CUSTOMER TERMS AND CONDITIONS OF SALE

Updated 13/3/23

Who you are buying from

The Merchant for sales is Blacken Pty Ltd (ACN 85 628 649 712) t/as Blacken Open Air Festivla of Ciccone, NT, 0870 (herein the ‘Merchant’, 'We', 'Our' or 'Us').
We sell tickets to purchasers of tickets (‘You’, ‘Your’) offered via this website as per the terms and conditions following;
If the name listed at 1. above is Ticket Solutions Pty Ltd then this website and the website oztix.com.au or localtix.com.au (the "Oztix / Localtix Website") are owned and operated by Ticket Solutions Pty Ltd and We provide ticketing services via the websites as the authorised agent of event organisers, such as artists, venues, or event promoters (herein the 'Presenter') and any tickets purchased from this website are purchased from Us as the agent of the Presenter. Any dispute you have relating to an event or ticket purchase is between you and the Presenter. As an agent for the Presenter, We are not liable for any claims relating to an event or ticket purchase, except as otherwise set out in these terms and conditions. Or
If the name listed at 1. above is a name other than Ticket Solutions Pty Ltd t/as Oztix/Localtix, then clause 3 shall not apply and we sell tickets offered via this website as the event organiser (herein the ‘Merchant’, ‘We’, ‘Us’, ‘Our’) and any tickets purchased from this website are purchased from Us as the Merchant. Any dispute you have relating to an event or ticket purchase is between You and Us. In this instance, Oztix/Localtix is a company We have engaged to provide a software platform and related services to facilitate the sales of tickets. Oztix is not selling You the tickets, nor acting as agent for promoter or presenter, nor is the merchant for the sales of tickets. The Oztix / Localtix Website is owned and operated by Ticket Solutions Pty Ltd (ACN 106 907 206) of PO Box 6191, Fairfield Gardens, 4103, Queensland, Australia. If you buy tickets from the Oztix/Localtix Website you are subject to Our Terms and Conditions and Oztix’s / Localtix’s Terms and Conditions and You may (or may not, as the case may be) be subject to the Terms and Conditions following.
The Presenter nor Oztix / Localtix are not liable for any claims relating to an event or ticket purchase, except as otherwise set out in these terms and conditions.

What you are agreeing to

By visiting, using, or purchasing any tickets via this website you agree to be bound by these Terms and Conditions and Our Privacy Policy.
Every ticket sold through this website is also subject to:
1. the Oztix/Localtix additional term and conditions (please see Oztix/Localtix website); or as the case may be;
2. the Presenter additional term and conditions (please see Presenters website); and
3. the Merchants additional term and conditions (please see Merchants website); and
4. any terms and conditions of the venue at which event is held (please see the venue’s website); and
5. any terms and conditions that may be printed on the ticket or on signage at the event entrance.
The Presenter or Merchant reserves the right to add, withdraw, reschedule, or substitute artists and/or vary programs, prices, venues, seating arrangements and audience capacity and the terms and conditions.
All Ticket Customers consent to be filmed and or recorded as members of the audience.

Use of this Web Site

Use of this website is restricted to personal use and reference only.

Conditions of Sale

All Prices quoted are in Australian Dollars and include local taxes (GST) where applicable.
Online sales will cease when the allocation of tickets is sold, at a time otherwise specified or usually 2 hours before doors open for the event.
The Presenter, Merchant or Oztix/ Localtix reserves the right not to sell tickets to any third party, person, agent, entity or company.
Tickets will be delivered to You by the method You select during the booking process. If tickets are sent using Registered Post or a Courier service, they will only be sent to addresses where the purchaser can sign for the delivery. Mail delivery option will cease to be offered 10 days before the event.
Tickets may not, without the prior consent of the Presenter or Merchant, be resold or offered for resale at a premium over the face value of the ticket (including via online auction sites) or used for advertising, promoting or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services either by the original purchaser or any subsequent ticket holder unless agreed in writing with the Merchant.
Notwithstanding these terms and conditions, if You use a "disposable" or "temporary" credit card (such as those purchased over the counter at supermarkets) for Your online purchase We are not able to make any refund to you unless a) You can provide full details of the credit card; b) the credit card remains valid; and c) You can produce the online purchase receipt.
NB: Your Credit Card statement will itemise a purchase as a charge from "Blacken Open Air Festivla".

Refunds

The Presenter or Merchant will only refund tickets per these terms and conditions and to the extent permitted by law. The presenter Merchant or Oztix / Localtix has no liability to you.
We do not replace any lost, stolen or destroyed tickets or exchange or substitute tickets after purchase, except in limited circumstances. We reserve the right to charge you a reasonable fee for the replacement of tickets. Please treat your tickets like cash, as we cannot replace lost tickets.
The Merchant reserves the right to alter the date, the venue and the entertainment and activities as advertised, without prior notice to you. Your entitlement to a refund in such circumstances is determined by the Merchant. Please contact Us for details in this instance to determine your eligibility for a refund.
If the date, time, or venue of an event is rescheduled or changed, your ticket will remain valid for the rescheduled date, time, and venue or as determined by the Presenter or Merchant.
If We authorise a Refund, We will refund to you the Ticket Price. If the Presenter instructs Us to do so, We will also refund the Booking Fee and or Transaction Fee and or the Handling Fee. Any Postage Delivery fees charged for tickets that were not dispatched will also be refunded.
Any refund payable can only be made back to the credit card (whether temporary or otherwise) used in the original transaction.
Oztix / Localtix will send customers a direct email and or post any relevant information regarding any cancelled or rescheduled events on our website when known. It is your responsibility to check our website for information concerning any events.

