Dramatix Terms and Conditions

The websites located at dramatix.com.au and all relevant domains and sub-domains and the online platforms and services offered through those websites (Website) are owned and operated by Dramatix Pty Ltd (Dramatix).

Use of our Website and access to our products and services are subject to terms and conditions governing our relationship with you when you access our Website, interact with us via social media and when you access products or services from or through us or this Website. By continuing to interact with us in any way, including by acquiring products or services from or through us, you agree that you have read and understood, and agree to be bound by these terms and conditions.

• Access to Website

  • If you disagree with any of these terms and conditions, you must stop using the Website and navigate away from it, and not access any products or services from us.

  • Any changes to the terms and conditions will be highlighted in bold for a period of 14 days following the changes being made. You must stop using the Website if you do not agree to any change in our terms and conditions. You are deemed to accept the changes if you continue to use the Website after the changes have been made available on the Website.

  • It is your responsibility to check the terms and conditions for changes when you use the Website. Dramatix does not have any responsibility to inform you of changes beyond the requirements in clause 1.2 above.

• Ticket Purchaser terms

  • Dramatix operates a ticketing agency whereby we provide third parties (Seller) the ability to sell tickets to events via our online platform. Our only responsibility is to process your payment when you buy a ticket, and to inform the promoter of the fact of your purchase.

  • When you buy tickets using our platform, Dramatix acts as a ticketing agent for the Seller. You agree that, by purchasing a ticket using the Website, Dramatix will not be responsible for any actions or omissions on the part of the Seller.

  • Dramatix does not review or moderate statements made by Sellers regarding tickets sold on the Website. We make no warranty or representation of any kind in relation to events posted by Sellers. You agree that any reliance you make on content posted by Sellers is at your own risk, and you hold Dramatix harmless from any liability arising from that reliance.

  • Events are subject to change. Sellers may, from time to time, amend, add to or withdraw from sale any event. This may include adding or substituting artists, changing venues or otherwise altering the event. If this occurs, your right to a refund will be determined by the Seller.

  • If for any reason the event is cancelled, delayed or unsatisfactory or your ticket is lost or unavailable your remedy, if any, lies against the Seller and not with Dramatix.

  • If for any reason the event is cancelled, delayed or unsatisfactory or your ticket is lost or unavailable your remedy, if any, lies against the Seller and not Dramatix.

  • The Seller reserves the right to re-schedule any event. The Seller will accept your ticket at the re-scheduled date of an event or provide a refund, inclusive of any booking fee (subject to the Seller’s own terms and conditions). A refund should be requested within seven days of the original date of the event.

  • If an event is cancelled the Seller will offer you a full refund of the ticket price (subject to the Seller's terms and conditions) unless cancellation is due to circumstances beyond the reasonable control of the Seller.

  • You as must maintain strict security of your ticket and not seek to modify, replicate or otherwise tamper with it. No liability is accepted, nor refund offered if your ticket code is compromised or tampered with or forgotten.

  • Both Dramatix and the Seller do not accept any liability of any kind, whether in contract, tort or otherwise, for any act, omission or default through negligence or other means, of third parties over whom Dramatix or the seller have no direct control.

  • Under circumstances where liability cannot be excluded, the liability is limited to the value of the purchased ticket. No claim in contract, tort or otherwise can be made by you for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by force majeure or any other event which is beyond the reasonable control of Dramatix or the Seller.

• Ticket sellers

  • If you create an account and sell tickets using the Website, you agree that:

    • you will provide accurate account details with respect to your identity and contact details.

    • you will only put up for sale tickets to events you have the authority to sell tickets to.

    • Dramatix is appointed as your agent for the purpose of issuing tickets to events that you post on the Website.

  • We will process payments from purchasers of tickets to your event, and issue them a unique ticketing code which the purchaser will be entitled to use as a ticket to the events you post.

  • In consideration for us issuing tickets to purchasers you will pay to us the ticketing Fee that we set from time to time.

  • We may set-off any amounts due for payment from you to us against any amounts due for payment from us to you.

  • We will transfer funds from Ticket sales for each event, less any set-off, to your nominated bank account after the completion of the event, within 3 business days of you requesting such payment.

  • If we have any concern as to your identity, the risk of fraud, or the possibility of malicious action, we may (in our absolute discretion):

    • withhold payment of ticketing income until we have satisfied ourselves of the accuracy of the information you have provided us, and that the event in question actually occurred;

    • refund tickets to customers; or

    • take such other action as we consider to be appropriate.

  • It is your responsibility to proactively notify us of any change or rescheduling of any event or alteration to any program or content of an event. Notification must be in writing and may include entering the new information into our website for your event.

  • You agree to indemnify us for all loss, costs and expenses incurred or liability to any third party arising from any incorrect information, the cancellation of an Event, or other act or omission by you, your agents or representatives.

