Book Me In Scotty User Agreement – Australia/New Zealand

1. Introduction and Key Terms
2. Registration and Your Account
3. Terms and Conditions – Listing and Selling Tickets
4. Terms and Conditions – Buying Tickets
5. General Terms and Conditions
6. Jurisdiction-Specific Contacts

Important Terms

Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. We draw the following provisions to your attention:

1. Book Me In Scotty provides an online platform to facilitate the event organization and resource management, including sale and purchase of Tickets and Book Me In Scotty is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Book Me In Scotty Services.
2. Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16). Where refunds are payable, it will be the Host and not Book Me In Scotty that will be responsible for refunds (unless caused by Book Me In Scotty and required by law).
3. Book Me In Scotty limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. See Book Me In Scotty and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24).
4. Book Me In Scotty may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Book Me In Scotty (paragraph 20.2).
5. Book Me In Scotty may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests.See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9).

A. Introduction and Key Terms

• THESE TERMS AND CONDITIONS

  • Other than as set out below, you (“User”, “you”, “your”) are contracting with Book Me In Scotty Pty Ltd. (“Book Me In Scotty”), whether you are using the Book Me In Scotty Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Book Me In Scotty. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Book Me In Scotty” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@wp.bookmeinscotty.com

Country	Address	Company
Australia	463 Nepean Hwy, Frankston VIC 3199	Book Me In Scotty Pty Ltd. ACN  639 065 419

• Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Book Me In Scotty Services.
• Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
• Please note:

  • Book Me In Scotty provides an online platform to facilitate the sale and purchase of Tickets;
  • Book Me In Scotty is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Book Me In Scotty Services.
  • Book Me In Scotty does not own any Tickets or set the Sale Price;
  • Book Me In Scotty does not routinely screen the content of any Listing or its suitability for individual Users;
  • Book Me In Scotty does not endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Book Me In Scotty website (“Website”);
  • Book Me In Scotty does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and
  • Book Me In Scotty is not an event organiser or promoter.

Therefore, to the maximum extent permitted by law, Book Me In Scotty is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Book Me In Scotty is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Book Me In Scotty) that is responsible for any refunds (unless required by law).

• Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Book Me In Scotty Terms of Use, Privacy Policy and Cookie Policy  carefully before you use the Book Me In Scotty Services. By using the Book Me In Scotty Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.  If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Book Me In Scotty Services.
• Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Book Me In Scotty Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Book Me In Scotty Services, including removing any Listings that you have posted.
• Contacting Book Me In Scotty: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@wp.bookmeinscotty.com  You can also check out the equivalent Book Me In Scotty’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
• Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• Conflict between Laws and these Terms and Conditions: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“NZ Consumer Law”) for events in New Zealand.

B. Registration, Your Account and User Content

• REGISTRATION

  • Registration: In order to set up a Listing or buy Tickets using the Book Me In Scotty Services you must:

    • be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
    • set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.

  • Book Me In Scotty may also offer the option to register a Book Me In Scotty Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Book Me In Scotty Services using a Third-Party Social Media Site, you are giving Book Me In Scotty permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
  • If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers.

• YOUR ACCOUNT

  • Password: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Book Me In Scotty. You may not use another User’s Account without that User’s permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions.
  • Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
  • Financial Checks: You permit Book Me In Scotty and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Book Me In Scotty may pass your Account and payment card details on to such third-party contractor to carry out such checks.
  • Privacy Policy: Please refer to the Book Me In Scotty Privacy Policy and the Cookie Policy for more details on how we use and protect your Book Me In Scotty Account Information.
  • International: Your Account can be used to access and use the Book Me In Scotty Services on the Website and any international platform operated by Book Me In Scotty and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.

• USER CONTENT

  • User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Book Me In Scotty Services in connection with the creation or booking of Listings.
  • User Content Warranties: In relation to your User Content, you represent and warrant that:

    • you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Book Me In Scotty Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
    • you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Book Me In Scotty Services and these Terms and Conditions;
    • Book Me In Scotty’s use of your User Content as contemplated by these Terms and Conditions and the Book Me In Scotty Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
    • your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
    • Book Me In Scotty may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
    • to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.

  • User Content Licence Grant: By posting any User Content on the Book Me In Scotty Services, or providing User Content for Book Me In Scotty or an affiliated company of Book Me In Scotty to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Book Me In Scotty and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Book Me In Scotty Services and Book Me In Scotty’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Book Me In Scotty Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Book Me In Scotty Services a non-exclusive licence to access your User Content through the Book Me In Scotty Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Book Me In Scotty Services and under these Terms and Conditions.
  • Book Me In Scotty and User Content: To the maximum extent permitted by law, Book Me In Scotty takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Book Me In Scotty Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Book Me In Scotty shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content.

