Ticket Purchase Policy
Applicable as of April 2015, latest version can be found here.
The following purchase policies are designed to ensure your satisfaction and understanding of the purchase process on the indytix.com.au web sites (www.indytix.com.au) and any other domains and/or sub-domains operated by Atomik Arts (“Atomik Arts”).
All orders are subject to this Purchase Policy and incorporates by this reference, the Atomik Arts Standard Terms. Each ticket that you purchase is a license to attend a particular event, and is subject to the additional terms set forth on that ticket and by the event organiser and corresponding venue.
- Refunds are not available, all orders are final. Refunds may only be available if the Event Organiser has cancelled the Event. We will advise you if this is the case. Full details below.
- Ensure your postal address is accurate for delivery - this includes the business name if the address is in the CBD/commercial premises. We are not liable for lost mail. We reserve the right to cancel orders with inaccurate delivery details. If an order is not delivered, we will do our best to investigate and/or cancel tickets. No refunds given.
Free (standard) postage is our standard delivery method. You have the choice to select Registered / Express postage if you desire, for a small fee. Full details below.
- Keep tickets secure at all times - treat them like cash. Tickets are fully transferable (unless noted otherwise). Lost tickets are not our responsibility. If tickets are stolen, advise us immediately so they can be cancelled, however no refunds are given and there is no guarantee of alternative arrangements to attend the event. Full details below.
- Your mobile number must be provided, otherwise we reserve the right to cancel your order. This will be the only (and fastest) method we can contact you if there's any urgent questions/concerns regarding your order.
All ticket prices for events that occur in Australia are stated in Australian Dollars. Atomik Arts accepts several methods of payment to accommodate your needs, powered by our payment providers such as Paypal (and/or others from time to time) and cash (by prior arrangement).
Reward Points can also be used as currency (to earn/spend) on eligible items, subject to the Reward Points clause in these Terms.
Who You Are Buying From
Atomik Arts operates and maintains this portal, with transactions between you and a designated individual who acts as the agent to those who are promoting or otherwise providing the events for which you purchase tickets ("Event Providers" and "Event Organiser"). When you purchase a ticket for an event that is located in Australia, then PayPal (or an AFSL-registered banking institution) will be handling the online transaction and collecting payment for the Event Provider, and if the tickets paid for by cash, payment is processed directly by the agent. By placing an order with indytix, you understand that you are transacting with the individual private seller, not a business.
Tickets will be sent from Australia, regardless of whether you are making your purchase on atomikarts.com/tix or any links and regardless of what country you live in.
Pricing and Availability
Atomik Arts sell tickets on behalf of promoters, teams, bands and venues, which means Atomik Arts do not set the ticket prices nor determine seating locations (if applicable). Prices may change at any time, without any prior notice. We take no responsibility for any discrepancies between the sale price of any product and any published pricing of products.
Tickets are generally sold through several distribution points, including online, in person and via Outlets. Most distribution points generally access the same ticketing system and inventory. Therefore, tickets for popular events may sell out rapidly. Occasionally, additional tickets may be available prior to the event. However, Atomik Arts do not control this inventory or its availability. There is no guarantee with regards to ticket availability so customers should always consider this and understand that tickets are available on a first-come, first-served basis.
Customers understand that it is up to the event organisers' discretion as to the number and type of tickets allocated for sale. If any type of ticket is no longer available from the event organiser, or the allocated number of tickets for sale has been ammended by the event organiser, this is beyond our control. We and the event organiser reserve the right to vary the type of tickets allocated to your order, or offer a full refund. We will endeavour to contact you for your preference should such a rare variation to your order be required.
If you do not receive a confirmation of order & dispatch (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with our Customer Service Department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. Atomik Arts will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Tickets purchased on Atomik Arts are typically inclusive of processing fees on a per-ticket basis and are non-refundable per order. In many cases, delivery prices may be included in the quoted price, unless specified otherwise.
Amount of Tickets Per Customer or "Ticket Limits"
When purchasing tickets on Atomik Arts, you may be limited to a specified number of tickets for each event (also known as a "ticket limit"). This amount is directly related to the quantities we have in stock, followed by the quantities our suppliers release to us. From time to time and as necessary, Atomik Arts may introduce a tickets per customer limit, to discourage unfair ticket buying practices.
