TERMS & CONDITIONS
Cross Hotels & Resorts operates selling voucher services via the Site as the authorised agent of event organisers, such as artists, venues, event promoters and other persons responsible for holding a relevant event (the Presenter). These terms and conditions apply to all voucher sales made by Cross Hotels & Resorts and to both the original purchaser and any subsequent voucher holders (You). By purchasing vouchers from Cross Hotels & Resorts, You agree to be bound by the following terms and conditions:
General terms and conditions
1.1. Cross Hotels & Resorts acts as agent for the Presenter in the sale of vouchers.
1.2. By purchasing vouchers through Cross Hotels & Resorts, You acknowledge that You understand You are purchasing vouchers from the Presenter and subject to the Presenters terms and conditions (You should refer to the Presenters website).
1.3. Unless otherwise specified in these Terms and Conditions, any claim or dispute in connection with vouchers or an event is between You and the Presenter.
1.4. Cross Hotels & Resorts is not liable for any claims relating to an event or voucher purchase, except as otherwise set out in these Terms and Conditions.
1.5. Except to the extent required by local laws, Cross Hotels & Resorts otherwise has no liability to You.
1.6. The Presenter reserves the right to add, withdraw, reschedule, substitute, cancel or otherwise alter performers, entertainment and/or activities, and/or vary programs, prices, venues, times, seating arrangements (including voucher categories) and audience capacity as advertised, without prior notice to You.
2. Conditions of Sale
2.1. All vouchers sold by Cross Hotels & Resorts are inclusive of local taxes (GST/VAT) unless otherwise specified.
2.2. vouchers purchased from Cross Hotels & Resorts as agent for the Presenter may be purchased from various sources such as through the Site, direct from venues and/or retail outlets.
2.3. The method of voucher sales for each event is determined by the Presenter.
2.4. The online sale of vouchers will cease upon the later of:
2.4.1. the voucher allocation being exhausted;
2.4.2. a time otherwise specified in relation to an event; or
2.4.3. 2 hours before doors open for the event.
2.5. Where concessions are applicable, suitable and valid identification must be provided for collection of vouchers and at the event. You may be refused entry or required to purchase a non-concession voucher at the venue, where you fail to produce valid proof of identification and entitlement to claim the relevant concession.
2.6. Both Cross Hotels & Resorts and the Presenter reserve the right, at their absolute discretion, not to sell vouchers to any person, agent or company.
2.7. Vouchers may not, without the prior written consent of Cross Hotels & Resorts and the Presenter be:
2.7.1. resold or offered for resale at a premium over the face value of the voucher (including but not limited to via on-line auction sites or other unauthorised resale sites);
2.7.2. used for advertising, promotions or other commercial purposes (including competitions and trade promotions); or
2.7.3. used to enhance the demand for other goods or services either by the original purchase or any subsequent voucher holder.
2.8. If a voucher is sold or used in breach of clause 2.7, the voucher may be cancelled without a refund and the voucher holder may be refused admission to the event without prior notice.
2.9. The resale of vouchers (scalping) may attract criminal penalties.
2.10. Every voucher sold by Cross Hotels & Resorts is also subject to the following:
2.10.1. The terms and conditions of the venue at which the event is held (please refer to the venues website); and
2.10.2. Any terms and conditions that may be printed on the voucher.
3. Limitations on number of vouchers purchased
3.1. Purchasing of vouchers may be limited to a specified number of vouchers for each purchaser for events to prevent voucher scalping.
3.2. If You exceed the stated voucher limit, you may have any or all of your orders and vouchers cancelled without notice by Cross Hotels & Resorts at its discretion, including but not limited to orders associated with the same name, e-mail address, billing address, credit card number or other information.
