Conditions of Use!

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PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND AN AUSTRALIAN RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.

  1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
  2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
  3. Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Pinoy Tiketek in its sole discretion. If membership has been revoked, Pinoy Tiketek reserves the right to refuse application or readmission to the membership program.
  4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
  5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
  6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
  7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
  8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
  9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
  10. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
  11. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
  12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
  13. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
  14. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
  15. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
  16. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
  17. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
  18. Pricing and Ticket Availability. Pinoy Tiketek sells tickets on behalf of Event Organisers which means Pinoy Tiktek does not determine the ticket prices, booking fees, postage and handling fees (if posted tickets are an option) or the seating selections. Ticket inventory is the responsibility of the Event Organiser. Given inventory set by the Event Organiser, popular events may sell out quickly. Occasionally, additional tickets may be available in addition to inventory using Pinoy Tiketek set by the Event Organiser, however the Event Organiser controls this inventory and its availability.

  19. Refunds, Exchanges and Replacement Tickets Policy. Before purchasing tickets, carefully review the event and seat selection details. Pinoy Tiketek does not issue an exchange or refund for a lost, stolen, damaged or destroyed ticket (including where a ticket does not arrive in the mail) unless (a) The Event Organiser can identify at the Venue the actual seat corresponding to the ticket for that event, or in the case of a general admission ticket, Event Organiser is able to identify (acting reasonably )and cancel the relevant ticket, and (b) you give Pinoy Tiketek a reasonable amount of notice ahead of the event that the ticket has been lost, stolen, damaged or destroyed, in which case The Event Organiser will issue a replacement ticket to you for a reasonable administration fee. A change in personal circumstances does not entitle a ticket holder to return or exchange a ticket. 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.
  20. Ticket Allocation  When the ticket stock on sale online is exhausted, you will receive the following message:
    "Unable to obtain the tickets you requested. The event may be sold out or the number of tickets requested are greater than the maximum remaining seats."
    When all tickets to an event are sold or in the process of being sold, you will receive the above message. This will happen even if you have entered a request for just one ticket and will continue until the transaction/payment for every available ticket is complete. The site will then provide an ALLOCATION SOLD or SOLD OUT notice.
  21. Cancelled Event. Occasionally, events are cancelled or postponed by the Event Organiser due to weather conditions or other situations which may affect the performers, staff or audience. If an event is cancelled, please contact the Event Organiser for information on receiving a refund. Unless indicated otherwise in relation to a particular event, if an event is cancelled or rescheduled, ticket holders will be offered seats at any rescheduled event up to the face value of the original tickets or, if the ticket holder is unable to attend the rescheduled event or the event is not rescheduled, a refund will be issued by the Event Organiser. Refunds for tickets purchased prior to the date of the original event will be given up to their face value plus the relevant per ticket booking fee. Depending on the circumstances in each case, a partial refund may be given where one day of a multi day event is cancelled. Contact Event Organiser for exact instructions if an event is cancelled or rescheduled. Please make sure to include/provide your Pinoy Tiketek order number so the Event Organiser can expedite your refund (if applicable). If you purchased a ticket at a Filipino Store or Agent, you will need to return the ticket directly to that store or agent. Postage, administration and handing charges will not be refunded on cancellation of an event. It is your responsibility to ascertain whether an event has been cancelled and the date and time of any rearranged event. If an event is cancelled or rescheduled, Pinoy Tiketek will use reasonable endeavours to notify ticket holders of the cancellation once Pinoy Tiketek have received the relevant authorisation from the Event Organiser. Pinoy Tiketek do not guarantee that ticket holders will be informed of such cancellation before the date of the event.
  22. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF BLACKTOWN, OR THE AUSTRALIAN DISTRICT COURT FOR THE DISTRICT OF NSW. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT BLACKTOWN, NSW OR THE DISTRICT OF NSW IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by inoy Tiketek, in the State of NSW, Australia. As such, the laws of NSW will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
  23. Lapsed Accounts: In order to keep Pinoy Tiketek membership roster current, if a Member does not access his or her account for a period of 2 years or more, Pinoy Tiketek may, in its sole discretion, terminate such Member's account. Pinoy Tiketek will endeavor to notify a Member of Pinoy Tiketek intent to terminate such Member's account by notice to such Member's provided email address at least 30 days prior to deactivation. If the Member fails to respond to such email notice with 30 days after the day it is sent by Pinoy Tiketek, such Member's account will be terminated as noted above. Therefore, Pinoy Tiketek strongly recommends that all Members keep their accounts and contact data current and in use. While Pinoy Tiketek desires to prevent active accounts from being terminated prematurely, Pinoy Tiketek has no obligation to maintain accounts that appear to Pinoy Tiketek to have been abandoned. Each Member agrees that failure to access his or her account for 2 years or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
  24. Verify Members' Address: Pinoy Tiketek reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from Pinoy Tiketek.
Read 4025 times Last modified on Thursday, 13 March 2014 09:54

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