1.4 We sell Tickets and associated products and services on behalf of event organisers, promoters, venues, producers, artists/performers, agents, teams, record labels and other persons involved in the organisation of events (“Event Partners”). Please note that we are not responsible for organising or delivering the events themselves. Accordingly, the purchase of any tickets will also be subjected to such additional terms and conditions as the Event Partners may impose in respect of each Event, provided that in the event of any inconsistency between these terms and conditions and the Event Partners’ terms and condition, these terms and conditions shall prevail.











6. TICKET TRANSFER

6.3 By using Ticket Transfer to transfer a Ticket you have purchased (or that you have been transferred by someone else using Ticket Transfer), you are only facilitating another person using that Ticket; the contract (and associated rights and obligations) for the purchase of that Ticket remains between us and you (or the original purchaser as the case may be), regardless of the number of times the Ticket is transferred using Ticket Transfer. However, all terms and conditions applicable to the use of a Ticket shall remain applicable to such Ticket, regardless of the number of times the Ticket is transferred using Ticket Transfer.

6.4 Ticket Transfer can only be used for Tickets and not for Upsells purchased with Tickets or any non-Ticket elements of Packages.

6.5 We may cancel any transferred Tickets if we have grounds to suspect that they were obtained fraudulently, unlawfully or otherwise in violation of this clause 6, or any other provisions of these Terms & Conditions or any other applicable terms and conditions.

6.6 You can cancel a Ticket Transfer invitation but only if you do so before the recipient accepts your Ticket Transfer invitation.

6.7 IMPORTANT: Once a recipient accepts your Ticket Transfer invitation you will not be able to

use your original Ticket for event entry;

cancel or otherwise get the transferred Ticket back;

use our Fan Guarantee in relation to the Ticket (as described in clause 12); or

list your Ticket as a Resale Ticket for resale on the Ticket Exchange.

6.8 If an event is cancelled, rescheduled or materially altered, only the original purchaser of a transferred Ticket will be entitled to any refund or credit available under clause 10. We will only deal with the original purchaser of a transferred Ticket in respect of all matters relating to the Ticket and the event for which it is issued. It is the responsibility of the original purchaser of a Ticket to keep all the recipients of any transferred Tickets updated with any information we provide to the original purchaser.

6.9 To the maximum extent permitted by law, any liability we may have in connection with a Ticket will only be owed to the original purchaser of the Ticket, and not to any recipient to whom that Ticket may have been transferred (whether using Ticket Transfer or otherwise).

7. TICKET RIGHTS AND OBLIGATIONS

7.1 Any Ticket you purchase from us remains the property of the relevant Event Partners and is a personal revocable licence which may be withdrawn, and admission refused, at any time.

7.2 When you receive or collect your Tickets, please keep them in a safe place. We will not be responsible for any Tickets that are lost, stolen, damaged or destroyed following receipt or collection by you. Please note that direct sunlight or heat can sometimes damage physical Tickets. Furthermore, we strongly recommend that you do not post pictures or details of your Tickets online as this may allow third parties to counterfeit your Tickets or otherwise compromise the integrity of the Tickets and we will not be liable if you are refused entry to the event as a result.

7.3 You acknowledge that lost, stolen, damaged or destroyed Tickets may not be able to be replaced where policies set by an Event Partners prohibit us from issuing replacement Tickets (e.g., for general admission events where there is a possibility that both original and any replacement tickets may be used to gain entry, which may compromise the licensed capacity of the venue). If we are able to issue replacement Tickets, we will charge an Administration Fee of S$6.00 per physical ticket.

7.4 Where your Tickets are for allocated seats, you have a right only to seats of a value corresponding to that stated on the Ticket. We or the relevant Event Partners or venue reserve the right (whether before or during the event) to provide alternative seats to those initially allocated to you or specified on the Tickets.

8. TICKET RESTRICTIONS

8.1 When purchasing Tickets from us, you are limited to a specified number of Tickets for each event (and in some cases, per tour comprising several events). This policy is in effect to discourage and prevent unfair ticket buying practices. Tickets may be restricted to a maximum number per person (or business, as applicable), per credit or debit card and, for some events or tours, a restriction may apply per household as well. We reserve the right to cancel any order(s) for Tickets purchased in excess of the relevant limits without notice.

