Terms and Conditions

ETIX‘s Online Terms Of Use

Date:28 March 2023
The following terms of use apply to all websites, apps, services, and content (the "Site") that are provided or operated by ETIX Digital Sdn. Bhd. (Registration Number 202301002398 (1496317-T)), a company incorporated under the laws of Malaysia with its registered address of 115-1, Jalan Radin Bagus, Bandar Baru Seri Petaling, 57000 Kuala Lumpur W.P. Kuala Lumpur, Malaysia. ("ETIX",“Company” , “we”, “us” or “our”) regardless of the specific domain or platform used. By accessing or using any of these offerings, you agree to be bound by these terms of use (“Terms of Use”). Please read these Terms of Use carefully before using the Site. By using the Site, you are agreeing to be bound by the following terms of use. If you choose not to be bound by the following Terms of Use then ETIX does not grant you the right to use the Site and you must not use this Site. You must not use or access the Site in violation of these Terms of Use.

Variation

ETIX may vary, update, amend or modify these terms at any time by posting the updated Terms of Use on our Site. Kindly check these Terms of Use from time to time to ensure you are aware of any amendments or updates. Any variations become effective on posting. By continuing to use the Site after the terms have been varied you agree to be bound by the variation. The terms "you", "your", "yours" and "User" as used herein refer to all individuals and/or entities accessing this Site for any reason.

Use and Copyright

You also represent and warrant to ETIX that you will use the Site in a manner consistent with any and all applicable laws and regulations. You may use the Site and the information contained within it for your own personal and non-commercial reference only. You agree that you will not hack into the Site nor employ any robot, spider or other device or process to use the Site for any unauthorised purposes. You agree that you will not take any action that imposes an unreasonably large burden on the Site. The information contained within this Site (including programming scripts, graphics and logos) are copyright of ETIX and its related bodies corporate. The information may not be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited) without the prior written approval of ETIX or its related bodies corporate.

Who you are buying from

ETIX sells tickets, related passes, merchandises or other related goods and services (“Tickets”) on behalf of and as an agent for third parties who organise, provide or sponsor an event or who operate a venue where events are held (“Event”). We refer to these artists, agents, venues, promoters or sponsors from whom we obtain tickets to sell to you as our 'Event Partners'. It is the Event Partner and not ETIX that is responsible for organising and delivering the Event. As ETIX acts as a ticketing agent for Event Partners, except as specified in these terms and conditions, ETIX will not be held liable for any dispute over an Event or a ticket purchase. All claims in respect of the Event are the sole responsibility of the Event Partner and ETIX has no liability to you. If you are using a Site to purchase a ticket for an Event that is located in Malaysia, then you will be contracting with ETIX as agent for the Event Partner (and the tickets will be sent from Malaysia), regardless of whether you are located in Malaysia or elsewhere. Details of the Event Partner for a particular Event can be obtained from ETIX. Each ticket is issued subject to the terms and conditions of the Event Partner and/or of any venue at which the relevant Event is held ('Venue'). Full details of these 'Event Specific Terms' are normally available on the Event website or at the Venue box office. You are responsible for reading the complete Event Specific Terms before making a commitment to buy Tickets. When placing an order, you are entering into a binding contract with ETIX to purchase those Tickets. Additional terms communicated to you by the Event Partners may apply. Payment is remitted to ETIX and disbursed to the Event Partner according to our separate ticketing services agreement. All sales are final. You cannot change or cancel any orders after the sale is complete.

Your ETIX Account

You are solely responsible for maintaining the security of your user name and password and for all activity that occurs on your account. You shall not permit anyone other than you to use your account. If you become aware or suspect that anyone knows your user name and/or password, you should promptly notify us. You must not create or use multiple accounts with the purpose or intention of circumventing any law and/or any of the terms hereof or concealing your identity or other personal details. We reserve the right to terminate your account and/or cancel any of your orders and/or prohibit you from making future orders or using the Sites in future if:

  1. any abusive or threatening behaviour is carried out by you or on your behalf or via your account;
  2. we suspect any fraudulent activity or other illegal activity is carried out by you or on your behalf or via your account;
  3. we suspect any unauthorised use of your account or other unauthorised activity is carried out by you or on your behalf or via your account;
  4. we are ordered to do so by any legal or regulatory authority; and/or
  5. you otherwise breach the terms of this Terms of Use or any other applicable policies or terms and conditions (including any applicable Event Partner's terms and conditions).


We reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases. We reserve the right to cancel any orders that we reasonably suspect to have been made fraudulently without any notice to you, and any and all tickets obtained as part of such orders will be void. Orders are processed subject to approval by your payment provider. Occasionally, we receive incorrect billing or credit card account information for a ticket order, or there is a technical issue that can delay that approval. Where a transaction is processed on our system but the payment is not subsequently approved by your payment provider, ETIX’s customer service will attempt to contact you using the information provided at the time of purchase. If ETIX is unable to reach you after its initial attempt, ETIX may cancel your order and may sell your tickets to another customer.

