The use of the online services provided by instastub.com ("instastub") is governed by the terms and conditions set out below ("this Agreement"). Without limiting the way in which you may be bound by this Agreement, by signing a document agreeing to be bound by this Agreement, by clicking a button or checkbox on your computer screen including your acceptance of this Agreement, or by proceeding to use the Services (as defined below) you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.
Definitions and Interpretation
In this Agreement, the following terms will have the following meanings, unless the context otherwise requires:
has the meaning given in clause 17.1
means a person who offers to purchase a Ticket advertised on instastub.com from a Seller
Default Sale Terms
means the template terms and conditions provided by instastub.com to Sellers which Sellers use as the terms and conditions governing the sale of their Ticket
means the fees and charges of instastub.com which it applies from time to time in relation to the Services
means instastub.com - US Company
means the instastub Ticket and underlying software and infrastructure which permits the holding of Ticket Sales
has the meaning given in clause 15
means the advertisement placed by a Seller on instastub.com for the sale of the Seller's Ticket
has the meaning given in clause 11.1
means a sale of the Ticket between a Buyer to a Seller
means the purchase price set by the Seller and agreed upon by the Buyer as part of a Instant Sale
means the policies, rules and procedures of instastub in relation to the holding of, or participation in Sales or the use of instastub.com. A copy of the Rules may be found here: instastub Site Rules
has the meaning given in clause 5.1
means an owner of a Ticket who has the right and wishes to sell that Ticket and who uses instastub.com to advertise the Ticket for sale
means the services provided by instastub which are described in clause 2
means a Fee that may be payable by the Seller upon (a) the conclusion of a Sale
means an online account with instastub which enables you to use instastub.com
means a Ticket which a Seller wishes to sell to a Buyer using instastub.com
In the interpretation of this Agreement, unless the contrary intention appears:
Services Offered by instastub
instastub provides an online service, in accordance with and subject to, the terms and conditions of this Agreement, whereby ("Services"):
You, as a user of the Services, may use the Services in the capacity as a Seller, Buyer or both a Seller and a Buyer. The terms and conditions of this Agreement will apply to your use of the Services in either or both of those capacities.
Creating a User Account to Use the Services
3.1 Creating a User Account
3.2 Use of Your User Account and instastub.com
You agree that you will only use your User Account and instastub.com for the purposes of using the Services and for no other purpose. In particular, in using your User Account and accessing instastub.com, you will not:
4.1 Conduct in Accordance with the Rules
Your participation as a Buyer or Seller in a Instant Sale will at all times be governed by the Rules. You agree that you are bound by the Rules and will comply with the Rules.
4.2 Advertising a Instant Sale
You may, as a Seller, advertise your Ticket for sale via an Instant Sale. You may do so by placing a Listing on instastub.com.
4.3 Tickets You Can Sell
4.4 Instant Sale Requirements
In listing your Ticket for Instant Sale, you agree to comply with the requirements in relation to Auctions and Instant Sales as set out in these terms and conditions or as set out in the Rules.
When you advertise your Ticket for Sale:
When you advertise your Ticket for Instant Sale:
4.5 Conduct of Buyers
As a Buyer, you may elect to purchase a Ticket of a Seller via instastub.com. Your option to purchase must be submitted via instastub.com. All offers to purchase a Ticket must be made in accordance with the Rules.
4.6 What must be sold as part of a Ticket
Any Ticket listed for sale on instastub.com must offer for sale:
Legal Relationship Between Buyers and Sellers
5.1 Legal Status of Agreeing to Sell a Ticket
instastub's Role in Relation to Auctions and Instant Sales
6.1 instastub.com provides a software engine and Website to enable:
6.2 You acknowledge and agree that:
You agree that instastub is an independent service provider to you and is not the employee, agent, partner, joint venturer or subcontractor of any Seller or Buyer in relation to the sale of a Ticket. instastub's only role in that sale is the role set out in clauses 6.1 and 6.2above.
You agree that you do not have the power to bind instastub in relation to any obligation owing to a third party. You agree that by using the Services (either as Seller or Buyer) that instastub, in providing the Services and your access to instastub.com, is providing a platform for you as a Seller efficiently deliver a Ticket to a Buyer and as a Buyer purchase and receive delivery of a Tciket. instastub is not a party to any transaction or agreement between any Seller or Buyer and is not responsible for any act or omission of any Seller or Buyer.
7.1 Fees payable by a Seller
7.2 How the Seller's Fees are paid
Fees are automatically deducted once the buyer has paid the seller via PayPal using IntsaStub services. The Fees are paid instantly with your use of instastub and/or any other method of payment which is specified by instastub from time to time which may include credit card, PayPal, direct debit, or telegraphic transfer.
Processing of Refunds
8.1 How refunds are paid
If instastub issues you a refund, that refund will be paid to you using the same payment methods you used to pay any Fees to instastub as described in clause b or via any other method instastub chooses from time to time.
8.2 Withdrawal of a Instant Sale or Auction
If you, as a Seller withdraw a Instant Sale (where permitted by the Rules), then unless we otherwise expressly state to the contrary, there will be no refund of any amount of the Seller Fees paid in respect of the Instant Sale or Auction.