C. Terms and Conditions – Listing and Selling Tickets

• CREATING A LISTING

  • Permissible Listing Purposes: The Book Me In Scotty platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Book Me In Scotty platform must not be used for any other purpose.
  • Listing Responsibility of Host: By creating a Listing using the Book Me In Scotty Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
  • Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Book Me In Scotty are sold to fans as marketed.
  • Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing.
  • Service Charge Preference: The Host can elect whether the Service Charge will be

    • included in the base Sale Price you have nominated (in which case such amount will be collected by Book Me In Scotty prior to settlement of sales proceeds); or
    • added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer).

The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b).

• Listing Description: The Host must provide all the Event information in the Listing, including:

  • the location of the Event;
  • the name of the Event and performer(s) (if relevant);
  • the date of the Event;
  • the name and address of the Venue;
  • the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • the Sale Price of each Ticket (inclusive of all GST, fees and charges applicable to the Ticket but excluding the Service Charge and Transaction-level charges);
  • a seat map of the Event (if applicable);
  • confirmation that applicable taxes are included in the Transaction Value;
  • whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price;
  • whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any;
  • any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
  • any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.

• Compliance: When creating a Listing or when Book Me In Scotty notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Book Me In Scotty assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
• Donations: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Book Me In Scotty may request, and the Host shall promptly provide all details on its Book Me In Scotty account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties.
• Host Warranties: The Host represents and warrants to and for the benefit of Book Me In Scotty, that any Listings that they create:

  • relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
  • include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers;
  • if booked, will be honoured, unless otherwise agreed with the Buyer;
  • contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
  • do not infringe any third-party rights (including intellectual property rights);
  • are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
  • do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • do not in any way contain fraudulent or inaccurate or misleading information;
    Please note: selling stolen or counterfeit property is a crime and Book Me In Scotty will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Book Me In Scotty Services.
  • are not defamatory, abusive, threatening or obscene;
  • are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • do not attempt to solicit any Users to use a third party service that competes with the Book Me In Scotty Services;
  • do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event;
  • where the Host collects donations using the Book Me In Scotty Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Book Me In Scotty will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
  • do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • cannot reasonably be construed (in Book Me In Scotty’s opinion acting reasonably) to be associated with any terrorist organisations; and
  • do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.

• Applicable Taxes: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should support@wp.bookmeinscotty.com .
• Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
• Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Book Me In Scotty reserves the right to remove the Listing from the Book Me In Scotty Services.
• No Book Me In Scotty Guarantee: Book Me In Scotty does not guarantee that Listings made via the Book Me In Scotty Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Book Me In Scotty accepts no responsibility.
• SALE OF TICKETS

  • Payment Processing Preferences: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
  • Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
  • Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
  • Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
  • Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Book Me In Scotty shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Book Me In Scotty to the Buyer.

• BOOK ME IN SCOTTY PAYMENTS

  • Book Me In Scotty Payments: Book Me In Scotty Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
  • Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Book Me In Scotty) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event.
  • Payment Details: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times.
  • Account Balance: Hosts will be notified by email once funds are available for withdrawal. Book Me In Scotty shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
  • Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Book Me In Scotty at support@wp.bookmeinscotty.com with such request.
  • Withholding Payment: Book Me In Scotty reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Book Me In Scotty, or any amounts due as a result of a breach of these Terms and Conditions, pending Book Me In Scotty’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Book Me In Scotty reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
  • Refunds: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Book Me In Scotty account to cover the refund amount, the Host will immediately add sufficient funds to its Book Me In Scotty account to enable Book Me In Scotty to facilitate the payment of the refund to the Buyer. Book Me In Scotty will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Book Me In Scotty account. The Host will be charged the Service Charge, which shall be retained by Book Me In Scotty. Book Me In Scotty reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host.

• STRIPE PAYMENTS

  • Stripe Payments: By setting up a Stripe Connect account via the Stripe website (for Australia or New Zealand, as applicable), Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe.
  • Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge shall be paid directly to Book Me In Scotty.
  • Refunds: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Book Me In Scotty shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility.
  • Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Book Me In Scotty.

