If You are a User located in Australia and constitute a “Registrant and/or Consumer” under the Australian Consumer Law while using the Services, then the following changes to the Terms of Service apply to You:
- If Events.com breaches a consumer guarantee while providing its online ticketing service, You will be entitled to a refund or to any other remedy available to You under the Australian Consumer Law. However, You acknowledge that once You complete Your ticket purchase, Events.com has completed its Service. If for any reason outside the control of Events.com Your event is cancelled, such inaction does not necessarily leave Events.com in breach. Accordingly, Your remedies against Events.com may be impacted. although You may have a separate remedy available against the event organiser under the Australian Consumer Law.
- To the extent permitted by the Australian Consumer Law, Events.com hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Nothing herein is intended to remove Your rights to statutory guarantees provided by the Australian Consumer Laws to the extent such statutory guarantees are applicable.
- Events.com uses commercially reasonable efforts to ensure the Services are available without interruptions and transmissions are error-free. However, You acknowledge and understand that such error-free services cannot be guaranteed given the nature of the internet. Moreover, You acknowledge that Events.com may remove Services for planned repair or maintenance from time to time. Events.com will use commercially reasonable efforts to notify You prior to such repairs or maintenance.
- Events.com does not assume any warranty for the content, products, services, actions or inactions of any user or third party before, during and/or after an event. You acknowledge that Events.com has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any users’ (including Registrants’, other third parties and Event Organizers’) content or listings, or the ability of any user (including Registrants and Event Organizers) to perform or complete a transaction. Further, Events.com is not necessarily affiliated with, has no agency, or employment relationship with, any third party service provider used by users in conjunction with the Services, and as such, Events.com does not obtain any responsibility for the acts or omissions of any such third parties. However, if You believe there has been any misconduct in connection with the Services, please contact firstname.lastname@example.org.
“The foregoing disclaimers shall not apply to the extent prohibited by laws applicable to You, including the Australian Consumer Law, and nothing herein is intended to remove Your rights under the Australian Consumer Law, if any. To the extent that Events.com is required to make certain statutory guarantees under the Australian Consumer Law and is entitled to limit the remedies available to You for breach of such guarantees, Events.com expressly limits its liability for breach of such non-excludable statutory guarantees to the following remedies:
- supplying the affected services again; or
- paying the cost of supplying the services again.”