8.3 Circumstances in which a refund may be paid
SUSPENSION OF THE SERVICES
Without limiting instastub's other rights arising under this Agreement, instastub may suspend your User Account and your use of the Services at any time, with or without notice to you, and for any reason in its sole and absolute discretion, including if:
During a suspension of your User Account, any Listings (whether for Auction or Instant Sale) will be suspended or terminated (as determined by us in our sole and absolute discretion).
You agree that you will only use the Personal Information of other Sellers or Buyers for the purposes of this Agreement and for the purposes of interacting with them in relation to the sale or purchase of a Ticket. Unless separately agreed between you and another Seller or Buyer, you must not use their Personal Information for any other purpose.
You warrant to instastub and its third party providers that you will comply with all privacy laws and data protection laws (including, without limitation, the Australian Privacy Act 1988 (Cth)) in relation to the storage, use and transfer of Personal Information.
YOUR GENERAL OBLIGATIONS
You agree that:
you will not use the Services for any illegal or fraudulent purpose or for any purpose other than participating in Instant Sales or Auctions as a Seller or Buyer;
you will comply with all laws which must be complied with in relation to a Listing or the sale or purchase of a Ticket;
you will comply with any export restrictions which may apply to the export or import of Tickets or other Intellectual Property Rights to locations inside or outside United States or the territory in which you are located;
you warrant that you will not, by engaging instastub to provide the Services, place instastub in breach of any law or obligation owing to a third party;
you will not undertake any act or cause any omission which will bring instastub, its brand or other Sellers and Buyers into disrepute;
you will not use the Services in a manner that may lead to the suspension of the Services under clause 10.1; and
you will provide instastub with all information requested by instastub which instastub requires to provide the Services.
Term and Termination
This Agreement will commence on the date that you first use services by instastub and will terminate at the later of the date that:
If after termination or closure of your User Account, your User Account is reactivated or a new User Account is opened, or you otherwise recommence to use the Services, then you will again become bound by this Agreement at that time.
This Agreement and your User Account may be terminated by instastub at any time for any reason whatsoever with or without notice to you.
This Agreement may be terminated by instastub immediately on written notice to you:
Upon the termination of this Agreement:
Clauses 3.2, 9, 11, 12.5, 13, 14 and 15 will survive the termination of this Agreement.
LIMITATION OF LIABILITY AND IMPLIED TERMS
You acknowledge that instastub and its Third Party Providers have made no warranties that the Services will be continuous or error free.
You acknowledge and agree that instastub and its Third Party Providers have not made and will not make any express or implied warranties in relation to the Services or any other goods or services provided by instastub under this Agreement, other than those warranties expressly contained in this Agreement. Subject to clauses 14.7 and 14.8, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded.
Subject to clause 13.5, you agree that instastub and its Third Party Providers will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential loss or damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Services or the provision of any other goods or services under this Agreement and whether or not as a result of any breach or default by, or any negligence of, instastub or its Third Party Providers.
The maximum aggregate liability of instastub under this Agreement for any and all breaches of this Agreement and for any negligent or other act or omission in relation to this Agreement, will not exceed the amount of the Fees paid by you to instastub.
Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of instastub will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by legislation.
You indemnify instastub, its agents, officers, employees, and Third Party Providers ("Indemnified") against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which any of the Indemnified suffer or incur as a direct or indirect result of:
You acknowledge that instastub is the owner of all Intellectual Property Rights which subsist in your User Account and instastub.com (but not your Ticket). You acknowledge that you have no Intellectual Property Rights in your User Account or in instastub.com.
You acknowledge that the obligations of Sellers and Buyers in relation to the transfer of the Intellectual Property Rights in a Ticket from a Seller to a Buyer will be set out in the Sale Agreement.
Each Seller warrants to instastub that its Ticket and its Listing at all times will not infringe the Property Rights of a third party.
You acknowledge and agree that instastub will not be liable or responsible for any breach by a Buyer or Seller of any Intellectual Property Rights or other rights held by a third party in relation to the supply or purchase of a Ticket or in relation to a Listing.
You hereby grant instastub a royalty free, irrevocable, worldwide, perpetual licence to display and use the contents of your Listing on instastub.com, including any excerpts from your Ticket which are contained in your Listing.
You agree that instastub and its Third Party Providers will not be liable or responsible for any failure in, or delay to, the provision of the Services or in instastub complying with its obligations under this Agreement, where such failure or delay has arisen or is anticipated to arise as a direct or indirect result of:
instastub may amend the terms and conditions of this Agreement at any time. Such amendments will take effect from the date of their notification to you ("Amendment Date"). You agree that without limiting the ways in which it may be bound by such amendments, you will be deemed to have agreed to such amendments by making use of or accessing your User Account or instastub.com after the Amendment Date.
Unless otherwise requested in writing by you, instastub may use your corporate identity (if applicable) as part of promoting the Services and instastub on the world wide web.
Any notice given under this Agreement must be in writing and must be signed by the party or its agent giving the notice. A notice is taken to be received:
This Agreement supersedes all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of this Agreement and sets forth the entire and exclusive agreement and understanding between the parties relating to the subject matter of this Agreement.
A provision of or a right created under this Agreement may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy under this Agreement will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement.
If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.
instastub may assign its rights and novate or transfer obligations which arise under this Agreement. You must not assign, novate or otherwise transfer your rights or obligations under this Agreement without the prior written consent of instastub (which may be withheld).
The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.
This agreement is governed by, and must be construed in accordance with, the laws of the United States of America.