<div class=WordSection1>
<p class=MsoNormal><u><span lang=EN-GB>AXS NZ PURCHASE AGREEMENT<o:p></o:p></span></u></p>
<p class=MsoNormal><span lang=EN-GB>PURCHASE AGREEMENT – NEW ZEALAND</span></p>
<p class=MsoNormal><span lang=EN-GB>Effective May 18, 2023</span></p>
<p class=MsoNormal><span lang=EN-GB>AXS New Zealand Group Ltd NZBN 9429051323639
(“AXS”) provides technology platforms to its clients such as entertainment
venues, promoters, and sports teams (our “Clients”) to list, sell, issue and
deliver tickets to events using AXS powered websites and mobile applications
(the “Service”). All ticket sales for events that occur in New Zealand will be
sold by AXS Group LLC; Delaware Secretary of State File No. 4933672 (“the Seller”). The
following terms and conditions (this “Agreement”) is incorporated into the
Terms of Use and our Privacy Policy and apply to all listings and transactions
on the Service and sale or use of tickets issued via the Service, whether
issued by AXS or Clients.<span style='mso-spacerun:yes'> </span>Terms and
conditions of sites linked to by or from the Service may vary by site.<span
style='mso-spacerun:yes'> </span>Please read this Agreement carefully, because
it is a contract that affects your legal rights.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>COVID-19 NOTICE</span></p>
<p class=MsoNormal><span lang=EN-GB>You understand that the event for which you
purchase a ticket shall be presented in accordance with applicable public
health conditions as of the date of such event and which may change at any time
as determined by applicable government bodies, departments, agencies or
instrumentalities, artists or the promoter; such requirements may include,
without limitation, changes to capacity, attendance procedures and entry
requirements, such as proof of vaccination and/or a negative COVID-19 test, and
other protective measures such as requiring attendees to wear face
coverings.<span style='mso-spacerun:yes'> </span>If any Holder (as defined
below) does not comply with any laws, mandates, health orders or directives,
promoter or venue terms, conditions or rules, then the promoter or venue
operator may refuse admission or require any Holder to leave the venue and
you/Holder will not be entitled to a refund.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>WARNING: COVID-19 is an extremely
contagious disease that can lead to severe illness and death.<span
style='mso-spacerun:yes'> </span>There is an inherent and elevated risk of
exposure to COVID-19 in any public place or place where people are present and
there is no guarantee, express or implied, that you will not be exposed to
COVID-19 at the event. </span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>ATTENDEE PROMISE & HEALTH ACKNOWLEDGEMENT:
You agree to follow event policies (including health and safety policies) and
posted instructions while at the event.<span style='mso-spacerun:yes'>
</span>Older adults and people of all ages with serious underlying medical
conditions may be at higher risk of death or severe illness from COVID-19.<span
style='mso-spacerun:yes'> </span>You should evaluate your risk in determining
whether to attend the event.<span style='mso-spacerun:yes'> </span>By entering
the venue/event, you voluntarily assume all risks related to exposure to
COVID-19 and confirm that you will adhere to local quarantine requirements and
public health guidelines.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Tickets (Right to Attend) Are A Revocable
Licence</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Please note that both Primary tickets
(original issuance tickets, such as those sold directly by the event organiser,
promoter, sports team or venue that puts on the event) and Resale tickets
(tickets that have been previously issued and are later posted on the Service
as resale tickets) may be available for sale on the Service, and different
terms may apply to each as detailed below.<span style='mso-spacerun:yes'>
</span>Each ticket that you purchase from this Service, receive (for example,
as a subsequent transferee of a prior purchaser) or use or that may be issued
via the Service, whether a Primary ticket or Resale ticket and including
digital tickets delivered through our AXS Mobile ID (digital) method of delivery,
is a revocable licence to attend a particular event (whether live or online) or
to park at a venue, or to exercise certain other rights associated with an
entertainment event for which the Service issues tickets, and is subject to
these terms and restrictions, as well as any specific terms and conditions
imposed by the particular venue and/or event (such as our Client and/or its
designee) for which the ticket provides entry rights.<span
style='mso-spacerun:yes'> </span>By using a ticket to enter the event listed
on the ticket, the holder of the ticket agrees to the terms stated in this
Agreement and applicable terms and conditions (including those of the
particular venue and/or event) on behalf of themselves and any accompanying
minor (collectively, “Holder”).<span style='mso-spacerun:yes'> </span>Failure
to comply shall terminate Holder’s rights hereunder and authorise Client to
withdraw the ticket, refuse admission, or eject the Holder, all without refund,
and subject Holder to all available legal remedies.<span
style='mso-spacerun:yes'> </span>The ticket is valid only for the event, date,
time, and seat location issued.<span style='mso-spacerun:yes'> </span>Holder
must possess a ticket to enter the property or venue listed on the ticket.<span
style='mso-spacerun:yes'> </span></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>From Whom You Are Buying Tickets</span></p>
<p class=MsoNormal><span lang=EN-GB>AXS acts as a sales agent of its Clients
with respect to ticket sales, and therefore “AXS” will apply also to our Client
with respect to that Client’s actions, rights, or obligations with respect to
the purchase, sale or use of tickets or attendance at an event, and to the
Client’s use of the Service to list, sell, issue and deliver tickets.<span
style='mso-spacerun:yes'> </span>When you buy a ticket listed on the Service
as a “resale” ticket, you are buying directly from the seller of that ticket.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Payment</span></p>
<p class=MsoNormal><span lang=EN-GB>All ticket prices for events that occur in New
Zealand are listed in New Zealand Dollars (NZD). The Service currently accepts
various credit cards, debit cards and digital methods of payment (such as
PayPal) (each, a “Payment Method”), and Payment Methods accepted on the Service
may change from time to time. You agree to pay all charges incurred by you or
any users of your account and Payment Method at the price(s) in effect when
such charges are incurred. You will also be responsible for paying any
applicable taxes relating to your purchases.<span style='mso-spacerun:yes'>
</span>Ticket purchases must be paid in full at the time of purchase, unless a
payment plan is offered and entered into at the time of purchase (for example,
if a payment plan is offered for season tickets).<span
style='mso-spacerun:yes'> </span>UNLESS REQUIRED BY LAW INCLUDING THE CONSUMER
GUARANTEE ACT 1993 OR AS OTHERWISE EXPRESSLY STATED HEREIN OR IN ACCORDANCE
WITH ANY TERMS AND CONDITIONS ISSUED BY A CLIENT, ALL PURCHASES ARE
NON-REFUNDABLE AND CANNOT BE CANCELLED.<span style='mso-spacerun:yes'>
</span>See below for additional terms and conditions related to your purchase,
including those in Event Cancellations/Postponements, below.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Resale of Right(s)</span></p>
<p class=MsoNormal><span lang=EN-GB>Tickets may not be resold or offered for
resale in violation of posted restrictions, or in violation of law or
regulation.<span style='mso-spacerun:yes'> </span>Violation thereof is grounds
for revocation, seizure or cancellation without refund.<span
style='mso-spacerun:yes'> </span>Tickets obtained from unauthorised sources
may be invalid, lost, stolen or counterfeit and if so, are void. </span></p>
<p class=MsoNormal><span lang=EN-GB>Except as otherwise prohibited above,
tickets may be resold by Holder using the Service in accordance with our
Client’s instructions. AXS is not the seller of Resale tickets and will be
acting only on the seller’s behalf when offering Resale tickets on the Service.
