By engaging Quicket's services, you agree to these Terms of Use.
The words “include”, “including” and “in particular” are by way of example only and shall not limit the generality of any preceding words.
Organiser Data Protection Undertaking
By engaging our services, you agree and undertake to comply with all applicable laws, including data protection laws, and to adhere to our Privacy Policy, which outlines the principles and practices we follow to protect personal data. This means you must:
1. Ensure Legal Compliance: Abide by all relevant regulations and legal obligations in your jurisdiction, including those related to consumer protection, electronic communications, and data privacy.
2. Data Protection: Handle all personal data obtained through our platform in accordance with applicable data protection laws and our Privacy Policy. This includes obtaining necessary consents, ensuring data accuracy, and implementing appropriate security measures to protect personal data from unauthorised access, disclosure, or breach.
3. Adherence to Privacy Policy: Further to the above, familiarise yourself with and follow the provisions set out in our Privacy Policy. This policy details how we collect, use, store, and protect personal data, and outlines the rights of data subjects and our responsibilities as a data controller and processor.
4. Cooperation with Quicket: Assist Quicket in ensuring compliance with applicable data protection laws, including cooperating with us in the event of a data breach or investigation by a supervisory authority.
5. Transparency with Users: Clearly communicate your data processing practices to users, including how their personal data will be used, shared, and protected. Obtain express consent from users where required and respect their rights to access, correct, delete, or restrict the processing of their personal data.
6. Security Measures: Implement and maintain appropriate technical and organisational measures to safeguard personal data against unauthorised or unlawful processing, accidental loss, destruction, or damage.
We require that all third parties and event organisers we engage have sufficient data protection policies in place.
If you fail to comply with the obligations set out in this document, we may suspend or terminate your access to our platform and services, and you will be held liable, to the fullest extent permitted in law, for any damages, cost, expense, liability or loss suffered or incurred by Quicket or any user, of whatever nature and howsoever arising, in connection with such failure, including failure causing any data breach, loss of personal data, and/or penalties or fines incurred as a result.
By posting a listing on the platform, you warrant that (i) you are duly authorised to promote the relevant event, (ii) you are not infringing any intellectual property, or other rights, and (iii) you are acting legally and in accordance with all applicable laws. You will pay us for any loss we suffer because of any of these warranties being incorrect.
If an event is inappropriate for younger attendees, you must ensure that your listing includes an appropriate age description.
We aren’t obliged to review or decline listings or turn off ticket sales for a listing, but we may do so, in our sole discretion, at any time and for any reason whatsoever including where:
The listing appears to relate to an illegitimate purpose;
An event organiser has provided insufficient information about the event;
The event violates our Website Terms and Community Guidelines and/or Privacy Policy and/or
The event venue is over-booked or unavailable. You may not under any circumstances over-sell any tickets for an event, in excess of the relevant venue capacity, and you are responsible for ensuring the event and the event venue is available on the designated date/s.
You authorise us to (i) collect, hold, disburse and retain proceeds on your behalf; (ii) where we determine a consumer is entitled to a refund, to issue the refund; and (iii) in the case of events, to enable consumers to transfer or upgrade event tickets (if you have enabled this function). In accepting the appointment as your limited agent, we assume no liability for any act or omission on your part.
Our Booking Fee is always non-refundable (even if a consumer receives a refund).
In the case of events, 3 business days after the end of the event.
We don’t have to pay you until we have received payment in full from a consumer.
Where transaction proceeds are collected from a third party ticket vendor, we may withhold payment of funds to you until the vendor has settled any amounts owing to us.
If you or your third party payment provider collects proceeds from consumers directly, you must pay us our fee within 3 business days of the end of the event.
If we suspect any transaction to be potentially fraudulent or potentially part of a phishing attack, we may, in our sole discretion, cancel and fully refund such transaction to the relevant cardholder.
You grant us the right to (i) decide, in our reasonable discretion, if a consumer should be refunded, and (ii) where we believe a consumer should be refunded, to refund the consumer on your behalf, where we hold proceeds. You have no right to demand that we pay you any amount which we have refunded to a customer (unless we have acted with gross negligence or wilful misconduct).
You must refund all consumers where an event is cancelled.
If an event is cancelled, or where we believe there is a risk of cancellation or non-performance, and we have facilitated the transaction via one of Quicket’s payment processing partners, we will initiate a refund to the relevant consumers of the transaction value (less our fee).
Where you have selected an integrated third party payment method for your event, we have no control over the funds. In these instances, you must ensure the cooperation of the relevant provider in processing refunds to consumers, regardless of whether the refunds are processed by us or by you.
