If you are a User located in Australia and constitute a Consumer under the Australian Consumer Law while using the Services, then the following changes to the Terms of Service apply to you:
- Section 6.2 (Disclaimer of Warranties) of the Terms of Service is deleted in its entirety and replaced with the following :
- To the extent permitted by the Australian Consumer Law, Ticketgateway hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Nothing herein is intended to remove your rights to statutory guarantees provided by the Australian Consumer Laws to the extent such statutory guarantees are applicable.
- Ticketgateway uses commercially reasonable efforts to ensure that the Services are available without interruptions and transmissions are error-free. However, by the nature of the Internet, this cannot be guaranteed. In addition, Ticketgateway may take some or all of the Services down for planned repair or maintenance from time to time. Ticketgateway will use commercially reasonable efforts to notify you prior to such planned repairs or maintenance.
- Ticketgateway does not assume any responsibility for the content, products, services, actions or inactions of any User or third party before, during and/or after an event. You acknowledge that Ticketgateway has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any Users' (including Attendees', other non-Organizers' and Organizers') content or listings, or the ability of any User (including Attendees and Organizers) to perform or actually complete a transaction and Ticketgateway is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction with the Services, and Ticketgateway has no responsibility for the acts or omissions of any such third party. However, Ticketgateway wants its customers to report any such misconduct in connection with the Services by contacting us.
- The final sentence of Section 6.3 (Limitation Of Liability) of the Terms of Service is replaced with the following :
"The foregoing disclaimers shall not apply to the extent prohibited by laws applicable to you, including the Australian Consumer Law, and nothing herein is intended to remove your rights under the Australian Consumer Law, if any. To the extent that Ticketgateway is required to make certain statutory guarantees under the Australian Consumer Law and is entitled to limit the remedies available to you for breach of such guarantees, Ticketgateway expressly limits its liability for breach of such non-excludable statutory guarantees to the following remedies:
- supplying the affected services again; or
- paying the cost of supplying the services again."