This page (together with the documents referred to on it) tells you the terms (Terms) on which you may use our websites www.flicket.io and www.flicket.co.nz, including all sub-domains, country level domains and variants, promotional or demographic domains (Website). Use of our Website includes accessing, browsing or registering to use our Website.

The Website is operated by Flicket Limited (we, us, or our). We are a limited liability company incorporated in New Zealand under company number 6793205 and have our registered office at 1/3 Newton Street, Mount Maunganui, Tauranga, 3116, New Zealand.

These Terms, together with our Privacy Policy and any other policies related to the use of our Website, which can be found on our website, are incorporated into these terms by reference. By using our Website, you agree to comply with and be bound by these Terms. We reserve the right to change the Terms without advance notice by posting new Terms on our Website. If you do not agree to these Terms, please refrain from using our Website. Please check this page from time to time to take notice of any changes we make to the Terms.

If you have any questions, please contact support@flicket.io.

1. ACCESSING OUR WEBSITE

1.1 We grant you a limited, non-exclusive, non-sublicensable, revocable, and non-transferrable license to access and use our Website solely for your personal use. We may amend, withdraw, or suspend this license at any time and for any reason without notice.

1.2 You are responsible for arranging your own access to our Website and for ensuring that anyone that accesses our Website through your internet connection is aware of and complies with these Terms. You must not use any part of the materials on our Website for commercial purposes. 

1.3 You may print one copy and download extracts of any pages from our Website for personal reference only. You must not modify the hard or soft copies of any materials you have printed or downloaded from our Website. You must not use any illustrations, photographs, video or audio sequences or any graphics from our Website without the accompanying text and without acknowledging the source of them.

1.4 We collect, use and disclose personal information in accordance with our Privacy Policy. Our Privacy Policy explains the purposes for which we process personal information, the parties to whom information may be disclosed and the choices and rights available to you.

1.5 You must not attempt to gain unauthorised access to the server on which our Website is stored or any server, computer or database connected to our Website.

2 PROHIBITED USES

2.1 You may use our Website only for lawful purposes and not in any way that breaches any applicable law or regulation. In addition, you may not use our Website:

2.1.1 for harming or attempting to harm any individual;

2.1.2 to send, receive, upload, download, use or re-use any material which does not comply with the standards set out in section 3.2 below;

2.1.3 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); 

2.1.4 in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); and

2.1.5 to create liability for or cause damage to us in any way.

2.2 You must not: (a) access, search, or collect data from the Website by any automated means (including spiders, robots, crawlers, scrapers, or similar technologies) without our prior written consent, (b) attempt to circumvent any security or access controls, including CAPTCHA or rate limits; or (c) frame or mirror any part of the Website without our written authorization. 

2.3 You will not reproduce, duplicate, copy or resell our Website (or part of it) in breach of any of the provisions in these Terms and will not access, interfere with, damage or disrupt any part of our Website or any equipment or network on which our Website is stored or any software used in the provision of our Website.

3 UPLOADING MATERIAL TO OUR WEBSITE

3.1 If a feature allows you to upload material to our Website, or make contact with other users of our Website, then any contribution that you make must be accurate (where it states facts), genuinely held (where it states opinions) and comply with applicable law in New Zealand and in any country from which it is posted.

3.2 You must not upload anything to our Website which:

3.2.1 contains defamatory, obscene, offensive, hateful, or inflammatory, violent or sexually explicit material;

3.2.2 promotes discrimination;

3.2.3 infringes any intellectual property rights or is in breach of any obligation owed to a third party;

3.2.4 is false, inaccurate or misleading;

3.2.5 is (or could considered to be) threatening, cause annoyance, harassment, distress, embarrassment, alarm, inconvenience or needless anxiety to any other person or invade another’s privacy; or

3.2.6 be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they come from us.

3.3 We have the right to use, copy, distribute and disclose to third parties any material that you upload to our Website for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material uploaded by you constitutes a violation or breach of their rights.

3.4 We will not be responsible for the content or accuracy of any materials posted by you or any other user of our Website and we have the right to remove any material or posting you make on our Website.