AXS does not act for or on behalf of the buyer. If you sell or transfer
tickets, you are responsible for ensuring that your transactions do not violate
any applicable law or any applicable rules or restrictions, such as this
Agreement, and those placed on the ticket and disclosed to you at the time of
purchase. Additionally, you agree to comply with these conditions and all
applicable laws, statutes, ordinances and regulations, and conditions or
restrictions imposed by the artist, promoter or venue, regarding the use of the
Service, listing of tickets for sale, solicitation of offers for purchase and
the reselling of tickets and acknowledge that your first and last name, or
business name, will be displayed when listing tickets for resale.<span
style='mso-spacerun:yes'> </span>You also agree that you are responsible, as a
seller of tickets, for paying all taxes, if any, associated with your sale of
tickets through the Service. AXS complies with any obligation it may have to provide
information to tax or other compliance authorities, including with respect to
anti-fraud and/or anti-money laundering efforts.<span
style='mso-spacerun:yes'> </span>In the event that a violation of any terms or
conditions of this Agreement occurs, AXS reserves the right to cancel your
transaction and/or cancel your tickets. You acknowledge that the Resale
Marketplace is intended for fan to fan sales and if it is suspected that you
are in the business of reselling tickets as part of a commercial enterprise
and/or on nonauthorized websites then your tickets may be blocked from
listing/transferring on the Marketplace.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Ticket Purchases</span></p>
<p class=MsoNormal><span lang=EN-GB>Purchases - General</span></p>
<p class=MsoNormal><span lang=EN-GB>You must supply the required Payment Method
and/or other personal information in order to complete your purchase. Holder
bears all risks of inclement weather or Force Majeure events. Force Majeure
events include, without limitation, fire, accident, acts of God, pandemic or
public health event, severe weather conditions, power outages,
telecommunication interruption, strikes or labour disputes, war or other
violence, or any law, order, proclamation, regulation, ordinance, demand or
requirement of any governmental agency. Event date, location and time are
subject to change.</span></p>
<p class=MsoNormal><span lang=EN-GB>In reviewing and/or purchasing tickets, you
may be linked to a third-party site, which is not affiliated with our Services.
WE ARE NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY WEB SITES, INCLUDING
PURCHASES MADE ON THOSE SITES. Please make sure to review the terms and
conditions that you will find on these third-party sites.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>On payment in full by you, you shall be
entitled to the tickets purchased by you. Delivery of the tickets shall be made
in accordance with the section headed “Delivery of Tickets” below.</span></p>
<p class=MsoNormal><span lang=EN-GB>If you decide to purchase tickets,
merchandise, parking or other rights, you agree to pay, in addition to the
price for the tickets or other items, other fees and charges that we impose or
collect on behalf of our Clients, or that our Clients collect, such as service
fees, handling fees, delivery fees and any other miscellaneous fees. You also
agree to pay any applicable taxes, including, but not limited to, any
applicable admissions tax. As a seller of tickets you agree that we may receive
payment from the buyer in respect of such fees and charges.</span></p>
<p class=MsoNormal><span lang=EN-GB>You are urged to review all pages displayed
during your completion of a purchase. All fees and charges relating to your
transaction will be disclosed to you during the purchase process.<span
style='mso-spacerun:yes'> </span>If you do not agree to pay the fees or
charges associated with your purchase, you must cancel your transaction prior
to completing it. All completed transactions are final, so please be sure that
you have selected the proper event, tickets, or other rights prior to
completing your purchase.</span></p>
<p class=MsoNormal><span lang=EN-GB>We or our Client have the right to reject
or cancel any purchase, including if we suspect fraud or any other issues with
payment or suspicious account activity or other suspected violations of this
Agreement or our Terms of Use.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Purchases – Primary</span></p>
<p class=MsoNormal><span lang=EN-GB>Unless otherwise stated as part of the
purchase, any “primary” tickets (i.e., original issuance tickets sold directly
by the event organizer, promoter, sports team or venue that puts on the event)
(each a “Primary Ticket” and collectively, the “Primary Tickets”) purchased on
the Service are typically subject to a per-ticket service charge and a per
order handling or processing charge. A per-order delivery fee may also be
assessed, depending on the venue and delivery method. In some instances,
tickets delivered via mobile delivery (through AXS Mobile ID) to your AXS
account will not incur a delivery charge. We may also impose other fees and
charges including, but not limited to, charges for issuance, service, handling,
processing, shipping, delivery (including, but not limited to, charges for
courier delivery) and any other miscellaneous charges assessed by us. These
fees and charges represent, among other things, the costs we incur in providing
our goods and services to you. The fees and charges we assess may be greater
than our actual cost of providing those services, and we may retain a portion
of all such fees and charges as profit.<span style='mso-spacerun:yes'>
</span>In some cases, you may be able to avoid certain charges by purchasing
tickets directly from the venue’s box office. </span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Purchases – Resale</span></p>
<p class=MsoNormal><span lang=EN-GB>If you are purchasing a resale ticket
(i.e., a Primary ticket that is then resold) (each, a “Resale Ticket” and
collectively, the “Resale Tickets”), there may be applicable buyer, transfer,
and/or logistics fees and charges imposed. Such fees and charges may vary.
Please consult the information found within each event detail page, which will
disclose all applicable fees and charges prior to completion of your purchase.