Occasionally, events are cancelled or postponed by the promoter, supplier, team, band, organiser or venue due to weather conditions or situations affecting the staff, performers, artists or audience. When this occurs, Atomik Arts are not responsible for providing refunds, however we will promptly announce instructions on how to contact the organiser/promoter/supplier/agent to ensure you receive a prompt refund (if applicable). If an event is cancelled, please Contact us for information on receiving a refund. If the event was moved or rescheduled, the venue or promoter may set refund limitations. Contact us for exact instructions. Please make sure to include/provide your full details and also details of the event/tickets in question, ticket serial number and transaction details (as shown on the order confirmation page) so we can expedite your refund (if applicable). If you purchased the ticket(s) in person, you will also need to contact us for instructions on how to proceed. Functionality may exist on our websites in the customer Account page & in the event that Atomik Arts is instructed by the promoter/organiser to issue refunds for cancelled events, this facility be used to process the refund.
Opening acts or guests may sometimes tour with headlining performers. Atomik Arts are not always made aware of opening acts or the length of their performances. These opening acts are subject to change or cancellation at any time without notice. No refund will be owed if an opening act is changed or cancelled.
Refunds and Exchanges
Refunds & exchanges cannot be issued, see "Cancelled Events" above & "Website error" below for the only exceptions to this clause.
Before purchasing tickets, carefully review your event, date, seat selection and any other details of the transaction. Policies set forth by our clients, including promoters, suppliers, event organiser, venues, teams and theatres; generally prohibit Atomik Arts from issuing exchanges or refunds after a ticket has been purchased or if tickets are lost, stolen, damaged or destroyed. Once tickets have been dispatched by Atomik Arts or collected by the Customer, they become the full responsibility of the Customer, who will not hold Atomik Arts liable nor responsible for tickets lost, misplaced, damaged, stolen, whether they are or are not in possession of the Customer. This includes tickets that are beyond our reasonable control and under the responsibility of postal/delivery services (refer ‘Delivery of Tickets and Pick Up).
Billing Information Verification
Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or customer details for a ticket order that can delay processing and delivery. In these cases, Atomik Arts customer service will attempt to contact you, using the information provided at the time of purchase. If Atomik Arts is unable to reach you after its initial attempt, Atomik Arts may cancel your order and may make those tickets available to other customers.
Delivery of Tickets and Pick Up
If you have selected delivery through the mail, please allow at least 14 days after your order is made to receive your tickets. Atomik Arts sends tickets to the billing address of the charge card holder. Occasionally, we receive incorrect billing or customer details for a ticket order that can delay processing and delivery. Tickets are available for collection, as specified in the option on the product page. These options changes from time to time to improve convenience for our Customers. If delivered in person, You will need to present your Order ID number and picture identification, such as a Drivers Licence or current Australian Passport.
Standard delivery is via the Australia Post network within Australia and postage fees may be included in the purchase price (subject to change).
Registered Post (insured and tracked) is also via the Australia Post network within Australia and postage fees may be included in the purchase price for ticket order quantities of three (3) or more are being delivered. For example, a purchase of 3 or more tickets includes free Registered Post. (Subject to change).
Express Postage is available for a fee, per order and is available in the Product Page. The fee may change from time to time (subject to change)
Pricing and Other Errors
If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on this web site or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then: Atomik Arts will have the right to cancel that ticket/s (or the order for the ticket/s) and refund to you the amount that you paid. This will apply regardless of whether human error or a transactional malfunction of this web site, the PayPal checkout process or any other Atomik Arts systems and processes may have occurred.
Multiple Browser Windows
When ordering tickets online with Atomik Arts, please ensure you are adding tickets to cart and placing an order through checkout using only one browser window/device. Looking up tickets using multiple browser windows could result in losing your tickets or ticket allocation.
Ticket allocations are limited and in conjunction with a high influx of sales at the same time (in conjunction with low availability of tickets), or in conjunction with the 'Multiple Browser Windows' clause above, Users may encounter a completed order and receive confirmation, however a refund will be provided if a User's order consists of oversold tickets. Users always have visibility of ticket availability and our website is structured to enable completion of orders in a very short timeframe, however during times of high influx of sales, it is possible for 2 or more Users to add tickets to their shopping cart, with one completing their order and the other Users also completing their order, however exceeding the number of available tickets.
