1. Introduction
These Terms of Service ("Terms") govern your use of the SwagTix platform ("Platform") operated by Creative Rentals Pty Ltd ("we," "us," "our," or "Company"), an Australian incorporated entity with ABN 57 671 315 003.
By accessing or using our Platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Platform.
2. Definitions
- "Platform" means the SwagTix website, mobile applications, and related services.
- "User" means any individual or entity using the Platform.
- "Event Organizer" means a User who creates and manages events on the Platform.
- "Ticket Holder" means a User who purchases or receives tickets through the Platform.
- "NFT" means non-fungible tokens representing event tickets on the blockchain.
- "Content" means any information, data, text, graphics, images, or other materials uploaded to the Platform.
3. Platform Description
SwagTix is a blockchain-based event ticketing platform that enables:
- Creation and management of events by Event Organizers
- Purchase of NFT-based tickets by Ticket Holders
- Secondary marketplace for ticket resale
- Digital wallet management for cryptocurrency transactions
- QR code-based ticket validation at events
4. User Accounts and Registration
To use certain features of the Platform, you must:
- Be at least 18 years old or have parental/guardian consent
- Provide accurate, current, and complete information during registration
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities under your account
We reserve the right to terminate accounts that violate these Terms or applicable laws.
5. Event Organizer Responsibilities
Event Organizers must:
- Provide accurate and complete event information
- Ensure they have all necessary rights and permissions for event content
- Comply with all applicable laws and regulations
- Maintain appropriate insurance coverage for events
- Honor all ticket sales and provide refunds as required by law
- Ensure events are conducted safely and in compliance with venue requirements
- Pay all applicable fees and taxes
Event Organizers are solely responsible for the success and safety of their events.
6. Ticket Sales and Purchases
Primary Sales:
- Tickets are sold as NFTs on the PulseChain blockchain
- All prices are displayed in the specified currency
- Payment processing is handled by Stripe for fiat transactions
- Platform fees are clearly disclosed before purchase
- Sales are final unless otherwise specified or required by law
Secondary Sales:
- Ticket resale is permitted through our marketplace
- Resale prices may be subject to anti-scalping restrictions
- Platform fees apply to secondary sales
- Original event organizers may receive royalties on resales
7. Blockchain and Cryptocurrency
By using our Platform, you acknowledge:
- Cryptocurrency values are volatile and may fluctuate significantly
- Blockchain transactions are irreversible once confirmed
- You are responsible for securing your wallet and private keys
- We are not responsible for losses due to wallet security issues
- Gas fees apply to blockchain transactions and vary based on network conditions
- We use PulseChain for NFT minting and transactions
8. Intellectual Property
Platform Content:
- All Platform content is owned by Creative Rentals Pty Ltd or licensed to us
- You may not copy, modify, or distribute Platform content without permission
- Our trademarks and service marks are protected by law
User Content:
- You retain ownership of content you upload
- You grant us a license to use your content for Platform operation
- You must have rights to all content you upload
- We may remove content that violates these Terms
9. Prohibited Activities
You may not:
- Use the Platform for illegal or unauthorized purposes
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Attempt to gain unauthorized access to our systems
- Interfere with Platform operation or other users
- Create fake events or fraudulent tickets
- Engage in scalping or price manipulation
- Use automated tools to access the Platform without permission
- Harass, abuse, or harm other users
- Upload malicious code or content
10. Fees and Payments
Platform Fees:
- Event publishing fees apply to organizers
- Transaction fees apply to ticket sales
- Marketplace fees apply to secondary sales
- All fees are clearly disclosed before transactions
- Fees are non-refundable unless required by law
Payment Processing:
- Fiat payments are processed by Stripe
- Cryptocurrency transactions use PulseChain
- All payments are subject to applicable taxes
- Refunds are processed according to our refund policy
11. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
We comply with applicable data protection laws, including the Australian Privacy Principles and GDPR where applicable.
12. Disclaimers and Limitations
Service Availability:
- We provide the Platform "as is" without warranties
- We do not guarantee uninterrupted service
- We may modify or discontinue features at any time
- We are not responsible for third-party services
Limitation of Liability:
- Our liability is limited to the amount paid for services
- We are not liable for indirect, incidental, or consequential damages
- We are not responsible for event cancellations or changes
- Blockchain-related losses are not covered
13. Indemnification
You agree to indemnify and hold harmless Creative Rentals Pty Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of the Platform
- Your violation of these Terms
- Your violation of any applicable laws
- Your content or activities on the Platform
- Your events or ticket sales
14. Dispute Resolution
Informal Resolution:
We encourage users to contact us first to resolve disputes informally.
Governing Law:
These Terms are governed by the laws of Tasmania, Australia.
Jurisdiction:
Disputes will be resolved in the courts of Tasmania, Australia.
Class Action Waiver:
You waive any right to participate in class action lawsuits.
15. Force Majeure
We are not liable for delays or failures due to circumstances beyond our control, including but not limited to:
- Natural disasters
- Government actions
- Blockchain network issues
- Third-party service failures
- Cybersecurity incidents
16. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
17. Changes to Terms
We may update these Terms from time to time. We will notify users of material changes by:
- Posting the updated Terms on the Platform
- Sending email notifications to registered users
- Displaying prominent notices on the Platform
Continued use of the Platform after changes constitutes acceptance of the new Terms.
18. Contact Information
For questions about these Terms, please contact us:
Creative Rentals Pty Ltd
ABN: 57 671 315 003
Email: legal@swagtix.com
Website: https://swagtix.com
19. Entire Agreement
These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Creative Rentals Pty Ltd regarding the Platform.