Terms of Service


TERMS AND CONDITIONS

Please read these terms and conditions carefully (“Terms”). These Terms govern and apply to your access and use of https://www.giggedin.com/ and services available via GiggedIn's site (collectively, the “Service”). By accessing or using our Service, you agree to be bound all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, do not use our Service.


USE OF THE SERVICE

GiggedIn allows you to discover live events around you and gets you access to events where we have arrangements, through our our site. As long as you comply with these Terms, you have the right to access and use the Service, for your own personal use. You may not: (i) copy, modify or distribute the Service for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Service; (iv) make the Service available to multiple users through any means; or (v) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.


CREATING A GIGGEDIN ACCOUNT

In order to access and use GiggedIn, you will need to register and create an account (your “Account”). By creating an Account, you represent that you are 18 or older, or be 13 or older and have your parent or guardian's consent to the Agreements. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorised third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

You can link your Account to various social networking, and other music related accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorise us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.


GIGGEDIN MEMBERSHIP

Members receive access to passes made available by GiggedIn's promoter and venue partners. Members cannot transfer or gift passes to third parties, including other GiggedIn members. GiggedIn reserves the right to change the rules of event attendance and availability to members. GiggedIn makes no guarantee on the availability of passes for accessing events.


GIGGEDIN MEMBERSHIP CYCLE

Your GiggedIn membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method, or the day after your 14 -day browsing period ends or at the time of your first RSVP. Each cycle is one month in length, and will automatically renew each month after your first payment. For example, if you RSVP to an event on the 3rd January, your membership will automatically renew on the 3rd February. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use GiggedIn. We automatically will bill the monthly membership fee to your Payment Method each month until your GiggedIn membership is cancelled or terminated.


GIGGEDIN MEMBERSHIP CANCELLATION

You may cancel your membership in your settings. Membership fees are non-refundable. When you cancel your membership, the upcoming event passes you have will also be cancelled.


TERMINATION / SUSPENSION BY GIGGEDIN

You agree that GiggedIn, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with GiggedIn or use of the Site and remove and discard all or any part of your account at any time. GiggedIn may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that GiggedIn will not be liable to you or any third party for any such termination. If you continue to recreate new accounts after GiggedIn has terminated or suspended your accounts, you agree that GiggedIn will not refund your subscription payments. GiggedIn does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be repeat infringers. GiggedIn does not permit creation of multiple accounts, and transferring or selling passes or guest list spots to others. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GiggedIn may have at law or in equity.

As a part of its efforts to maintain a civilised membership base, GiggedIn, in its sole discretion can suspend, block, cancel your account and refuse to provide service, if it deems your behavior vulgar or abusive. This includes language and behavior offline and online, towards our venue partners, other GiggedIn members, support agents in person, via email, social media, phone or SMS communication.


PURCHASE / SUBSCRIPTION TERMS AND CONDITIONS

The following Purchase Terms and Conditions are GiggedIn designed to ensure your satisfaction and understanding of the purchase process on GiggedIn. If you have any questions about the information below, please contact us. These Purchase Terms and Conditions are subject to, and incorporate by this reference, the Terms of Service. Each pass that you purchase is a license to attend a particular event, and is subject to the additional terms set forth on that pass.


CURRENCY

GiggedIn is based in Sydney, Australia. All credit card transactions are processed in Australia in Australian Dollars (AUD).


PAYMENT METHODS AND SECURITY

GiggedIn uses Stripe as its payment processor and accepts several methods of payment to accommodate your needs. We don't store your credit card information, instead we rely on Stripe to store this information for you. For repeat purchases we use your Stripe customer ID that's created through our system to process the payment. More information about this can be found on http://stripe.com

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. By subscribing to GiggedIn or submitting an order for other paid services offered through the Services, you authorise GiggedIn, or its designated payment processor, to charge a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the GiggedIn service to your Payment Method. GiggedIn may suspend or terminate the Services if fees are past due.


WHO YOU ARE BUYING FROM

GiggedIn acts as the agent to those who are promoting or otherwise providing the events for which you purchase passes, such as venues, artists' representatives and fan clubs, promoters (“Event Providers”).

If you purchase a pass through GiggedIn, you will either be purchasing that pass from: (1) GiggedIn; or (2) the Event Provider.


PRICING AND AVAILABILITY

Passes for popular events may sell out quickly. Occasionally, additional passes may be available prior to the event. However, GiggedIn does not control this inventory or its availability.


ORDER CONFIRMATION

If you do not receive a confirmation (in the form of a confirmation screen or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with GiggedIn Customer Service whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. GiggedIn will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation. Please contact contact@giggedin.com if you encounter an issue.


