Terms and Conditions for Sale of APACTix Tickets
Updated: November 2014
Part A: General
1. The following terms and conditions shall apply to the sale of all APACTix Tickets. By ordering the APACTix tickets:
(a) you warrant and confirm that you are at least 18 years old, or (if you are younger than 18 years old) that you have obtained the consent of your parent or legal guardian to purchase any APACTix tickets and that your parent or legal guardian has agreed to be responsible for ensuring that you will abide and be bound by the terms and conditions set out below; and
(b) you agree, on your own behalf and as agent for any person for whom you are ordering such tickets (each such person, a “Ticket Holder”) to abide and be bound by the terms and conditions set out below.
Part B: Purchase
2. All APACTix tickets for any event (“Event”) or individual show for such Event (“Show”) are sold by APACTix as an agent for and on behalf of the venue management or owner responsible for the venue (the “Venue”) in which the Event will be held ("Venue Owner") and/or the promoter for such Event (“Promoter”). Accordingly, the purchase of any tickets for an Event or Show will also be subject to such additional terms and conditions as the Promoter or Venue Owner may impose in respect of such Event or Show, provided that in the event of any inconsistency between these terms and conditions, and the Venue Owner’s and/or Promoter’s prevailing terms and conditions, these terms and conditions shall prevail.
3. All orders for tickets are subject to availability and acceptance and confirmation by APACTix. APACTix reserves the right to accept or reject any such order, and shall not be required to provide any reason for rejecting any order. Subject to the terms and conditions set out below, you will receive your tickets only after APACTix has accepted and confirmed your order.
New Era Tickets Asia Pte Ltd will be processing your credit/debit transactions. However, your credit/debit card statement will display APACTix. APACTix was incorporated in Singapore and is solely owned by New Era Tickets Asia Pte Ltd.
4. A Ticket Holder seeking to obtain a student or senior citizen discount (or such other discount as may be applicable) on the purchase price of their ticket must provide APACTix with such supporting documents as APACTix deems appropriate (including any student and/or senior citizen passes). APACTix shall be entitled to request for such documents, and such documents must be shown to APACTix at the time of ordering the tickets and/or prior to entering the venue. By submitting any such document, each Ticket Holder shall be deemed to have read, understood and agreed to the APACTix Disclaimer and Data Protection Policy, available at www.apactix.com/privacypolicy.
5. All tickets must be purchased or otherwise obtained from the Promoter, APACTix, or other entity authorised by the APACTix to sell or provide such tickets. Without prejudice to the generality of the above, any ticket purchased is personal to the Ticket Holder for whom it was purchased and the Ticket Holder shall not on-sell or otherwise transfer his ticket to any other person.
6. Where Ticket Holder has breached any obligation under Clause 4 or 5, APACTix reserves the right to deny the Ticket Holder (and any person who is holding any discounted, transferred ticket or ticket purchased from an authorised entity) entry into the Venue, Event and/or Show.
Part C: Collection
7. After APACTix has confirmed your order, you will collect your tickets within the time periods stipulated (which may vary depending on the chosen delivery method). If you have chosen to have your tickets delivered to you, you will not be required to collect the tickets. If you fail to collect your ticket within the prescribed time frame, you will not be entitled to receive such tickets or receive any refund for any such uncollected tickets.
Part D: Entry
8. For the avoidance of doubt, entry to the Event and/or Show may be subject to, and regulated by terms and conditions specified by the Promoter and/or the Venue Owner, and APACTix, the Promoter and/or the Venue Owner may deny a Ticket Holder entry into the Venue, Event and/or Show, if such Ticket Holder fails to comply with any such terms and conditions. Such terms and conditions may be specified in the advertisements and/or announcement relating to the Event and/or Show or such other mediums as the Promoter and/or Venue Owner may determine (including but not limited to APACTix’s website), and it is the responsibility of the Ticket Holder to ensure compliance with such terms and conditions. Without limiting the generality of the foregoing:
(a) infants in arms and children below the age of 2 who do not hold valid tickets for the Event and/or Show will be denied entry into the Venue, Event and/or Show unless otherwise specified by the Promoter and/or the Venue Owner;
(b) where the Promoter and/or the Venue Owner prescribe an age restriction for an Event and/or Show, all person who do not comply with such age restrictions will be denied entry into the Venue, Event and/or Show; and
(c) where a Ticket Holder is late for the Event and/or Show, APACTix, the Promoter and/or the Venue Owner may deny such Ticket Holder entry into the Venue until such time that the Promoter and/or the Venue Owner (as the case may be) deems such entry would not unduly interfere with the Event and/or Show.
