Conditions of Sale
TEMPO provides ticketing services, including the sale and distribution of tickets at www.tempoclub.au (the “Site”) and other third party sites.
Please read these Terms and Conditions carefully before purchasing a ticket. By purchasing a ticket from TEMPO, you agree to be bound by these Terms and Conditions.
These Terms and Conditions relate both to the sale of tickets and attendance at events/functions. These Terms and Conditions apply to both the original purchaser and any subsequent ticketholders (“you”).
VARIATION TO TERMS AND CONDITIONS
TEMPO may vary these Terms and Conditions at any time by updating them. Any variations will only apply to ticket purchases made after these Terms and Conditions have been updated.
REFUNDS, EXCHANGES AND REPLACEMENTS
Subject to requests made under the Refundable Tickets Terms and Conditions of Sale below, or the COVID-19 Refunds and Exchanges Terms and Conditions:
- TEMPO will only offer a refund or exchange of a ticket if an event is cancelled, rescheduled or significantly relocated by the Seller (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law). You must apply for a refund within a reasonable time. TEMPO does not offer refunds or exchanges as a result of a change in your personal circumstances;
- If an event is cancelled, rescheduled or significantly relocated by the Seller, all liability is limited to the amount for which the ticket was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Unless required by law (including the Australian Consumer Law), neither TEMPO nor the Seller will be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses;
- TEMPO will only replace lost, stolen, damaged or destroyed tickets if the authenticity of the ticket can be verified, including proof of purchase, and if you give reasonable notice before the event. TEMPO may charge a reasonable fee for the replacement of tickets. TEMPO may not replace tickets where seating is not allocated (general admission tickets);
- You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an event. You may also wish to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling or relocation;
- In most cases, refunds will be automatically processed to the credit card originally used for purchase.
VARIATIONS TO PERFORMANCES OR EVENTS
- TEMPO reserves the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity.
CONDITIONS OF ENTRY
- Admission to an event is subject to the TEMPO’s Terms. In particular, the following form part of the terms unless otherwise specified:
- You may be denied entry into, or removed from, an event where TEMPO has reasonable grounds to do so, including if you breach these Terms and Conditions or the TEMPO’s Terms, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the event by others.
- If you arrive late, you may not be admitted until a suitable break in the event.
- You may not be permitted to take into the event, or use, cameras or other photographic or recording equipment (excluding mobile phones).
- You may be required to submit to a search of your person and/or possessions before entering the event.
COVID-19 SPECIFIC CONDITIONS OF ENTRY
- You acknowledge that the event may be scheduled to be held, or will be held, during a time at which one or more Government directions or regulations may be in force regarding the number of persons attending an event (or the holding of the event itself). If that is the case, then the number of persons permitted to be in or around the Venue may be affected, resulting in the TEMPO being required to or deciding to:
- cancel or postpone the event;
- reduce the number of persons who may attend the event;
- change your seating allocation; and/or
- change any standing or seating configurations for attendance at the event;
in which case You may receive a refund in accordance with these TEMPO’s Terms and Conditions of Sale, or the COVID-19 Refunds and Exchanges Terms and Conditions, as the case may be.
- You agree to comply with all Government directions, orders and regulations relevant to attending live events, which may be in place at the time of the event.
- If you are attending the event as part of a group, as the primary ticket purchaser, you are responsible for knowing the contact details of all attendees in your group. In the event you are contacted directly by the Government, including the Department of Health for the purposes of contact tracing, you must: (a) make the contact details of your group available to the Government (if you have the consent of each group member to do so); or (b) contact each member of your group, and request that they provide their contact details to the Government directly.
- All attendees in your group, including yourself, must commit to stopping the spread of COVID-19. If at the time of the event, either you, or any other members of your group are feeling unwell or are subject to a self-quarantine or self-isolation period, you agree not to attend the event. If you do attend the event, you agree to assume all risk associated with COVID-19
AUTHENTICITY AND VALIDITY OF TICKETS
- Entry to an event may be refused if the authenticity or validity of a ticket is questionable, including because the ticket has been damaged or defaced in any way, or has not been purchased from TEMPO or other authorised points of sale.
RESALE OF TICKETS & SCALPING
- Tickets may not, without the prior written consent of TEMPO, be resold or offered for resale at a premium (including via on-line auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the ticketholder of the ticket may be refused admission. TEMPO will use reasonable efforts to notify you of such action.
SCALPING WARNING: The resale of tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties.
LIMITATIONS ON THE NUMBER OF TICKETS PURCHASED
- When purchasing tickets for a particular event you may be limited to a specified number of tickets. If you exceed the stated ticket limit, you may have any or all of your orders and tickets cancelled without notice by TEMPO at its discretion. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information. Ticket limits apply to ensure fair access to tickets for fans, and as a measure to minimise ticket scalping.
SYSTEM ERRORS
- While TEMPO takes all reasonable care to ensure that tickets are correctly priced and only available for sale when intended, sometimes errors may occur. TEMPO may cancel an order made as a result of any such error, although in the case of a pricing error TEMPO will endeavour to contact you to give you the option of purchasing the ticket at the correct price.
CUSTOMER ERRORS
- If an error on your behalf results in TEMPO reprocessing the ticket transaction at your request, TEMPO may charge to you the actual costs incurred in reprocessing the ticket transaction, including any chargeback or postage fees charged to TEMPO by a third party.
tempo ONLINE TERMS OF USE AND PRIVACY POLICY
The Website Terms of Use and the TEMPO Privacy Policy are incorporated into these Terms and Conditions and apply to all sales through this Site.
GENERAL
The term “including” when used in these Terms and Conditions is not a term of limitation.