TodayTix Terms of Use - Australia

TodayTix Australia Pty Ltd.

Website and Applications Terms of Use + TodayTix Ticket Terms and Conditions

Last Revised: 10 July, 2024

Introduction

These are the terms and conditions of use for www.todaytix.com (Site) and mobile applications (Applications). The Site and Applications are operated by TodayTix Australia Pty Ltd (ABN 65 628 868 397) care of c/o SW Accountants & Advisors Pty Ltd, Level 7, 88 Phillip Street SYDNEY NSW 2000 (TodayTix, we, us and our).

Your use of the Site and Applications will be subject to these terms and conditions and by using the Site and Applications you agree to be bound by them.

We reserve the right to change these terms and conditions from time to time by changing them on the Site and Applications.

About Us

TodayTix is a mobile application and web site for purchasing same-day, same-week and advance sale theatre and live performance tickets. TodayTix provides ticketing services, including the sale and distribution of tickets, as an Authorised Agent for the venue, promoter or person responsible for holding the relevant event.

How We Work

You can download the TodayTix Application onto your iOs or Android device for free and browse for tickets of theatre and live performances. If you would like to purchase a ticket, you will need to register a payment card with the Application. You will then have access to the theatre {"owner's"} inventory where you can choose your seats and purchase your tickets. You can pay for your ticket via our third-party payment providers. Once you have purchased your tickets, you will receive a confirmatory email confirming (amongst other things) the number of tickets, price and order reference number. You will need to bring a form of personal identification and your reference number when you collect your tickets from the venue. In some instances, your e-tickets (including barcodes) will form part of your confirmation email. We will send you a reminder email before you are due to attend your theatre performance.

Ordering and Availability

Tickets may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the {'"Swipe to Pay Now"'} button on the checkout page.

After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Ticket. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the {'"Swipe to Pay Now"'} button, you enter into an obligation to pay for the Ticket(s) in the event that your order is accepted by us. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Ticket order has been placed (Order Confirmation). The contract between you and us in relation to the Tickets ordered (Contract) will only be formed when we send you the Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.

You also acknowledge and agree that the Tickets you purchase are subject to the Ticketing Terms and Conditions, and Conditions of Entry, of the relevant theatre company or venue ("Owner's"), which are available on their website. You further acknowledge that the terms and conditions of the relevant theatre company or venue may provide for the theatre company to cancel the Ticket(s) or refuse Entry under certain circumstances.

If tickets purchased on TodayTix are for an event performing at the Sydney Opera House, tickets and attendance are subject to the Sydney Opera House General Terms and Conditions for Tickets and Attendance at Events.

Risk and Title

Tickets ordered will be at your risk from the time of collection. Ownership of the Tickets ordered will also pass to you on collection, provided full payment of all sums due in respect of the Tickets has been received.

Price and Payment

The price of Tickets is as quoted on the Site and Applications from time to time. Prices include goods and services tax (as defined by A New Tax System (Goods and Services Tax) Act 1999 (Cth)). Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Payment for all orders must be made by credit or debit card on the checkout page.

We will not charge your credit or debit card until we send you your Order Confirmation.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

Cancellation, Refunds or Exchanges

In accordance with these Terms and Conditions, you may not cancel the Contract for Tickets once you have placed an order and they may not be returned to us for a refund or exchange, unless in accordance with the Ticketing Terms and Conditions of the relevant theatre company or venue or in accordance with the Live Performance Australia (LPA) Ticketing Code of Practice (“Ticketing Code”).

Subject to any statutory rights of refund (including, without limitation, the provisions of the Australian Consumer Law), if an event takes place then generally there is no right to a refund or exchange, including where a ticket holder cannot attend because of adverse weather conditions or refusal of entry to the venue under Conditions of Entry requirements

TodayTix will not issue exchanges or refunds after a ticket has been purchased, or for lost, stolen, damaged or destroyed tickets.

Where a live event or performance is cancelled, rescheduled or significantly relocated due to intervening circumstances,TodayTix will make reasonable endeavours to contact you in a timely manner and inform you of the theatre owner’s or venue’s and TodayTix remedy options for that event and in accordance with the Ticketing Code.

TodayTix will only offer a remedy (which may include a refund, exchange or voucher) of a ticket if an event is cancelled, rescheduled or significantly relocated due to intervening circumstances by the theatre owner or venue (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 timeframe. TodayTix does not offer refunds or exchanges as a result of personal circumstances.

If an event is cancelled, rescheduled or significantly relocated by the theatre owner or venue, 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 TodayTix or the theatre owner or venue will be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of the event, including any travel or accommodation expenses.

In most cases, any applicable refunds will be automatically processed to the credit card originally used for purchase.

For exact instructions on any cancelled or postponed event, please contact us at AUSsupport@todaytix.com.

Event dates and times are subject to change by the Owners. It is your responsibility to check for any possible changes in the date and time. You agree that we are not responsible for changes in date or time of the event, and that we will have no liability for any refund due to event dates or times being changed.

