Moshtix Terms & Conditions
MOSHTIX TERMS & CONDITIONS
Last updated: December 2023
Our mission is to make your browsing and purchasing experience easy, fast and fair, so you can get your tickets, non-ticket items, or make registrations as quickly and as fast as possible.
Moshtix Pty Ltd incorporating Moshtix.com and Moshtix.com.au, and Ticketmaster NZ Ltd incorporating Moshtix.co.nz (collectively "Moshtix") operates the Moshtix booking systems and web pages ("Moshtix platform") for events created by third party event organisers ("Event Organisers") in Australia and New Zealand. When you purchase a ticket for an event that is located in New Zealand, then Ticketmaster NZ Ltd (trading as 'Moshtix') will be handling the transaction. When you purchase a ticket for an event that is located in Australia, then Moshtix Pty Ltd will be handling the transaction.
Moshtix provides the Moshtix platform and associated software to Event Organisers so that they may list event details, set ticket inventory, sell tickets, take registrations, manage customer lists and communications and manage other event functions, using the Moshtix platform. Moshtix provides access to certain parts of the Moshtix platform to the general public so that they may transact and interact with the Event Organiser.
Moshtix also sells non-ticket items, including but not limited to merchandise and gift vouchers on behalf of Moshtix, Event Organisers and third parties ("Non-Ticket Items") and facilitates the resale or return of tickets by ticket purchasers who no longer wish to attend an event subject to the applicable terms and conditions.
The following Terms and Conditions of Use and Purchase Policy ("these Terms") have been created to ensure you are happy with your purchase and that you fully understand the purchase process with the Event Organiser who uses the Moshtix platform, Moshtix powered partner websites and authorised Moshtix retail outlets to promote the Event Organiser's events, sell tickets, sell Non-Ticket Items, make registrations and bookings.
1. General
a) By using or visiting Moshtix platform, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Moshtix platform.
b) By agreeing to these Terms, you are also agreeing to the Terms of Moshtix Privacy Policy. To read the Privacy Policy click here - https://www.Moshtix.com.au/v2/faq/faq-privacy-policy
c) Moshtix reserves the right to change these Terms at any time, effective immediately upon posting on the Moshtix platform. Any changes to these Terms will only apply to purchases made after these Terms have been updated. To ensure you are aware of the latest and Terms, please check this page of the Moshtix platform periodically which is available from every event page on the Moshtix platform. The latest date of issue will be posted at the top of this page.
2. Permitted Use of Moshtix platform
a) You agree that you are only authorised to visit, view and to retain a copy of pages of the Moshtix platform 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 an event and its promotional information, for personal use, or to purchase tickets (including resale tickets) for your personal use, unless otherwise specifically authorised by Moshtix to do so.
b) The content and software on this site is the property of Moshtix and is protected by Australian, New Zealand and international copyright laws. We post a legal notice and various credits on the Moshtix platform, which may not be amended or removed. You must not remove this notice or these credits, or any additional information contained along with the notices and credits.
3. Links and Search Results on Moshtix platform
a) The Moshtix platform may include links posted by the Event Organiser or automatically produce search results that reference or link to third party sites throughout the internet. To the extent permitted by law, where Moshtix has no control over these web sites or the content contained within them, Moshtix cannot and does not guarantee, represent or warrant that the content contained in third party websites is accurate, legal and/or inoffensive.
b) Moshtix does not endorse the content of any third-party site which Moshtix does not control, nor do we warrant that such third party site will not contain viruses or otherwise impact your computer in a harmful or damaging way. By using the Moshtix platform to search for or link to another site, you agree and understand that you may not make any claim against Moshtix for any damages or losses, whatsoever, resulting from your use of Moshtix platform to obtain search results from, or to link to, another site. If you have a problem with a link from the Moshtix platform, please notify us at help@tixsupport.com and we will investigate the problem you describe in your email and take actions that we deem are appropriate in our sole discretion (acting reasonably).
4. Your Moshtix Account
You are solely responsible for maintaining the security of your user name and password and for all activity that occurs on your account (other than activity that occurs through no fault of your own as a result of any act or omission by us). You shall not permit anyone other than you to use your account. If you become aware or suspect that anyone knows your username and/or password, you should promptly contact us.
