Hotsource Terms & Conditions

Revised August 2, 2007

This Agreement sets forth the terms and conditions for your use of Hotsource.com.au. Your use of this site constitutes your agreement to these terms and conditions.

This Agreement (the "Agreement") is between you and Hotsource.com.au Pty Ltd ("Hotsource.com.au") with its offices at 9 Wrights Road, Drummoyne NSW 2047 Australia.

This Agreement shall be governed by the laws of the State of NSW, Australia.

1. Terms of use of this site

Your Rights

Hotsource.com.au grants you a non-exclusive, non-transferable, limited right to access, use and display this website and the materials provided hereon, provided that you comply fully with this Agreement.

Your Password

As part of the registration process (registration is not mandatory to use Hotsource), you will select a password. You must take care to keep your password confidential. You must not disclose it to anyone and you must take care where you write it down on paper or where you store it electronically.

Termination

If we find that you are not using Hotsource properly we reserve the right to terminate your use of the service immediately and, if necessary, take legal action against you.

Privacy

It is Hotsource.com.au's policy to maintain your privacy when you visit our site. Please read our privacy policy for more information. When personal details are collected, Hotsource clearly states what items are visible on the public site and what items are being collected for use by Hotsource. Information being collected for Hotsource is not shared with or sold to third parties. Hotsource may engage a third party to act as an agent for us to deliver the goods or services you have requested from us. All Hotsource agents agree in writing to follow the Hotsource Privacy Policy in its entirety.

Public Information

Hotsource is a site for building a business, so contact information (including names, phone numbers, email addresses) can at your discretion be made available in the Muso/Singer, Band, or Venue directory. Providing this information is voluntary. Personal address information is not available to the public.

Copyright

Hotsource.com.au owns or licenses the copyright for all material presented on this site. Except to the extent necessary for you to download any material on the site for your own personal use, reproduction of Hotsource.com.au content, in whole or in part, is forbidden without prior written permission.

Licensed Copyright

Hotsource.com.au does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Hotsource Services. After posting your content to the Hotsource Services, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose.

By displaying or publishing any content on Hotsource, you hereby grant to Hotsource.com.au a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on Hotsource. The license does not grant Hotsource.com.au the right to sell your content, nor does the license grant Hotsource.com.au the right to distribute your content outside of Hotsource.

You represent and warrant that: (1) you own the content posted by you on Hotsource or otherwise have the right to grant the license set forth in this section, and (2) the posting of your content on Hotsource does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or company. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to Hotsource,com.au.

Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on Hotsource.

Copyright Infringements

If you believe that your work has been copied and posted on Hotsource.com.au in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Hotsource Services; (4) your address, telephone number, and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Send the above information to:

Hotsource.com.au Pty Ltd
9 Wrights Road
DRUMMOYNE NSW 2046 Australia
Phone: + 61 2 9911 6664
Fax: + 61 2 9911 6622
ATTN: Copyright Agent (or by email to admin @ hotsource.com.au)

Content Posted

Hotsource.com.au may delete any content that in the sole judgment of Hotsource.com.au violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Hotsource.com.au assumes no responsibility for monitoring the Hotsource Services for inappropriate content or conduct.

You are solely responsible for the content that you post on or through any of the Hotsource Services, and any material or information that you transmit to other Members and for your interactions with other users. Content is not necessarily reviewed by Hotsource.com.au prior to posting and does not necessarily reflect the opinions or policies of Hotsource.com.au. Hotsource.com.au makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other Members.

External Links

Links within this site are provided for your information. Hotsource.com.au does not endorse and has not necessarily verified any of the information available through the use of any link found within the site.

Limited Liability

Hotsource will not be liable for any damages direct, incidental, consequential or otherwise, 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 web site and its content.

2. Terms and Conditions of Sale (All Services EXCEPT Hotsource Ticketing)

Hotsource sells pre-paid SMS packages, gig upgrades, Promoter Packages (automatic gig upgrades for specific account holders), banner ads, and sponsored links.

Seller

The seller is:

Hotsource.com.au Pty Ltd
9 Wrights Road
DRUMMOYNE NSW 2046 Australia
Phone: + 61 2 9911 6664
Fax: + 61 2 9911 6622
ACN: 107 083 394
ABN: 91 107 083 394

Pricing

All prices are stated in Australian dollars and include GST.

Delivery

All services are online and are delivered immediately following a successful payment transaction.

Your Rights

Under Australia's Trade Practices Act and related state and territory fair trading laws you have rights and remedies available to you if you consider something you purchase from this site is not of the standard you expected given its price and the way it was described. These rights are in addition to and not limited by the information below about our cancellation, refunds & returns policy.

Complaints

Please direct any complaints in the first instance to:

Hotsource.com.au Customer Services
Email: service @ hotsource.com.au
Phone: +61 2 9911 6664
Fax: +61 2 9911 6622

Hotsource.com.au does not belong to any independent dispute resolution programs. If you feel your complaint has not been handled adequately by us you should refer to your home state or territory department of consumer affairs or fair trading.