4. Conditions of Entry
4.1. Admission to an event is at the Presenter and/or venues discretion and may be subject to the following:
4.1.1. You may be denied entry into, or removed from, an event where the Presenter and/or venue has reasonable grounds to do so, including if You breach these Terms and Conditions or the venues terms, or You are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the event by others;
4.1.2. If You arrive late, the venue may refuse to admit You until a suitable break in the event;
4.1.3. You may not be permitted to take into the event, or use, cameras or other photographic or recording equipment (including but not limited to mobile phones and tablets);
4.1.4. You may be required to submit to a search of your person and/or possessions before being granted entry to an event; and
4.1.5. Entry to an event may be refused if the authenticity or validity of a voucher is questionable, including but not limited to the voucher being damaged or defaced in any way, or the voucher not being purchased from Cross Hotels & Resorts or other authorised points of sale (for example, purchase from a scalper).
5. Refunds & Exchanges
5.1. Cross Hotels & Resorts, as agent for the Presenter, will only refund vouchers in accordance with the Presenters terms and conditions.
5.2. At all times, your entitlement to a refund is at the discretion of the Presenter.
5.3. In circumstances where an event is cancelled, rescheduled or significantly relocated by the Presenter (and You cannot or do not wish to attend the rescheduled or relocated event), You must apply to the Presenter for a refund within a reasonable time after the announcement of the occurrence of the aforementioned.
5.4. If an event is cancelled, rescheduled or significantly relocated by the Presenter, all liability is limited to the amount for which the voucher was purchased (including any fees or charges).
5.5. Neither Cross Hotels & Resorts nor the Presenter will be liable for any other losses incurred by You as a result of the cancellation, rescheduling or relocation of an event, including but not limited to, any travel and accommodation expenses incurred by You.
5.6. You may wish to purchase voucher insurance to cover any of your expenses other than the cost of the voucher(s). If purchasing voucher insurance, You should download and read the insurance providers Product Disclosure Statement to determine whether the insurance product is appropriate for You.
5.7. In the event that the date, time or venue of an event is rescheduled or changed, your voucher will remain valid for the rescheduled date, time and venue.
5.8. If the Presenter authorises Cross Hotels & Resorts to issue You with a refund, Cross Hotels & Resorts will refund to You the voucher price.
5.9. Any booking, delivery and/or postage fees and any processing surcharge charged by Cross Hotels & Resorts is separate to a refund price and is not subject to a refund.
5.10. When a refund is issued, the sum refunded will not necessarily include booking, delivery and/or postage fees and any processing surcharge charged by Cross Hotels & Resorts to process the refund and pay the refund to You.
5.11. The refund of booking, delivery and/or postage fees and any processing surcharge charged is at the absolute discretion of Cross Hotels & Resorts and the Presenter.
5.12. Cross Hotels & Resorts will not offer a refund or exchange as a result of a change in your personal circumstances.
5.13. Cross Hotels & Resorts may require proof of purchase for any refund or exchange.
5.14. All refunds payable by Cross Hotels & Resorts can only be made to the credit card (whether temporary or otherwise) used in the original transaction to purchase the voucher(s).
5.15. Notwithstanding anything contained in these terms & conditions, if You use a disposable or temporary credit card (such as those sold over the counter at supermarkets) to purchase your voucher/s from the Site, Cross Hotels & Resorts will not make any refund to You except in the following circumstances:
5.15.1. You provide Cross Hotels & Resorts with the full details of the credit card used to purchase the voucher(s) from the Site;
5.15.2. The credit card used to purchase the voucher(s) from the Site remains valid; and
5.15.3. You can provide Cross Hotels & Resorts with a copy of the online purchase receipt.
5.16. Cross Hotels & Resorts will not replace lost, stolen or destroyed vouchers, except in limited circumstances, at the discretion of Cross Hotels & Resorts.
5.17. Cross Hotels & Resorts will not exchange or substitute vouchers for different events after purchase, except in limited circumstances, at the absolute discretion of Cross Hotels & Resorts.
5.18. Cross Hotels & Resorts may charge a reasonable fee for the replacement of vouchers.
5.19. You acknowledge that it is Your responsibility to check the Site and website of the Presenter and/or venue for information in relation to any events which may include information about cancelled or rescheduled events.
