- Version
- 1.0
- Effective
- 2 October 2026
- Provider
- A.C.N. 698 111 223 PTY LTD, ABN 93 698 111 223
These terms are an agreement between A.C.N. 698 111 223 PTY LTD (ACN 698 111 223, ABN 93 698 111 223), trading as GATE98 ("GATE98", "we", "us") and the person or business that creates an organiser account with us ("you", the "Organiser"). By creating an account, saving your business details, or listing an event, you accept these terms.
1. Summary
This summary is a guide only; the clauses below are what bind you.
- You sell the tickets and run the event. We provide the booking and check-in platform.
- We do not hold your ticket money. Payments go to your own Stripe account.
- You are responsible for refunds when an event is cancelled or changed, and for chargebacks and disputes on your events.
- Buyers pay our booking fee; you pay Stripe's processing fees, and you fund the booking fee when a refund must return it.
- We can suspend events or accounts, and ask Stripe to pause payouts, to protect buyers and the platform.
- Our liability to you is limited. Your liability to us for your events is not.
2. Definitions
In these terms:
- ACL means the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Booking Fee means the fee we charge a Buyer for each order, shown at checkout.
- Buyer means a person who buys a Ticket.
- Event means an event, performance or activity for which you offer Tickets through the Platform.
- Fees means the Booking Fee and any other amount payable to us under clause 7.
- Material Change has the meaning in the Refund Policy.
- Platform means the GATE98 websites, mobile app, APIs and services, including event pages, checkout, check-in, analytics and email delivery.
- Refund Policy means the GATE98 Refund Policy, which is Schedule B.
- Stripe means Stripe Payments Australia Pty Ltd and its affiliates, our payment provider; Stripe Terms means the Stripe Connected Account Agreement and Stripe's other terms that apply to your account.
- Ticket means a ticket to an Event sold through the Platform.
- Business Day means a day other than a Saturday, Sunday or public holiday in Brisbane, Queensland.
3. Our role and yours
3.1 You are the supplier. You are the organiser and the seller of every Ticket. The contract to attend the Event is between you and the Buyer. You are responsible for the Event, its content, safety, licences, and for honouring every Ticket sold.
3.2 We are a platform. We provide technology that lets you list Events, sell Tickets, take payment through Stripe, issue tickets and receipts, and check people in. We are not the organiser, promoter, venue operator or seller of any Event, and we do not guarantee that any Event will take place, sell, or be lawful.
3.3 Limited agency. You appoint us as your agent only to: (a) display and sell your Tickets on the Platform; (b) issue confirmations, receipts and tax invoices in your name (clause 5); (c) process refunds you are required or instruct us to make; and (d) send communications about your orders. We are not your agent for any other purpose, cannot bind you to any other contract, and are not a trustee or fiduciary of you or any Buyer. We do not hold ticket money on trust, because ticket money does not pass through us.
3.4 Honour your Tickets. You must accept, honour and fulfil every Ticket confirmed through the Platform, including the entry and attendance of every valid Ticket holder, unless the Ticket has been refunded.
4. Eligibility and your account
4.1 To hold an account you must: (a) be at least 18; (b) be an Australian individual or business with an ABN; (c) have authority to bind any business you register for; (d) not be, or be controlled by or acting for, a person who is subject to Australian or other applicable sanctions, or who has been banned by a payment provider; and (e) not have previously had an account suspended or terminated by us for breach.
4.2 You must give true, current and complete information, including your legal name, ABN, address, support email and phone, business type and GST status (your "Seller Profile"), and keep it up to date. We may ask for evidence. We may refuse, suspend or restrict an account if the information is inaccurate.
4.3 You must verify your email address. Until you do, you cannot set up payments. Until you complete your Seller Profile, your Events are not published to buyers and you cannot set up payments.
4.4 You are responsible for your password and for everything done through your account. Tell us immediately at support@gate98.co if you suspect unauthorised use. Do not share your login.
4.5 If we offer features that let you give other people access to your account, including with different roles or permissions: (a) you decide who gets access and what they can do, and you are responsible for that choice; (b) everything done by a person you give access to is treated as done by you; (c) you must make sure each of them is authorised, understands and complies with these terms, and that your access settings match what you intend; (d) you must remove access as soon as it is no longer needed; and (e) we may require each person to accept these terms or additional terms before they can use the Platform.