8.2 Tickets may be sold subject to certain restrictions on entry or use, such as restricted, obstructed or side view or a minimum age for entry. Any such restrictions will be displayed or otherwise notified to you before or at the time of booking. It is your responsibility to ensure that you read all notifications and other important information displayed or notified to you as part of the purchase process. We will not be responsible if you or any guests under your booking are refused admission because of a failure to meet or prove that you/they meet any restrictions (e.g. a minimum age requirement).

8.3 You are not entitled to purchase any Tickets as a trader acting in the course of business with the intention of reselling your Tickets for profit unless formal written permission is given by us and the relevant Event Partners in advance. If we discover or have reason to suspect that you have purchased and intend to resell, or have sold Tickets in breach of this clause, we reserve the right to cancel your Tickets without notice.

8.4 You may not resell or transfer your Tickets if prohibited by law. In addition, Event Partners may restrict or prohibit the resale or transfer of tickets for some events. Any resale or transfer (or attempted resale or transfer) of a ticket in breach of the applicable law or any restrictions or prohibition imposed by an Event Partners is grounds for seizure or cancellation of that Ticket.

8.5 Tickets purchased from us may not:

be used for advertising, promotions, contests or sweepstakes (or for other such similar commercial gain); and/or

be combined with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a package for sale or other distribution,

unless formal written permission is given by us and the relevant Event Partners in advance and provided that even if such permission is granted, use of our or any Event Partners’ trade marks and other intellectual property is subject to the express prior written consent of the owner.

9. EVENT TIMINGS AND ADMISSIONS

9.1 Please note that advertised start times of events are subject to change. Also, door opening and closing times stated in relation to an event are not indicative of the event’s start or end time (or when an artist is scheduled to play or the length of the artist’s performance), all of which remain at the relevant Event Partners’ and/or artist’s discretion and may be subject to change.

9.2 Tickets are sold subject to the Event Partners’ right to alter or vary the programme of an event due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange tickets, unless such change is a material alteration as described in clause 10, in which case the provisions of that clause shall apply.

9.3 Generally, every effort to admit latecomers will be made at a suitable break in the event, but admission cannot always be guaranteed.

9.4 The event venue may conduct security searches of you and other patrons for safety and security purposes and/or may refuse admission to patrons (including you) breaching or suspected of breaching any terms and conditions of the event or any Event Partners.

9.5 Admission to all events is subject to, and regulated by the terms and condition of the Event Partners’ and certain items (e.g. laser pens, mobile phones, dogs (except guide dogs) and patrons’ own food and drink) may be prohibited. Please check with the venue directly. The unauthorised use of photographic and/or recording equipment at events is also prohibited. Any unauthorised photos, videos and/or recordings may be destroyed or deleted. The use of drones or similar equipment for any reason in, at or near the event venue is strictly prohibited.

9.6 Breach of any of venue terms and conditions or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle the Event Partners to eject you from the venue.

9.7 Event Partners reserve the right to refuse admission to the venue, or to remove any person from the venue for reasons of public safety (including crowd surfing or moshing, possession of weapons, controlled, dangerous and illegal substances), any unacceptable behaviour likely to cause damage, nuisance or injury, or for any breach of the Event Partners´ terms and conditions.

9.8 Unless expressly authorised by the relevant Event Partners, there will be no pass-outs or re-admissions of any kind.

9.9 By attending an event, you and other patrons understand and agree to being photographed, filmed and/or recorded in relation to the event and/or for safety and security, including filming by the police. You and other patrons understand and agree that resulting photographs, videos, audio recordings and/or audiovisual recordings may be used in any and all media for any purpose at any time throughout the world (however, you may object to such use by specific request to privacy@yotix.com)

9.10 Prolonged exposure to loud music or noise may damage your hearing and we advise you and all patrons to wear adequate ear protection at events.

9.11 Special effects, which may include sound, audio-visual, pyrotechnic effects or lighting effects may be featured at an event, which may not be suitable for those with photosensitive epilepsy, or similar conditions.