The theatre company or venue reserves the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venue, seating arrangements (including ticket categories) and audience capacity.

Refunds and exchanges will only be provided in accordance with these Ticket Terms and Conditions (in consultation with the Owner’s policies) and under the Live Performance Australia (LPA) Ticketing Code of Practice and as required by law.

Conditions of Entry

Admission to an event or performance is subject to the theatre company or venue terms and conditions of entry. In particular (but not limited to), you may be denied entry into, or removed from an event where the theatre company or venue has reasonable grounds to do so, including breach of these terms and conditions or the theatre company or venue’s terms and conditions or conditions of entry.

Latecomers

Customers who arrive late for a performance may not be admitted until a suitable break. Certain venues/productions may not admit latecomers at all. You must enquire with the venue for specific information on their latecomer policy. In the event that it is not possible to admit a latecomer for any reason, no refunds will be offered.

COVID-19 Specific Conditions of Entry

You acknowledge that the event or performance 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. You agree to comply with all Government directions, orders and regulations relevant to attending the event and in accordance with the theatre company or venue’s COVID-19 specific conditions of entry, which may be in place or vary at the time of the event or performance.

If you are attending the event as part of a group, as the primary ticket purchaser, you may be required to be responsible for knowing or obtaining 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 contract tracing, you must a) make the contact details of your group available to the Government (if you have consent of each group member to do so); or b) contact each of your group and request they provide contact details to the Government directly. Some theatre companies or venues may require contact tracing details to be provided upon arrival and are subject to their specific conditions of entry.

All attendees in your group, including yourself, must commit to stopping the spread of COVID-19. If at the time of the event or performance either you, or any members of your group are feeling unwell or subject to a self-quarantine or self-isolation period, you agree to not attend the event. If you do attend, you assume all associated risk.

Credits and Vouchers

TodayTix may from time to time, at our sole discretion, issue customer service credits and/or vouchers, which TodayTix reserves the right to revoke with or without notice.

Our Liability

You agree to indemnify and hold us, our officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and purchase of tickets, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Nothing in these terms and conditions shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation; or
• for any other liability that may not, under law, be limited or excluded.

Subject to this, in no event shall TodayTix be liable to you for any business losses (including but not limited to loss of profits, loss of sales or business, loss of production, loss of agreements or contracts, loss of business opportunity, loss of anticipated savings, loss of or damage to goods, loss of reputation, or loss of use or corruption of software, data or information) and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Tickets and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

TodayTix will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

Access to the Site and Applications

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and Applications and is compatible with the Site and Applications.

TodayTix may, from time to time, restrict access to certain features, parts or content of the Site and Applications, or the entire Site and Applications, to users who have registered with us, at our sole discretion. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. TodayTix reserves the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

TodayTix cannot guarantee the continuous, uninterrupted or error-free operability of the Site and Applications. There may be times when certain features, parts or content of the Site and Applications, or the entire Site and Applications, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that TodayTix will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site and Applications, or any features, parts or content of the Site and Applications.

What You Are Allowed to Do

You may only use the Site and Applications for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site and Applications on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and Applications and, where they apply, will be displayed on-screen or accessible via a link.

What You Are Not Allowed to Do

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

• store pages of the Site and Applications on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site and Applications;
• remove or change any content of the Site and Applications or attempt to circumvent security or interfere with the proper working of the Site and Applications or the servers on which it is hosted; or
• create links to the Site and Applications from any other website, without our prior written consent.

You must only use the Site and Applications and anything available from the Site and Applications for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

Intellectual Property Rights

All intellectual property rights in any content of the Site and Applications (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site and Applications. Downloading, distributing, or sharing ticketed video content booked through an account on TodayTix is strictly prohibited. In the event you print off, copy or store pages from the Site and Applications (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Content

TodayTix may change the format and content of the Site and Applications from time to time. You agree that your use of the Site and Applications is on an {"'as is'"} and {"'as available'"} basis and at your sole risk.

Whilst TodayTix will try to make sure that all information contained on the Site and Applications (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except to the extent that our Site and Applications Terms of Supply apply, TodayTix makes or gives no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and Applications and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and TodayTix accepts no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site and Applications or relying on any of its content.

TodayTix cannot and does not guarantee that any content of the Site and Applications will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

Your Personal Information

Use of your personal information submitted to or via the Site and Applications is governed by our Privacy and Cookies Policy.

User Content

The Site and Applications may allow you to upload user-generated content in public areas so that you may review the Applications in the comments pages and/or message boards (collectively User Content Areas). TodayTix does not control the material submitted to User Content Areas (collectively User Submissions), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.

If you participate in any User Content Areas, you must:

• keep all User Submissions relevant to the purpose of the User Content Area;
• not submit any User Submission that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
• not submit any User Submission that contains any viruses and/or other code that has contaminating or destructive elements;
• not submit any User Submission containing any form of advertising; and
• not impersonate, or misrepresent an affiliation with, any person or entity.

You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.

Whilst TodayTix does not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.