Refunds and Returns

Any questions should be directed to:

Hotsource.com.au Customer Services
Email: service @ hotsource.com.au
Phone: +61 2 9911 6664
Fax: +61 2 9911 6622

Payment Security

All details, including credit card information, submitted through this site pass through our secure server, which offers 128-bit encryption. At no stage does your credit card number get collected or stored in our system. The only party to receive the entire card number is our bank and its Payment Gateway. If you are concerned about using your credit card online please contact Hotsource for assistance.

Changes to These Terms and Conditions

Hotsource.com.au may modify these terms and conditions at any time without providing notice to you. Your continued use of the site after such a modification constitutes your acceptance of that modification. For this reason we provide a link to the terms and conditions at the bottom of every page - you should check them each time you visit, because you are bound by them if you use the site.

3. Terms and conditions of sale (Hotsource Ticketing)

All terms and conditions displayed here are to be read together with any terms and conditions that may be printed on the ticket or displayed at the entrance to the venue or event.

Seller

Hotsource operates a ticketing service on behalf of Artists, Venues or Event Promoters (individually referred to as the 'Presenter') and tickets purchased from this site are purchased from Hotsource as agent of the Presenter. All claims are the sole responsibility of the relevant Presenter and to the extent permitted by the law; Hotsource has no liability to you.

Pricing

All prices are stated in Australian dollars and include GST.

Conditions of Sale

  • Online sales will cease when the allocation of tickets is sold or at a time otherwise specified.
  • Tickets are not transferable.
  • The Presenter reserves the right to alter the date, the venue and the entertainment and activities as advertised without prior notice.
  • It is illegal to re-sell tickets for profit or gain and any person or company caught attempting to do so shall be prosecuted to the full extent of the law.
  • Any person caught re-selling their ticket may not be admitted to the venue or may be ejected from the venue and their tickets shall be deemed void.
  • Hotsource and the Presenter reserve the right not to sell tickets to any person, agent or company.
  • The event may have its own entry conditions and Hotsource recommends you view these prior to purchase. They are usually available on the events web site or elsewhere on this web site.

Note: Your Credit Card statement will itemise a purchase as a charge from "Hotsource.com.au".

Refund Policy

  • Rescheduled Event - The Presenter reserves the right to alter the line up, date, time and/or venue. If the event is rescheduled then your ticket to the advertised event will remain valid. If you cannot attend a rescheduled event Hotsource will refund to you the ticket price inclusive of booking fees but exclusive of delivery or mail fees upon request by you in a timely manner, provided that the original ticket(s) and proof of purchase are presented. Please email admin @ hotsource.com.au to request a refund. Note if you may a request for a refund and we have not already mailed your ticket, then we will also include the delivery fee.
  • Cancellation - If the event is cancelled because of an act of war or terrorism or the forces of nature or by any event outside of the control of the Presenter then refunds shall be at the Presenters absolute discretion. If the event is cancelled for any other reason, Hotsource will refund to you the ticket price inclusive of booking fees but exclusive of delivery or mail fees upon request by you, provided that the original ticket(s) and proof of purchase are presented. Please email admin @ hotsource.com.au to request a refund.
  • No Show (failure to collect tickets) / Delivery Fulfillment - We fulfill our commitment to you for the sale of tickets by mailing the ticket to you or by making the ticket available at the door for you to collect (E-ticket). If for any reason you are unable to collect all or part of your tickets purchased from Hotsource, we are unable to refund your purchase.
  • Refunds, Exchanges, Transfers - We do not refund, exchange or substitute tickets after purchase nor do we replace tickets that may have been stolen lost or destroyed, except as otherwise provided for herein. Please treat your tickets like cash as we cannot replace lost tickets. If you feel the circumstances are exceptional please email admin @ hotsource.com.au.

Responsible Party

For enquiries or complaints regarding:

  • The sale and delivery of tickets please contact Hotsource by email (admin @ hotsource.com.au) or phone (02 9911 6664)
  • The staff and/ or amenity of the venue at the event, please contact the venue management.
  • The artist's performance, sound or lighting quality, please contact the Presenter.

Dispute Resolution

If you have an issue with our service or feel you have been unfairly treated please contact Hotsource on 02 9911 6664.

Payment Security

All details, including credit card information, submitted through this site pass through our secure server, which offers 128-bit encryption. At no stage does your credit card number get collected or stored in our system. The only party to receive the entire card number is our bank and its Payment Gateway. If you are concerned about using your credit card online please contact Hotsource for assistance.

Changes to These Terms and Conditions

Hotsource.com.au may modify these terms and conditions at any time without providing notice to you. Your continued use of the site after such a modification constitutes your acceptance of that modification. For this reason we provide a link to the terms and conditions at the bottom of every page - you should check them each time you visit, because you are bound by them if you use the site.