We reserve the right to increase or decrease these fees at any time without
advance notice for future transactions.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>If you are purchasing a Resale Ticket, you
will be entering into a contract with the seller of the Resale Ticket for the
sale and transfer of the Resale Ticket to you.</span></p>
<p class=MsoNormal><span lang=EN-GB>We do not review, nor do we warrant or
guarantee, the accuracy of any information provided on our Service, including
any information provided by Resale sellers of tickets in the seller comments
areas of any ticket listings (if any). You should base your purchase decision
on the information indicated by the Section, Row and Seat Number in the
listing.</span></p>
<p class=MsoNormal><span lang=EN-GB>You are solely responsible for making a
purchase, based on the information provided on our Service. We do not have any
legal authority to complete a purchase on your behalf, and do not act as your
agent. By providing payment details and choosing to complete the checkout
process on our Service, you are agreeing for us to debit or authorise payment
for the Right(s) and transaction(s) via the Payment Method provided.</span></p>
<p class=MsoNormal><span lang=EN-GB>You are urged to review all pages displayed
during your completion of a purchase. All fees and charges relating to your
transaction will be disclosed to you during the purchase process. If you do not
agree to pay the fees or charges associated with your purchase, you may cancel
your transaction prior to completing it. All completed transactions are final,
so please be sure that you have selected the proper event and Right(s) relating
to such event prior to completing your purchase.</span></p>
<p class=MsoNormal><span lang=EN-GB>If the original ticketed event has been
postponed or rescheduled, and you have resold this ticket, you will still
receive your payment as to the Resale transaction approximately ten (10)
business days after the new event date (unless further postponed or
rescheduled). </span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Ticket Sales</span></p>
<p class=MsoNormal><span lang=EN-GB>Sales – General</span></p>
<p class=MsoNormal><span lang=EN-GB>Seller fees on the Service may vary. Please
consult the seller fee information found within our Service. Our sales fee
(defined within each event) will be assessed against you as the seller of any
Right(s) that are sold or offered for sale, as well as any VAT, GST or
equivalent tax that may apply, both of which will be deducted from the
transaction amount due to you. At the time of the sale, you will receive an
email confirmation showing your net proceeds from the sale, and information on
how the proceeds due to you from any sale transaction will be made available to
you.</span></p>
<p class=MsoNormal><span lang=EN-GB>We may also impose additional fees and
charges payable by the buyer, which will be disclosed to the buyer during the
purchase process. You, as seller, consent to AXS receiving and retaining
payment in respect of such fees and charges from the buyer, and you acknowledge
that you will not be entitled to such fees and charges.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Sales – Primary</span></p>
<p class=MsoNormal><span lang=EN-GB>We act on behalf of a seller (our Client)
when selling Primary Tickets. This means that our Clients have given us
authority to conclude a sale of tickets to a buyer for the tickets that the
Clients have chosen to list for sale.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>On receipt by us of payment from you, we
shall transfer the ticket to you, subject to this Agreement, our Terms of Use
and the specific terms and conditions of our Client (and the particular venue
and/or event, if otherwise).</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Sales – Resale</span></p>
<p class=MsoNormal><span lang=EN-GB>We act on your behalf, as seller, when
listing or reselling tickets. This means that you agree that we will have
authority to conclude a sale of your tickets to a buyer on your behalf once you
have told us to list the corresponding tickets for resale. You will also be
entering into a separate contract with the buyer, allowing us to transfer your
tickets (“Rights(s)”) and the corresponding ticket Right(s) to them.<span
style='mso-spacerun:yes'> </span>The proceeds from Resale Ticket transactions
may not be immediately available for disbursement and AXS may delay the
disbursement until the associated event has occurred.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>AXS utilises Hyperwallet payment services
to receive payments from the buyer and to deliver payments to you. Such payment
services are subject to the Hyperwallet Terms of Service (including but not
limited to the Hyperwallet Terms and Conditions) and the Hyperwallet Privacy
Policy.</span></p>
<p class=MsoNormal><span lang=EN-GB>On receipt by Hyperwallet or us of payment
from the buyer, we shall transfer the ticket Right(s) to the buyer and the
buyer shall have no further liability to you, as seller. AXS understands that
the proceeds of any Resale transaction will be held in a separate account by
Hyperwallet. The proceeds from Resale transactions, less any fees and charges
due to us, will be transferred to you within 10 days after the relevant event
has taken place. Any claim in relation to the Hyperwallet payment services will
be a matter for you and Hyperwallet, and AXS is not responsible for any act or
omission by Hyperwallet.</span></p>
<p class=MsoNormal><span lang=EN-GB>Finally, as a seller of tickets, you agree
never to specify or include any of the following within the seller comments
area of ticket listings:</span></p>
<p class=MsoNormal><span lang=EN-GB>Aside from your name, if required, or other
required information, any other personally identifiable information (including,
but not limited to, street address, phone numbers, or email addresses);</span></p>
<p class=MsoNormal><span lang=EN-GB>Offensive, profane or abusive information
or remarks;</span></p>
<p class=MsoNormal><span lang=EN-GB>Obscene, indecent, pornographic or unlawful
information or remarks;</span></p>
<p class=MsoNormal><span lang=EN-GB>Libellous, slanderous, defamatory, or infringing
information or remarks;</span></p>
<p class=MsoNormal><span lang=EN-GB>JavaScript or any other scripting language;
or</span></p>
<p class=MsoNormal><span lang=EN-GB>HTML or HTML tags (or any similar mark-up or
coding designed to alter the normal operation of the Service or a user's
browser).</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Transfers</span></p>
<p class=MsoNormal><span lang=EN-GB>Transfer fees may vary by event and venue.
Please consult the seller fee schedule found within each event and venue’s
branded area. Our purchase fees may apply to you if you as a transferee are
receiving tickets pursuant to a sale of such tickets through another publicly
available marketplace. Our sales fee (defined within each event and venue’s
branded area) will be assessed against the seller/transferor of any tickets
that are sold or offered for sale on another publicly available marketplace.