Complaints about the content of any User Submission must be sent to AUSsupport@todaytix.com and must contain details of the specific User Submission giving rise to the complaint.

External Links

The Site and Applications may, from time to time, include links to external Site and Applications, which may include links to third party offers and promotions. TodayTix includes these to provide you with access to information, products or services that you may find useful or interesting. TodayTix is not responsible for the content of these Site and Applications or for anything provided by them and does not guarantee that they will be continuously available. The fact that TodayTix includes links to such external Site and Applications does not imply any endorsement of or association with their operators or promoters.

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. TodayTix may give notice to you at either the email or postal address you provide to us when placing an order.

If TodayTix fails to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms and conditions is, for any reason, held to be invalid or unenforceable, the other provisions of these terms and conditions will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. TodayTix is required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

These terms and conditions shall be governed by the law of the state of New South Wales, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the courts of the state of New South Wales.

Rush Program

Rush is an opportunity to access exclusive low-price tickets. Every performance day, a limited number of Rush tickets are released on a first-come, first-served basis.

How to unlock:

• Click “Unlock now”

• Click “Share on Instagram stories”, “Share on Twitter”, “Share on Facebook” 

  • You may also click on “Unlock without sharing”

Once unlocked, the feature will remain unlocked for that show until you make a purchase to that show. 

If you select one of the “Share” buttons within the Application, TodayTix will make available to you a personalized link with verbiage and/or imagery which you may choose to share with your friends via the social networking site(s) (“SNS”) you selected. Once you have shared the personalized link through an SNS using the Application, or if you have selected “Unlock without sharing,” TodayTix will make provide you access to our Rush Program, alerting you when Rush tickets become available at the advertised price.

Rush Tickets are available on a first-come, first-served basis. Unlocking does not guarantee customers' ability to hold and purchase Rush tickets. Rush prices are subject to change. TodayTix makes no guarantees as to availability.

TodayTix Loyalty Program Rules

Effective as of July 3, 2024, the loyalty and rewards program for Today Tix Australia Pty Ltd (ABN 65 628 868 397) (a wholly owned subsidiary of TodayTix Inc.)(“we” or “us” or “TodayTix” or the “Company”) is the TodayTix Loyalty Program (the “Loyalty Program”). The Loyalty Program replaces many prior iterations of rewards, including the Perks credit program (collectively, the “Prior Loyalty Programs”). 

1. The Loyalty Program operates under the terms and conditions as set in this document  unless otherwise expressly stated (the “Program Rules”). The Program Rules govern the Company’s relationship with members of the Loyalty Program (collectively, “Loyalty Program Members,” and individually, a “Loyalty Program Member,” “Member,” or “you”), including how Members manage their accounts, book reservations, achieve status, and earn and redeem TixCash.
2. The Program Rules incorporate the additional terms that apply to certain experiences, properties or shows. Specific Loyalty Program benefits, amenities, offers, awards and services may not be available at or as part of such experiences or properties, even though the applicable experience or property is not explicitly identified as being excluded where the benefit, amenity, offer, award or service is described in the Program Rules.

3. By opening a Loyalty Program membership account (“Account” or “Membership Account”), to receive and redeem benefits of the Loyalty Program, including, without limitation, TixCash, you agree that:

   1. you have read and accept the Program Rules; and you have read and accept the Company’s Terms of Use which are incorporated by reference herein; and
   2. you consent to the collection, use, and disclosure of your personal information by the Company, the Loyalty Program, and their authorized third-party agents and licensees in accordance with the Company’s Privacy Policy.
4. All Loyalty Program benefits, amenities, offers, awards and services are subject to availability and may be changed by the Company at any time on reasonable notice.
5. The Program Rules supersede all previous terms and conditions applicable to the Prior Loyalty Programs or Loyalty Program.
6. Loyalty Members are responsible for remaining knowledgeable about the Program Rules (the current version of which can be found here).

JOINING THE LOYALTY PROGRAM

Eligibility/Conditions of Enrolment

1. An individual may apply to enroll in the Loyalty Program by fully and accurately completing the Membership Account application process. The Company may refuse membership in the Loyalty Program to any applicant in its sole discretion and without written notice.

Membership in the Loyalty Program is free and available to any individual who:

1. possesses the legal authority to agree to the Program Rules;
2. resides in a jurisdiction which legally permits participation in the Loyalty Program;
3. provides valid and accurate personal information when enrolling in the Loyalty Program;
4.  is not already a member of the Loyalty Program (i.e., does not already have a Membership Account); and
5. has not previously been terminated or refused membership from the Loyalty Program or any of the Prior Loyalty Programs by the Company.
6. Members are responsible for reading communications from the Company about the Loyalty Program in order to understand their rights, responsibilities, and status in the Loyalty Program. If a Member has any questions about the Loyalty Program or the Program Rules, the Member should contact Member Support.
7. Members are responsible for reading the Company’s Privacy Policy in order to understand how the Company collects, uses, and discloses a Member’s data. If a Member has any questions about the Company’s Privacy Policy or its collection, use, or disclosure of a Member’s data, the Member should contact Member Support.
8. Only individuals are eligible for Loyalty Program membership, and each individual may maintain only one Membership Account. All Loyalty Member Accounts are individual Accounts and no joint or shared Accounts are permitted even if two or more Members reside within the same household. 
9. Loyalty Program benefits are non-transferable unless expressly stated otherwise.
10. A Member may not have duplicate Accounts under the Loyalty Program at any time. Duplicate Membership Accounts may be canceled at the discretion of the Company.
11. Information provided by a Member will be maintained in a personal preference profile with the Membership Account. The Member is responsible for maintaining the validity and accuracy of all information provided by a Member in their personal profile.
12. The information a Member provides to the Company when creating a Membership Account and redeeming TixCash, Benefits or other Member benefits is collected, used, stored and disclosed in accordance with the Company’s Privacy Policy. 

Types of Membership

1. Members automatically achieve the base membership level when they create an Account.
2. Upon reaching certain milestones, a Member will earn tier membership status (“Membership Status”) and become a Red Tier, Silver Tier or Gold Tier Member. The requirements for earning Membership Status are set out in clauses 51 to 58.

Membership Communications

1. All Loyalty Program communications will be sent to a Member’s email address currently provided in the Member’s Account, in-App, or via push notification. 
2. Communications delivered to the address on file will be deemed to have been received one (1) business day after sending it if delivered to the Member’s email address, in-App or via push notification. 
3. Members must keep their email address current. Neither the Company nor the Loyalty Program shall have any responsibility for misdirected or lost email or any consequences thereof.
4. Provided the Member has consented and the consent has not been withdrawn, the Company may also send Members promotions, offers and other communications from time to time, which may include, without limitation, items from third parties. 

The items from third parties are based on the information provided to the Company by a Member and any additional data the Company may maintain. Members may change personal details and communications preferences at any time in the Account Profile on the Loyalty Program Website or by contacting Member Support Any time a Member contacts Member Support, the Company may ask the Member certain security questions to verify the Member’s identity. Member Support may monitor or record telephone calls to improve quality of service. A Member can also review their TixCash balance and update personal details and preferences in the Account Profile on the Loyalty Program Website.      

Other Conditions of Enrolment

Cancelling or Suspending Membership Accounts

1. A Member may cancel their membership in the Loyalty Program at any time by sending written notice of cancellation to Member Support. 

2. The Company may cancel a Member’s accumulated TixCash, suspend Loyalty Program benefits, suspend Membership Status, or cancel a Member’s Account at any time with immediate effect and on written notice, and in the Company's sole discretion if the Company, acting reasonably, believes the Member has:

   1. Acted in a manner inconsistent with applicable laws, regulations and policies of the Company;
   2. Failed to pay any bill or fulfill any financial obligation, when due to the Company or at any theatre or with any partner of the Company;
   3. Acted in an inappropriate, fraudulent, abusive or hostile manner;
   4. Breached or violated any of the Program Rules or the Website Terms of Use;
   5. Fraudulently claimed eligibility to earn benefits through any events or purchases; or
   6. Engaged in any misconduct or wrongdoing in connection with the Loyalty Program including, without limitation, with respect to TixCash, Benefit  usage, or any other Loyalty Program Member benefits.
3. Subject to applicable law, a Member’s membership in the Loyalty Program will terminate automatically upon the Member becoming bankrupt.
4. Nothing contained in the Program Rules will limit the Company in the exercise of any legal or equitable rights or remedies.

Effect of Membership Cancellation

1. The Loyalty Program, TixCash, Benefits, and other related benefits and services are the sole property of the Company, and are not the property of Members. On cancellation of membership in the Loyalty Program for any reason, all unredeemed TixCash, Benefits and other related benefits and services will be forfeited and a Member will no longer be able to participate in the Loyalty Program. TixCash, Benefits and other related benefits and services have no cash value and the Company will not compensate or pay cash for any forfeited or unused TixCash.
2. If the Company cancels a Member’s Account pursuant to clause 23, the Member may not reapply for membership in the Loyalty Program except at the Company’s sole discretion, and any unauthorised Account opened in the Member’s name following cancellation, as well as TixCash, Benefits and other related benefits and services earned in that Account will be forfeited upon discovery.
3. If a Member cancels their Account, the Member may reapply for membership in the Loyalty Program at a later date, but no TixCash, Benefits and other related benefits and services previously forfeited or expired will be reinstated to the Member Account and any Membership Status will not be reinstated.

Termination or Modification of the Loyalty Program

1. Except as otherwise expressly prohibited or limited by applicable laws, the Company has the right to change, limit, modify or cancel the Program Rules and Benefits, provided it is reasonably necessary to protect the Company’s legitimate business interests on reasonable notice to the Member, even though such changes may affect the value of TixCash, or the ability to obtain certain Benefits. 

