GIG GAGE | General Terms and Conditions

1. Definitions

Gig: The prospective show to be performed by artists in the event of a successful Gig Gage.
Gig Bond(s): The Gig Bond conveying the entitlements to You as described in clause 3 of these General Terms and Conditions.
Gig Gage: The live meter displaying the number of Gig Bonds that have been purchased for a Gig. If the Gig Gage meter hits the number set by the Promoter, the Gig becomes a Scheduled Gig.
Gig Gage Period: The period set (if any) during which Gig Bonds are available for purchase for a Gig.
Merchandise: Merchandise of a Performer for a Gig.
Privacy Policy: Gig Gage’s privacy policy contained on our Site.
Promoter: The representative or agent of the Performer.
Performer: The artist, performer, or band performing the Gig.
Scheduled Gig: A Gig that is booked as a result of a Successful Gig Gage.
Site: The Gig Gage website.
Successful Gig Gage: A Gig Gage threshold of Gig Bonds sold being met, resulting in a Scheduled Gig.
Our, Us, or We: Leigh Chalmers t/a Gig Gage (ABN 93 563 083 871).
Ticket: A ticket to a Scheduled Gig, issued by the Ticket Merchant.
Ticket Merchant: The entity responsible for the sale, supply, and distribution of Tickets on behalf of Promoters for Scheduled Gigs.
Unsuccessful Gig Gage: A Gig Gage threshold of Gig Bonds sold not being met, resulting in a Scheduled Gig not occurring.
You: The person or entity purchasing this Gig Bond.

2. General

2.1. Unless otherwise specified in these General Terms and Conditions, any claim or dispute in connection with a Gig Bond or a Scheduled Gig is between You and the Promoter.
2.2. We are not liable for any claims relating to a Scheduled Gig or Ticket, except as otherwise set out in these General Terms and Conditions.
2.3. Except to the extent required by local laws, We otherwise have no liability to You.
2.4. The Promoter reserves the right to add, withdraw, reschedule, substitute, cancel, or otherwise alter performers, entertainment and/or activities, and/or vary programmes, prices, venues, times, seating arrangements (including ticket categories), and audience capacity as advertised, without prior notice to You.

3. Gig Bonds

3.1. By purchasing a Gig Bond through Us, You acknowledge that You understand You are purchasing a Gig Bond subject to these General Terms and Conditions, and the Ticket Merchant’s and the Promoter’s terms and conditions in the event of a Successful Gig Gage.
3.2. We act as agent for the Promoter in the sale of Gig Bonds.
3.3. When You purchase a Gig Bond, the Gig Gage increases by one (1).
3.4. In the event of a Successful Gig Gage, your Gig Bond will convert to a Ticket to the Scheduled Gig linked to that Gig Bond.
3.5. Once your Gig Bond converts to a Ticket, the Ticket Merchant and the Promoter will be responsible for the Scheduled Gig going ahead.
3.6. You acknowledge that We are not liable or responsible for any loss or damage that may be caused to You in relation to the Scheduled Gig once a Gig Bond converts to a Ticket including but not limited to the actual performance of the Scheduled Gig.
3.7. In the event of an Unsuccessful Gig Gage, you will be entitled to the following:
3.7.1. A full refund in accordance with clause 7 of these General Terms and Conditions; or
3.7.2. Merchandise of the Performer of commensurate value to the Gig Bond purchased (subject to availability).