Our fees will be charged as provided to the relevant credit and/or debit card
on file for the transferor and/or transferee.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>General Limitations</span></p>
<p class=MsoNormal><span lang=EN-GB>All scheduled actions including, but not
limited to, purchases and listing expirations will be processed approximately
at the date and time specified as indicated by the Service’s system clock. You
acknowledge and accept that actual processing time may vary by seconds or in
unusual cases, by minutes, from the exact time specified.</span></p>
<p class=MsoNormal><span lang=EN-GB>The Service will automatically complete a
sale if it receives any valid offer to purchase for any listing that remains in
effect and available for purchase. Listings will be deemed to be in effect from
the time the Service processes the listing action until the earlier of (i) the
time the Service processes the expiration or withdrawal of the listing or (ii)
the time the Service completes the processing of a retraction action for that
listing. Listings are not considered retracted until they have been processed
and a system confirmation has been issued.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Limitations on Transfer or Resales; Right
to Cancel Primary or Resale Transaction</span></p>
<p class=MsoNormal><span lang=EN-GB>You are prohibited from offering for sale
or selling your ticket Right(s) where such prohibition was disclosed to you
prior to completion of your purchase (for example, online or via a pop-up box
related to the Event on the Service. You are also prohibited from transferring
your ticket Right(s) where such prohibition was disclosed to you prior to
completion of your purchase (for example, online or via a pop-up box related to
the Event on the Service) or in connection with purchase of your Right(s) (for
example, in an email describing an upcoming onsale, presale, or other offer of
ticket Right(s) .<span style='mso-spacerun:yes'> </span>Prohibitions on
offering for sale, or selling your ticket Right(s) apply to any other publicly
available marketplace, whether or not electronic or accessible through the
Internet, unless such marketplace is publicly designated an authorised partner
of AXS.<span style='mso-spacerun:yes'> </span>You are also prohibited from
violating any additional limitations and/or restrictions on the right to transfer
and/or resell your Right(s), where such limitations and/or restrictions were
disclosed to you prior to completion of your purchase or attempted transfer or
resale (for example, such disclosure may be communicated in the event
description page, in pop-up boxes, or via email).<span
style='mso-spacerun:yes'> </span>Any use of the Service to facilitate the sale
of Right(s) through another publicly available marketplace that is not our
partner, or use of the Service or another publicly available marketplace to
facilitate the sale of Rights when the applicable tickets were sold with a
resale restriction, may result in any or all of the following: (i) cancellation
of the transfer or sale transaction conducted on our Service; (ii) a charge of
our sales fee, calculated with respect to the full sales price of such Right(s)
sold or transferred, assessed against the seller/transferor of such Right(s)
(such sales fee will be charged to the Payment Method on file for the
seller/transferor, typically within twenty-four (24) hours after we provide
notice of the assessment of such charge to such person via email); (iii)
revocation of the seller/transferor’s rights to use the Service and any or all
of our other services; and (iv) revocation of such sold or transferred Right(s)
by the event/venue (e.g., our Client).</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>In certain circumstances, we may cancel a
transaction (prior to or after completion of the transaction) and return the
tickets to our Client or to the person who held the tickets prior to the
completion of the transaction. We will endeavour to notify you of cancellation,
however we may not do so if the cancellation is necessary because of a breach
of this Agreement or in cases of unlawful or fraudulent activities.<span
style='mso-spacerun:yes'> </span>The circumstances in which we may cancel a transaction
include, but are not limited to, the following:</span></p>
<p class=MsoListParagraphCxSpFirst style='text-indent:-.25in;mso-list:l0 level1 lfo1'><![if !supportLists]><span
lang=EN-GB style='font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol'><span style='mso-list:Ignore'>·<span style='font:7.0pt "Times New Roman"'>
</span></span></span><![endif]><span lang=EN-GB>If we or our Client revokes any
tickets, Primary Ticket and Resale Ticket listings concerning such tickets and
related rights (such as parking) will be canceled.</span></p>
<p class=MsoListParagraphCxSpMiddle style='text-indent:-.25in;mso-list:l0 level1 lfo1'><![if !supportLists]><span
lang=EN-GB style='font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol'><span style='mso-list:Ignore'>·<span style='font:7.0pt "Times New Roman"'>
</span></span></span><![endif]><span lang=EN-GB>If an event is cancelled
(without being rescheduled), listings for tickets to such event will be
terminated.</span></p>
<p class=MsoListParagraphCxSpMiddle style='text-indent:-.25in;mso-list:l0 level1 lfo1'><![if !supportLists]><span
lang=EN-GB style='font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol'><span style='mso-list:Ignore'>·<span style='font:7.0pt "Times New Roman"'>
</span></span></span><![endif]><span lang=EN-GB>If buyer’s Payment Method
provider does not remit payment, the transaction will be cancelled.</span></p>
<p class=MsoListParagraphCxSpMiddle style='text-indent:-.25in;mso-list:l0 level1 lfo1'><![if !supportLists]><span
lang=EN-GB style='font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol'><span style='mso-list:Ignore'>·<span style='font:7.0pt "Times New Roman"'>
</span></span></span><![endif]><span lang=EN-GB>If we suspect, in our sole
discretion, fraudulent or other illegal activity (whether from the buyer or
seller of any transaction).</span></p>
<p class=MsoListParagraphCxSpMiddle style='text-indent:-.25in;mso-list:l0 level1 lfo1'><![if !supportLists]><span
lang=EN-GB style='font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol'><span style='mso-list:Ignore'>·<span style='font:7.0pt "Times New Roman"'>
</span></span></span><![endif]><span lang=EN-GB>If we suspect, in our sole
discretion, unauthorized or fraudulent use of a seller or buyer’s account with
us.</span></p>
<p class=MsoListParagraphCxSpMiddle style='text-indent:-.25in;mso-list:l0 level1 lfo1'><![if !supportLists]><span
lang=EN-GB style='font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol'><span style='mso-list:Ignore'>·<span style='font:7.0pt "Times New Roman"'>
</span></span></span><![endif]><span lang=EN-GB>If a buyer, seller or
transferee breaches the terms of this Agreement, including but not limited to
exceeding ticket limits, we may, in our discretion, cancel any listing,
transfer and/or pending transaction associated with such buyer, seller or
transferee.</span></p>
<p class=MsoListParagraphCxSpMiddle style='text-indent:-.25in;mso-list:l0 level1 lfo1'><![if !supportLists]><span
lang=EN-GB style='font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol'><span style='mso-list:Ignore'>·<span style='font:7.0pt "Times New Roman"'>
</span></span></span><![endif]><span lang=EN-GB>If we deem, in our sole
discretion, that a listing, transfer and/or transaction violates the law, this
Agreement or the terms and conditions or other rules of our Client and, if
different, the subject venue, we may cancel such listing, transfer and/or
transaction.</span></p>
<p class=MsoListParagraphCxSpMiddle style='text-indent:-.25in;mso-list:l0 level1 lfo1'><![if !supportLists]><span
lang=EN-GB style='font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol'><span style='mso-list:Ignore'>·<span style='font:7.0pt "Times New Roman"'>
</span></span></span><![endif]><span lang=EN-GB>If the tickets and/or parking
rights to an event are limited as described in Limits on Tickets and Parking
Rights, and you have already purchased the permitted number of tickets and/or