Covid-19

You acknowledge that venues are or may become subject to public health orders or advice providing that patrons are vaccinated, are medically exempt from vaccination or can provide evidence of their Covid-19 free status before entering the venue. It is a condition of the booking that patrons abide by any Covid-19 checking-in or verification procedures that the venue implements to address the public health orders or advice.

No Show / Failure to collect tickets / Delivery fulfilment.

We fulfil Our commitment to you for the sale of tickets by either mailing or emailing the ticket to You or by making the ticket available at the door or Box Office for You to collect. If You have elected to receive the tickets by mail or email and have not received your ticket(s) within 48 hours of the event, it is Your responsibility to contact Oztix / Localtix.

VIP Packages

We sell tickets coupled with other offerings such as VIP experiences, music, merchandise etc. (So-called "Bundled Sales"). We cannot be held liable or responsible for the non-delivery of any goods or services that have been Bundled with Tickets as We have no control or oversight over how the fulfilment or delivery of Bundled Sales is managed. It is a condition of sale that all claims about non-delivery of Bundled Sales must be taken up direct with the Presenter. Please contact Us for details in this instance.

Pay Over Time Payment Option

In some circumstances, You may be able to pay for Your ticket over time, in instalments. If chosen, You agree that We can charge your credit card a deposit, a Booking, Handling and Transaction fee (where applicable) and the number of specified instalments before sending you a confirmed ticket.
You agree that you only have a reservation for a ticket and are not entitled to an actual Ticket to the relevant event until the full payment of the Ticket and associated fees is made to Us.
If your credit card details change before you pay any instalment due, you agree to contact Us to update your credit card details.
You agree that if, for any reason, We are not able to process any of the instalments on their due date, Your reservation for the ticket will be cancelled and your deposit and any fees paid by You to date shall be forfeited to Us.
If we do cancel your reservation, We agree to repay any instalment (other than the deposit and any fees) you have paid to Us back to the credit card you specified at the time of selecting the pay overtime option, provided that credit card remains valid.

Resale

Oztix / Localtix may offer a ticket resale facility for a specific event. This will allow you to offer for sale your unwanted tickets or to buy unwanted tickets from other customers for such a specific event. Oztix reserves the right to charge a resale fee for facilitating such a sale.
Oztix / Localtix will use its best endeavours to verify the validity of each ticket offered for sale, but Oztix / Localtix makes no guarantee that all tickets offered on the Oztix / Localtix resale facility are valid. We advise you that as a buyer you should be aware of the risks. If your tickets purchased from the resale facility prove to be invalid then Oztix / Localtix's liability is limited to refunding you the resale facility charge (if charged).

Changes to Terms and Conditions

The terms and conditions that apply to any particular transaction will be the published terms and conditions at the time the transaction was finalised. Subject to the preceding sentence, we may alter or change the terms and conditions as they appear on Our website from time to time effective immediately from posting on the website.
You should periodically check this page of the website to ensure that you are aware of the latest terms and conditions.

What happens if you have an inquiry or complaint?

For inquiries or complaints regarding the sale and delivery of tickets please contact us by email at info@oztix.com.au.
For inquiries or complaints regarding the staff and/or amenities at a venue or event, please contact the venue management.
For inquiries or complaints regarding the event, the artist's performance, sound or lighting or production quality, please contact the Presenter.

Data Security

When We process your order, we collect your credit card and personal information per Our Terms and Conditions and our Privacy Policy www.oztix.com.au/privacy.
If you deny or dispute a charge on your credit card made by us, please contact us immediately. We consider credit card fraud to be a serious offence and we aim to fully prosecute each case possible.

Copyright and Trademark

The images, text, logos, and artwork contained within the Presenters website and the Oztix / Localtix website site are copyright to Presenter, Oztix / Localtix and or the relevant licensors. All rights are reserved. Unauthorised use by way of copying, storage, reproduction, publishing electronically or otherwise transmitting in any form or by any means in whole or in part is prohibited. The Oztix logo is a registered trademark.

Disclaimer and liability

You accept that the Internet is not always reliable and that system outages may occur. Save to the extent set out in the Competition and Consumer Act 2012 (Cth) (including the consumer guarantees under Australian Consumer Law) or otherwise permitted by law, the Presenter, Merchant or Oztix / Localtix will not be liable for any damages direct, incidental, consequential or otherwise, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your purchase of any tickets or your access to, or use of, or inability to use the web site and its content, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not We know of the possibility of such damage.

Choice of Law

Unless otherwise specified in the Presenters own terms of Sale or Entry these Terms and Conditions shall be governed by the laws of the State of Queensland, Australia but legal proceedings may be commenced in any Australian State or Territory.

Australian Consumer Law

Our goods and services come with consumer guarantees that cannot be excluded under Australian Consumer Law. Those consumer guarantees apply in addition to any other express warranties which we provide under this Agreement. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.