Eventbrite Australian Consumer Amendments

If you are a User located in Australia and constitute a consumer under the Australian Consumer Law while using the Services, then the following changes to the Terms of Service (including, without limitation, the Merchant Agreement and Data Processing Addendum for Organizers) apply to you:

1. If Eventbrite breaches a consumer guarantee in providing its online ticketing service, you will be entitled to a refund or to any other remedy available to you under the Australian Consumer Law. By the time you purchase your ticket, however, Eventbrite has completed its service to you, and the fact that an event may subsequently be cancelled for reasons beyond Eventbrite’s control does not necessarily mean that Eventbrite has failed to provide an effective online ticketing service. This may impact the remedies available to you against Eventbrite, although you may have a separate remedy available against the event organizer under the Australian Consumer Law.

2. The following sentence is added to Section 6.2(1)(G) of the Terms of Service:

This indemnification will not apply to the extent that the Claim is caused by Eventbrite's material uncured breach of these Terms.

3. Section 7.1 (Disclaimer) of the Terms of Service is replaced with the following:

1. To the extent permitted by the Australian Consumer Law, Eventbrite hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Nothing herein is intended to remove your rights to statutory guarantees provided by the Australian Consumer Laws to the extent such statutory guarantees are applicable.
2. Eventbrite uses commercially reasonable efforts to ensure that the Services are available without interruptions and transmissions are error-free. However, by the nature of the Internet, this cannot be guaranteed. In addition, Eventbrite may take some or all of the Services down for planned repair or maintenance from time to time. Eventbrite will use commercially reasonable efforts to notify you prior to such planned repairs or maintenance.
3. Eventbrite does not assume any responsibility for the content, products, services, actions or inactions of any User or third party before, during and/or after an event. You acknowledge that Eventbrite has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any Users’ (including Attendees’, other non-Organizers’ and Organizers’) content or listings, or the ability of any User (including Attendees and Organizers) to perform or actually complete a transaction and Eventbrite is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction with the Services, and Eventbrite has no responsibility for the acts or omissions of any such third party. However, Eventbrite wants its customers to report any such misconduct in connection with the Services by contacting us.

4. Section 7.3 (Eventbrite-Hosted Events) of Terms of Service is replaced with the following:

When you attend an event hosted by us, you waive any and all claims and causes of action against the Eventbrite Released Parties, the event producers and presenters, and their insurers, for liability, including for personal injury, property damage or wrongful death in connection with your attendance of the event, except to the extent caused by Eventbrite’s gross negligence or willful misconduct.

5. Section 8.2 (Compliance of Terms) of the Terms of Service is replaced with the following:

“The foregoing disclaimers shall not apply to the extent prohibited by laws applicable to you, including the Australian Consumer Law, and nothing herein is intended to remove your rights under the Australian Consumer Law, if any. To the extent that Eventbrite is required to make certain statutory guarantees under the Australian Consumer Law and is entitled to limit the remedies available to you for breach of such guarantees, Eventbrite expressly limits its liability for breach of such non-excludable statutory guarantees to the following remedies:

1. supplying the affected services again; or
2. paying the cost of supplying the services again.”

6. The following is added to the end of Section 18.3 (Modification to the Terms of Service) of the Terms of Service:

If you desire to terminate the general applicability of the Terms or any Modifications, please refer to Section 4.3 (Deleting Your Account).

7. The following is added to Section 8.2.1 (Canceling Subscriptions) of the Merchant Agreement:

In addition, if we have not notified you of an upcoming renewal, you may cancel your subscription (by following the instructions above) at any time before or during that renewal period and receive a refund of any prepaid fees for that renewal period, prorated based on services provided for that renewal period.

8. The following is added to Section 13.3 (Warranty Disclaimers) of the Merchant Agreement:

The terms of this Section 13 (Warranty Disclaimers) apply only to the extent permitted by the Australian Consumer Law. Nothing herein is intended to remove your rights to statutory guarantees provided by the Australian Consumer Laws to the extent such statutory guarantees are applicable.

If Eventbrite breaches a consumer guarantee in providing Organizer Services to you, you will be entitled to a refund or to any other remedy available to you under the Australian Consumer Law. By the time you have created an event listing or sold a ticket, however, Eventbrite has completed its service to you, and the fact that an event may subsequently be cancelled for reasons beyond Eventbrite’s control does not necessarily mean that Eventbrite has failed to provide effective Organizer Services. This may impact the remedies available to you against Eventbrite.

9. Subsection (3) of Section 2.4 of the Data Processing Addendum for Organizers will not apply to you.