2. The Company may, among other things:

   1. increase or decrease the amount of TixCash received for attaining a specific Membership Tier;
   2. increase or decrease the amount of any Benefit or otherwise modify any Benefit;
   3.  withdraw, limit, modify or cancel any Benefits; or
   4. change program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting TixCash, or rules governing the use of Benefits.
3. The Company may terminate the Loyalty Program on six (6) months' written notice to all active Loyalty Members. At the Company’s sole discretion, the Company may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Loyalty Members. A Member may not accumulate TixCash or claim Benefits, Loyalty Program benefits or amenities after the termination of the Loyalty Program. If the Loyalty Program is terminated, at the conclusion of the notice period, all unredeemed TixCash will be forfeited without any obligation or liability, and no Benefits claims will be honoured.
4. All Loyalty Program benefits, amenities, offers, Benefits and services are subject to availability and may be changed at any time without notice.
5. By accepting any Loyalty Program benefits, amenities, offers, awards or services, including, without limitation, any TixCash or Benefits, a Member acknowledges that he/she is responsible for determining whether he/she is eligible to receive, and that he/she is eligible to receive, such Loyalty Program benefits, amenities, offers, awards or services (including, without limitation, TixCash and Benefits) under applicable laws, gift policies and incentive policies. Each Member must immediately notify the Company if he/she is not eligible to receive any Loyalty Program benefits, amenities, offers, awards or services at any time.
6. Except as expressly permitted in the Program Rules, TixCash, Benefits, and other Member benefits may not be sold, bartered or transferred (other than by the Company or its agents). Any attempted transfer, sale or barter will be void and will be confiscated. The Company and its partners may refuse to honour or recognise any TixCash, Benefits, or Member benefits which the Company believes may have been transferred, sold or bartered.

TixCash

1. Members may earn TixCash by:

   1. attaining at Red or Silver Membership Status by purchasing the required number of Eligible Tickets while logged into their Member Account; and
   2. attending the show/s for which they purchased tickets. 
2. For the avoidance of doubt, the Eligible Tickets do not become Qualifying Tickets for TixCash until the Member attends the show for which the Eligible Tickets were purchased.
3. TixCash may only be redeemed on the TodayTix mobile app. 
4. Subject to the crediting of Perks Credits to the Member’s Account as set out in clause 48, the Company will credit AUD$5 TixCash to the Member’s Account when they  achieve Red Tier and AUD$10 when they achieve Silver Tier. When the Member logs in to their Account, they can view their TixCash balance (which will be applied automatically toward the next purchase). 
5. TixCash will expire 180 days  after attaining  the relevant Membership Status unless otherwise specified at the time of earning the TixCash. 
6. Purchase of subsequent Qualifying Tickets may extend the expiration date for all earned TixCash in your account (“Extended TixCash”), however, if you are awarded bonus TixCash with an earlier expiration date, we will specify the expiration date at the time of earning and such bonus TixCash will not qualify as Extended TixCash (and thus will not qualify for the extended expiration date). 

By way of an example, if a Member earned $5.00 in TixCash on a Qualifying Ticket on January 1, 2025, and then earns another $5.00 in TixCash on May 31, 2025 (within 180 days), then the expiration date for the initial $10.00 in earned TixCash will be extended to 11:59 PM AEST  November 27, 2025. However, if, the Member is in the same scenario as above, but earns the $5.00 in TixCash on July 15, 2025, then the expiration date for the initial $10.00 in earned TixCash will not be extended. Once TixCash has expired, it cannot be reinstated, but a Member can earn new TixCash, unless that Member’s Account has been deactivated.

1. TixCash redeemed by a Member prior to the expiration date is still valid even though the Eligible Ticket may not have become a Qualifying Ticket at the time of TixCash expiration. However, if that Eligible Ticket is cancelled by the Member or a refund is requested, the TixCash used in connection with the purchase is forfeited/still subject to the original expiration date. 

For example, if a Member redeems TixCash towards the purchase of tickets to a show that occurs after the TixCash expiration date, and then cancels the tickets prior to the show without having earned additional TixCash to extend the expiration date, the original redeemed TixCash will expire.

1. TixCash is not refundable once applied to a purchase of a ticket. However, if TixCash is used to buy a ticket and the Member either uses their ticket protection (if applicable) or the event is canceled by the host, the TixCash will be credited back to the Member's account with the original expiration date.
2. For the avoidance of doubt, Members cannot cancel purchases of Eligible or Qualifying Tickets or request a refund for ‘change of mind’. Purchases are final and will not be refunded unless the show or event is cancelled by the operator or producer of the show or Ticket Protection is purchased by the Member.
3. Unless required by law, TixCash is not redeemable for cash, and cannot be transferred, sold or distributed to others and cannot be applied to shipping, expenses or sales taxes.
4. The Company reserves the right to monitor the Accounts of all Members, at any time and without notice, for compliance with the Program Rules. The Company may review all Members’ TixCash, Qualifying Purchases, and transaction history including, without limitation, requests for Loyalty Program Benefits, Benefits and other benefits.