You must not create or use multiple accounts with the purpose or intention of circumventing any of these Terms or concealing your identity or other personal details.
5. Unauthorised Use of the Moshtix platform
Illegal and/or unauthorised uses of Moshtix platform, whether for unauthorised ticket sales, unauthorised framing of or linking to the Moshtix platform will be investigated by Moshtix, and Moshtix may take appropriate legal action in respect of any such illegal and/or unauthorised uses of the Moshtix platform reasonably suspected by Moshtix.
You are prohibited from using any software, bots or other technology to circumvent the security, ticket limits or services on the Moshtix platform. There may also be legislation in the territory or state where your event is located which prohibits the use of any software that is used to circumvent the security measures of the Moshtix platform. The penalties for infringing this legislation can be significant and any such activity will be considered a breach of these Terms.
6. Violation of these Terms and Conditions
a) If you violate these Terms including if you post or provide User Content which violates these Terms or has violated the rights of Moshtix, any other User or the law, Moshtix may terminate your use of Moshtix platform, prevent you from making all future bookings using Moshtix platform, and/or take legal action against you. Where this occurs, Moshtix will provide you with reasonable prior written notice that this will be implemented, together with reasons for that action being taken. If you wish to dispute that decision of Moshtix, you have 5 days within Moshtix providing its notice to you to do so and Moshtix will act reasonably in considering your response.
b) If you materially violate these Terms (which includes any breach of clauses 5 and 7), in addition to paragraph 6(a), Moshtix may cancel your ticket orders in which case Moshtix will provide you with written notice of that cancellation together with reasons for that cancellation.
c) You agree that monetary damages may not provide a sufficient remedy to Moshtix for violations of these Terms and you consent to injunctive or other equitable relief for such violations.
d) Moshtix may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. This is in addition to any other uses permitted under our Privacy Policy.
e) Moshtix is not required to provide any refund to you if you are terminated as a user because you have violated these Terms, except as expressly set out in these Terms or otherwise required by law.
7. Moshtix Copyright & Defamation Policy
You may only submit content to Moshtix platform ("User Content") where you have the rights to do so. In particular, you:
a) may not use Moshtix platform to unlawfully transmit copyrighted material (including articles, images, stories and software) without a license, express consent, valid defence or fair use exemption to do so;
b) must ensure that the content you upload does not infringe the copyright or any other rights of third parties (such as privacy or publicity rights); and
c) must not upload any content to the Moshtix platform which is defamatory, obscene or otherwise infringes any law.
8. Disclaimers
a) Moshtix does not by these Terms (including by this clause 8) exclude any rights and remedies in respect of goods or services under the Australian Consumer Law (where your event is located in Australia) and the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (New Zealand) (where your event is located in New Zealand), or equivalent state or territory legislation which cannot be excluded, restricted or modified. However, Moshtix excludes all rights, remedies, conditions and warranties in respect of goods or services from your use of this site and Moshtix platform whether based in statute, common law or otherwise to the fullest extent permitted by law. To the fullest extent possible, the following paragraphs of this clause 8 will apply.
b) Moshtix does not promise that the Moshtix platform will be error-free, uninterrupted, nor that it will provide specific results from use of the Moshtix platform or any content, search or link on it.
c) the Moshtix platform and its content are delivered on an "as-is" and "as-available" basis.
d) Moshtix cannot ensure that files you download from the Moshtix platform will be free of viruses or contamination or destructive features although Moshtix will take steps consistent with industry practice to protect against this occurring.
e) Moshtix will not be liable for any damages of any kind arising from the use of Moshtix platform, including without limitation, direct, indirect, incidental, and punitive and consequential damages.
f) To the fullest extent permitted by law, Moshtix makes no guarantee of any specific result from use of the Moshtix platform or use of Moshtix service.
g) To the fullest extent permitted by law, Moshtix disclaims any and all liability for the acts, omissions and conduct of any third party users, Moshtix users, advertisers and/or sponsors on the Moshtix platform, in connection with Moshtix service or otherwise related to your use of the Moshtix platform and/or the Moshtix service. Moshtix 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 Moshtix platform.
h) Without limiting the other provisions of this clause 8, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Moshtix platform to Moshtix at help@tixsupport.com. Moshtix may investigate the claim and take appropriate action, in its sole discretion.