Ticket Pricing, Availability and Fees

Availability:
Given that ETIX sells tickets on behalf of Event Partners, ETIX does not determine seating layouts or when tickets go on sale as these decisions are made by the Event Partner. Tickets are generally sold through several distribution points, including online, contact centres, outlets and box offices. Most distribution points generally access the same ticketing system and inventory. Therefore, tickets for popular events may sell out quickly. Occasionally, additional tickets may be available prior to the Event. However, ETIX does not control this inventory or its availability.

Pricing:
In many circumstances, ticket prices are set at the time of the initial on-sale and stay the same until the Event. Prices may also be changed by Event Partners for a variety of reasons (e.g. marketing promotions). You will not be entitled to a refund or credit if

  1. the price you paid for a ticket was at any time before you purchased your ticket less than the price you paid; or
  2. the price of any other ticket to the relevant Event (whether in the same location or price category or otherwise) is subsequently reduced after you purchase your ticket.



Fees:
The price shown for tickets on a Site may exclude charges such as sales and services tax, handling fees, delivery fees and other fees and charges which are payable solely by the purchaser of the tickets. Handling fees cover the costs of providing ticketing services, including things like courier charges, infrastructure costs and operating an internet site. Handling fees vary depending on the Event and are agreed between the relevant Event Partner and ETIX (“Handling Fees”). The delivery fee depends on which delivery option/s are available and selected by you at checkout (“Delivery Fees”).

Pricing Errors:
If we discover an error in the price of tickets you have ordered or purchased (regardless of the source of that error, and whether it was an error in a price posted on a Site or otherwise communicated to you), we will inform you as soon as possible and give you the option of reconfirming your order at the correct price (and credit or debit your account as applicable) or cancelling your order. If we are unable to contact you, you agree that we may treat the order as cancelled. If you choose to cancel after you have already paid the incorrect ticket price for the tickets, you will receive a full refund from us. Cancelled and Rescheduled Events

Notification:
If an Event is cancelled or rescheduled, we will use reasonable endeavours to notify you once we have received the relevant information and authorisation from our Event Partner. If you book online, we will use your ETIX’s account contact details, so you should ensure these details remain up to date. However, we cannot guarantee that you will be informed of such cancellation or rescheduling before the date of the Event. It is your responsibility to ascertain whether an Event has been cancelled or rescheduled and the date and time of any rescheduled Event.

Cancellation:
If an Event for which you have purchased tickets is cancelled in full (and not rescheduled), your order will be cancelled, and you will be refunded the price of your tickets (unless required by the Consumer Protection Act 1999, our Handling Fees and Delivery Fees will not be refundable for Events, where this is specified in the event information for the Event). If you have purchased tickets for an Event that takes place over several days and one or more days (but not all days) are cancelled, you may only be offered a proportionate partial refund.

Rescheduled Events:
If an Event for which you have purchased tickets is rescheduled, tickets will be valid for the new date (or you will be offered tickets of a value corresponding with your original tickets for the rescheduled Event) subject to availability. For the avoidance of doubt, no refunds will be available until the new date is announced (which will be done within a reasonable time) to allow the Event Partner time to make arrangements for the rescheduled Event.

Event Specific Refund Terms:
Event Partners may have Event Specific Terms which provide that no refunds are payable or provide for other remedies in place of a refund (such as an exchange) in certain circumstances where a refund is not required by applicable law ('Event Specific Refund Terms'). Any Event Specific Refund terms shall take precedence over the refund terms set out at above. Where an Event Partner does approve refunds we may notify you of the timeframe for requesting a refund (which will be a reasonable period from the time that it is announced that the Event Partner will make refunds available) and you must notify us before the specified deadline that you wish to obtain a refund of the sale price of your Tickets (unless required by Consumer Protection Act 1999, our Handling Fees and Delivery Fees will not be refundable for Events, where this is specified in the event information for the Event). Failure to notify us by any reasonable specified deadline that you require a refund will be deemed to be a reconfirmation of your order for Tickets for the Event, and you will not be able to claim a refund.

Refunds Generally:
Refunds will be made using the same means of payment as you used for the initial purchase. Unless required by Consumer Protection Act 1999, our Handling Fees and Delivery Fees will not be refundable for Events, where this is specified in the event information for the Event. Refunds, Exchanges and Replacement Tickets Before purchasing tickets, carefully review the Event and seat selection details. ETIX does not issue an exchange or refund for a lost, stolen, damaged or destroyed ticket (including where a ticket does not arrive in the mail) unless

  1. ETIX can identify at the Venue the actual seat corresponding to the ticket for that Event, or in the case of a general admission ticket, ETIX is able to identify (acting reasonably) and cancel the relevant ticket, and
  2. you give ETIX a reasonable amount of notice ahead of the Event that the ticket has been lost, stolen, damaged or destroyed, in which case ETIX will issue a replacement ticket to you for a reasonable administration fee.