parking rights, we may cancel any past or pending transactions relating to
similar ticket or parking rights.</span></p>
<p class=MsoListParagraphCxSpMiddle style='text-indent:-.25in;mso-list:l0 level1 lfo1'><![if !supportLists]><span
lang=EN-GB style='font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol'><span style='mso-list:Ignore'>·<span style='font:7.0pt "Times New Roman"'>
</span></span></span><![endif]><span lang=EN-GB>If there is an error in the
pricing of a ticket offered for sale through the Service, we may cancel any
listing, transfer and/or transaction all as more fully described in Pricing and
Other Errors.</span></p>
<p class=MsoListParagraphCxSpLast style='text-indent:-.25in;mso-list:l0 level1 lfo1'><![if !supportLists]><span
lang=EN-GB style='font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol'><span style='mso-list:Ignore'>·<span style='font:7.0pt "Times New Roman"'>
</span></span></span><![endif]><span lang=EN-GB>If we cancel a transaction
because the buyer fails to remit payment for any reason, we are only obligated
to return the tickets associated with such cancelled transaction to the seller.</span></p>
<p class=MsoNormal><span lang=EN-GB>In these instances and as part of the
cancellation of any transaction, AXS reserves the right to remove any relevant
sales proceeds from the Resale Ticket seller’s AXS account, process a reversal
of a prior funds transfer made to the seller or charge the Payment Method on
file for such seller and/or cancel a pending transaction, whether for Resale
Tickets or Primary Tickets.<span style='mso-spacerun:yes'> </span></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>You understand that you must comply with
all applicable laws, regulations and/or ordinances associated with the sale or
purchase of tickets (including as to entertainment events, such as resale
restrictions) or the use of the Service, and you are responsible for complying
with all applicable ticket resale laws.<span style='mso-spacerun:yes'> </span></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>As part of AXS's ongoing security efforts,
security screenings and/or validations may be performed with respect to
listings, transfers and/or transactions in connection with the above.<span
style='mso-spacerun:yes'> </span>For cancellations due to suspected fraudulent
activity (whether by you, on your behalf, via your account or otherwise), we
may not be obligated to notify you of the cancellation and/or refunding, nor
provide you with any details of the suspected fraudulent activity, so as to
ensure that those committing (or attempting to commit) fraud are not alerted to
the investigative methods.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Refunds and Exchanges </span></p>
<p class=MsoNormal><span lang=EN-GB>Please review your tickets carefully,
including date and location of the event and your seat selection, before
completing your transaction. Unless otherwise stated in our terms and to the
extent permissible under applicable laws, tickets cannot be exchanged or
refunded even if lost, stolen, damaged or destroyed.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Event Cancellations/Postponements</span></p>
<p class=MsoNormal><span lang=EN-GB>From time to time, events may be cancelled,
postponed or rescheduled (e.g., changed to a different date, a materially different
time and/or a different venue from that specified at the original time of
purchase, or announced to be no longer taking place, to be on hold, that a
newly announced event date has been cancelled, or that a new event date has
been confirmed) for a variety of reasons.<span style='mso-spacerun:yes'>
</span></span></p>
<p class=MsoNormal><span lang=EN-GB>If you hold tickets to an event that is
cancelled, postponed or rescheduled, we encourage you to directly contact the
venue to obtain information about postponed dates, if any, of the event and
whether there is an applicable refund. Refund policies vary by venue and event;
by purchasing a ticket, you agree to the refund policy of the associated venue
and event. Please note that if an opening act or guest artist is changed or
cancelled, the event is not considered “cancelled” and you will not be entitled
to a refund or exchange. While we will try to provide you with information on
rescheduling and refunds as such information becomes available to us, the venue
and event promoter will have this information more immediately.<span
style='mso-spacerun:yes'> </span>All times listed as to events on our website
are approximate and subject to change, sometimes with short notice, and we
reserve the right to amend our website and such information from time to time
and at any time; therefore, you should check with the associated venue and
event promoter periodically to ensure that you have the most up-to-date
information available.<span style='mso-spacerun:yes'> </span>Ultimately, it is
your responsibility to confirm with the venue and event promoter whether the
event is proceeding at the time specified on the ticket or otherwise.<span
style='mso-spacerun:yes'> </span></span></p>
<p class=MsoNormal><span lang=EN-GB>Please note, once a Resale Ticket is sold
on the Resale Marketplace, to the extent permissible under applicable laws the
Resale Ticket transaction cannot be cancelled and no refunds will be processed
for any reason, including as to tickets purchased on the Resale Marketplace,
even if the event has been postponed or rescheduled, regardless of the
associated venue policy.</span></p>
<p class=MsoNormal><span lang=EN-GB>If an event is rescheduled and you are
unable to attend on the rescheduled event date, you may be able to receive a
refund if you purchased a Primary Ticket depending on the venue policy.
However, you will need to seek such refund within the stated time after the
event is rescheduled.<span style='mso-spacerun:yes'> </span>If you do attend
the rescheduled event, we will try to offer a ticket with the same or similar
value or in the same or similar location as the one you originally purchased,
although that is not always possible. While we will use reasonable endeavors to
provide seat location(s) in the same or, in our estimation, similar location(s)
to those specified on the Ticket at the original time of purchase, (a) we
reserve the right to provide alternative seating of equal value from your purchase
and (b) where we are unable to do so, we will reimburse to you the difference
in ticket value for the seat location(s) we are able to provide relative to the
ticket value for the seat location(s) printed on your Ticket, and we shall have
no further liability to you as a result of and/or following such seating
change.<span style='mso-spacerun:yes'> </span>You will not be able to seek a
refund based off of any changes to the exact seat(s) we are able to offer so
long as it is not materially different in AXS’s reasonable opinion.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>In the unlikely circumstance of event
cancellation (e.g., without a rescheduled date or without reference as to a
rescheduled date to be announced), cancellation policies may require that you
refund the proceeds you received in a Resale transaction from a buyer (so that
every party receives the appropriate refund of payments made). AXS reserves the
right to charge your account balance and/or Payment Method used any amounts
necessary to provide refunds for seats purchased and re-sold to another party.
You agree to authorise said charges and to pay in full. In the event you are
entitled to a direct refund and you have requested such a refund, we may
automatically issue you a refund to the Payment Method you used to purchase the
ticket.</span></p>
<p class=MsoNormal><span lang=EN-GB>Any amounts paid for ticket insurance for
an event is non-refundable in cases where AXS has processed refunds, if
eligible, at the customer’s request.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Limits on Tickets and Parking Rights Per
Customer</span></p>
<p class=MsoNormal><span lang=EN-GB>In an effort to give all interested
customers an opportunity to purchase seating and/or parking tights, or tickets
for an event, our Clients often set limits on the number of seating and/or
parking rights, or tickets one customer or household is allowed to purchase.