  • In the event a customer disputes a transaction, you agree to reimburse us for the reasonable costs we incur (inclusive of legal fees) on a full indemnity basis in handling the dispute. Where a refund is required, you agree to pay the entire amount to us within seven days.

  • You warrant that, where tickets are sold for an event part of a festival or other 'umbrella event' that you will ensure all administrative and regulatory requirements are met, and that the sale of tickets through Dramatix does not violate any policy of the festival or umbrella event. You will be personally responsible for any penalty levied against you or us with respect to any failure to comply with administrative requirements, and will indemnify Dramatix against any and all loss or damage arising from your failure to do so, including loss of revenue on the basis of Dramatix being disqualified from selling tickets to other events part of that festival or umbrella event.

• Disclaimers

  • Dramatix does not make any guarantee regarding your ability to access the Website, which may from time to time not be accessible or functional (whether wholly or partly).

  • To the greatest extent permissible by law, Dramatix gives no warranty and makes no representation, express or implied, as to:

    • the adequacy or appropriateness of any products or services supplied by us to you for your particular needs or purposes;

    • the truth, correctness, completeness or freedom from error of any content on the Website published by someone other than us;

    • any implied warranty or condition as to merchantability or fitness of any products or other goods or services for a purpose other than that for which they are commonly used;

    • the appropriateness of the products and services for your business or personal needs, or other applications of that product.

  • Dramatix is not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss or damage to property, injury, damage to reputation, loss of use, loss of data or loss of revenues or profits, whether in contract, tort, negligence or otherwise, arising out of or in connection with your use of the Website or the products or services you access from or through us.

  • In any event, if any term or condition or obligation on our part is implied into these conditions by law then our liability is limited (at our election), to the maximum extent permitted by law, to the value of the products and services you have purchased, or the resupply of those products and services.

  • You are responsible for ensuring that the products and services we provide are appropriate for you and your business.

• Content and Intellectual Property Rights

  • The content and design of the Website and our platforms, its underlying code, and the typeface, imagery and logos used to provide our products and services form part of our intellectual property. Dramatix will defend the intellectual property rights in connection with our products and services and the Website.

  • Title and ownership of our intellectual property shall not be transferred by virtue of your use of the Website or our services.

  • Where you upload information and data to our platforms and Website you:

    • warrant that you have a right to provide us with that information and data;

    • warrant that Dramatix's storage and processing of that information and data will not infringe any third party's legal rights; and

    • grant Dramatix and our users a perpetual, royalty-free, world-wide, assignable and sub-licenceable licence to use that information and data for the purpose of providing our customers with products and services, and for our own internal purposes.

  • Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, our Website or platforms, in whole or in part.

  • You agree that you will not seek to reverse engineer, decompile or otherwise reproduce the Website or any of our products or services.

  • You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.

  • You agree to not offer our products or services for resale to any third party.

• Website Security

  • Dramatix will do its best to maintain the Website so that you have constant use, but there will be times when your use may be interrupted.

  • You agree that you will not, and will not allow any other person to:

    • use the Website or products for any illegal, unlawful, improper or infringing purpose;

    • use spiders, data scrapers, viruses or other software which may threaten the integrity and security of the Website;

    • query the website at a frequency likely to impact its accessibility for other users; or

    • upload, transmit, post or share any virus or similar computer code or software that may cause damage to, or violate the privacy of Dramatix’s data or the data of our customers.

  • You agree to use the Website in accordance with any and all applicable laws.

• Indemnity

  • To the greatest extent permissible by law, you agree to indemnify us againstv any claim or demand, including reasonable lawyer's fees, made by any third party due to or arising in any way out of your use of the Website or products or services provided by us, of infringement of any intellectual property or other right (including privacy rights) of any person.

  • Use of the products may pose a risk to your safety and that of others. You agree that you will take reasonable precautions in using the products, including, but not limited to following all instructions and manuals provided with the products (if any).

  • You agree to hold Dramatix, its officers, agents and employees harmless from any loss or damage suffered by you in using a product or services provided by us.

• Miscellaneous provisions

  • If any of these terms and conditions are at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision or part thereof shall be interpreted as severable and shall not in any way affect any other of these terms.

  • No waiver by us, in exercising any right, power or provision in this document shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.

  • If a dispute arises out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

  • Dramatix is not liable for any breach of our obligations resulting from causes beyond our reasonable control including internet outages, pandemic, epidemic, pestilence, strikes or civil unrest, and restrictions imposed by law or regulation anywhere in Australia.

  • This document and any transactions governed by it will be governed by and construed in accordance with the law of South Australia. You submit to the exclusive jurisdiction of courts in South Australia.

  • This document records the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.

  • You may not assign, delegate or novate these terms and conditions to any other person or body corporate without our written authority.

  • Dramatix retains the right to assign, delegate or novate these terms and conditions without notice.