Transition Arrangements

1. A Member may request credits:

   1. for Qualifying Tickets that were made and attended during the period from January 1, 2024 through July 2, 2024 by contacting Member Support.
   2. for Qualifying Tickets which are not reflected on such Member’s Account by contacting Member Support. 
2. All requests made under clause 46 must be received within one (1) year of the date of the applicable Qualifying Ticket transaction to receive any credit.
3. Any Perks Credit associated with a Member Account will automatically be converted into TixCash at a 1:1 ratio. If any Perks credit of a Member is converted into TixCash, any TixCash which would otherwise have been earned by the Member for attaining a specific Membership Status (such as for attaining Red Tier or Silver Tier) will be offset or reduced by the amount of any Perks Credit converted into TixCash.

Membership and Benefits

1. Benefits of Membership Status will apply only to purchases made by a Member who is signed in on his or her Member Account.   Benefits vary by Membership Tier Status. 
2. Some Membership Status benefits may not be available at some locations or in connection with some venues or shows.

Membership Status Requirements.

1. Only Qualifying Tickets made under a Member Account are credited toward the Member’s Membership Status achievement and renewal thereof. To achieve or renew Membership Status, the following number of Qualifying Tickets must be made between January 1 and December 31 of any given calendar year:

   1. Member Tier: 0 to 1 Qualifying Tickets
   2. Red Tier: 2 to 5 Qualifying Tickets
   3. Silver Tier: 6 to 9 Qualifying Tickets
   4. Gold Tier: 12+ Qualifying Tickets
2. Benefits of a specific tier of Membership Status will last until December 31 of the year following attainment of a given Membership Status, subject to exceptions for certain benefits such as TixCash, Seat Upgrade (as defined below) and the 10% Discount (as defined below).

Membership Benefits.

1. Member Tier Members and above are eligible to receive the following benefits:

   1. Access to member prices / member deals.
   2. Rush Program (access to this benefit is available only through the Application).
   3. Lottery Program (access to this benefit is available only through the Application).
   4. Member Support. 
2. All members can contact the TodayTix Customer Support Team via our Help Centre.

Red Tier Membership Benefits.

1. In addition to all of the benefits Member Tier Members receive, Red Tier Members are eligible to receive the following benefits:

   1. Upon achieving Red Tier Membership Status, the Member will receive AUD$5 in TixCash credited to their Member Account. 
   2. Red Tier Members will have any entries they make into any given Lottery multiplied by a Lottery Multiplier of two (2). This benefit is subject to the Lottery Terms and Conditions. Access to this benefit is available only through the Application.

Silver Tier Membership Benefits.

1. In addition to all of the benefits Red Tier Members receive, Silver Tier Members are eligible to receive the following benefits:

   1. Upon achieving Silver Tier Membership Status, the Member will receive AUD$10 in TixCash credited to their Member Account.
   2. Subject to availability, Silver Tier and Gold Tier Members will have early access to certain promotions/presales as determined by the Company in its discretion from time to time. Members in the Silver and Gold tiers will be able to shop a select number of promotions and ticket pre-sales 24 - 48 hours earlier than non-Silver and Gold members. Silver and Gold Tier members will receive marketing communications informing them when they can shop early.
   3. Access to Weekly Drops. Weekly Drops are heavily discounted tickets (starting at 40% off) that are only accessible to Silver and Gold Tier members in the Application. Currently, Drop tickets are only available on the iOS app and will be made available on the Android app in the coming months. Tickets to which Weekly Drops apply varies and is not guaranteed. This benefit is subject to availability.  Access to this benefit is available only through the Application.
   4. Silver Tier and Gold Tier Members will be offered Ticket Protection on eligible purchases for only AUD$1 per ticket. This benefit is subject to the Ticket Protection Terms and Conditions.
   5. Silver Tier Members will be eligible for invitation to certain TodayTix Moments. Tickets to such events for Silver Tier Members requires purchase of a ticket and are subject to the specific terms and conditions of such event, as well as availability. 

Gold Tier Membership Benefits. 

1. In addition to all of the benefits Silver Tier Members receive, Gold Tier Members are eligible to receive the following benefits:

   1. Gold Tier Members will automatically receive 10% off their final checkout price (the “10% Discount”)  for 180 days from the date of attaining Gold Tier Membership Status, except if it is extended by purchasing sufficient Qualifying Tickets to retain Gold Tier Membership Status within the 180 day period.  

For example, if a Member achieves Gold Status on 1 December 2024, they will receive the 10% Discount future ticket purchases until 30 May 2025. If the Member purchases 12 tickets for a show on 1 March 2025, the 10% Discount will be extended by a further 180 days to 27 August 2025.

1. Priority Member  Support Line. Gold Tier Members will have prioritized Member Support in the event of any questions or issues. 
2. Gold Tier Members are entitled to one annual seat upgrade (“Seat Upgrade” and “Upgraded Seat”), subject to availability. Upon achieving Gold Tier Membership Status, at checkout, an eligible Member will be presented with an upgrade option, provided such Member has a maximum of two tickets in their basket and seats are available in the next price tier. This benefit is valid from 180 days from the date the Member attains Gold Tier Membership Status. If the Seat Upgrade is not used within the 180 day period, but the Member purchases Qualifying Tickets sufficient to retain Gold Tier Membership Status within the 180 day period, the Seat Upgrade will not expire and the Member will earn another Seat Upgrade.