A change in personal circumstances does not entitle a ticket holder to return or exchange a ticket. Subject to any statutory rights of refund (including, without limitation, the provisions of the Consumer Protection Act 1999), if an Event takes place, then generally there is no right to a refund or exchange, including where a ticket holder cannot attend because of adverse weather conditions. Delivery of Tickets and Venue Pick Up

Ticket Delay:
For some Events, the event information and your ticket order confirmation will specify that tickets will not be issued or dispatched until a specified time, which may be closer to the time of the Event. This can help reduce unlawful resale of tickets. In these cases, ETIX shall not be required to issue or dispatch the tickets until the specified time.

E-delivery:
If an e-delivery option is available, you are responsible for either

  1. ensuring that you log into the ETIX’s App or your ETIX’s account (as applicable) and download your tickets in good time prior to the Event; or
  2. providing a valid email address for e-delivery of tickets and ensuring that you are able to receive delivery of the tickets by email (for example by ensuring that your email mailbox does not reject, bounce or otherwise prevent any relevant emails from being delivered, and by checking your email mailbox regularly (including junk or spam folders)), or in the case of mobile tickets, that you have a mobile device capable of accessing mobile tickets.


Failure to accept delivery:
We shall not be liable for, and you will not be entitled to any refund where delivery is refused, returned, missed, unclaimed or fails as a result of your failure to provide correct and complete delivery information and/or failure to ensure you are available to receive delivery of tickets (whether physically or via mobile or email, as applicable) or your failure to download tickets from your ETIX’s account (including via the ETIX’s App or another Site, as applicable).

Venue Pick Up:
Regardless of the method of delivery you select at purchase, we reserve the right to make tickets available for collection by you at the Venue box office or at another designated ticket collection point. We will notify you by SMS, telephone or email of the arrangements for collection if this becomes necessary. You may be required to provide your booking confirmation email, authorisation letter (if collecting on behalf of another person) and your NRIC/photo ID to collect tickets, as well as the credit or debit card used to make the order.

Check your Tickets:
It is your responsibility to check your tickets immediately once they have been delivered as mistakes cannot always be rectified. You should contact us immediately if there is a mistake or error with your tickets, or if you do not receive your tickets as ordered and/or as described in your order confirmation. We may not be able to assist you if you do not inform us of any errors that are reasonably obvious from inspection of your tickets within 5 days of receipt (and/or in good time prior to the Event’s date).

Delivery by mail:
If you have selected delivery through the mail, please allow at least 14 days after your order is made to receive your tickets. ETIX sends tickets to the billing address of the charge card holder. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. Recording, Transmission and Exhibition Cameras, video and audio recorders, mobile phones and pagers may not be permitted in certain venues. 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 the Event Partner 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 the Event) in any medium or context without further authorisation or compensation. You may be requested to submit yourself and your belongings to a search on entry to an event for which you hold a ticket. By purchasing a ticket from us or using a ticket to gain entry into an Event, you consent to such searches and waive any related claims that may arise (to the extent permissible by law). If you withdraw your consent to such searches, you may be denied entry to the Event without refund or other compensation. Event Partner rules may prohibit certain items from being brought into the Venue, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers. Such items may be confiscated and neither ETIX, Event Partners nor the Venue accept any responsibility for confiscated items.

Violation

We may investigate any potential or suspected violations of this Terms of Use, security protocols or best practices, third party rights or applicable law; any actions or any other misconduct or potential abuse on or through the Site or attempts. When assessing whether and which measure(s) to take against a User, we will take the legitimate interests of the User into account and shall, in particular, consider if the User is responsible for the misconduct. If you violate these Terms of Use, without limiting any other remedies available, ETIX may without notice to you:

  1. limit, or temporarily or permanently suspend, or terminate our services and your accounts,
  2. cancel your tickets and ticket orders without a refund;
  3. prohibit you from using the Site;
  4. restrict your ability to make future ticket purchases through ETIX; and
  5. if required by law, by subpoena or an enforcement body, disclose information about you and your use of the Site for the investigation of any unlawful or harmful activity.


We reserve the right to report any activity that we believe to be illegal or otherwise in contravention of this Terms of Use and we will respond to any verified requests relating to a criminal investigation (i.e. a subpoena, court order or substantially similar legal procedure) from local and foreign law enforcement or regulatory agencies, other government officials or authorized third-parties. Trademarks The trademarks appearing on this Site are primarily trademarks of ETIX or their affiliates. Other trademarks displayed on the Site are trademarks of their respective owners. Nothing contained on this Site should be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of ETIX, or the relevant affiliate, or third party owner.

