The software

  1. The owner of the 123Tix software (the software) is Wecre8 Designs Pty Limited A.B.N. 31 165 913 404 (123Tix). 
  2. The software consists of the web-based booking and ticketing software, and the supporting ticket validation App.
  3. 123Tix always remains the owner of the software. 123Tix expressly reserves to itself all rights not granted to the user in the licence.

The Licence

  1. In consideration of the payment of the licence fee by the user, 123Tix grants the user a licence to use the software, on the terms set out in the licence.
  2. Any use of the software is on the terms of this licence agreement (the licence), and any person using or accessing the software, by doing so or continuing to do so, agrees to be bound by the terms of the licence.
  3. By continuing to access or use the software, and each time the user accesses or uses the software, the user agrees that the user accesses and uses it on the terms of the licence.
  4. The licence, and the right to use the software under it, commences once the user is provided with an access password, and will expire at midnight on the day seven days after the scheduled staging of the event in respect of which the licence was granted.
  5. 123Tix is entitled to terminate the licence without notice if the user breaches the terms of the licence agreement.

Use of the software

  1. The user may access and use the booking and ticketing software by means of a web interface, by using the access password provided by 123Tix.
  2. The user may offer access by members of the public to the software by means of 123Tix's web page (use of which will be governed by the terms of use of that page), or by embedding access to the software on the user's web page.
  3. The user may access the supporting App by downloading it directly.
  4. The user may permit access to and use of the software and the user’s data by such of its nominees as it sees fit, but the user is responsible for the conduct of those persons.

Ownership and copyright

  1. The user warrants that it is the owner of copyright in or is otherwise entitled to use any text, design or logo used by the user in conjunction with the software and the user warrants that it has any necessary consent, and indemnifies 123Tix against any liability, loss or damage which 123Tix might suffer arising out of the user’s use of the software.

Prohibitions and limitations

  1. The user must not: (14.1.) re-sell, sub-license or otherwise transfer or attempt to transfer its rights under the licence; (14.2.) use or attempt to use the software in a way which is intended to or might harm the software, or impair use of the software by others;
  1. To the extent permitted by law: (15.1.) 123Tix does not warrant: (15.1.1.) that access to the software or any part of it will be available at all times; (15.1.2.) that data stored or generated by the software will not be lost, damaged or destroyed; (15.1.3.) that calculations performed by, and output from, the software are correct or error free; (15.1.4.) that use by the user of the software is legal, or authorised; (15.1.5.) that the software is suitable for use by the user, or for the user’s purposes; (15.2.) the user uses the software on an ‘as is, where is’ basis; (15.3.)123Tix gives no warranty in respect of the software, and all implied warranties are expressly negatived; (15.4.) the user acknowledges that it enters into the licence as a result of its own enquiries, and has not acted in reliance on any statements or representations by any person, except if they were made in written form and issued directly by 123Tix; (15.5.) 123Tix is not liable in respect of any loss or damage that the user might suffer as a result of using, or arising out of the use of, the software, including without limitation as a result of any claim by any other person. (15.6.) the software is licensed by 123Tix to the user for the purposes of assisting the booking and ticketing of events otherwise conducted by the user or under its direction, and accordingly: (15.7.) 123Tix is not liable for any loss or damage to any person arising out of the conduct of the event, and the user indemnifies 123Tix against any such liability; (15.8.) 123Tix is not the promoter of the event or the agent or partner of the user, and the user must not represent 123Tix as such.
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