9. The Promoter/Venue Owner reserves the right to refuse entry and/or evict any person(s) from the Venue if, in the Promoter/Venue Owner’s sole discretion, such person’s conduct is disorderly or inappropriate, or poses a threat to security or to the enjoyment of the Event and/or Show by others.
10. The Ticket Holder agrees to submit to any search, whether prior to entry into the Venue and/or during the Event and/or Show, for any prohibited items including but not limited to weapons, controlled, dangerous and illegal substances and recording devices. The Promoter/Venue Owner/APACTix reserves the right to refuse admission to /evict any person(s) from the Venue if any such prohibited items are found.
11. No photography, audio or video recording is allowed during the Event and Show unless otherwise stated by the Promoter. The Promoter/Venue Owner/APACTix reserves the right to evict any person(s) from the Venue for such unauthorised photography or recording.
12. Where any Ticker Holder has been refused entry to, or has been evicted from, the Venue, Event and/or Show pursuant to any of the above Clauses, such Ticket Holder shall not be entitled to any refund whatsoever.
Part E: Rights of the Promoter and/or Venue Owner
13. The Promoter may add, withdraw or substitute artistes and/or vary advertised programmes, Event and/or Show times, seating arrangements and audience capacity without prior notice.
14. The Promoter/Venue Owner may postpone, cancel, interrupt or stop the Event and/or Show due to adverse weather, dangerous situations, or any other causes beyond his reasonable control.
15. APACTix shall be entitled to collect, use and disclose, and APACTix shall be entitled to disclose to the Promoter and/or Venue Owner for their use, any or all of the Ticket Buyer’s personal data for the purposes of: (a) ticket processing; (b) Event and Show organisation; (c) promoting and marketing the Event and Show or other events or shows of the Promoter, Venue Owner or APACTix, via mail or electronic mail; (d) carrying out any billing, cancellation, postponement and/or refund; (e) complying with applicable laws and legal requirements and requests from government authorities or regulators of APACTix, the Promoter or Venue Owner; and (f) any and all activities that may be relevant, or incidental to the foregoing, including contacting Ticket Holder to provide updates on the Event or Show and appointing service providers, and transferring personal data anywhere in the world. APACTix may use the Ticket Holder's image or likeness in any live or recorded video display, photograph, picture or publicity material or website. Without prejudice to the generality of the foregoing, upon ordering of any ticket each Ticket Holder shall be deemed to have read, understood and agreed to the APACTix Disclaimer and Data Protection Policy, available at www.apactix.com/privacypolicy.
Part F: Cancellation, Postponements and Refunds
16. The Promoter will make an announcement (in such media as the Promoter shall determine) if an Event or Show has been postponed or cancelled. APACTix shall not be obliged to notify or otherwise contact any Ticket Holder in respect of or in relation to any postponement or cancellation of an Event or Show, save as otherwise expressly provided for in Clause 18. For the avoidance of doubt, APACTix shall not be bound to comply with or fulfil or satisfy any representations or undertakings of the Promoter in respect of any postponement or cancellation which conflicts with the terms in this Part F.
17. Subject to Clause 1(a), where an Event or Show has been cancelled or postponed, the affected Ticket Holder will be entitled to receive a refund in accordance with this Part F.
18. Where an Event or Show has been cancelled or postponed and the relevant Ticket Holder had purchased the ticket(s) using a credit card, APACTix will carry out the refund by crediting the credit card account from which the tickets were purchased. If such account is no longer valid, APACTix will forthwith contact the Ticket Holder, but only if and to the extent that such Ticket Holder’s contact details are made available or provided to it by or on behalf of the Ticket Holder, and the Ticket Holder will be required to collect the refund from the APACTix Main office in accordance with Clause 19.