For example, if a Member achieves Gold Tier Membership Status on 1 December 2024, they will receive a Seat Upgrade which will be valid until 30 May 2025. If the upgrade is not used, but the Member purchases 12 Qualifying Tickets on 1 March 2025, the Member will receive a second Seat Upgrade and both the original and the new Seat Upgrade will expire on 27 August 2025.    

The Company is not liable for failure to process any Seat Upgrade. The Company reserves the right to limit seats made available for Seat Upgrades for any particular show or showing for any reason. Available seats within the seat map does not necessarily mean these seats are available for Seat Upgrades.

1. Gold Tier Members will be eligible for invitation to certain TodayTix Moments. Tickets to such events for Gold Tier Members requires purchase of a ticket and are subject to the specific terms and conditions of such event, as well as availability. 

   This benefit is subject to the specific terms and conditions of such event, as well as availability. 

2. The 10% Discount may not be used for purchasing Lottery, Rush or Weekly Drops tickets. At any time and in the Company’s sole discretion (including, without limitation, where a Member was not eligible to earn a specific benefit pursuant to the Program Rules), the Company may correct:

   1. the amount of TixCash or the number of Qualifying Tickets credited to a Member’s Account; and
   2. any other benefit that has been credited to a Member’s Account, including, without limitation, any Membership Status. 
3. The Company also reserves the right, in its sole discretion, to prevent, cancel, or reconcile any transaction where the Loyalty Program suspects there has been fraudulent activity connected with the transaction.
4. TixCash, Benefits, and other Member benefits may be subject to income or other taxes. The Member is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which the Member earned TixCash. The Company will not be liable for any tax liability, duty or other charges in connection with the issuance of TixCash, Benefits, and other Member benefits.

5. If a Member is a consumer for the purpose of the Australian Consumer Law, subject to the Member’s statutory rights (including the Consumer Guarantees that cannot be excluded under the ACL) and to the extent permitted by law, the Company excludes:

   1. Any term, condition or warranty that may otherwise be implied in these terms and conditions; and
   2. Any liability for loss including Consequential Loss.

6. If the Member is a consumer and the Services are not Services of a kind ordinarily acquired for personal, domestic or household use as that expression is used in section 64A of the ACL and it is not fair or reasonable for the Company to rely on such limitation in accordance with s 64A(3) of the ACL, then the Company’s liability for any breach of the Consumer Guarantees will be limited to:

   1. The re-supply of the Services;
   2. The payment of the cost to re-supply the Services.
7. In circumstances where the Company cannot lawfully exclude its liability, to the maximum extent permitted by law, the Company’s liability will be limited (at the Company’s option) to the cost of the replacement of the Services. 
8. The Company administers the Loyalty Program. The Company promotes the Loyalty Program including, without limitation, by creating and launching marketing campaigns, developing and maintaining the Loyalty Program Website and managing partner relationships.

9. The Company is not responsible for:

   1. any loss or misdirection of, or delay in receiving, any Member application, correspondence, redemption requests, Benefits or Member benefits;
   2. theft or unauthorised redemption of TixCash or Benefits;
   3. any acts or omissions of third parties; or
   4. any errors published in relation to the Loyalty Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Participating Properties, and Loyalty Program affiliates, and errors in the crediting or debiting of Points from Member Accounts.  The Company reserves the right to correct, without notice, any errors.
10. All interpretations of the  Program Rules regarding membership are at the Company’s sole discretion, and the Company’s decisions will be final. Italicised examples provided in the Program Rules are not to be relied upon by Members. Unless otherwise stated, the terms and conditions of the Program Rules in effect at the time of a Member’s purchase or request for a benefit will govern the transaction.
11. The Company is the sole and exclusive owner or licensee of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of TodayTix, Inc. and its affiliates. Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.
12. The Company’s waiver of any breach of the Program Rules by any Member will not constitute a waiver of any other prior or subsequent breach of the Program Rules. The Company’s failure to insist upon strict compliance with the Loyalty Program Rules by any Member will not be deemed a waiver of any rights or remedies the Company may have against that or any other Member. The Company may waive compliance with the Program Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members.
13. IN NO EVENT WILL TodayTix Australia Pty Ltd, TODAYTIX, INC., ITS SUBSIDIARIES AND AFFILIATES, ITS FRANCHISEES OR LICENSEES, ANY PARTICIPATING PROPERTY, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE LOYALTY PROGRAM, THE PROGRAM RULES, OR THE COMPANY’S OPERATION OF THE LOYALTY PROGRAM.
14. Any disputes arising out of or related to the Loyalty Program or the Program Rules will be governed by, construed and enforced in accordance with the laws of the State of Victoria, Australia. The exclusive jurisdiction for any claim or action arising out of or relating to the Loyalty Program or the Program Rules may be filed only in the state or federal courts located in the State of Victoria, Australia.
15. Membership in the Loyalty Program and the earning and redeeming Rewards are subject to all applicable local laws and regulations. Membership in the Loyalty Program, Benefits, and any other Member benefits are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the Member’s jurisdiction of residence. If any part of the Program Rules is held to be unlawful or unenforceable, that part will be deemed deleted from the Program Rules in such jurisdiction and the remaining provisions will remain in force.
16. The Program Rules, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and any and all Members relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by publishing such amendments or modifications on the Loyalty Program Website and Application.
17. All monetary amounts are exclusive of GST unless expressly stated. 
18. Definitions

“Act” means the Competition and Consumer Act 2010 (Cth).