Privacy

The ETIX Personal Data Policy is incorporated into these Terms Of Use. Limitation of Liability Risk of Injury or Illness:
Risks associated with attending an Event may include (without limitation):

  1. transmission of COVID-19 and other infectious diseases which may be transmitted in any environment where people gather together (including at Events); and
  2. transmissionballs or other objects flying into spectator areas during Events.


Although reasonable measures should be taken by the Event Partner to protect spectators (including COVID-19 safety measures), injury and illness can occur. Persons attending an Event do so entirely at their own risk. The ticket holder and/or you voluntarily assume all risks and danger incidental to the Event whether occurring before, during or after the Event, and neither the Event Partner nor ETIX is responsible for any loss, accident or damage suffered, and accepts no liability whatsoever for any loss, damage, injury or death so caused.

Government Health Directions:
To reduce the above identified risks, you and your guests are required to abide by all government guidance and directives aimed at preventing the transmission of COVID-19 and other infectious diseases (including guidance and directives which may apply in the State or Territory where the Event is held).

Safety Protocols:
You must also follow all lawful and reasonable directions of the Event Partner designed to create a safe environment for spectators and you must stay alert at all times before, during and after the Event. If struck or otherwise injured or distressed, immediately ask an usher for assistance or directions to a medical station or contact an emergency service. By purchasing a ticket for an Event through ETIX, or by using a ticket purchased through ETIX for entry to an Event, you acknowledge and accept these terms and conditions in your personal capacity and on behalf of any accompanying minor. You assume all risks which are incidental to the relevant Event, whether before, during or after the Event.

Liability for other losses (including travel and accommodation costs, and loss of enjoyment):
Please note that (unless required by applicable law):

  1. personal arrangements and expenditure, including travel, accommodation, hospitality and other costs which have been arranged by you are at your own risk, and neither ETIX nor a relevant Event Partner shall be responsible or liable to you for any wasted or unrecoverable costs or expenditure in relation to such personal arrangements, even if caused as a result of the cancellation, rescheduling or alteration of an Event for which you have purchased tickets. You may wish to explore options for insurance; and
  2. neither ETIX nor a relevant Event Partner shall be responsible or liable to you (and you will not be entitled to any refund) if admission to a Venue or Event is refused or revoked at any time as a result of your breach of this purchase policy or the Venue or Event Partner's terms and conditions; and
  3. neither ETIX nor the Event Partner will be responsible for any personal property taken into the Event.

Maximum liability

To the extent permitted by law, our aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the Site or the content available through the site shall not exceed RM100. To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and its content, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not we know of the possibility of such damage. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with the foregoing, but allows a limitation of a certain maximum extent then our liability is limited to that extent. If at any time, we reasonably determine that the conduct of the User might adversely affect us in connection therewith, we shall be entitled to terminate or suspend or remove such User’s account and we will not be held liable for any damages of any kind arising out of the termination or suspension.

Indemnity

In the event that you have a dispute with our Event Partner, you release us, our affiliates and our respective officers, directors, employees and representatives from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law. ETIX is not responsible for the actions or failures of an Event Partner. Under no circumstances shall ETIX be liable for any obligations owed to you by an Event Partner or for death or personal injury suffered by you or your guests arising out of your attendance at an Event, unless caused directly by ETIX's negligence.

General Provisions

Entire Agreement:
These Terms of Use will remain in full force and effect while you are a User of the Site at any level. If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.

Assignment:
We may assign or transfer our rights and obligations under this Terms of Use at any time. You may not assign or transfer this Terms of Use, or any of its rights or obligations, without our prior written consent, which we can refuse in our sole discretion.

Partnership or Agency:
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Terms of Use, your use of the Site, or the provision of our services. A person who is not a party to this Terms of Use has no right to enforce any term of this Terms of Use.

Successors & Assigns:
Nothing in this Terms of Use is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their permitted successors and assigns.

Force Majeure:
We shall not be in default or otherwise liable under this Terms of Use due to our inability to perform our obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, terrorism, cyber-terrorism, embargo, war, act of God, natural disaster, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default by us hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under our control.

Rights & Remedies:
ETIX reserves the right, at its sole discretion, to pursue all its legal remedies, including but not limited to deletion of your account from the Site and immediate termination of your registration with or ability to access the Site any/or any other services provided to you by us, upon breach by you of these Terms of Use or if ETIX is unable to verify or authenticate any information you submit to the Site. Even after you are no longer a User, certain provisions of these ETIX will remain in effect.

Governing Law:
Your access to the Site is at your own risk and you are responsible for compliance with jurisdictions as may be applicable to you. These Terms of Use are governed by the laws of Malaysia. You irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.

Contact Us:
For questions or problems relating to our Site, or these Terms of Use, you may email us at [email protected].