10. EVENT CANCELLATIONS, ALTERATIONS AND REFUNDS

10.1 If an event is cancelled, rescheduled or materially altered, we will use reasonable endeavours to notify you once we have received the relevant information and authorisation from our Event Partners (if you book online, we will use your account details). However, we cannot guarantee that you will be informed of such cancellation, rescheduling or alteration before the date of the event. It is your responsibility to ascertain whether an event has been cancelled, rescheduled or altered and the date and time of any rescheduled event.

10.2 Cancellation: If an event for which you have purchased Tickets or Packages is cancelled in full (and not rescheduled), your order will be cancelled, and you will be refunded the Sale Price of your Tickets or Packages (Booking Fees, Order Processing Fees and Secure Ticket Upgrade Amounts are non-refundable). If you have purchased Tickets or Packages for an event takes place over several days and one or more days (but not all days) are cancelled, you may only be offered a proportionate partial refund.

10.3 Rescheduling: If an event for which you have purchased Tickets or Packages is rescheduled, Tickets and Packages will usually be valid for the new date (or you will be offered Tickets or Packages of a value corresponding with your original Tickets or Packages for the rescheduled event, subject to availability). Subject to the Event Partners’ sole discretion, you will be able to cancel your order and obtain a refund of the Sale Price of your Tickets or Packages if you notify us within the specified deadline that you are unable to attend the rescheduled event (Booking Fees, Order Processing Fees and Secure Ticket Upgrade Amounts are non-refundable). Failure to notify us within any specified deadline that you are unable to attend the rescheduled event will be deemed to be a reconfirmation of your order for Tickets or Packages for the rescheduled event, and you will not be able to claim a refund.

10.4 Material Alteration: If an event for which you have purchased Tickets or Packages is “materially altered” (as defined in clause 10.5 below), Tickets and Packages will usually be valid for the altered event (or you will be offered Tickets or Packages of a value corresponding with your original Tickets or Packages for the altered event, subject to availability). If you notify us within the specified deadline that you do not wish to attend the altered event, you will be able to cancel your order and obtain a refund of the Sale Price of your Tickets or Packages (Booking Fees, Order Processing Fees and Secure Ticket Upgrade Amounts are non-refundable). Failure to notify us within any specified deadline that you do not wish to attend the altered event will be deemed to be a reconfirmation of your order for Tickets or Packages for the altered event, and you will not be able to claim a refund.

10.5 For the purposes of these Terms & Conditions, a “material alteration” is a change (other than a rescheduling) which, in our and the relevant Event Partners’ reasonable opinion, makes the event materially different to the event that purchasers of Tickets, taken generally, could reasonably expect. In particular, please note that the following are not deemed to be “material alterations”: the use of understudies in theatre performances; adverse weather conditions; 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 delays to the starting of the performance of an event.

10.6 To claim a refund under clause 10.2, 10.3 or 10.4, please follow the instructions we provide to you. Where we instruct you to do so, you must enclose or return to us your unused Tickets and comply with any other instructions from us.

10.7 Refunds will be made using the same means of payment as you used for the initial purchase with the exception of outlet purchase at all SingPost branches and all Box Office(s)/Outlet(s) purchases using NETS payment method. We will contact you with instructions for the collection of such refunds in accordance with clause 10.8.

10.8 Any collection of a refund arising from our instructions under clause 10.7 must be made during the normal operating hours as notified to you by us, and within the time frames specified by the Event Partners (in such media as the Event Partners shall determine). Where you request a refund after such time period has lapsed, and the amount to be refunded:

remains in our possession at the time of request, we shall be entitled to charge you an Administrative Fee of up to 20% of the Ticket Price for the purpose of carrying out such refunds; or

has already been returned by us to the Event Partners at the time of request, we shall be entitled to require you to seek the refund from the Event Partners directly. For the avoidance of doubt, we shall not be bound to comply with or fulfil or satisfy any representations or undertakings of the Event Partners which conflicts with clause 10.

10.9 If you have purchased any Upsells associated with an event which has been cancelled, rescheduled or materially altered and a refund in relation to the Tickets is due to you in accordance with clause 10.2, 10.3 or 10.4, unless the Upsell is a product and has already been delivered to you or is a digital download purchased during the 14 days immediately before the date of release or at any time on or after the release date, we will also refund you the Sale Price of such Upsells purchased from us. If you elect to upgrade to Secure Tickets, the amount paid for the upgrade (Secure Ticket Upgrade Amount) is not refundable, unless required by applicable law.