• CHARGEBACKS

  • Chargebacks: Any credit card chargebacks or other Transaction reversals initiated against Book Me In Scotty or its affiliates for any reason (except to the extent they are caused solely by Book Me In Scotty’s negligence or willful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Book Me In Scotty or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Book Me In Scotty for such amounts on demand. Book Me In Scotty reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Book Me In Scotty’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Book Me In Scotty shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Book Me In Scotty shall have no obligation to challenge any chargeback request and shall do so at its own discretion.

• CANCELLED, RESCHEDULED AND POSTPONED EVENTS

  • Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law.
  • Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Book Me In Scotty will refund the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
  • Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Book Me In Scotty will refund the Service Charge).
  • Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities.

• USE AND COLLECTION OF DATA BY HOSTS

  • Book Me In Scotty gathers Book Me In Scotty Buyer Data independently for its own purposes. Book Me In Scotty shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
  • The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes.
  • Book Me In Scotty and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Book Me In Scotty and the Host:

    • is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
    • shall implement appropriate technical and organisational measures to protect Book Me In Scotty Buyer Data and Host Copy Data respectively from a Personal Information Breach.

  • Data Processing: Where Book Me In Scotty processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply.
  • The scope of the processing carried out by Book Me In Scotty on behalf of the Host under paragraph 11.4 is as follows:

    • scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
    • duration: the term of these Terms and Conditions;
    • types of Personal Information: name, email, contact details; and
    • categories of data subjects: Buyers of Host Listings.

  • In relation to Book Me In Scotty’s processing under paragraph 11.4, Book Me In Scotty shall:

    • follow the Host’s documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Book Me In Scotty;
    • inform the Host if, in Book Me In Scotty’s opinion, the Host’s instructions infringe the Data Protection Legislation;
    • ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach;
    • inform the Host if it becomes aware of a Personal Information Breach;
    • assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Book Me In Scotty on behalf of the Host;
    • at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually;
    • not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and
    • on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Book Me In Scotty is obliged to retain such Personal Information under applicable law.

  • To the extent that Book Me In Scotty requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Book Me In Scotty a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Book Me In Scotty Services. Book Me In Scotty shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Book Me In Scotty shall remain liable for the acts and omissions of its sub-processors.
  • The Host indemnifies Book Me In Scotty against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Book Me In Scotty may incur arising out of: (i) Book Me In Scotty’s compliance with any instruction given by Host to Book Me In Scotty in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.

• HOST TOOLS

  • The Book Me In Scotty Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Book Me In Scotty provides the Host with access to Host Tools, the Host shall:

    • comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
    • keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party;
    • have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures;
    • ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and
    • be solely responsible and liable for any activities conducted using Host Tools (whether by Book Me In Scotty on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Book Me In Scotty from any losses incurred out of or in connection with any infringements of such laws and/or regulations.

  • In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):

    • delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
    • disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
    • sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
    • hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Book Me In Scotty’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.

  • The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
  • The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Book Me In Scotty agrees to take reasonable security precautions to avoid such occurrences, Book Me In Scotty does not guarantee or warrant that such occurrences will not take place.

• ENFORCEMENT ACTION AGAINST HOSTS

  • Removal of Listings: Book Me In Scotty reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if:

    • Book Me In Scotty reasonably suspects that the Host is unable to pay its debts or Book Me In Scotty is otherwise entitled to terminate your account in accordance with paragraph 20.1;
    • Book Me In Scotty reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions;
    • Book Me In Scotty reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions;
    • Book Me In Scotty reasonably suspects any unauthorised use of a Host’s Account and/or of the Book Me In Scotty Services;
    • a Listing does not comply with applicable legislation; and/or
    • a breach of these Terms and Conditions occurs.

D. Terms and Conditions – Buying Tickets

• PRICE AND PAYMENT

  • Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
  • Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
  • Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Book Me In Scotty will not rectify any issues that arise outside of Book Me In Scotty’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable).
  • Payment Information: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
  • Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
  • Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
  • Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer.
  • Ticket Resale: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (Price Cap) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Book Me In Scotty cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites.
  • Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
  • After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Book Me In Scotty.
  • Donations: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Book Me In Scotty does not control or accept any responsibility or liability for any donations pledged by the Host. Book Me In Scotty does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets.
  • Foreign Currency: Book Me In Scotty provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

• CANCELLATION AND REFUNDS

  • Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase.
  • Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Book Me In Scotty will only issue refunds on the condition that the Host has provided the funds to enable it to do so. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
  • Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Book Me In Scotty within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Book Me In Scotty to request that it resolves the dispute, in which case Book Me In Scotty shall finally resolve the dispute in its discretion (acting reasonably). Book Me In Scotty shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Book Me In Scotty.