9. Age Restrictions and Proof of Identity
EVENTS MAY BE SUBJECT TO AGE RESTRICTIONS. IT IS YOUR RESPONSIBILITY TO CHECK THE EVENT PURCHASE PAGE FOR CONFIRMATION OF ANY AGE RESTRICTIONS AND REQUIREMENTS.
At the point of entry for an event, to obtain admission, you may be required for compliance with licensing regulations and/or under the event specific terms to present your ticket and a matching legal form of identification, (e.g. a current Australian driver's licence or State Approved 'Proof Of Age' card (where your event is located in Australia) or New Zealand driver's licence or 'Kiwi Access' card (where your event is located in New Zealand) or a valid Passport).
If the event is classified as an 18+ event: you will be required to present a legal form of photo ID (as described above) at the event entry.
If the event is classified as an under 18 event: you are not allowed to attend if you are over the age of 18 years. You will be required to provide valid photo ID (as described above) at the event entry to show that you are under 18 years of age.
If the event is classified as all ages: please note that the event may be unlicensed, or if it is licensed, you will be required to present a valid photo ID (as described above) to access licensed areas.
10. Exchanges, Refunds
Before purchasing tickets carefully review your event and ticket selection, no refunds or exchanges will be available on any purchase except as required by and/or specified by the Live Performance Australia Ticketing Code of Practice Consumer Code (where your event is located in Australia) or as otherwise required by law. Refunds for a change of mind or mistaken purchase by you are NOT guaranteed and are at the discretion of the promoter/venue/event organiser. Where, at the time of purchase, you elect to purchase a Secure Ticket, enhanced refund rights described in the Secure Ticket Terms and Conditions will also apply, subject to the requirements outlined in those terms. Secure Tickets may not be available for all events.
Some Event Organisers elect to use their own merchant facility for processing payments, rather than Moshtix's merchant facilities, so that payments are made directly to the Event Organiser and not received by Moshtix. Where this occurs you will be refunded any refunds provided to you in accordance with these Terms directly by the Event Organiser, and Moshtix will work with the Event Organiser to arrange this, but Moshtix will have no responsibility or liability for such refunds .
Unless required by the Australian Consumer Law in Australia or the Consumer Guarantees Act 1993 or Fair Trading Act 1986 in New Zealand, delivery fees are upfront charges for expenses incurred by Moshtix and will not be refundable for events where a ticket refund is payable.
Nothing in these Terms is intended to exclude, modify or limit the operation of the Australian Consumer Law (including the consumer guarantees contained therein) or Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (New Zealand) with respect to refunds.
11. Ticket Return
The Event Organiser may in its sole discretion instruct Moshtix to offer a Ticket Return facility which provides an option for ticketholders to request a conditional refund. The functionality, timing of availability, any fees payable and applicable terms and conditions in relation to the use of any such facility will be as determined by the Event Organiser and Moshtix and communicated prior to or at the time such facility becomes available.
Where you request a Ticket Return, we will add your ticket to the tickets we are listing for sale at the then current price for tickets of that type (which may be different to the price paid by you). If your returned ticket is purchased by another consumer, we will refund to you the price you paid for the ticket (excluding any transaction, delivery and optional ticket upgrade fees) less the Ticket Return service fee specified on the request page.
You may remove your ticket from Ticket Return at any time before the Ticket is sold.
Requesting a Ticket Return does not guarantee that a refund will be provided. If your returned ticket is not purchased by another consumer, you will retain your ticket and you will not receive a refund (except as provided in clause 10 above, or as otherwise required by law).
Once you receive the refund (less the Ticket Return service fee) you will have no further rights in respect of that ticket (unless required by applicable law).