If, for any reason, we have already paid the ticket proceeds to you (or the relevant beneficiary), you are responsible for processing consumer refunds.
You must reimburse us for any loss suffered or incurred by us due to a charge-back or refund claim being made against Quicket in connection with your event. We are entitled to set-off the amount against any future payment due to you.
You will pay us for any losses (including reputational losses) which we suffer because of your failure to comply with any legal obligations to a consumer.
If you need us to courier the equipment to you, we can do so, at an extra cost.
You must repair or replace damaged, lost or stolen equipment.
We can withhold payment to you until our equipment has been returned in good working order and condition.
We track promoter transactions using a cookie which is stored on a consumer’s browser for 30 days from the time it is set, in accordance with data protection laws and our Privacy Policy. Any transaction concluded outside this period is not considered to be linked to the promoter, and the promoter will not receive commission for that ticket sale.
We will endeavour to make commission payments to promoters within 3 business days after the relevant event has finished . We will deduct the total amount paid to promoters from the final balance owed to the organiser. Where you hold ticket proceeds, and not us, you must pay the commission directly to the promoter. You will pay us for any loss we suffer as a result of your failure to pay commission to any promoter.
We may remove anyone from a promoter network (in which case they will forfeit any commission) if we suspect any of the following:
• Cheating
• Spamming (of any sort)
• Unfair, or illegal, sales practices
• Attempts to trick, evade, game, or adversely manipulate the platform
A payment processed by us on your behalf is considered the same as a payment made by a consumer directly to you. You have the same responsibility to deliver the goods/services that you have listed on the platform as if you had received payment from the consumer directly (regardless of whether the funds have yet to be or are ever received from Quicket).
We will always request consumers to deal with organisers directly. If you do not adequately deal with a consumer complaint, and the consumer continues to approach us for relief, we will take legal advice, and will take whatever action we believe is reasonable to resolve the complaint. We take consumer protection very seriously, and you must respect this.
You will pay us for any loss we suffer because you failed to comply with your responsibilities to a consumer, or otherwise failed to adequately deal with a consumer complaint.
For physical events, you are solely responsible for the health and safety of all employees, service providers, ticket holders, suppliers, performers, vendors and other attendees. You must not organise or host an event unless you have appropriate insurance, including public liability insurance. If any injury, damage or loss is suffered by any person at your event, we may require you to issue a public statement confirming that Quicket is not affiliated with your event.
You (including your employees, contractors, representatives, agents, directors, and shareholders) hereby indemnify and hold Quicket harmless from and against any loss (including reputational loss), cost, expense, damages, liabilities, injury and/or death, to the fullest extent permitted in law, of whatever nature and howsoever arising in connection with or in any way attributable to: ticket purchases, uses, refunds and/or cancellations and/or the attendance (or non-attendance) of your event (including where your event exceeds venue capacity or where the venue or event is unavailable on the designated date/s), the cancellation / postponement of your event (unless expressly provided otherwise in these written terms), your breach of these terms and/or any act or omission on your part ("Loss").
To the extent that we have suffered or incurred such Loss, you will reimburse us fully on request for such Loss. If you fail to do so within 5 business days of such request, we may set-off such Loss against any future payment due to you.
It is important that consumers get the best possible event experience. Curtailing that experience reflects poorly on the organiser, but also on Quicket. An event will be considered “curtailed” in any of the following circumstances:
If an event starts more than half an hour outside of the listed time
If any of the performers, speakers, or other key individuals are not present during the event
In the case of virtual events, if the broadcast or pre-recorded video is delayed or interrupted for a period of 30 minutes or longer, or the video content is lower than a 720p bitrate
Send out an SMS to ticket holders notifying them of the curtailment, the cost of which will be for the organiser’s account
Display notice of the curtailment on the platform
Offer a refund to ticket holders on your behalf
“Force Majeure” means, in relation to Quicket, any circumstances beyond the reasonable control of Quicket including (without limitation) any acts of war or public enemy, civil commotion or strife, political or civil disturbance, riot, insurrection, strikes, lock-out, interruption of transport, cyber-attacks, data breaches, labour dispute, boycott, fire, explosion, flood, storm, infectious or contagious disease, epidemic, pandemic or natural or physical disaster, sabotage, terrorism, acts or omissions of any government, government agency, provincial or local or similar authority, laws or regulations or any acts of God or forces of nature. Quicket shall not be liable a result of any delays or failures of performance of its obligations if and to the extent that such delay or failure is caused by a Force Majeure event.