You will be advised of any such limits during the purchase process or by a
system limitation on the number of tickets you may purchase during your online
session. Tickets purchased for an event during multiple online sessions on the
Service may be totalled to ensure that any limitations imposed by the Client
are not exceeded. Exceeding these limits may result, without notice, in
cancellation of order(s) or such order(s) may not be fulfilled.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Availability of Tickets </span></p>
<p class=MsoNormal><span lang=EN-GB>The availability of tickets and/or parking
rights are subject to change. We act as a sales agent for our Clients. Tickets
for events may be sold through distribution points other than the Service, such
as the venue or event organiser itself, which may have access to different
tickets than are available on the Service.<span style='mso-spacerun:yes'>
</span>We do not control the number of tickets and/or parking rights (and/or
items) sold on the Service or the location of seats or parking spaces that are
made available for purchase.<span style='mso-spacerun:yes'> </span>Our Clients
may potentially release additional tickets during presale, onsale, or any other
time up to the day of the event. Tickets and/or parking rights are also
"locked" (not available) for a short time while customers complete
their purchase.<span style='mso-spacerun:yes'> </span>If a customer does not
complete their purchase, previously locked tickets and/or parking rights are
released and made available for purchase. For these reasons and others, the
tickets and/or parking rights available for a given event can and do change
rapidly. If you are unable to find tickets or parking rights, please check back
again. Once your purchase has been completed, we will not exchange or refund
your order (except as otherwise provided in this Agreement), even if additional
tickets or parking rights become available at a later date.<span
style='mso-spacerun:yes'> </span></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Pricing and Other Errors</span></p>
<p class=MsoNormal><span lang=EN-GB>If the amount that you pay for a ticket is
obviously incorrect, regardless of whether it is an error in a price posted on
the Service or otherwise communicated to you, or if you are able to order
tickets before their scheduled on-sale date, then we reserve the right, at our
sole discretion, to cancel your order and refund to you the amount that you
paid. This policy will apply regardless of how the error occurred.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Venue/Event Specific Terms and Conditions</span></p>
<p class=MsoNormal><span lang=EN-GB>By purchasing or accepting tickets to an
event or other item on the Service, you agree to be bound by the terms and
conditions and other rules of our specific Client and the venue where the
specific event is being held. Links to event and/or venue terms and conditions
that are specific to such events or at such venues may be included within your
purchase confirmation, ticket delivery or event reminder emails, or made
available on each event and venue’s branded area on our Service, or made
available on the applicable Client’s website. We recommend that you review the
official terms and conditions and other rules of each event and venue to which
you hold tickets.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Delivery of Tickets</span></p>
<p class=MsoNormal><span lang=EN-GB>Your tickets will be delivered to you as
indicated at the time of purchase, most frequently via mobile delivery to your
AXS account.<span style='mso-spacerun:yes'> </span>Certain events may have
restricted delivery options, as well as delayed delivery windows (for example,
the tickets for online events will typically be delivered to your AXS account
immediately following purchase whereas tickets for certain live events may not
be delivered until a date closer to the event).<span style='mso-spacerun:yes'>
</span>AXS is not able to specify the exact date of delivery for each event, so
please allow as much time as possible for your tickets to arrive.<span
style='mso-spacerun:yes'> </span>Shipping information, if any, is provided at
checkout.<span style='mso-spacerun:yes'> </span>If tickets are mailed, they
will be sent to the address provided by the purchaser at the time of
purchase.<span style='mso-spacerun:yes'> </span>AXS is not responsible for
failure of delivery or any losses incurred as a result of a purchaser’s failure
to provide an accurate address.<span style='mso-spacerun:yes'> </span>If you
have not received your tickets five (5) days before the event for which you
purchased, please contact us.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>There may be circumstances in which we make
your tickets available for your collection at the box office of the venue for
which the event will be held. We will notify you by email if this box office
collection is required. In order to collect your tickets at the box office, you
will be asked for order confirmation, proof of identity and Payment Method used
for the transaction. If you are unable to provide this information, the box
office may refuse to provide your tickets to you and we will not be responsible
for your inability to enter the event.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Charges to Your Payment Method</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>If you feel that a charge has been made to
your Payment Method in error, please contact our customer service department.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Customer Service Department</span></p>
<p class=MsoNormal><span lang=EN-GB>Our customer service department is
available to all of our current and potential customers. Our customer service
department endeavors to assist current and potential customers to manage/set-up
their account information in any way that is permitted by the Service. Prior to
access, current customers must provide specific personally identifiable
information that matches the current information in the account.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Right to Act on Instructions by Others</span></p>
<p class=MsoNormal><span lang=EN-GB>We and designated personnel of the applicable
Client and, if different, the venue(s) associated with the applicable event(s),
event producers and/or event promoters, are authorised to perform any action on
your behalf that you could otherwise perform if we are instructed by someone in
possession of your account authorisation information. You agree that we may
perform these actions, including, but not limited to, addition or correction of
account profile information, addition of additional forms of electronic
identification to your account, transferring Right(s) to others, listing
Right(s) for sale, and/or purchasing Right(s).</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Information You Provide to Us</span></p>
<p class=MsoNormal><span lang=EN-GB>By using the Service, you agree to our
Privacy Policy and Terms of Use.<span style='mso-spacerun:yes'> </span>All
information provided through the Service will be managed and processed in
accordance with the Privacy Policy.<span style='mso-spacerun:yes'> </span>All
information that you provide in connection with your purchase from the Service
(including your name, address, credit card number, and other identifying
information) must be accurate, current and complete.</span></p>
<p class=MsoNormal><span lang=EN-GB>You understand and agree that we shall have
the right to provide any information you submit on or through the Service to
third parties for purposes of facilitating the completion of any purchase made
by you, on your behalf or through your account. Verification of information may
be required prior to the acknowledgment or completion of any purchase.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Compliance with Laws</span></p>
<p class=MsoNormal><span lang=EN-GB>You understand that you must comply with
all applicable laws, regulations and/or ordinances associated with the sale or
purchase of tickets (including as to entertainment events, such as resale
restrictions) or the use of the Service, and for complying with all applicable
ticket resale laws.<span style='mso-spacerun:yes'> </span>You also understand
that you must comply with all laws, mandates, health orders and directives
applicable to the event you attend.<span style='mso-spacerun:yes'>
</span>Unlawful resale (or attempted resale), counterfeit or copy of tickets is
grounds for seizure and cancellation without compensation.<span
style='mso-spacerun:yes'> </span>Certain maximum resale premiums and
restrictions may apply in some jurisdictions and you understand that complying
with laws is your responsibility and we are not responsible for providing legal
advice regarding resale or pricing of tickets. In addition, we reserve the
right to restrict or deny ticket purchasing privileges to anyone that we
determine to be, or has been, in violation of our policies. Because we do not
guarantee the authenticity of tickets purchased from any non-authorized
third-party reseller (such as brokers or individuals), we recommend that you
purchase tickets directly through AXS, our Client, authorized partners or from
the venue box office to ensure ticket authenticity. </span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>You acknowledge that complying with laws is
your responsibility. YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY
WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE
WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU
SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT.
Remember a Client or venue operator or event producer, in order to prevent
ticket misuse, may require the person purchasing tickets to be the person that
uses the ticket. Therefore, you may be required to produce verification of
identity in order to pick up or use the tickets purchased.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Information/Services We Provide to You</span></p>
<p class=MsoNormal><span lang=EN-GB>We reserve the right, without prior
notification, to change any content on the Service.</span></p>
<p class=MsoNormal><span lang=EN-GB>We may make available promotional codes
that are provided to us in relation to particular events and/or tickets.<span
style='mso-spacerun:yes'> </span>The terms and conditions for use of such promotional
codes will be determined by the Client or provider. We do not warrant or
guarantee that any such promotional codes are valid or correct, and any claim
that any user may have in relation to any such promotional codes will be
between the user and the applicable Client.<span style='mso-spacerun:yes'>
</span></span></p>
<p class=MsoNormal><span lang=EN-GB>We may, by notice to the user, terminate,
suspend any or limit any user’s ability to make purchases through the Service.