6. Variation to Terms and Conditions
6.1. Cross Hotels & Resorts may vary these Terms and Conditions at any time without prior notice to You, effective immediately upon being published on this Site.
6.2. The terms and conditions that apply to any particular transaction will be the published terms and conditions on this Site, as they appear at the time the transaction is finalised.
6.3. Variations to these Terms and Conditions will only apply to voucher purchases made after these Terms and Conditions have been updated.
7. Failure to Attend / Failure to Collect / Delivery Fulfillment
7.1. Vouchers may be made available to You by one or more of the following methods:
7.1.1. emailing or posting vouchers to You; or
7.1.2. for collection by You at the door or Box Office.
7.2. Contact Cross Hotels & Resorts immediately if You have elected to receive your voucher(s) by mail or email and have not received the voucher(s) within 48 hours from the event.
7.3. You will not be entitled to a refund of the voucher price if You fail to attend an event, or you fail to attend with a valid voucher.
8. Collection and Delivery of Vouchers
8.1. Cross Hotels & Resorts reserves the right to limit the method of delivery of vouchers to a sole method of delivery. Cross Hotels & Resorts may increase the methods of delivery of vouchers offered from time to time.
8.2. You must allow adequate time for collection or delivery of vouchers.
8.3. Methods of collection and/or delivery will be available when choosing your collection/delivery details during the purchasing process. It is your responsibility to determine whether voucher(s) purchased by You will be received by You prior to the date of the event.
8.4. In the interests of minimising voucher scalping, Cross Hotels & Resorts reserves the right to change your delivery method to venue collect at its discretion.
8.5. At this time, Cross Hotels & Resorts offers only electronic delivery of vouchers.
9. Enquiries and Complaints
9.1. For enquiries or complaints in relation to the sale or delivery of vouchers, contact Cross Hotels & Resorts by email at firstname.lastname@example.org
9.2. For enquiries or complaints in relation to staff and/or amenities at a venue or event, contact venue management directly.
9.3. For enquiries in relation to an artist or performers sound, lighting or production quality, contact the Presenter directly.
10. Data Security
10.2. Cross Hotels & Resorts will take reasonable precautions to protect your personal information, however, Cross Hotels & Resorts does not warrant to You or guarantee the safety of your personal information in the event that your personal information is obtained by third parties by way of theft, cyber crime or cyber attack of Cross Hotels & Resorts systems.
11. Copyright and Trademark
11.1. All content contained on this Site is the copyright of Cross Hotels & Resorts and/or the relevant licensors.
11.2. Cross Hotels & Resorts prohibits You from any unauthorised use of content on this Site, including but not limited to copying, storage, reproduction, publishing, electronically or otherwise transmitting in any form or by any means in whole or in part.
11.3. Cross Hotels & Resorts will terminate the access of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so, including but not limited to, User Content whether articles, images, stories, software or other copyrightable material which infringes the copyrights or other rights of third parties (including, but not limited to, trademark, trade secret, privacy or publicity rights).
12. Disclaimer and liability
12.1. Cross Hotels & Resorts bears no liability to You for any Site or system outages.
12.2. Save and except for where provided for under local consumer law (including without limitation in respect of any consumer guarantee) or any other applicable law under which liability cannot be excluded or limited, Cross Hotels & Resorts is not liable to You for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenue or business opportunities.
12.3. Clause 12.2 applies even in the event where Cross Hotels & Resorts has been advised of the possibility of such damages.
12.4. The Site and its content are delivered on an as-is and as-available basis.
12.5. Cross Hotels & Resorts does not promise that the site will be error-free, uninterrupted, or that it will provide specific results from use of the Site or any content, search or link on it.
12.6. Cross Hotels & Resorts does not warrant that files You download from the site will be free of viruses or contamination or destructive features.