CANCELLED AND POSTPONED EVENTS

Occasionally, events are cancelled or postponed by the promoter, team, artist or venue. Should this occur, we will attempt to contact you. For exact instructions on any cancelled or postponed event, please check the event information online or contact us.

If an event is cancelled, please contact us at contact@giggedin.com for exact instructions.

Please make sure to include/provide your account number so we can expedite your refund if applicable.


OPENING ACTS

Opening acts or guests may sometimes tour with headlining performers. GiggedIn is not always made aware of opening acts or the length of their performances. These opening acts are subject to change or cancellation at any time without notice. No refund will be owed if an opening act is changed or cancelled.


REFUNDS AND EXCHANGES

Before purchasing subscriptions, carefully review the terms and FAQs. You understand that GiggedIn is a subscription service and it will not refund you for the months that you have subscribed. You will not contact GiggedIn to seek a refund from GiggedIn, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase subscriptions from GiggedIn. Should you do so, your passes may be cancelled, and GiggedIn may, in its sole discretion, refuse to honour pending and future subscription purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the service.

GiggedIn, in its sole discretion will determine if your account is eligible for a refund. GiggedIn agents will review your usage of your subscription, and if they conclude that you'd gotten passes to enough events that cost more than what you've paid for your membership, you will not be eligible for a refund.


GUEST LIST

GiggedIn does not facilitate ticketing for events. GiggedIn uses a guest list system with lists being sent to venues after sales close. To verify your name with the venue, you will need to show valid ID, and potentially the confirmation email you received.

There are times when GiggedIn purchases tickets on behalf of members. When this is the case, tickets will either be sent to your email or instructions will be sent in order to collect your tickets before the show.


ELECTRONIC COMMUNICATIONS

When you create a GiggedIn Account or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to subscribe to our Upcoming Events, we will use your name and email address to send the updates to you. Out of respect for your privacy, we provide you a way to unsubscribe within the emails, as well as in your settings page. Please see the Privacy Policy for more information.


LIMITATION OF LIABILITY

You assume all risks incidental to the event for which a pass is issued, whether before, during or after performance, and you waive any claims for personal injury or death against GiggedIn on behalf of yourself and any accompanying minor.


EJECTION AND CANCELLATION

Event Providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Event Provider rules. Breach of terms or rules will terminate your license to attend the event without refund. A pass is a revocable license and admission may be refused upon refunding the tickets face amount. A pass is not redeemable for cash.


YOU ARE SUBJECT TO SEARCH

You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.


PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.


UNAUTHORISED ACTIVITIES

Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users' names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.


SUPPORT SERVICE LEVEL

GiggedIn support staff will strive to respond to GiggedIn Member support requests via email within 48-72 hours. All issues should be emailed to contact@giggedin.com.


INDEMNITY

You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account violates any applicable law or regulation, or the rights of any third party.


OWNERSHIP

Our Service is protected by copyright, trademark, and other laws in Australia and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service (“Feedback”) will be the sole and exclusive property of GiggedIn and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.


TERMINATION

If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the Service.


USE OF MULTIPLE ACCOUNTS

Only one person may own one GiggedIn account at a time. GiggedIn reserves the right to cancel any persons found with multiple accounts under the same name at any time.


DISCLAIMER

You understand and agree that the Service is provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.


LIMITATION OF LIABILITY

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE AND IN NO EVENT WILL IT EXCEED AUD$69.95. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.


EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


GENERAL

These Terms are governed by the laws of the Australian Government and respective State and local governments, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. We may revise these Terms from time to time, and we will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.


SPECIAL OFFERS AND COMPETITIONS

For special offers and competitions, the 14-day browsing period may be foregone and memberships may commence immediately upon redemption of the offer. If this is the case, it will be stated upon redemption of the code.


'ON HOLD' PLAN

In lieu of cancellation, we also may give you the option to put your membership on hold at any time, subject to a reduced fee per Membership Cycle (you can find the current Hold fee in the account section). This hold fee is charged each 30 days from the date / time you are placed on a hold cycle unless you re-activate your full membership or cancel your account within this period.

If you are a paying customer and hold your account, it will schedule to hold at the end of your current billing cycle and charge the first hold fee at this point in time. If you are within a browsing period and hold your account - it will immediately put your account on hold and charge at this point in time.

Even though your membership will be on hold, your account is left active and you will be able to RSVP to any uncapped events. . All events that are not available to hold accounts will be locked in the members area. You will get an email notification once an event becomes available to you. You can reactivate your full membership at anytime at which, you will be charged the full reactivation fee at that time (less any referral credit you have) and immediately put on a new billing cycle. If your membership is on hold and you wish to cancel your membership, you may cancel at any time.

Any promotional discounts or referral credit will not be used against the monthly hold cost. All Passes held at time of cancelling account will be saved until you choose to reactivate your account.