“Australian Consumer Law (ACL)” means Schedule 2 of the Act.

“Application”, “App”  means the TodayTix Application. 

“Benefits” means any and all awards or benefits earned by or available for purchase by Members in connection with the Loyalty Program, including TixCash, Ticket Protection, TodayTix Moments and Seat Upgrade.

“Consequential Loss” means any loss, damage or costs incurred by a party or any other person that is indirect or consequential in the ordinary course of events from the breach, action or inaction in question, including loss of revenue; loss of income;

“Consumer Guarantees” means the consumer guarantees provided under the Australian Consumer Law.

“Eligible Ticket” means a purchase of a ticket for  where the ticket costs more than AUD $5 (not including any taxes or fees).

“GST” means Goods and Services Tax.

“Lottery Program” means the lower price ticket program run by the Company for certain show and events.

“Lottery Multiplier” means the number of chances a Member has in the Lottery Program.

“Loyalty Program Website” means the website at rewards.todaytix.com.

“Member Support” means members can contact our support team at todaytix.com/support. 

“Perks” is the name of a prior loyalty program offered by the Company.

“Perks Credit” means a credit earned under Perks which has not expired.

“Privacy Policy” means the privacy policy applicable to Australian Members of the Loyalty Program located here at Privacy Policy and updated by the Company from time to time.

Qualifying Ticket” means  a purchase of an Eligible Ticket for an event or Show the Services for which you do not invoke Ticket Protection and which event or show is not otherwise cancelled.

“Rush Program” means lower price tickets last minute that the Company releases on a first come first served basis. 

“Services” means selling tickets for theatre shows and other theatrical events on the Company’s Website and Application.

“Ticket Protection” means  the ability to cancel a booking up to 24 hours before the performance. When redeeming Ticket Protection, consumers receive a credit voucher for the full cost of tickets and transaction fees associated with the applicable booking.

“Ticket Protection Terms and Conditions” means the terms and conditions governing the provision of Ticket Protection to Silver Tier and Gold Tier Members as set out below.

Ticket Protection. When purchasing a ticket(s) on the TodayTix App, TodayTix may offer Members optional Ticket Protection for an additional price for select shows and/or events listed on TodayTix. 

How it works: When a Member chooses to purchase Ticket Protection (when available) and cancels their order 24 hours or more before the advertised start of the show, they will be issued a TodayTix voucher worth 100% of the price of their order, including related order fees, but less the price of the Ticket Protection. If a show/event is cancelled for any reason, a voucher worth 100% of the price of the order, including Ticket Protection fees, will be issued. Ticket Protection vouchers can be redeemed for up to a year from the date the voucher is issued for any show with ticket availability on TodayTix within Australia.. 

If a Member has purchased Ticket Protection or earned Ticket Protection via the Loyalty Program and wishes to cancel their respective ticket order within the TodayTix App:

• Click “Account”
• Click on “My Orders” 
• Find the respective show you want to cancel
• Click “Options”
• Click “Cancel with Ticket Protection”
• When prompted, “Confirm” you are sure
• You will receive an email confirmation with your TodayTix voucher, along with instructions on how to use a voucher on TodayTix

Details:

• The advertised Ticket Protection fee is per ticket, and, when Ticket Protection is selected by the Member, will be applied to all tickets within the respective transaction.
• Shows eligible for ticket protection are chosen at the sole discretion of TodayTix. 
• Ticket Protection can only be made during the checkout process for the respective show you are purchasing tickets for. You may not add Ticket Protection after your order is complete. 
• Ticket Protection fees are non-refundable. 
• All times are based solely on Company’s computer clock. 
• When using any type of voucher code to purchase tickets on TodayTix, your order cannot be combined with any other promotional code, gift card, or another voucher code. 
• Vouchers have no cash value and cannot be exchanged for cash.
• Vouchers will have a declining balance and can be used on multiple occasions, however, vouchers will be locked to the first device they are used on.

 “TixCash” is the currency of the Loyalty Program TixCash and is a loyalty discount redeemable toward future purchases of the Services.

“TodayTix Moments” means industry events curated and hosted by TodayTix.

“Website” means www.todaytix.com

Contacting Us

Please submit any questions you have about these terms and conditions or any problems concerning the Site and Applications by email to AUSsupport@todaytix.com.