12. Reissue
Event Organisers may require that you provide the name and other information for any guests who will use tickets purchased by you to attend an event. You may be able to change the name on a ticket (or tickets) purchased by you for certain events, for the purpose of allowing a guest to use a ticket that you have purchased. We refer to this as reissuing a ticket. The ability to reissue may be available for a nominated fee per ticket, however these services are at the discretion of the Event Organiser and may be subject to change. To check if reissue is available and the applicable fee for reissue, log into your Moshtix account after you have purchased the ticket(s). Should ticket reissues be available, they will conclude up to 48 hours prior to the door/gate opening time unless otherwise specified by the Event Organiser. The new attendee's name, email and date of birth may be required when reissuing a ticket. There will be a maximum of two (2) reissues permitted per ticket unless otherwise specified. When you reissue a ticket to a guest, you are responsible for arrangements with those guests to use the ticket you have purchased. When a ticket is reissued, the reissued ticket will have a new barcode. Accordingly, if you request a reissue more than once in respect of a ticket, all previously issued tickets (and associated barcodes) will be cancelled and only the most recently reissued ticket will be valid for entry. You must inform any person holding a cancelled ticket of that fact. It is a breach of these terms and may be a breach of law if you reissue a ticket to a person and then subsequently reissue the ticket to another person without notifying the first recipient.
The Agreement and the associated rights and obligations in respect of the ticket remains between Moshtix (on behalf of the Event Organiser) and you. If an event is cancelled or rescheduled, only the original purchaser of a ticket that is subsequently reissued will be entitled to any available refund. Moshtix will only deal with the original purchaser of a reissued ticket in respect of all matters relating to the ticket and the event for which it is issued. As the original purchaser of a ticket, it is your responsibility to keep all the recipients of your reissued ticket updated with any information Moshtix provides to you.
To the extent permitted by law (including, without limitation, the Australian Consumer Law), any liability Moshtix or the Event Organiser may have in connection with a ticket will only be owed to the original purchaser of the ticket and not to any recipient to whom that ticket may have been reissued.
13. Ticket Resale
We may offer a Ticket Resale facility which allows ticketholders who purchased a ticket from Moshtix to make the ticket available for purchase by another fan. The Ticket Resale facility may not be available for all events. We reserve the right to make the Ticket Resale facility unavailable or to make any changes to the operation of the Ticket Resale facility at any time, which will not apply to any tickets already made available for purchase through the Ticket Resale facility before any such change or unavailability of the facility.
14. Ticket Limits
When purchasing tickets on Moshtix, you are limited to a maximum number of tickets per transaction. Any tickets purchased in excess of the event ticket/transaction limit specified in the ticket selection dropdown on the event page on the Moshtix website, or at an authorised Moshtix retail outlet at the point of sale may be cancelled at the discretion of Moshtix or the Event Organiser.
15. Pricing and Ticket Availability
Moshtix sells tickets and Non-Ticket Items on behalf of Event Organisers and other third parties which means Moshtix does not determine the ticket prices, booking fees, postage and handling fees (if posted tickets are an option). Each purchase may attract a service fee, which is inclusive of GST and booking fees. All tickets and products listed on www.Moshtix.com.au are priced in Australian dollars. All tickets and products listed on www.Moshtix.co.nz are priced in New Zealand dollars.
Event Organisers may change prices at any time before purchases of tickets or Non-Ticket Items are made. Prices may vary for different ticket allocations, for promotions, special offers for presale customers, and Event Organisers may adopt a flexible pricing model and adjust prices to reflect demand at any time. Unless required by applicable law, you will not be entitled to a refund or credit if (i) the price you paid for a ticket was at any time before you purchased your ticket less than the price you paid; or (ii) the price of any other ticket to the relevant event (whether in the same location or price category or otherwise) is subsequently reduced after you purchase your ticket.
16. Delivery of tickets
One or more of the following delivery options may be offered for your ticket order through the Moshtix platform. The applicable proof of identity requirements set out in clause 9 apply regardless of the delivery of ticket method used.
If you have not received your tickets within 48 hours of the event you can log in to your Moshtix account to either re-send, download a copy, or contact Moshtix support by submitting a request https://tixsupport.Moshtix.com.au/hc/en-us/requests/new or by email help@tixsupport.com.
Please note that for some events, the event information and your ticket order confirmation will specify that tickets will not be issued or dispatched until a specified time, which may be closer to the time of the event. This can help reduce unlawful resale of tickets. In these cases, Moshtix will not be required to issue or dispatch the tickets until the specified time.
By "email" option: The Moshtix platform provides an opportunity for you to provide your email address and we will deliver your digital ticket to that email address. You are not required to print your ticket(s), you can present the electronic PDF version of the ticket to be scanned directly from your mobile or tablet device.