This only happens on very rare occasions and you will be contacted directly by us and a full refund organised as soon as practical. To avoid this error and missing out on tickets, we encourage Users to purchase tickets shortly after release, refer to updates provided through our online broadcast channels (ie: Twitter feed, etc), only have one browser/device with a shopping cart/checkout in progress and to complete checkout in a timely fashion.
Limitation of Liability
Balls and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after play or performance. If struck, immediately ask usher/event staff for directions to a medical station. By purchasing a ticket through Atomik Arts, you agree to the Standard Terms AND the terms of this Purchase Policy on behalf of yourself and any accompanying minor. You assume all risks incidental to the event for which a ticket is issued, whether before, during or after play or performance. Atomik Arts will not be held liable nor responsible as such.
License; Ejection and Cancellation; No Redemption Value
Event Providers/organisers/promoters/staff reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Event Provider rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket's face amount. A ticket is not redeemable for cash.
Recording, Transmission and Exhibition
You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You grant permission to utilise your image, likeness, actions and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) in any medium or context without further authorisation or compensation.
You Are Subject to Search
You and your belongings may be searched on entry. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.
Unlawful Re-Sale of Tickets; Commercial Purposes
Unlawful resale of tickets (or attempt) is grounds for seizure and cancellation without compensation. A ticket shall not be used for advertising, promotions, contests or sweepstakes, unless formal written authorisation is given by the Event Provider, provided that even if such consent is obtained, use of the promoter’s or Atomik Arts' trademarks and other intellectual property is subject to the Promoter’s and Atomik Arts' consent.
Delivery & Storage of Tickets
It is important that patrons purchasing tickets understand that lost, misplaced, stolen or destroyed tickets for these events will NOT be replaced under any circumstances. This includes tickets which do not arrive in the mail, as tickets despatched through any postal service are no longer within our control. Submitting an order, you understand this risk. Please ensure that upon receipt of your tickets that they are kept in a safe place. To safeguard your tickets you may choose to have them sent by Registered Post (details defined in the Delivery of Tickets and Pick Up section of this policy) or you may choose to personally collect your order, where the choice is available. Allow 14 days delivery time for this method. Tickets sent by normal mail cannot be traced and no responsibility will be taken for tickets sent by this method.
By placing an order, you grant full permission to be automatically added to our mailing list databases, as they vary from time to time. Any mailing lists you may be subscribed to complies with the Privacy Act, International Spam legislation and are published with information relevant to your interests, based on placing an order for tickets.
If you wish to unsubscribe from any such mailing lists, you may do so at any time via the provided links in the mail-outs/distributions, or by updating your preferences through our distribution partner, as may vary from time to time. Alternatively you may contact us to request removal from any mailing lists.
Our Loyalty Program rewards savvy customers for choosing to shop with Us. Earn (or spend) Reward Points on eligible items. Eligible items will indicate on the product page if Reward Points can be earned (or spent).
Reward Points are exclusive to Our Website and cannot be used (ie: earned or spent) outside of this platform. To use Reward Points, visit your Shopping Cart where you can apply Points against your order. Enter how many Points you wish to use & apply to display the new Total for your Order. You may also view the amount of points you've earned, within your Account Page.
We reserve the right, at any time, at our discretion, without prior notice, to:
- Modify, ammend, withdraw or otherwise change the structure, application, operation & availability of the Reward Points Program;
- Modify, raise, reduce or otherwise ammend the ratio of, or the value of, Reward Points for all or individual items;
- Create, modify, withdraw and/or ammend special offers with Reward Points, which may be made available from time to time;
- Modify, raise, reduce or otherwise ammend the amount of Reward Points available to any Customer.
Orders which have Rewards Points applied, are ineligible to earn further Reward Points for that Order, unless specified otherwise.
Customers choosing to use the 'Guest Checkout' will not collect any Reward Points.
Our Affiliate Program is a new concept, exclusive to indytix.com.au, where pre-approved customers can benefit from earning a commission for referrals to Us.
Once approved, earn a commission on eligible items purchased by referrals using your unique Tracking Link and any other materials that may be available to you, from time to time.
Commissions earned are visible in your My Account page and a selection of payment methods are available, with payment made upon request or in the first week of the month, whichever is later.