12.7. Cross Hotels & Resorts disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose.
12.8. Cross Hotels & Resorts will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages.
12.9. Cross Hotels & Resorts makes no guarantee of any specific result from use of the Site or use of its service.
12.10. Cross Hotels & Resorts disclaims any and all liability for the acts, omissions and conduct of any third party users, Cross Hotels & Resorts users, advertisers and/or sponsors on the Site, in connection with Cross Hotels & Resorts service or otherwise related to your use of the Site and/or Cross Hotels & Resorts service.
12.11. Cross Hotels & Resorts is not responsible for the products, services, actions or failure to act of any Presenter, venue, performer, promoter or other third party in connection with or referenced on the Site.
12.12. Without limiting the foregoing, You may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to Cross Hotels & Resorts by email to email@example.com . Cross Hotels & Resorts may investigate the claim and take appropriate action, in its absolute discretion.
13.1. You agree to indemnify and hold Cross Hotels & Resorts and its affiliates, and each of Cross Hotels & Resorts and its affiliates’ respective officers, agents, employees, contractors and principals, indemnified from any loss, liability, claim or demand, including but not limited to legal fees, by You or any third party arising from use of the Site, including but not limited to losses arising as a result of the purchase of goods or services from the site, and your use of the Site to provide a link to another site or to upload content or other information to the Site.
14. User Contributions to the Site
14.1. The Site may provide You with opportunities to contribute to the Site, including but not limited to uploading your user profile, participating in chats and using bulletin boards. Anything that is contributed to the Site by You or other Site users will be referred to in these Terms as User Content.
14.2. Cross Hotels & Resorts is not liable or responsible for any User Content.
14.3. Cross Hotels & Resorts does not endorse User Content and User Content does not represent the view or opinions of Cross Hotels & Resorts.
14.4. Users will be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials (objectionable material).
14.5. Please notify Cross Hotels & Resorts immediately by email to firstname.lastname@example.org if you find any objectionable, defamatory or offensive content on the Site.
15. Links and Search Results
15.1. The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. Cross Hotels & Resorts has no control over these sites or their content. Cross Hotels & Resorts cannot guarantee, represent or warrant that the content contained in these sites is accurate, legal and/or inoffensive.
15.2. Cross Hotels & Resorts does not endorse the content of any third party site, nor warrant that they will not contain viruses or otherwise impact your computer.
15.3. You agree and understand that You may not make any claim against Cross Hotels & Resorts for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.
16. Prohibited Content
16.1. The following User Content is illegal or prohibited on this Site, including but not limited to:
16.1.1. promotion of racism, bigotry, hatred or threat of physical harm of any kind against any group or individual;
16.1.2. could be harmful to minors;
16.1.3. harassing or advocating harassment of another person;
16.1.4. the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;
16.1.5. promotion of information that is known to be false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
16.1.6. promotion of an illegal or unauthorised copy of another person’s copyrighted work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music and/or video or links to pirated music and or/ video files;
16.1.7. restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
16.1.8. pornographic or sexually explicit material of any kind;
16.1.9. material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18 years of age;
16.1.10. providing instructional information about illegal activities, including but not limited to making or buying illegal weapons or substances, violating someone’s privacy, or providing or creating computer viruses;
16.1.11. soliciting passwords or personal identifying information for commercial or unlawful purposes from other users; and
16.1.12. engaging in commercial activities without Cross Hotels & Resorts prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
17. Offline Conduct
17.1. Cross Hotels & Resorts prohibits You from using any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.
17.2. Cross Hotels & Resorts is not responsible for any user offline conduct.
17.3. Your failure to comply with clause 17.1 may result in termination of your access to the Site.
18. Commercial Use
18.1. No bulletin board, chat or other areas of the Site may be used by our visitors for any commercial purposes including but not limited to sales of vouchers, merchandise or services of any kind, whether by advertising, solicitations, links, or any other form of communication.
18.2. You must obtain the prior written consent of Cross Hotels & Resorts to make commercial offers of any kind on the Site.