10.10 Notwithstanding anything contained in these Terms & Conditions, you expressly acknowledge and agree that:

any refund to be made by us shall be made solely out of the sums provided by the Event Partners to us for the purposes of making such refund (and after the deduction of all sums due from the Event Partners to us); and

We shall not be required to make a refund or pay any amount (whether pursuant to clause 10.2, 10.3, 10.4, 10.7 or 10.9 or otherwise) where the Event Partners has not provided us with the amount of sufficient amount to carry out such refund or where we are no longer in possession of any such amount, and we shall be entitled to decline to make any refund until it is, in our sole discretion, satisfied that the Event Partners has provided us with sufficient funds to carry out the relevant refunds pursuant to this clause 10.

10.11 Without prejudice to any provision herein, save as expressly provided in clause 10.2, 10.3 and 10.4, all Items sold shall not be returnable or refundable, and we shall not be responsible to provide or procure any returns or refunds.

10.12 Other than as set out in this clause, there is generally no right to a refund (unless required by law or at the discretion of the Event Partner), including where a ticket holder cannot attend because of adverse weather conditions or if a ticket holder is unwell. Where, at the time of purchase, you elect to upgrade your booking to Secure Tickets, enhanced refund rights described in the TixProtect Terms and Conditions will also apply, subject to the requirements outlined in those terms. Secure Tickets may not be available for all events.

11. INTERPRETATION

11.1 The terms “including”, “include”, “in particular”, “e.g.” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

11.2 The headings used within these Terms & Conditions are for reference purposes only and do not affect its interpretation. Clauses references in these terms and conditions are references to the clauses of these terms and conditions of these Terms & Conditions.

11.3 Capitalised terms in these Terms & Conditions shall have the special meaning ascribed to them as set out within these Terms & Conditions.

12. WARRANTIES AND INDEMNITIES

12.1 You represent and warrant that the information that you submit to us in relation to your account and in your use of the YoTix Services is true, accurate and complete and you will not use any false information, including contact information. You further warrant and represent that you be at least 18 years old and able to enter into legally binding contracts, or (if you are younger than 18 years old) that you obtained the consent of your parent or legal guardian and that your parent or legal guardian is to be responsible for ensuring that you will abide and be bound by the terms and conditions set out in our Terms of Use and these Terms & Conditions.

12.2 You represent and warrant that in using our website, you shall comply with all applicable laws and regulations, along with the terms of these Terms & Conditions and any other applicable terms and conditions.

12.3 You hereby indemnify and hold harmless us and our affiliates along with their respective officers, directors, employees and agents (the “Indemnified Parties”) against any losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered by any Indemnified Parties arising out of or in connection with your breach of these Terms & Conditions or any other applicable terms and conditions, breach of any applicable laws or regulations, or breach of any third party rights.

13. LIMITATION OF LIABILITY

13.1 To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and our relevant Event Partners shall not be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by the Event Partners):

in any circumstances where there is no breach of contract or a legal duty of care owed by us or the relevant Event Partners;

in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our or an Event Partners’ negligence); or

to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of these Terms & Conditions and/or any other applicable terms and conditions and/or any applicable laws or regulations.

13.2 To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and our relevant Event Partners, shall not be liable for any indirect or consequential losses or loss of data, profits, revenue, earnings, goodwill, reputation, enjoyment or opportunity, or for distress, or any exemplary, special or punitive damages, arising directly or indirectly from your use of the YoTix Services and/or any purchases made under these Terms & Conditions. In particular please note that:

personal arrangements and expenditure, including travel, accommodation, hospitality and other costs and expenses incurred by you relating to an event which have been arranged by you are at your own risk, and neither we nor the relevant Event Partners shall be responsible or liable to you for any wasted or unrecoverable costs or expenditure in relation to such personal arrangements, even if caused as a result of the cancellation, rescheduling or alteration of an event for which you have purchased tickets under these Terms & Conditions; and

neither we nor any relevant Event Partners shall be responsible or liable to you for any loss of enjoyment or amenity, including where an event has been cancelled, rescheduled or altered; and

neither we nor any relevant Event Partners shall be responsible or liable to you (and you will not be entitled to any refund) if admission to a venue or event is refused or revoked at any time as a result of your breach of any Event Partners’ terms and conditions.