Affiliates also have the choice to convert commissions to Reward Points for use on Our Website.
We reserve the right, at any time, at our discretion, without prior notice, to:
- Modify, ammend, withdraw or otherwise change the structure, application, rate of commission, frequency of payments, selection of payment methods, operation & availability of the Affiliate Program;
- Modify, raise, reduce or otherwise ammend the rate of, or the value of, commission and as to which items are eligible;
- Create, modify, withdraw and/or ammend special offers with the Affiliate Program, which may be made available from time to time;
- Modify, raise, reduce or otherwise ammend the amount of Commission available to any Customer.
Orders which have been placed by a referral, may or may not, at our discretion, have Rewards Points applied, unless specified otherwise.
Commissions earned do not accrue any form of interest.
For any other enquiries or concerns, please Contact us.
1. Collection of Your Information
Atomik Arts collects personal information about you when completing transactions from an Atomik Arts distribution point. Atomik Arts distribution points include, but are not limited to the Atomik Arts Internet Site, Contact with Staff or Agents, mail, electronic mail and from other sources.
2. Use and Disclosure of Your Information
The personal information collected by Atomik Arts is used to ensure that the tickets or goods you purchased are delivered to you and that you are advised of any possible changes/cancellations that may occur in relation to the event you booked. Atomik Arts collect personal financial information to confirm the identity of users and bill customers for products and services. Unique identifiers (such as membership or credit card numbers) are collected from you to verify your identity and for use as account numbers in PayPal’s systems. We will not have access to, nor share financial or unique identifier information with any other third parties without your prior consent. When you make a purchase through the Atomik Arts system your consent is required to provide your financial or contact information to those third parties necessary to process your transactions with us, such as credit card companies and the companies that handle shipping on our behalf. Atomik Arts may also pass your contact details on to Venues and Presenters, who abide by the National Privacy Principles, to keep you informed of future events via direct marketing. You may be asked at the time of booking if you would like to receive this information. You may also change this choice in the future by contacting us with this request, although it may also be necessary to contact any other organisations (Venues & Presenters) which have obtained your information to indicate your choice at this stage. Atomik Arts will not use or disclose this information in any way, other than that disclosed in this policy.
3. Changing and accessing the Information we have about you
Atomik Arts uses its best endeavours to ensure that the information it obtains is accurate, complete and up to date. You may access or change information that Atomik Arts has collected about you by placing your request in writing and sending your request to us. Atomik Arts can be contacted at:
email via our contact page: http://atomikarts.com/contact - or via mail:
PO Box 7005
Spearwood WA 6163
Please allow 14 days for your request to be processed
4. Data Security
Internet - www.atomikarts.com
5. Content which you post to FaceBook, Twitter or the Atomik Arts Gallery
The Atomik Arts site provides users at various times with services such as social media pages and a comment facility for individual images at the Atomik Arts Gallery. Please remember that any information you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
Your IP address: We may use your IP address to help diagnose problems with our servers, and to administer our web sites. Your IP address is used to help identify you and to gather broad demographic information about you.
6. Our use of specific technologies
7. Atomik Arts and links to other web sites
Atomik Arts provides links to web sites outside of the Atomik Arts service. These linked sites may not under the control of Atomik Arts, and we are not responsible for the privacy practices or content of companies linked to our web site. Before disclosing your personal information on any other web site, we advise you to examine the privacy policies of those web sites.
Acceptance of Quotations, Engaging in our Services, Orders for our Products, Consumption of Atomik Arts' Content, Payment of Invoices and redemption of Gift Certificates constitute an agreement and adherence to these Terms and Conditions and other relevant documents such as the Atomik Arts Terms of Payment.
Furthermore, Consumers of Atomik Arts’ Content are bound to agreement and adherence to these Terms and Conditions herein and other relevant documents and applicable legislation, such as the Copyright Act and others.
1.1 “Atomik Arts” means Atomik Arts ABN 53 761 148 385 of the address as registered with the Australian Business Register, operating from Perth, Western Australia. “Atomik Arts” includes Adam Mazur and his related or associated entities, agents, subcontractors and franchisees.