Price and availability of any ticket, product or service on the Service are
subject to change without notice.</span></p>
<p class=MsoNormal><span lang=EN-GB>Order Confirmation</span></p>
<p class=MsoNormal><span lang=EN-GB>AXS or the Client may send a summary of
your purchase to the email address provided to the Service. You should receive
a confirmation after concluding your transaction. If you do not receive a
confirmation from us, if you receive an error message, or if you discover an
error in the information provided, contact Customer Service immediately to
ensure your transaction was completed and that your information is correct. The
Service cannot be responsible for transactions that were not completed or for
assumptions that a transaction was completed even though you did not receive a
confirmation.</span></p>
<p class=MsoNormal><span lang=EN-GB>Please note that orders are processed only
after a billing address, and/or other billing information, has been verified.
Occasionally, we receive incorrect billing or Payment Method information for a
ticket order that can delay processing and delivery. In these cases, customer
service will attempt to contact you, using the information we have on file. If
customer service is unable to reach you after its initial attempt, the Service
may cancel your order and release your tickets without further notice to you.
Information sent to the email address you provide will be deemed to be
delivered to you, regardless of whether you check your email, provide an incorrect
address, or if the message is marked as “junk or “spam.”</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>TERMS AND CONDITIONS</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>THE PURCHASE AND/OR USE OF ALL TICKETS ARE
SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:</span></p>
<p class=MsoNormal><span lang=EN-GB>By entering the venue for the event, each
Holder agrees to the following Assumption of Risk, Waiver and Limitation of
Liability:</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>ASSUMPTION OF RISK </span></p>
<p class=MsoNormal><span lang=EN-GB>Holder understands and agrees that there
are certain risks inherent in attending any event, including a sporting or
entertainment/concert event, and voluntarily assumes all risk of property loss
or damage, personal injury, illness and/or death arising in connection with the
use of the ticket and/or before, during or after the event (e.g., by entering
the venue and/or attending the event), including, without limitation, objects
or fragments thrown or flying into the spectator area, a venue’s stands,
concourses and/or concession areas during an event, special effects at an
event, acts or omissions of other spectators and risks related to the novel
coronavirus SARS-CoV-2 and any resulting disease (together with any mutation,
adaptation or variation thereof, “COVID-19”). Holder understands and agrees
that these risks cannot be fully eliminated.<span style='mso-spacerun:yes'>
</span>Holder understands and agrees (a) that the risks of exposure to COVID-19
are increased by proximity to other people, (b) that an inherent and elevated
risk of exposure to COVID-19 exists in any public place or place where people
are gathered, (c) that entering the venue and/or attending the event may
involve coming into close contact with other people, and (d) that there is no
guarantee, express or implied, that Holder will not be exposed to
COVID-19.<span style='mso-spacerun:yes'> </span></span></p>
<p class=MsoNormal><span lang=EN-GB>Despite these risks, Holder voluntarily
assumes ALL known and potential risk and danger of property loss, illness
(including sickness, whether airborne or otherwise, and other risks of exposure
to any communicable disease or illness or a bacteria, virus or other pathogen
capable of causing a communicable disease or illness), injury and/or death from
any cause, resulting from, in connection with, or incidental to the venue
and/or event, including exposure to COVID-19, whether occurring prior to,
during or after the event.<span style='mso-spacerun:yes'> </span>Holder agrees
that the Releasees (defined below) shall not be responsible or liable for any
claim, loss, damage or injury, whether occurring before, during, or after the
event, regardless of whether caused by the negligence or other fault of
Releasees or any third party.</span></p>
<p class=MsoNormal><span lang=EN-GB>WAIVER </span></p>
<p class=MsoNormal><span lang=EN-GB>To the fullest extent permitted by
applicable laws, Holder forever releases, waives, discharges and agrees not to
sue the Service, event (including any promoter and/or producer thereof), venue,
facility, management, participants, participating clubs or parties, artists,
players, musicians, Anshutz Entertainment Group, Inc. and each of their
affiliates (including AXS New Zealand Group Limited and AXS Group LLC), and
their respective past and present employees, officers, directors, members,
partners, owners, managers, operator, sponsors, advertisers, contractors,
suppliers, volunteers, representatives, other agents, successors and assigns
(collectively, the “Releasees”) for any known or unknown claim, loss, damage,
injury, illness, liability, demands, actions or omissions incidental to, in
connection with or resulting from entering the venue and/or attending the event,
whether such risks and dangers occur before, during, or after the event,
including injury or death relating to COVID-19 or any other illness or injury
that Holder may sustain while at the venue or related to attending the event,
regardless of whether caused by the negligence or other fault of Releasees or
any third party (“Claims”).</span></p>
<p class=MsoNormal><span lang=EN-GB>LIMITATION OF LIABILITY<span
style='mso-spacerun:yes'> </span></span></p>
<p class=MsoNormal><span lang=EN-GB>To the fullest extent permitted by
applicable laws, none of the Releasees are or will be responsible or liable to
you or to any third party for, and you expressly waive all rights to seek, any
indirect, incidental, consequential, special, exemplary, punitive or other
damages under any theory of liability, arising out of or relating in any way to
the Service, transactions made through the Service, and/or materials contained
on the Service, or the event (even if we or Client have been advised of the
possibility of such loss or damages, or such loss or damages were reasonably
foreseeable).</span></p>
<p class=MsoNormal><span lang=EN-GB>Nothing in these Terms operates to exclude,
limit or modify the application of any statute (including the <i>Consumer
Guarantees Act 1993</i>) where to do so would be unlawful, contravene that
statute or cause any part of this clause to be void.</span></p>
<p class=MsoNormal><span lang=EN-GB>Subject to the paragraph above and to the
extent permitted by law, we:</span></p>
<p class=MsoListParagraphCxSpFirst style='margin-bottom:10.0pt;mso-add-space:
auto;text-indent:-.25in;mso-list:l1 level1 lfo2'><![if !supportLists]><span
lang=EN-GB style='font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol'><span style='mso-list:Ignore'>·<span style='font:7.0pt "Times New Roman"'>
</span></span></span><![endif]><span lang=EN-GB>exclude all terms, conditions,
warranties and guarantees implied or imposed by statute, law or other source
external to this Agreement (including as to the description, acceptable quality
or fitness for purpose of any goods or services);</span></p>
<p class=MsoListParagraphCxSpMiddle style='margin-bottom:10.0pt;mso-add-space:
auto;text-indent:-.25in;mso-list:l1 level1 lfo2'><![if !supportLists]><span
lang=EN-GB style='font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol'><span style='mso-list:Ignore'>·<span style='font:7.0pt "Times New Roman"'>
</span></span></span><![endif]><span lang=EN-GB>except for liability expressly
assumed under this Agreement, exclude all liability whatsoever, whether under
statute, contract, for negligence or other tort, or otherwise, arising out of,
in relation to or in connection with this Agreement (including for malfunction
or destruction of data); and</span></p>
