the Promoter to comply with its notice obligations.
 
Refunds and Chargebacks
Pulse will provide to the Event Promoter all refund requests received in accordance with the Consumer Terms from Ticket Purchasers, and all details of chargebacks applied against Pulse’ merchant account facility.
 
Pulse will refund any Ticket Purchaser if Pulse is responsible for an error delivering to the Ticket Purchaser the required ticketing information.
 
Pulse rights to remove Events
Pulse reserves the right to determine whether an Event can be listed on the Website, and the right to remove details of any Event it deems not suitable or appropriate for listing, and the right to block access to the Website by any Promoter listing such an Event.
 
6. General
Service Provision
Pulse uses its reasonable endeavours to ensure the Event Services are available at all times and function in accordance with the descriptions provided on the Website from time to time. We do not warrant or represent the results of these endeavours, as both third party dependencies (including without limitation the availability of internet delivered services generally) and other force majeure events may impinge on availability. (Force majeure events include acts of war or terror, riots, declaration of embargo or labour strike actions, illegal interference with the Website, casualties or accidents, or any other causes, circumstances or contingencies beyond our control which prevent or hinder the Event Services or availability of the Website or its functions).
 
The Event Services are provided on an “as is” basis, and we make now warranty of any kind, express or implied regarding accuracy, quality, suitability of the Event Services.
 
Liability and warranty exclusion
Neither Pulse or any of its employees, Directors, agents or other representatives will bear any liability for any loss or damage (including damages of any kind, including without limitation direct, indirect, loss of profit or loss of revenue, compensatory or consequential damage, loss of property whether to the user or a third party) arising out of or in connection with the use of the Event Services or the Website, whether arising from negligence, breach of contract, statutory duty or otherwise.
Pulse has no responsibility for any consequences resulting from interception or other data theft or modification in respect of any data transmitted in connection with provision of the Event Services or operation of the Website, whether arising out of negligence or otherwise.
 
If the limitation of liability above is subject to any limit then the claim by a party is limited to the aggregate of the Booking Fee Amounts paid by Pulse to the party over the twelve months preceding the claim, less direct costs incurred (such as payment processing and merchant charges).
 
Nothing in the preceding limitation clauses is intended to limit the operation of any applicable statute where it would be illegal to do so or where it would void any provision of these terms and conditions.
 
Indemnity
The Promoter undertakes to keep Pulse indemnified at all times against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements on a solicitor own client basis) sustained, suffered, incurred or paid by Pulse directly or indirectly as a result of use of the Event Services.
 
Waiver
If Pulse fails to enforce at any time any provision of these terms and conditions such failure shall not be construed as a waiver of rights by Pulse nor in any way affect the validity of the whole or any part of these terms and conditions, nor limit in an way the right to take action.
 
Severability
If any provision or any part of a provision is found to be illegal, void or unenforceable in any applicable jurisdiction then such finding will have no impact on the remaining provisions or parts of the provisions of these terms and conditions or in any other jurisdiction.
 
Assignment
The Promoter may not assign its rights or benefits arising under these terms and conditions to any third party unless agreed in writing by Pulse.
 
Notice
Any notice required to be given under these terms and conditions can be delivered by email to the other party. In the case of Pulse such email must be addressed to notices@pulseradio.net and the subject line must include the Event ID provided for the Event listing provided by the Website. In the case of the Promoter Pulse will address email to the email address provided in the Promoter’s registration details maintained via the Website.
 
Governing Law and dispute resolution
These terms and conditions and any disputes arising in connection with our site are to be governed by the laws of New South Wales.
 
Any disputes arising under these terms and conditions shall be settled by binding mediation subject to the rules of The Institute of Arbitrators & Mediators Australia or the ACICA Mediation Rules.
 
Entire Agreement
These terms and conditions represent the entire agreement between the parties and no other agreement, whether in writing or otherwise, shall have any effect. The Promoter warrants that it relies solely on these terms and conditions and not on any other representation, claim or material in respect of its rights when using the Event Services.
 
 
7. Certain Defined Terms
 
Booking Fee Amount means 10% of the Ticket Price, and this amount includes the amount retained by Pulse for charges incurred for payment process and merchant services as well as Pulse own fees inclusive of any applicable taxes.
 
Consumer Terms means the general terms and conditions governing use of the Website by all parties, including the terms relating to purchases of tickets by consumers, found at [url].
 
Event Rep means a party who is duly authorised by the Promoter as part of the Event Listing process to generate sales of tickets for an Event using the Website.
 
Event Rep Commission means the amount earned by Event Rep on the sale of any ticket to an Event where the Event Rep is credited for the purchase by the Ticket Purchaser using the Event Services, and the amount is calculated by multiplying the Ticket Price by the commission rate specific to the Event Rep for the Event set out in the Event listing details.
 
Event Rep Terms means these terms and conditions governing the use of the relevant component of the Event Services by Event Reps.
 
Event Services means the functionality provided via the Website enabling the listing of details of events, and if determined by the Promoter, offering tickets for sale via the Website, and the appointment of Event Reps.
 
Promoter means any party listing an Event on the Website.
 
Pulse means Pulse Radio Pty Limited (ACN 103 535 495).
 
Ticket Price means the price of any ticket offered for sale for an Event, inclusive of applicable taxes, and represents the amount the Promoter will receive from the Ticket List Price paid by a Ticket Purchaser.
 
Ticket List Price means the Ticket Price plus the Booking Fee Amount.
 
Ticket Purchaser means a consumer who purchases a ticket to Event using the Website.
 
Website means the website operated by Pulse Radio Pty Limited (ACN 103 535 495) located at www.pulseradion.net or www.wearpulse.com or any successor domain name.