• ENFORCEMENT ACTION AGAINST BUYERS

  • Cancelling Transactions: Book Me In Scotty, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if:

    • Book Me In Scotty reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
    • Book Me In Scotty reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Book Me In Scotty Services; and/or
    • a breach of these Terms and Conditions occurs.

• MERCHANDISE AND ADD-ONS

  • The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Book Me In Scotty and Book Me In Scotty’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.

• PRIVACY POLICY:

  • Please refer to the Book Me In Scotty Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.

E. General Terms and Conditions

• DEFINITIONS AND INTERPRETATION

  • In these Terms and Conditions:

“Account” means the account set up by you to use the Book Me In Scotty Services.

“Additional Buyer Data” means any data the Host instructs Book Me In Scotty to collect about the Host’s Buyers as part of a Listing, that is not also Book Me In Scotty Buyer Data.

“Data Protection Legislation” means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time.

“Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Book Me In Scotty Services.

“Feedback” means feedback, comments and suggestions for improvements to the Book Me In Scotty Services posted by Users.

“Force Majeure” means any cause beyond Book Me In Scotty’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.

“Host Copy Data” means a copy of that part of the Book Me In Scotty Buyer Data that Book Me In Scotty passes or makes available to the Host to the extent necessary for a Host’s Listing.

“Host Tools” means any equipment and/or software and related services that Book Me In Scotty provides to Host as part of the Book Me In Scotty Services e.g. reporting, email management or data analytics.

“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.

“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.

“Payment Processing Method” means one of the two methods of payment processing, either Book Me In Scotty Payments or Stripe Payments, when selling Tickets using the Book Me In Scotty Services.

“Personal Information” has the meaning given to it in the Data Protection Legislation.

“Personal Information Breach” means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.

“Sale Price” means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Book Me In Scotty Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge.

“Service Charge” means the service charge payable to Book Me In Scotty for the provision of the Book Me In Scotty Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Book Me In Scotty prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate.

“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.

“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google.

“Threshold Amount” means A$10 or NZ$10 (as applicable).

“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.

“Total Sale Price” means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge.

“Transaction” means a transaction undertaken via the Book Me In Scotty Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).

“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.

“Book Me In Scotty Account Information” means the Personal Information you upload when registering your Account.

“Book Me In Scotty Buyer Data” means the data collected by Book Me In Scotty from Buyers as part of their use of the Book Me In Scotty Services.

“Book Me In Scotty Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Book Me In Scotty who will remit the Sale Price amount(s) to the Host.

“Book Me In Scotty Services” means all of Book Me In Scotty’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Book Me In Scotty or an affiliated company of Book Me In Scotty.

“Venue” means any site, facility or location where an Event is held.

“Website” means any website run or provided by Book Me In Scotty, including any software application available for download to a smartphone which contains a modified version of the Website.

• TERMINATION

  • Termination by Book Me In Scotty: Book Me In Scotty reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Book Me In Scotty Services in the future if:

    • any abusive or threatening behaviour is reported to Book Me In Scotty as being carried out by you or via your Account;
    • Book Me In Scotty reasonably suspects any unauthorised use of your Account and/or the Book Me In Scotty Services;
    • Book Me In Scotty reasonably suspects any fraudulent activity or other illegal activity relating to your Account;
    • you otherwise breach these Terms and Conditions;
    • Book Me In Scotty is ordered to do so by any local legal or regulatory authority;
    • you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
    • Book Me In Scotty provides you with 30 days’ written notice of termination, at Book Me In Scotty’s election.

  • Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@wp.bookmeinscotty.com  If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Book Me In Scotty to refund Buyers, if using Book Me In Scotty Payments. Please note that if your Account is cancelled, Book Me In Scotty does not have an obligation to delete or return to you any User Content you have posted to the Book Me In Scotty Services.
  • Consequences of Termination: Termination of your Account shall not affect either your or Book Me In Scotty’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

• BOOK ME IN SCOTTY SERVICE RULES

  • Rules: In connection with your use of the Book Me In Scotty Services, you may not and you agree that you will not:

    • breach any local, state, provincial, national, or other law or regulation, or any order of a court;
    • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
    • interfere with or damage the Book Me In Scotty Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
    • use the Book Me In Scotty Services in connection with the distribution of unsolicited commercial emails (“spam”) or advertisements unrelated to the Book Me In Scotty Services;
    • “stalk” or harass any other User of the Book Me In Scotty Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Book Me In Scotty Services);
    • submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
    • submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
    • register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
    • recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Book Me In Scotty, without Book Me In Scotty’s prior written approval;
    • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
    • use automated scripts to collect information or otherwise interact with the Book Me In Scotty Services;
    • use the Book Me In Scotty Services to find a Host or Buyer and then complete the Transaction independent of the Book Me In Scotty Services in order to circumvent the obligation to pay any fees related to Book Me In Scotty’s provision of the Listing;
    • as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
    • use, display, mirror or frame the Book Me In Scotty Services, or any individual element within the Book Me In Scotty Services, Book Me In Scotty’s name, any Book Me In Scotty trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Book Me In Scotty’s express written consent;
    • access, tamper with, or use non-public areas of the Book Me In Scotty Services, Book Me In Scotty’s computer systems, or the technical delivery systems of Book Me In Scotty’s providers;
    • attempt to probe, scan, or test the vulnerability of any Book Me In Scotty system or network or breach any security or authentication measures;
    • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Book Me In Scotty or any of Book Me In Scotty’s providers or any other third party (including another User) to protect the Book Me In Scotty Services or any content thereon;
    • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Book Me In Scotty Services;
    • reproduce or scan Tickets in a format or medium different from that provided by the Website;
    • use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
    • advocate, encourage, or assist any third party in doing any of the foregoing.

  • Legal Action: Book Me In Scotty reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Book Me In Scotty Services. Book Me In Scotty may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Book Me In Scotty a sufficient remedy and that Book Me In Scotty may pursue injunctive or other relief for your violation of these Terms and Conditions. If Book Me In Scotty determines that you have violated these Terms and Conditions or any local or national law, Book Me In Scotty may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Book Me In Scotty Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Book Me In Scotty will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Book Me In Scotty will not be required to make the Website or your account or any related information available to you.

• WARRANTIES AND INDEMNITIES

  • True Information: You represent and warrant that the information that you submit to Book Me In Scotty for your Account and in your use of the Book Me In Scotty Services is true, accurate and complete and you will not use false information, including name and email address, in using the Book Me In Scotty Services.
  • Legal Compliance: You represent and warrant that in using the Book Me In Scotty Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
  • Tax Indemnity: You agree that Book Me In Scotty is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Book Me In Scotty Services you are trading as a business, you hereby indemnify and hold Book Me In Scotty harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Book Me In Scotty that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Book Me In Scotty.
  • General Indemnity: You agree to indemnify and hold Book Me In Scotty and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Book Me In Scotty Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.

• LIABILITY

  • Book Me In Scotty Disclaimer: Due to the nature of Book Me In Scotty’s business, and the fact that Book Me In Scotty cannot control Users’ acts or omissions, to the maximum extent permitted by law, Book Me In Scotty makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
  • Event Attendance: Under no circumstances shall Book Me In Scotty be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Book Me In Scotty’s negligence. Neither shall Book Me In Scotty be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
  • Book Me In Scotty’s Liability: You agree that you have no claim against Book Me In Scotty for the actions, whether negligent or intentional, of any other User of the Book Me In Scotty Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Book Me In Scotty is at fault. If a dispute arises between a Buyer and Host, you release Book Me In Scotty (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
  • Exclusion of Liability: To the fullest extent permitted by applicable law, Book Me In Scotty (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Book Me In Scotty Services. Nothing in these Terms and Conditions shall limit or exclude Book Me In Scotty’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Book Me In Scotty’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
  • Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Book Me In Scotty is found to be liable, Book Me In Scotty’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
  • Force Majeure: Book Me In Scotty will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.

• DISPUTE RESOLUTION

  • If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Service who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Book Me In Scotty as soon as possible.
  • Book Me In Scotty shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Book Me In Scotty.
  • The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute.

• GENERAL

  • Applicable Taxes: As a User of the Book Me In Scotty Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Book Me In Scotty cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Book Me In Scotty Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Book Me In Scotty is required to collect such taxes, the applicable tax will be added to your billing account and Book Me In Scotty will issue a receipt on request from a Host as required by law.
  • Waiver: If Book Me In Scotty delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Book Me In Scotty has waived the right to do so.
  • Assignment: Book Me In Scotty shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
  •  Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
  • Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
  • No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Book Me In Scotty in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Book Me In Scotty beyond the relationship created herein.
  • Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
  • Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

F. Contact Us

If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact Customer Service. b