4 LINKING TO OUR WEBSITE AND FRAMING

4.1 Our Website must not be framed on any other Website. You may link to our home page only, from a Website owned by you and that complies with the standards set out in item 3.2, provided you do so legally. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and any link must not damage our reputation or exploit it.

4.2 We reserve the right to withdraw this permission without notice.

5 OUR LIABILITY

5.1 We provide technology and services that enable our clients (such as venues, promoters, teams, and other event organizers) to sell and distribute tickets under their own brands and domains. We are not the event organizer, and we do not operate, produce, or control the event. We do not sell tickets to consumers on the Website, and any ticket purchases are made from the relevant organizer or their appointed merchant of record under their own terms. Questions, refunds and customer service for events are handled by the applicable organizer. 

5.1.1 Any event information accessible through the Website, including descriptions, schedules, pricing, policies, and availability, is provided by the applicable organizer or its agents. We do not warrant the accuracy, availability or completeness of organizer-provided information and are not responsible for event quality, modifications, cancellations or rule enforcement. Your relationship for any ticket purchase is with the applicable organizer or their merchant of record, not Flicket. 

5.2 THE WEBSITE AND ALL INFORMATION MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

5.3 We exclude any liability, loss, or damage whatsoever incurred by any user: (a) arising from or in connection with our Website; (b) in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it; (c) caused by a distributed denial-of-service attack, viruses or other harmful material due to your use of our Website: or (d) downloading of any material posted on our Website, or on any website linked to it. 

5.4 You agree to indemnify, defend, and hold harmless Flicket, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Services; (b) any User Content you submit, post, or transmit through the Services; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your infringement or misappropriation of any intellectual property or other rights of any third party.

5.4.1 Flicket reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Flicket in asserting any available defenses. You agree not to settle any such matter without the prior written consent of Flicket. This indemnification obligation will survive the termination of your use of the Services and these Terms

5.5 To the fullest extent permitted by applicable law, our aggregate liability to you arising out of or relating to the Website will not exceed NZ$100, and in no instance shall we have any liability for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, loss of data or loss of business opportunity (including income, revenue, goodwill, reputation or wasted management time), regardless of whether such damages were foreseeable or whether we had been advised of the possibility of such damages. Certain rights may not be excluded or limited under your local law. 

6 INTELLECTUAL PROPERTY RIGHTS

6.1 We are the owner or the licensee of all intellectual property rights in our Website and in the material published on it, including, but not limited to, any content, text, images, software, databases, graphics, code, compilation and the design, selection and arrangement thereof. Those works are protected by copyright laws and by treaties around the world. All such rights are reserved.

6.2 Our name, trademarks, logos, and all related names, logos, products, services, offerings, designs and slogans shall be deemed property of Flicket and you must not use any of the foregoing without our prior written consent.

6.3 Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there or any results that may be obtained from using them. Please be aware that the privacy policies applicable to those other websites may be different from the privacy policy applicable to our Website.

7 VIRUSES AND OTHER OFFENCES

7.1 You must not misuse our Website by knowingly or recklessly introducing viruses or other material which is malicious, harmful or which disrupts the current operation of our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

7.2 We use measures intended to safeguard our systems and your data; however, you should take appropriate steps to protect your information and devices. 

8 SUSPENSION AND TERMINATION

8.1 We will determine, in our sole discretion, whether there has been a breach of these Terms by you and, in such cases, we may take such action as we deem appropriate, including without limitation:

8.1.1 withdrawal of your right to use our Website;

8.1.2 removal of any material uploaded by you to our Website;

8.1.3 legal proceedings or legal action against you; and/or

8.1.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

8.2 We exclude liability for actions taken in response to breaches of these Terms.

8.3 We may modify, suspend or discontinue any part of the Website at any time, with or without notice, without liability to you or any third party. 

9 JURISDICTION AND APPLICABLE LAW

9.1 These Terms and the use of our Website are governed by the law of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand. Our Website can be accessed around the world and those who access the Website from other countries do so at their own volition and are responsible for compliance with local law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms

9.2 If any provision of these Terms is found to be illegal or unenforceable, that provision will be deemed modified to the minimum extent necessary to make it legal and enforceable, and the remaining provisions will remain in full force and effect.

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