<p class=MsoListParagraphCxSpLast style='margin-bottom:10.0pt;mso-add-space:
auto;text-indent:-.25in;mso-list:l1 level1 lfo2'><![if !supportLists]><span
lang=EN-GB style='font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol'><span style='mso-list:Ignore'>·<span style='font:7.0pt "Times New Roman"'>
</span></span></span><![endif]><span lang=EN-GB>limit any liability which
cannot be excluded or limited under the other provisions of this clause to, at
our option, in the case of services, the cost of supplying the services again
or payment of the cost of having the services supplied again, or in the case of
goods, the cost of replacing the goods, supplying equivalent goods or having
the goods repaired, or payment of the cost of replacing the goods or of
acquiring equivalent goods or having the goods repaired.</span></p>
<p class=MsoNormal><span lang=EN-GB>In any case our liability to you for any
claim arising out of, in relation to or in connection with this Agreement will
not exceed the amount paid by you to us in relation to the goods or services
giving rise to the claim. </span></p>
<p class=MsoNormal><span lang=EN-GB>We will have no liability to you caused by
any act or omission of another party, or any other matter or circumstance
beyond our reasonable control.</span></p>
<p class=MsoNormal><span lang=EN-GB>If, but for this provision, a provision of
this Agreement would be deemed "unfair" within the meaning of the
Fair Trading Act 1986; (a) such provision will be </span><span lang=EN-GB
style='mso-bidi-font-family:Calibri;mso-bidi-theme-font:minor-latin'>construed,
as nearly as possible, to operate without the parts of that provision that deem
that provision to be "unfair" and, if that is not possible, such
provision will be of no effect; and (b) the balance of this Agreement will
continue unaffected.</span></p>
<p class=MsoNormal><span lang=EN-GB>Proper Conduct<span
style='mso-spacerun:yes'> </span></span></p>
<p class=MsoNormal><span lang=EN-GB>All attendees must conduct themselves
properly at an event. The venue operator and/or the event producer shall have
the right, without refund of any amount paid, to refuse admission to, or eject,
any person whose conduct Client or the venue deems disorderly or improper, who
uses inappropriate, vulgar or abusive language, who fails to provide proper
identification, or who fails to comply with any other rules adopted by the
Client or venue. Breach of these terms or rules could result in the termination
of your licence or right to attend the event without refund. Latecomers may be
seated at the discretion of Client or venue.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Recording/Photography and Other
Restrictions<span style='mso-spacerun:yes'> </span></span></p>
<p class=MsoNormal><span lang=EN-GB>Holder agrees not to record or transmit, or
aid in recording or transmitting, any description, account, picture, or
reproduction of the event. For online events, Holder may not download the event
or otherwise record or make a copy of any portion of the event, and Holder may
not use, reproduce, modify, display, publicly perform, distribute, make
available, or create derivative works of any portion of an online event.<span
style='mso-spacerun:yes'> </span>If you attend an event, you, as Holder, irrevocably
grant permission to the applicable Client, the event, venue and the performing
artist, team or other event producer, the venue owner and/or operator and AXS,
and their respective related entities (with the right to sublicense), to use
your name, image, likeness, sounds in any 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)
for any purpose, in any manner, in any medium now known or hereafter developed,
without further authorisation from, notice or compensation to, you or anyone
acting on your behalf, including for promotional or other purposes.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Search/No Expectation of Privacy<span
style='mso-spacerun:yes'> </span></span></p>
<p class=MsoNormal><span lang=EN-GB>Holder and Holder’s belongings may be
searched on entry to the event. Holder consents to a search of their person and
property and waives any claims against the Releasees that may arise from such a
search. If you elect not to consent to a search, you may be denied entry to the
event without refund or other compensation. Under certain facility or venue
rules, certain items may not be brought into the premises, including without
limitation, alcohol, drugs, food, beverages, controlled substances, cameras,
recording devices, laser pointers, strobe lights, or certain size packages or
bags. You agree that the event for which you purchase or use tickets is a
public event, that your appearance and actions inside and outside the venue
where the event occurs are public in nature, and that you have no expectation
of privacy with regard to your actions or conduct at the event.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Re-Sale Restrictions </span></p>
<p class=MsoNormal><span lang=EN-GB>Tickets may not be used for any
advertising, promotion or commercial purposes, or used as a contest, lottery
including trade promotion or sweepstakes prize without the prior written
permission of AXS, the Client, the event producer or applicable party relative
to the event. We reserve the right to cancel accounts or refuse to sell tickets
to any individual who has engaged in the sale of counterfeit tickets or the
unlawful re-sale of or unauthorised promotional use of tickets.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Safety and Security<span
style='mso-spacerun:yes'> </span></span></p>
<p class=MsoNormal><span lang=EN-GB>In the event that you are hurt or believe
there is a security issue, please contact an usher or security personnel
immediately.<span style='mso-spacerun:yes'> </span>AXS is not responsible for
the acts or omissions of any venue or Client. </span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Virtual (Online) Events<span
style='mso-spacerun:yes'> </span></span></p>
<p class=MsoNormal><span lang=EN-GB>If you purchase tickets to an online event,
we do not guarantee that your device or network will have the necessary
bandwidth or capabilities to stream the event at a suitable speed, and you bear
all risk with regard to such transmission. We do not guarantee that any online event
will be available in any particular format or that an event will be compatible
with any specific system, application, or device. We make no representations or
warranties about the quality of your watching experience or your display. We do
not guarantee the suitability of any event for any particular age group, and
events may contain language or content not suitable for children.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Additional Terms<span
style='mso-spacerun:yes'> </span></span></p>
<p class=MsoNormal><span lang=EN-GB>There may be additional terms applicable to
the sale and use of tickets listed on the Service, which will be disclosed to
you during the purchase process.<span style='mso-spacerun:yes'> </span>AXS
reserves the right to refuse to complete a transaction, refuse service and/or
cancel an order for reasons such as suspected fraud in Payment Method,
violation of terms, ticket limits or any other reason.</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
<p class=MsoNormal><span lang=EN-GB>Contact Information </span></p>
<p class=MsoNormal><span lang=EN-GB>If you have any questions regarding this
Purchase Agreement, please refer to the following as to how to contact us.</span></p>
<p class=MsoNormal><span lang=EN-GB>Physical address:</span></p>
<p class=MsoNormal><span lang=EN-GB>FLOOR 5 79 QUEEN STREET</span></p>
<p class=MsoNormal><span lang=EN-GB>AUCKLAND CENTRAL</span></p>
<p class=MsoNormal><span lang=EN-GB>AUCKLAND 1010</span></p>
<p class=MsoNormal><span lang=EN-GB>Email us at: <a
href="mailto:[email protected]">[email protected]</a></span></p>
<p class=MsoNormal><span lang=EN-GB>Or contact us via AXS customer support chat
on axs.com/nz</span></p>
<p class=MsoNormal><span lang=EN-GB><o:p> </o:p></span></p>
</div>