4. Conditions of Sale

4.1. All Gig Bonds sold by Us are inclusive of local taxes (GST/VAT) unless otherwise specified.
4.2. Gig Bonds may only be purchased from Us.
4.3. The method of Gig Bond sales for each Scheduled Gig is determined by Us.
4.4. The online sale of Gig Bonds will cease upon the earlier of:
4.4.1. The Gig Gage threshold being met; or
4.4.2. The Gig Gage threshold not being met within the Gig Gage Period.
4.5. We reserve the right, at Our absolute discretion, not to sell Gig Bonds to any person, agent, or company.
4.6. Gig Bonds may not, without the prior written consent of Us and the Promoter be:
4.6.1. Resold or offered for resale at a premium over the face value of the Gig Bond (including but not limited to via online auction sites or other unauthorised resale sites);
4.6.2. Used for advertising, promotions, or other commercial purposes (including competitions and trade promotions); or
4.6.3. Used to enhance the demand for other goods or services either by the original purchase or any subsequent Gig Bond holder.
4.7. If a Gig Bond is sold or used in breach of clause 4.6, the Gig Bond may be cancelled without a refund, and the Ticket holder may be refused admission to the Scheduled Gig without prior notice.
4.8. The resale of Gig Bonds (scalping) may attract criminal penalties.
4.9. Every Gig Bond sold by Us is also subject to the following:
4.9.1. The terms and conditions of the venue at which the Gig is held (please refer to the venue’s website); and
4.9.2. Any terms and conditions that may be printed on the Ticket.

5. Limitations on the Number of Gig Bonds Purchased

5.1. Purchasing of Gig Bonds may be limited to a specified number of Gig Bonds for each purchaser for Scheduled Gigs to prevent Gig Bond and Ticket scalping at Our discretion.
5.2. If You exceed the stated Gig Bond limit, you may have any or all of your orders and Gig Bonds cancelled without notice by Us at Our discretion, including but not limited to orders associated with the same name, email address, billing address, credit card number, or other information.

6. Conditions of Entry

6.1. Admission to a Scheduled Gig is at the Promoter and/or venue’s discretion.

7. Refunds & Exchanges

7.1. We will only refund Gig Bonds in accordance with these General Terms and Conditions.
7.2. At all times, your entitlement to a refund is at Our discretion.
7.3. If a Scheduled Gig is cancelled, rescheduled, or significantly relocated by the Promoter, all liability in respect of refunds and exchanges lies with the Promoter and not with Us.
7.4. Neither We nor the Promoter will be liable for any other losses incurred by You as a result of the cancellation, rescheduling, or relocation of a Scheduled Gig, including but not limited to, any travel and accommodation expenses incurred by You.
7.5. You may wish to purchase insurance to cover any of your expenses other than the cost of the Gig Bond or Ticket(s). If purchasing insurance, You should download and read the insurance provider’s Product Disclosure Statement to determine whether the insurance product is appropriate for You.
7.6. In the event that the date, time, or venue of a Scheduled Gig is rescheduled or changed, your Gig Bond will remain valid for the rescheduled date, time, and venue.
7.7. If We elect to issue You with a refund, We will refund to You the Gig Bond price (but excluding the $0.30 administration fee and 1.7% (subject to change from time to time) surcharge on the price of the Gig Bond).
7.8. Any booking, delivery, and/or postage fees and any processing surcharge charged by Us is separate from a refund price and is not subject to a refund.
7.9. When a refund is issued, the sum refunded will not necessarily include booking, delivery, and/or postage fees and any processing surcharge charged by Us to process the refund and pay the refund to You.
7.10. The refund of booking, delivery, and/or postage fees and any processing surcharge charged is at Our and the Promoter’s absolute discretion.
7.11. We will not offer a refund or exchange as a result of a change in your personal circumstances.
7.12. We may require proof of purchase for any refund or exchange.
7.13. All refunds payable by Us can only be made to the credit card (whether temporary or otherwise) used in the original transaction to purchase the Ticket(s).
7.14. We will not replace lost, stolen, or destroyed Gig Bonds, except in limited circumstances, at Our discretion.
7.15. We will not exchange or substitute Gig Bonds for different Scheduled Gigs after purchase, except in limited circumstances, at Our absolute discretion.
7.16. We may charge a reasonable fee for the replacement of Gig Bonds.
7.17. You acknowledge that it is Your responsibility to check the Site and website of the Promoter and/or venue for information in relation to any Scheduled Gigs, which may include information about cancelled or rescheduled Scheduled Gigs.