GIFT

The following terms under the “Gifts” heading relate to you as the purchaser or user of the gift credit from the Site (“Gifts”). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PURCHASE A GIFT THROUGH THE SITE.

  • By purchasing Gifts on the Site, you certify and represent to GiggedIn that the activities in connection with which the Gifts will be used will comply with this Agreement and all applicable laws, rules, and regulations, and that the Gifts will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or GiggedIn, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other GiggedIn-related entity. An account is not required in order to purchase a Gift. If the Gift is purchased for an individual other than you, the recipient of the Gift shall be notified via email at the email address you provide during the purchase. In the event the recipient does not have an account at the time of receiving the email, they will be prompted to create an account in order to redeem the Gift. An account is required in order to redeem a Gift.
  • When you purchase a gift, you are purchasing credit to use on GiggedIn. The amount of the Gift Card you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift. If the purchase of a Gift is part of a promotional campaign wherein purchase of a Gift at a pre-determined dollar amount is awarded with additional Site credits, these credits shall only be available for use after the total amount of Gift has been exhausted. In all circumstances credits shall be used only after the exhaustion of Gift credit. Personal information that you provide in connection with the purchase or redemption of Gifts will be governed by the GiggedIn Privacy Policy. Redemption of Gifts on the Site is subject to change in GiggedIn’s sole discretion. GiggedIn’s subscription charges are deducted from the Gift balance on an account. If a charge exceeds the amount of the Gift credit, the balance will be deducted from the payment method that was selected on the account that the gift credit is applied to. An account holder may be able to obtain their gift credit balance by clicking on ‘account’ in the member’s area. If the balance payable on the account holder’s payment method is declined, the account holder will get an email notification. The payment method will then be attempted an additional four (4) times in 24-hour increments. Upon the fifth attempt being declined, the account will be cancelled and any gift credit remaining on the account will be forfeited.
  • Gift credit cannot be used to purchase other gifts. To the fullest extent of the law, Gifts cannot be reloaded, resold, transferred for value, redeemed for cash and credit cannot be applied to any other account. Unused Gift Credit balances in an account may not be transferred. Unless otherwise required by law, Gifts are not returnable or refundable for cash. To the fullest extent of the law, Gifts may not be sold or bartered to third parties. Gifts may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via Sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain GiggedIn’s prior written approval. Use of GiggedIn’s name, logo or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of GiggedIn Gifts are strictly prohibited. Furthermore, the use of GiggedIn Gifs in any manner that states or implies that any person, Site, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, GiggedIn, or any of its subsidiaries or affiliates is prohibited.
  • Gift credit will expire one (1) year from purchase date & time. If applied to an account during this period, the credit will only expire if the account is cancelled. The gift credit will not expire when an account is placed on a ‘hold account’ but the credit cannot be used to pay for any fees or charges associated with the ‘hold account’.

GIGGEDIN 14 DAYS FREE BROWSING OFFER - TERMS AND CONDITIONS

This offer (the "14 Days Free Browsing Offer"), which is made to you by GiggedIn, entitles you to view all upcoming events (as defined in the General Terms and Conditions) free for a period of 14 days.

  • Your GiggedIn membership may start with a 14-day free browsing period. The browsing period is for a period of 14 days from the date you first sign up, or as otherwise specified during sign-up and is intended to allow new members and certain former members to explore the service. You will be notified during sign-up whether you are eligible for the free browsing period.
  • We will bill your Payment Method for your monthly membership fee the day after your browsing period ends or upon your first RSVP, unless you cancel your membership prior to the end of the 14-day period (and have not RSVP'd to an event). To view the monthly membership price, visit our website and click the “Plan" link on the "Account" page. You will not receive a notice from us that your paid membership has begun.
  • You may only use this '14-days free browsing offer' once. If you have taken a '14-days free browsing offer' previously, you are ineligible for another Free browsing Offer.
  • GiggedIn reserves the right to terminate this '14-days free browsing offer' at any time and for any reason. After such time of termination, GiggedIn shall not be obligated to redeem any further '14-days free browsing offer'.
  • The '14-days free browsing offer' does not apply to voucher code redemptions.

PREMIUM EVENTS

A Premium Event is an event that incurs a special one-off access fee to RSVP. Once a pass is claimed for a Premium Event, the pass is non-refundable and non-transferrable. When claiming a pass to a Premium Event the additional charge will be clearly shown and charged to your preferred payment method immediately. Premium Events are only accessible to GiggedIn members and the member must have a valid membership up until the event RSVP deadline. If a member holds a pass to a Premium Event and their membership is cancelled prior to the RSVP deadline, their pass to the Premium Event will be forfeited without any refund of the access fee.

QUESTIONS & CONTACT INFORMATION

Please email us at contact@giggedin.com if you have any questions about our Terms.

Effective: 27th June 2017