By "SMS" option: you may opt to receive your ticket(s) by SMS to the mobile number you provide at the point of purchase. If you select this option, Moshtix will send a link to the digital ticket(s) to your mobile number. This option will incur a fee payable in relation to the order when you purchase your tickets and all tickets in that order will be delivered by SMS.
Moshtix may offer you the option to add digital tickets delivered by email and SMS
to ticket wallet applications via mobile phones, tablets and other devices.
By "Post" or "Registered Post" option: Please ensure you supply the correct billing and delivery address information for ticket orders as incorrect details will delay processing and delivery. Moshtix and Event Organisers do not post to PO Boxes. If you have selected delivery through the mail, please allow at least 10 working days after your order is made to receive your tickets from Moshtix or the Event Organiser.
The delivery options that attract delivery fees for an Event and the applicable fee for each option, are displayed on the Moshtix platform during the purchase process.
17. Cancelled Events
Occasionally, events are cancelled or postponed by the Event Organiser due to weather conditions or situations affecting the staff, audience or artist. When this occurs, the Event Organiser will make every effort to ensure you receive a prompt refund and/or exchange if applicable.
If an event is cancelled or postponed, refunds will be determined by the Event Organiser. If a refund has been confirmed by Moshtix or the Event Organiser then the following refund methods will apply
I. If you booked online or by phone using a credit card, Moshtix will arrange for a refund to the credit card used for purchase within 14 days of notifying you that a refund for this event applies.
Some Event Organisers elect to use their own merchant facility for processing payments, rather than Moshtix' merchant facilities, so that payments are made directly to the Event Organiser and not received by Moshtix. Where this occurs you will be refunded directly by the Event Organiser, and Moshtix will work with the Event Organiser to arrange this, but Moshtix will have no responsibility or liability for such refunds.
II. If you booked in an authorised Moshtix retail outlet, please return to the same outlet you purchased from to obtain a full refund within 90 days of the event cancellation. You will be asked to sign for your refund. If you are genuinely unable to return to the store for a refund, please contact help@tixsupport.com providing details of the event and point of purchase and any other information as reasonably requested by Moshtix to allow Moshtix to arrange a refund. If you request a refund from an authorised Moshtix retail outlet other than the original point of purchase, Moshtix will use reasonable endeavours to provide you with a refund as soon as practicable, however, refunds may take longer than refunds conducted through the original outlet.
III. If you purchased the ticket(s) independently of Moshtix platform or an authorised Moshtix retail outlet, you will need to return the tickets directly to the place where you purchased the tickets.
Moshtix takes no responsibility for tickets not purchased through the Moshtix platform (the Moshtix platform includes web pages, call centre, authorised Moshtix retail outlets). Should the event be cancelled or rescheduled, Moshtix will contact you via your nominated email address. It is your responsibility to keep your contact details up to date.
18. Scalping
Tickets may not be resold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes. If a ticket is used in breach of this condition, it may be cancelled without refund and the ticket bearer may be refused admission.
The validity of any ticket offered for resale on 3rd party websites such as Viagogo, Facebook, Ebay or Gumtree cannot be guaranteed.
19. Other terms
Event Organisers may reserve the following rights:
1. Latecomers to an event may not be admitted until a suitable break in the event.
2. Opening acts or guests may sometimes tour with headlining performers. These opening acts are subject to change or cancellation at any time without notice. Ticket holders will not be entitled to a refund if an opening act is changed or cancelled.
Event Organisers generally reserve the right to add, withdraw or substitute such artists and vary advertised programs or set lists, seating arrangements and audience capacities.
3. Event Organisers may be required by, or reasonably decide as a result of, Government directions, orders or regulations to reduce the number of persons who may attend an event, change your seating allocation, change any standing or seating configurations for attendance at the event, or change the entry requirements for the event to reflect updates to Government directions.
4. Unless required by applicable law, refunds will not be required as a result of the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities. (other than where a change in audience capacity results in the cancellation of your ticket).
5. Event Organisers may also append their own terms and conditions to these Moshtix Terms and such additional terms are displayed and agreed to by the purchaser during the booking process.
If you have a query in relation to these Terms, please contact Moshtix via the contact details
Email: help@tixsupport.com
Contact Address: PO Box 1272, Darlinghurst, NSW, 1300