8. Variation to General Terms and Conditions

8.1. We may vary these General Terms and Conditions at any time without prior notice to You, effective immediately upon being published on this Site.
8.2. The terms and conditions that apply to any particular transaction will be the published General Terms and Conditions on this Site, as they appear at the time the transaction is finalised.
8.3. Variations to these General Terms and Conditions will only apply to Gig Bond purchases made after these General Terms and Conditions have been updated.

9. Failure to Attend / Failure to Collect / Delivery Fulfilment

9.1.1. Gig Bonds will be made available to You by emailing the Gig Bonds to You.
9.1.2. Contact Us immediately if You have not received the Gig Bond(s) within 48 hours from purchasing.
9.2. You will not be entitled to a refund of the Gig Bond price if You fail to attend a Scheduled Gig or You fail to attend with a valid Ticket.

10. Collection and Delivery of Gig Bonds

10.1. We reserve the right to limit the method of delivery of Gig Bonds to a sole method of delivery. We may increase the methods of delivery of Gig Bonds offered from time to time.
10.2. You must allow adequate time for collection or delivery of Gig Bonds.
10.3. Methods of collection and/or delivery will be available when choosing your collection/delivery details during the purchasing process. It is your responsibility to determine whether Ticket(s) purchased by You will be received by You prior to the date of the Scheduled Gig.
10.4. In the interests of minimising Gig Bond and Ticket scalping, We reserve the right to change your delivery method to venue collect at Our discretion.
10.5. At this time, We offer only electronic delivery of Gig Bonds.

11. Enquiries and Complaints

11.1. For enquiries or complaints in relation to the sale or delivery of Gig Bonds, contact Us by email at info@gig-gage.com.
11.2. For enquiries or complaints in relation to staff and/or amenities at a venue or Scheduled Gig, contact venue management directly.
11.3. For enquiries in relation to a Performer’s sound, lighting, or production quality, contact the Promoter directly.

12. Data Security

12.1. In processing your order, We will collect your credit card details and personal information in accordance with Our Privacy Policy.
12.2. We will take reasonable precautions to protect your personal information; however, We do not warrant or guarantee the safety of your personal information in the event that your personal information is obtained by third parties through theft, cybercrime, or cyberattack of Our systems.

13. Disclaimer and Liability

13.1. We bear no liability to You for any Site or system outages.
13.2. Save and except for where provided under local consumer law (including without limitation in respect of any consumer guarantee) or any other applicable law under which liability cannot be excluded or limited, We are not liable to You for any indirect, consequential, exemplary, incidental, special, or punitive damages, or for lost profits, revenue, or business opportunities.
13.3. Clause 13.2 applies even in the event where We have been advised of the possibility of such damages.
13.4. The Site and its content are delivered on an as-is and as-available basis.
13.5. We do not promise that the Site will be error-free, uninterrupted, or that it will provide specific results from use of the Site or any content, search, or link on it.
13.6. We do not warrant that files You download from the Site will be free of viruses or contamination or destructive features.
13.7. We disclaim all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose.
13.8. We will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, punitive, and consequential damages.
13.9. We make no guarantees of any specific result from use of the Site or use of its service.
13.10. We disclaim any and all liability for the acts, omissions, and conduct of any third-party users, Gig Gage users, advertisers, and/or sponsors on the Site, in connection with a Gig Gage service, or otherwise related to your use of the Site and/or Gig Gage service.
13.11. We are not responsible for the products, services, actions, or failure to act of any Promoter, venue, Performer, or other third party in connection with or referenced on the Site.

14. Indemnity

14.1. You agree to indemnify and hold Us and our affiliates, and each of Us and our affiliates’ respective officers, agents, employees, contractors, and principals, indemnified from any loss, liability, claim, or demand, including but not limited to legal fees, by You or any third party arising from the use of the Site, including but not limited to losses arising as a result of the purchase of goods or services from the Site, and your use of the Site to provide a link to another site or to upload content or other information to the Site.