19. Where an Event or Show has been cancelled or postponed and the relevant Ticket Holder had purchased the ticket using any payment other than a credit card (or if payment had been made by credit card, where at the time of refund, the credit card account is no longer valid), such Ticket Buyer shall, subject to Clause 20, be entitled to collect the refund from the APACTix Main Office located at No.2 Stadium Walk, Singapore Indoor Stadium, #01-08, Singapore 397691. The identity of the person collecting the refunds may be recorded by APACTix. Where the person collecting the refunds refuses to provide their relevant personal data as reasonably necessary to allow APACTix to conclusively identify such person, APACTix may not be able to process such refund.
20. Any collection of a refund made from the APACTix Main Office must be made during the normal operating hours of the APACTix Main Office, and within the time frames specified by the Promoter (in such media as the Promoter shall determine). Where a Ticket Holder requests for a refund after such time period has lapsed, and the amount to be refunded:
(a) remains in APACTix’s possession at the time of request, APACTix shall be entitled to charge the Ticket Holder an administrative fee of up to 20% of the ticket price for the purposes of carrying out such refund; or
(b) has already been returned by APACTix to the Promoter at the time of request, APACTix shall be entitled to require the Ticket Holder to seek the refund from the Promoter directly.
21. The amount to be refunded by APACTix pursuant to Clauses 18 and 19 for each ticket shall, subject to Clause 1(a), be the price paid by the Ticket Holder for such ticket and the booking fees for such ticket, provided always that the delivery / handling fees for each such ticket shall not be refunded to the Ticket Holder.
22. Notwithstanding anything contained in this terms and conditions, each Ticket Holder expressly acknowledges and agrees that:
(a) any refund to be made by APACTix shall be made solely out of the sums provided by the Promoter to APACTix for the purposes of making such refund (and after the deduction of all sums due from the Promoter to APACTix).
(b) APACTix shall not be required to make a refund or otherwise pay any amount (whether pursuant to Clause 17, 18, 19 or otherwise) where the Promoter has not provided APACTix with the amount or sufficient amount to carry out such refund or where APACTix is no longer in possession of any such amount, and APACTix shall be entitled to decline to make any refund until it is, in its sole discretion, satisfied that the Promoter has provided it with sufficient funds to carry out the relevant refunds pursuant to this Part F.
23. Without prejudice to any other provision herein, save as expressly provided in Clauses 17, 18, 19, all tickets sold shall not be returnable or refundable, and APACTix shall not be responsible to provide or procure any returns or refunds.
Part H: Limitations of Liability
24. The Ticket Holder agrees that APACTix has no control over the maintenance, operations, organisation and/or management of the Venue, Event or Show, and APACTix shall not be liable for any death or personal injury (save where such death of personal injury was caused by the negligence of APACTix), loss, damage suffered by any Ticket Holder at any Venue, Event or Show, and the Ticket Holder shall have no claims against APACTix in respect thereof.
25. Without prejudice to Clause 24, the Ticket Holder voluntarily assumes all risk and danger incidental to the Event and/or Show whether occurring prior to, during or subsequent to the actual Event and/or Show, including any death, personal injury, loss, damage or liability (save where such death or personal injury was caused by the negligence of APACTix, the Promoter, and/or the Venue Owner).
Part I: Complaints
26. Any complaints regarding the Event and/or Show shall be directed solely to and dealt with by the Promoter. Any complaints regarding the Venue shall be directed solely to and dealt with by the Venue Owner. Please find relevant contact information in the APACTix Website Disclaimer and Data Protection Policy, available at www.apactix.com/privacypolicy, for questions or complaints regarding APACTix’s collection, use or disclosure of personal data.
Part J: Rights of Third Parties
27. Save for the Promoter and/or the Venue Owner, a person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce or enjoy the benefit of any term in these terms and conditions.
Part K: Governing Law
28. Singapore law shall govern the sale of all tickets and all disputes arising in connection with such sale shall be submitted to the exclusive jurisdiction of the Singapore courts.