VIP NOW Terms and Conditions of Sale

  • Client means you, personally, if you are an individual or if you are acting on behalf of an entity (within the meaning of the Corporations Act 2001), then that entity described in the Order, and you warrant that you have authority to bind that entity to this Agreement.

  • TEG Live Pty Limited (ABN 25 150 055 100) trading as VIP NOW of Level 3, 175 Liverpool Street, Sydney NSW 2000 (the “VIP Now”).

    1. Definitions. The following definitions apply in this Agreement:

Agreement means these terms and conditions, the Order, the Ticketing terms and conditions and any other document referred to herein as being a part of this agreement.

Applicable Laws means all applicable laws, Acts of Parliament, regulations, ordinances, local laws, by-laws, awards, orders, judgments, licenses, rules, permits, agreements, instruments, and requirements and all applicable codes, standards, guidelines, practices, and policies.

Event means a live ticketed entertainment event offered by VIP Now as part of a Package.

Event Organisers means the ticketing service provider, venue, agents, promoters, artists, performers, talent, clubs, associations, sporting organisations, retailers and other persons involved in the organisation and staging of an Event.

GST has the meaning given to it in A New Tax System (Goods and Services Tax) Act 1999

Intellectual Property Rights means all current and future copyright and neighbouring rights (including moral rights), all rights in relation to inventions (including patents), registered and unregistered trademarks, trade secrets, business names, domain names, registered and unregistered designs, circuit layouts, confidential information, and all other rights resulting from intellectual activity in the industrial, scientific, literary, or artistic fields.

Loss means any loss, debts, sums of money, liabilities, damage, cost (including legal costs), expense, injury of whatsoever nature incurred by the Client relating to this Agreement.

Order means the Client's separate order requesting that VIP Now supplies an offered Package.

Package means associated products and services as described in an Order, including any number of Tickets for admission to the Event.

Representative of a party means that party's director, or authorised officer, employee, or agent.

Tickets mean a revocable licence of admission to attend the Event, evidenced by a ticket.

Ticketing Terms and Conditions means any Event Organiser’s terms and conditions which apply to the Order (including the VIP Now T&Cs https://vipnow.com.au/pages/terms-conditions).

  1. Role of Supplier. VIP Now sells Packages on behalf of the Event Organisers or on its own. The deliverables as part of the Package will be described in the relevant Order the Client has requested. All Orders are subject to availability and are not finalised until payment has been received in full for the Package. VIP Now reserves its right to cancel an Order, at any time, if the Client:

    • fails to comply with the Ticketing Terms and Conditions.

    • does not make payment in full by any due date; or

    • breaches this Agreement.

To the furthest extent permitted by Applicable Law, the Client acknowledges and agrees that if VIP Now terminates the Order in accordance with this clause 2, the Client will not be entitled to a refund, except where a refund is permitted in accordance with the Ticketek Terms and Conditions (less any service fees).

  1. Terms and Conditions. This Agreement governs the Order and Package and are subject at all times to the Ticketing Terms and Conditions. The Client agrees to comply with the Ticketing Terms and Conditions for the Event, which are read into this Agreement as if stated here in full.

  2. Term. This Agreement takes effect from the date the Order is received, and the Client agrees to be bound to this Agreement, which expires upon completion of the date of the Event.

  3. Order. An Order can be made online or through any other platform identified by VIP Now and will describe the products and services, the Event, Ticket, venue details and any special features of the Package being offered, such as exclusive seating arrangements, corporate packages, catering, car parking, and other items. Certain items as part of the Package may be subject to availability and reasonable substitute. VIP Now will endeavour to provide reasonable notice where any changes may be made to the Package and offer either (i) replacement of an unavailable item; (ii) refund of the portion of missing item; or (iii) where there is a material change to the Package, a full refund of the Order and cancellation of the Tickets. Package details, including Tickets, will be sent to the Client to a nominated email address or postal address (where available). Additional fees may apply for postal delivery.

  4. Changes to Client’s Order. The Client may request from VIP Now in writing to cancel or change an Order, which may be accepted, rejected, or conditionally accepted in VIP Now’s absolute discretion. If the Client wishes to alter or cancel the booking as requested, any such alteration or cancellation must be confirmed in writing by VIP Now before taking effect. The Client accepts that additional charges may be applied prior to any alterations being applied, to be paid in full by the Client. Where a cancellation is accepted up to or greater than thirteen (13) weeks prior to the date of the Event, the Client will be liable for 50% of the total price of the Order; and where cancellation is less than thirteen (13) weeks prior to the date of the Event, the Client will be liable for the total price of the Order.

  5. Payment. The Client must pay VIP Now the price described in the Order plus GST by the due dates, subject to receipt of a valid tax invoice. Unless otherwise stated at the time of booking, the Client must pay a deposit of 50% of the total price of the Order within 14 days from the date of the Order (Deposit) with the final payment made no less than thirteen (13) weeks prior to the date of the Event. Where a booking is made within six (6) months from the date of the Event then the total must be paid within seven (7) days from the date of the Order. The Client is required to provide a valid credit card, or if making payment by electronic funds transfer, a remittance with the Order number referenced. The Client acknowledges and agrees that any failure to make payment of any instalment or in full by a due date may result in cancellation of that Order, without notice and without refund of amounts already paid by the Client. The Client agrees that any Deposit paid upon making an Order is a reasonable pre-estimate of the costs incurred by VIP Now for processing and reserving the Package for the Client. To the furthest extent permitted by Applicable Law, VIP Now reserves its rights to recover any amounts owed to VIP Now by the Client for any Order that is cancelled by the Client or where the Client fails to make any payment in connection with its Package.