15. Links and Search Results

15.1. The Site may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. We have no control over these sites or their content. We cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive.
15.2. We do not endorse the content of any third-party site, nor warrant that they will not contain viruses or otherwise impact your computer.
15.3. You agree and understand that You may not make any claim against Us for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.

16. Offline Conduct

16.1. We prohibit You from using any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Site user without their prior explicit consent.
16.2. We are not responsible for any user’s offline conduct.
16.3. Your failure to comply with clause 16.1 may result in termination of your access to the Site.

17. Commercial Use

17.1. No bulletin board, chat, or other areas of the Site may be used by our visitors for any commercial purposes, including but not limited to sales of Gig Bonds, Merchandise, or services of any kind, whether by advertising, solicitations, links, or any other form of communication.
17.2. You must obtain the prior written consent of Us to make commercial offers of any kind on the Site.
17.3. Without limiting the foregoing, You may not use the Site to resell or link to other sites for the purpose of selling Gig Bonds of any kind.
17.4. We reserve the right to block access to this Site or any of our other services, or cancel a Gig Bond order or Gig Bond with respect to any person believed to be, or believed to be acting in concert with any person who is believed to be, violating the law or these General Terms and Conditions, Gig Gage rights, or utilising automated means to process or place Gig Bond orders, or who has ordered a number of Gig Bonds that exceeds the stated limit.

18. Permitted Use

18.1. You agree that You are only authorised to visit, view, and to retain a copy of pages of this Site for your own personal use, and that You shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any purpose other than to review Gigs and promotional information, for personal use, or to purchase Gig Bonds or Merchandise from Us, unless otherwise specifically authorised by Us to do so.

19. Violation of these General Terms and Conditions

19.1. Violations of these General Terms and Conditions may be investigated and appropriate legal action may be taken, including but not limited to criminal and/or civil actions (such as injunctive relief).
19.2. If We believe that your conduct or the conduct of any person with whom We believe You act in concert, or the User Content You provide, or any resale of such Gig Bonds purchased through Us, violates or is inconsistent with these General Terms and Conditions or the law, or violates the rights of Us, a client of Us, or another user of the Site, We may, at Our sole discretion, and without prior notice to You:
19.2.1. Terminate your access to the Site;
19.2.2. Cancel your Gig Bond order or Gig Bonds acquired through your Gig Bond order;
19.2.3. Cancel your Gig Bond postings;
19.2.4. Remove any unauthorised User Content;
19.2.5. Exercise any other remedy available.

20. Privacy

20.1. We are not responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party.
20.2. Any User Content on the Site, by electronic mail or otherwise, will be deemed to be non-confidential and non-proprietary to You.
20.3. User Content on the Site shall not be subject to the Privacy Policy and may be publicly displayed, disclosed, and otherwise used by Us or any third party in any way.
20.4. By posting User Content to the Site, You authorise Us to use or allow others to distribute, reproduce, or otherwise use such User Content.
20.5. You should not post information about yourself on the Site that can be used to identify or contact You, including, but not limited to, your name, home or work address, phone numbers, email address, bank details, or other such information (personal information).
20.6. By posting personal information on the Site, You violate these General Terms and Conditions, and You assume all risk and sole liability for the results of such posting.
20.7. We are not liable for any lost data resulting from the operation of the Site.
20.8. If You have purchased Gig Bonds through Us, any user-specific data will be retained in order to deliver and track your order. Should You wish to request deletion of any user-sensitive data, You can email info@gig-gage.com from the account You wish to delete. Following your request, all user data associated with your purchase and profile will be de-identified and removed from our system permanently.

21. Governing Law

21.1. These General Terms and Conditions shall be governed by the laws in the relevant State of Australia in which the Scheduled Gig is based.