18.3. Without limiting the foregoing, You may not use the Site to resell or link to other sites for the purpose of selling vouchers of any kind.
18.4. Cross Hotels & Resorts reserves the right to block access to this Site or any of Cross Hotels & Resorts other services, or cancel a voucher order or voucher with respect to any person believed to be, or believed to be acting in concert with any person who is believed to be, violating the law or these terms and conditions, Cross Hotels & Resorts rights, or utilising automated means to process or place voucher orders, or who has ordered a number of vouchers that exceeds the stated limit.
19. Permitted Use
19.1. You agree that You are only authorised to visit, view and to retain a copy of pages of this Site for your own personal use, and that You shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase vouchers or merchandise from Cross Hotels & Resorts, unless otherwise specifically authorised by Cross Hotels & Resorts to do so.
19.2. You also agree not to deep-link to the Site for any purpose, unless specifically authorised by Voucher Master to do so.
19.3. The content and software on this Site is the property of Cross Hotels & Resorts and/or its suppliers and is protected by local and international copyright laws.
20. Access and Interference
20.1. You agree that You will not:
20.1.1. use any robot, spider or other automatic device, process or means to access the Site;
20.1.2. use any manual process to monitor or copy our web pages or the content contained thereon or for any unauthorised purpose without our prior expressed written permission;
20.1.3. use any device, software or routine that interferes with the proper working of the Site nor shall You attempt to interfere with the proper working of the Site;
20.1.4. take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
20.1.5. access, reload or refresh transactional event or voucher pages, or make any other request to transactional servers, more than once during any three second interval; and
20.1.6. copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior, express written permission of Cross Hotels & Resorts.
20.2. Cross Hotels & Resorts may, at its sole discretion, modify, suspend, discontinue, impose limits on certain features and services or restrict access to the Site or any part of the Site at any time, with or without notice to You.
21. Violation of these Terms and Conditions
21.1. Violations of these Terms and Conditions may be investigated and appropriate legal action may be taken, including but not limited to criminal and/or civil (such as injunctive relief).
21.2. If Cross Hotels & Resorts believes that your conduct or the conduct of any person with whom Cross Hotels & Resorts believes You act in concert, or the User Content You provide, or any resale of such vouchers purchased through Cross Hotels & Resorts, violates or is inconsistent with these terms and conditions or the law, or violates the rights of Cross Hotels & Resorts, a client of Cross Hotels & Resorts or another user of the Site, Cross Hotels & Resorts may, as its sole discretion, and without prior notice to You:
21.2.1. terminate your access to the Site;
21.2.2. cancel your voucher order or vouchers acquired through your voucher order;
21.2.3. cancel your voucher postings;
21.2.4. remove any unauthorised User Content;
21.2.5. exercise any other remedy available.
22.1. Cross Hotels & Resorts is not responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party.
22.2. Any User Content on the Site, by electronic mail or otherwise, will be deemed to be non-confidential and non-proprietary to You.
22.4. By posting User Content to the Site, You authorise Cross Hotels & Resorts to use or allow others to distribute, reproduce or otherwise use such User Content.
22.5. You should not post information about yourself on the Site that can be used to identify or contact You, including, but not limited to, your name, home or work address, phone numbers, email address, bank details or other such information (personal information).
22.6. By posting personal information on the Site, You violate these Terms and Conditions, and You assume all risk and sole liability for the results of such posting.
22.7. Cross Hotels & Resorts is not liable for any lost data resulting from the operation of the Site.
22.8. If you have purchased vouchers through Cross Hotels & Resorts, any user specific data will be retained in order to deliver and track your order. Should you wish to request deletion of any user sensitive data, you can email email@example.com from the account you wish to delete. Following your request all user data associated with your purchase and profile will be de-identified and removed from our system permanently.
23. Governing Law
23.1. These Terms and Conditions shall be governed by the laws of the country in which the event is based.