  6. Limitation of liability. To the maximum extent permitted by Applicable Law, in no event will VIP Now be liable to the Client for any loss of profit, revenue, use, opportunity, data, production, business, anticipated savings, financing costs, increased operating costs, any economic loss, punitive or exemplary damages, indirect, incidental, special or consequential loss, damage which may be suffered or similar loss whether or not in the reasonable contemplation of the parties at the time of entering into this Agreement, regardless of cause, including fault, breach of contract, tort (including negligence), breach of duty (statutory or otherwise), or strict liability.

  7. Indemnity. Each party must indemnify the other party from and against all direct Loss or claims, actions, disputes, suits, and judgments arising directly from or in connection with:

    • the negligent acts or omissions, or wilful misconduct of the indemnifying party; or

    • a breach of these Terms and Conditions.

  8. Set Off. VIP Now may deduct, set-off, withhold or counterclaim against any amount owed to the Client under this Agreement.

  9. Status. The parties acknowledge that VIP Now’s relationship with the Client is that of an independent supplier. Nothing in this Agreement constitutes any partnership, joint venture, agency, or other fiduciary type of relationship between the parties.

  10. Intellectual Property. Neither party grants or transfers any right, title or interest in any Intellectual Property Rights of the respective party to the The Client must not use any of VIP Now’s Intellectual Property Rights unless authorised by VIP Now in writing. The Client will not cause or permit anything that may amount to infringement of, misuse, interference with, damage or endangerment to VIP Now’s Intellectual Property Rights or the Event Organisers.

  11. Confidentiality and Privacy. VIP Now must keep confidential all the Client's information provided by or on behalf of the Client, including any Order. This clause does not apply to information, which is lawfully obtained from a third party, is public knowledge, is already known or is otherwise independently developed by representatives of VIP Now who have not been exposed to the information. VIP Now must also handle any personal information which it collects or discloses in connection with the Order or this Agreement in accordance with the Privacy Act 1988 (Cth), as if VIP Now were an organisation bound by that Please see our privacy policy available at https://vipnow.com.au/pages/privacy-policy.

  12. Termination for convenience. Notwithstanding any other provision of this Agreement, VIP Now may, acting reasonably, terminate an Order prior to the commencement of doors opening for an Event. In such circumstances, VIP Now’s only entitlement shall be to receive payment for any of the Packages supplied up until the date of termination, and all other amounts will be refunded within ten (10) days from the date of such termination.

15.            Termination for cause. Notwithstanding any other provision of this Agreement and without limiting any of the Client's rights and remedies, the Client may terminate this Agreement with immediate effect, in whole or in part, without liability to VIP Now, if VIP Now:

  • fails to perform its material obligations under this Agreement; or

  • fails to remedy any defective good or services.

The Client agrees that where it terminates this Agreement in accordance with this clause 14, to the furthest extent permitted by Applicable Law, VIP Now’s total liability to the Client is either (i) resupply of the Order; (ii) replacement of any defective good or service; or (iii) a full refund of any amount received by the Client in connection with the Order.

  1. Notwithstanding any other provision of this agreement  

and without limiting any of VIP Now’s rights and remedies, VIP Now may terminate this Agreement with immediate effect, in whole or in part, without liability to the Client, if the Client:

  • breaches any of the Client’s any material terms specified in the Agreement and has failed to rectify the breach within a reasonable time.

  • immediately if any fraud or suspected fraud is found by the Supplier; or

  • does not comply with the Ticketing Terms and Conditions.

  1. Force Majeure Event. A Force Majeure Event means any of the following events or circumstances which are not within the reasonable control of a party affected by it (“Affected Party”): acts of Gods, including storms or cyclones, action of the elements, epidemics, landslides, earthquakes, floods, route closures, due to washouts or impassability and natural disaster; strikes, stoppages, restraints of labour, or other industrial action, riots, malicious damage, sabotage, and civil disturbance, including acts of terrorism or war, or any direction by a Commonwealth or State or Territory Government to shut down operations.

    1. Non-performance as a result of a Force Majeure Event by a party of any obligation or condition required by this Agreement to be performed by it:

      1. will be excused during the time and to the extent that such performance is prevented; wholly or in part, by the Force Majeure event; and

      2. will not to that extent, give rise to any liability to the other party for any direct, indirect, consequential, or special losses or damages of any kind arising out of, or in any way connected with that non-performance.

    2. A Force Majeure Event affecting the performance under this Agreement by a party, will not relieve that party of liability in the event, and to that extent:

      1. Its negligence caused or contributed to its failure to perform under this Agreement; or

      2. It failed to use all reasonable endeavours to remedy the situation and to remove the event or circumstances giving rise to the Force Majeure Event.

  • A Force Majeure Event will not relieve either party from its obligations to make payments of amounts then due in respect of obligations under this Agreement.

  1. A prolonged Force Majeure Event that prevents or inhibits the performance of any obligation or condition required to be performed under this Agreement for a continuous period of 30 days or longer, and the parties are unable to agree that the Force Majeure Event can be reasonably resolved, then either party may terminate this Agreement.

  1. Variation. This Agreement cannot be varied except in writing signed by both

  2. Entire Agreement. This Agreement (together with any applicable Order) represents the entire agreement of the parties in connection with the provision of the

  3. Survival. Any obligations in this Agreement which are of a continuing nature, or which are not fully satisfied and discharged on fulfilment or termination of an Order, will continue to

  4. Provisions severable. Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void and The validity or enforceability of the remainder of the Agreement is not affected.

  5. Governing Law. This Agreement is subject to the laws of New South Wales and each party submits to the jurisdiction of the Courts of New South

  6. Live Performances. For more information regarding ticketing of Events or to obtain a copy of the Ticketing Code of Practice, contact www.liveperformance.com.au.

  7. Contact for Further Information. Please contact info@vipnow.com.au or visit www.vipnow.com.au for further information.