13.3 Unless otherwise stated in this clause 13, our and any relevant Event Partners’ liability to you in connection with an event (including, but not limited to, for any cancellation, rescheduling or alteration of an event) and any Items you have purchased shall be limited to the price paid by you for the Items, including any Booking Fees but excluding any Order Processing Fees.

13.4 We are not responsible for any internet connection errors experienced while using the YoTix Services.

13.5 We are not responsible for the actions or failures of any Venue, performer, promoter or other Event Partners. Under no circumstances shall we be liable for death or personal injury suffered by you or your guests arising out of attendance at an event, unless caused by our negligence. Neither shall we be liable for any loss or damage sustained to your property or belongings, or those of any guests under your booking, attending an event.

13.6 We will not be liable to you for failure to perform any of our obligations under these Terms & Conditions to the extent that the failure is caused by a force majeure event (meaning any cause beyond our reasonable control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments).

13.7 Nothing in these Terms & Conditions seeks to exclude or limit our or any Event Partners’ liability for death or personal injury caused by our or any Event Partners’ negligence, fraud or other type of liability which cannot by law be excluded or limited.

14. QUERIES, COMPLAINTS AND DISPUTE RESOLUTION

14.1 If we need to contact you, we will use your Yotix account contact details (or the contact details you provided at the time of purchase, if you did not purchase online). It is your responsibility to inform us immediately of any changes to your contact details, whether before or after receipt of Items. In particular, please ensure that you provide us with a valid email address as this is our preferred method of contacting you. You should also be aware that your email mailbox settings may treat our emails as junk, so remember to check your junk and/or spam folders.

14.2 If you have any queries or complaints regarding your purchase experience, please contact us here, quoting any order reference numbers.

14.3 Your query or complaint shall be acknowledged by us as soon as possible and in any event, within five business days of receipt.

14.4 We may need to contact one or more Event Partners for more information before responding to your query or complaint.

14.5 If any dispute arises, we shall use our reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement satisfactory to you, us and any relevant Event Partners. Please note, some complaints can take as much as 28 days to resolve.

14.6 For the avoidance of doubt, any complaints regarding the Event and/or regarding the Venue shall be directed solely to and dealt with by the respective Event Partners. 14.7 Please note that we do not tolerate aggressive or abusive behaviour towards our staff or representatives, or unreasonable demands or persistence being used (including any threat, abuse or harassment towards our staff or representatives in any form or any media). We reserve the right to take such action we deem reasonably necessary in the circumstances to address any such behaviour towards our staff or representatives.

GENERAL

15.1 If we delay or fail to enforce any of the provisions of these Terms & Conditions, it shall not mean that we have waived our right to do so.

15.2 We shall be entitled to assign our rights and obligations under these Terms & Conditions provided that your rights are not adversely affected.

15.3 If any provision of these Terms & Conditions is found by a competent court to be invalid or unenforceable, that provision shall be deemed to be omitted from these Terms & Conditions and this shall not prevent the other provisions from continuing to remain in full force and operate separately.

15.4 If any provision of these Terms & Conditions is or becomes illegal, invalid or unenforceable pursuant to the law of any applicable jurisdiction, this shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms & Conditions.

15.5 Any of our and our Event Partners’ affiliates, successors, or assigns may enforce these terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act (Cap 53B). Except as provided in the previous sentence, these Terms & Conditions does not create any right enforceable by any person who is not a party to it but does not affect any right or remedy that a third party has which exists or is available apart from the Contracts (Rights of Third Parties) Act (Cap 53B).

15.6 Nothing contained within these Terms & Conditions and no action taken by you or us pursuant to these Terms & Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent.

15.7 Any notice provided under these Terms & 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).

15.8 these Terms & Conditions shall be governed by and construed in all respects in accordance with the laws of Singapore and both you and we agree to submit to the non-exclusive jurisdiction of the Singapore Courts in relation to any dispute arising out of or in connection with these Terms & Conditions.