1.2 The term “Content” means any images, photographs, digital media, works, designs, concepts, plans, proposals, communications, samples, galleries, sites, storage, archival, commercially sensitive information, locations and other goods and services, tangible and intangible, owned, created, manufactured, distributed, exhibited, displayed, sold, communicated by Atomik Arts.
1.3 The “Consumer” means the party placing an order for the purchase of goods or services or Content from Atomik Arts and any party, individual, organisation, entity and otherwise, engaging directly or indirectly, in the consumption, use, viewing, distribution, sale, production or any other activity relating to goods and services and Content of Atomik Arts.
1.4 An “Order” refers to an order for goods or services. An Order also refers to Quotations.
1.5 The term "AAS" refers to the Atomik Arts Shop which is an online e-commerce shopfront facility for the sale of goods and services to Consumers. The AAS is located at http://shop.atomikarts.com
2. ACTING IN RELIANCE
2.1 The Consumer warrants that the information provided by the Consumer is true and correct. The Consumer acknowledges that Atomik Arts will act in reliance on this information.
2A. APPLICATION OF TERMS AND CONDITIONS
2A.1 These Terms and Conditions (“T&Cs”) apply to each and every dealing between the parties Atomik Arts and the Consumer, and the Consumer agrees to adhere to, and be bound to these Terms and Conditions and that they will prevail over any other verbal, implied or written conditions, whether verbal, implied or written to the extent permitted by law.
2A.2These T&Cs are binding for all dealings dated from 1 July 2009.
2A.3 These T&Cs are correct as of 1st March 2011 and may be updated by Atomik Arts as required, from time to time and the current version of the T&Cs herein, shall be binding upon the Consumer. See http://atomikarts.com/info/terms for the current version.
3.1.1 Orders are subject to acceptance in accordance with these T&Cs. Orders are subject to acceptance by Atomik Arts in whole or in part.
3.1.2 An order shall also include any dealings or activities that directly or indirectly violate these T&Cs, such as unauthorised and unlicensed Consumption on Atomik Arts’ Content.
3.1.3 Engaging in Atomik Arts' services and reciept of Atomik Arts' goods and Content constitute an order and thus forms an acceptance by the consumer to be bound by these T&C's and any additional written agreements, terms and licensing agreements that Atomik Arts supply to the Consumer before commencement of work or before supply of any goods or Content.
3.1.4 It is the Consumer’s responsibility to ensure that the electronic files supplied comply with Atomik Arts’ file specifications requirements and that the files supplied are correct and able to be printed as soon as they are supplied. Files supplied without ‘bleed’ will be printed as they are supplied under the assumption that this is the Consumer’s requirement, unless the Consumer advises Atomik Arts otherwise. It is the Consumer’s responsibility to ensure that any materials supplied for printing do not breach relevant copyright legislation. Atomik Arts accepts no responsibility for any copyright issues. No assumptions or judgements are made by Atomik Arts in relation to the correctness or acceptability of any electronic files supplied to us. Electronic files are printed as supplied by the Consumer and there will be variations between finished printed products and the same file being printed on various proofing devices (i.e. Inkjet printers and the like). Consumers must also understand that our printing process will result in colour variations between orders and exact colour matching cannot and will not be provided by Atomik Arts. Colour variations will occur from job to job and run to run. This is a normal occurrence using industry-standard printing methods, which Atomik Arts follow in line with our strict quality control procedures.
Please advise Atomik Arts accordingly where an exact colour match is critical and required or if the Consumer is uncertain with any aspect of your supplied electronic files. Electronic files may be kept and stored by Atomik Arts for future use by the Consumer should they be required in the future, however, Electronic files must be supplied with each and every order. It is also the Consumer’s responsibility to understand the nature of the various stocks that we print on and the impact of different finishing options will have on that stock (i.e. appearance and texture). Atomik Arts assumes that its Consumers are fully aware of this impact before any orders are placed. Atomik Arts accept no responsibility whatsoever for any cracking or peeling caused by folding of brochures or the like. This also applies to published and printed media such as photo albums, prints, ready-to-hang products and any other product that Atomik Arts may have on offer. NO REFUNDS OR REPRINTS will be provided for any breaches of the Consumer’s responsibility contained within this clause. For photo albums, contact Atomik Arts if there are any issues within 30 days on receipt of your photo album should there be any issues with the construction or physical assem