5. Tax
5.1 You are solely responsible for your own tax obligations, including income tax and GST, and for deciding whether you must register for GST. We cannot give tax advice.
5.2 We will treat you as GST-registered only if your Seller Profile says so. If it does, GST is added to your Ticket prices at the rate shown at checkout, and the receipt issued to Buyers is a tax invoice in your name. If it does not, no GST is added to your Tickets and the receipt says "receipt". You must update your Seller Profile before your GST status changes, and you are responsible for any consequence of an incorrect status.
5.3 You authorise us to issue receipts and tax invoices for your Ticket sales on your behalf, in your name and with your ABN. The Booking Fee is our supply, carries GST, and is shown on the receipt as supplied by us under our own ABN.
6. Payments through Stripe
6.1 Your Stripe account. Ticket payments are processed by Stripe and paid to a Stripe connected account in your name. To sell Tickets you must create and keep that account, accept the Stripe Terms, and complete Stripe's identity and business verification. We may share your Seller Profile with Stripe to pre-fill that process.
6.2 We do not hold your money. We never receive or hold Ticket proceeds. Stripe holds them, pays them out to you under your Stripe payout schedule, and controls that schedule. We have no liability for Stripe's decisions, delays, holds or reserves, or for the Stripe Terms.
6.3 Stripe fees and losses. Stripe's fees and charges are set by Stripe, not by us, and may change under the Stripe Terms. They are charged to your Stripe account and are your cost. They include payment processing fees (which can vary by card type and country), currency conversion, payout and dispute fees, and any other amount Stripe charges your account. Your Stripe account shows what applies to you. Stripe does not generally return its fees when a payment is refunded, and we do not return or cover them. We do not charge you or Buyers for them separately. Disputes, chargebacks, refunds and negative balances on your Stripe account are between you and Stripe, and are your responsibility under these terms (clause 9).
6.4 Keep your balance healthy. You must keep enough available funds in your Stripe account to cover refunds and disputes on your Events.
6.5 Payout holds. To protect Buyers and the Platform, we may, to the extent Stripe's tools allow, pause or delay payouts to your Stripe account, or ask Stripe to do so, where: we reasonably suspect fraud or a Prohibited Event; an Event is cancelled or materially changed and Buyers have not been refunded; refund requests, disputes or complaints about you are unusually high; or you are in material breach of these terms. We will tell you why when we do this unless the law or Stripe prevents it, and will lift the hold once the concern is resolved.
6.6 Reports are estimates. The sales, fee and net-income figures shown in the Platform (including any "transaction fee" and "net" figures) are estimates for your convenience. They are calculated from our records and from fee rates we configure, which may differ from what Stripe actually charges you. They are not a statement of account, a tax record or financial advice. Your Stripe account statements and records are the authoritative record of payments, fees, refunds, disputes and payouts, and if they differ from the Platform's figures, Stripe's records prevail.
6.7 Visit figures and payouts are estimates too. The event page visit, checkout and source figures count browser sessions and are approximate: one person can count more than once, and some visits have no known source. Any "next payout" shown is an estimate from your Stripe balance and payout schedule; Stripe decides when it pays out and how much. You see these figures only as totals, under our Privacy Policy.
7. Fees
7.1 Booking Fee. We charge Buyers a Booking Fee on each order, plus GST. We decide the amount and how it is calculated (for example, a flat amount per order or a percentage), and we may change either under clause 7.3. The Booking Fee that applies is shown to Buyers before they pay. An order of only free Tickets has no Booking Fee. It is not deducted from your Ticket proceeds, except that where the Refund Policy requires a Buyer's Booking Fee to be refunded, you fund that refund (clause 8.7). We collect it from the payment as Stripe's application fee on your account. The Booking Fee in effect when an order is placed is recorded on that order and does not change for it later.
7.2 No other platform charges. At the date of these terms we charge you no subscription, listing or other fee. The only other charges connected with your sales are Stripe's (clause 6.3), which Stripe charges and we do not. If we introduce a fee of our own, we will give you at least 30 days' written notice, and it will apply only to Events listed after the notice period.
7.3 Changes. We may change the Booking Fee, and the way it is calculated, at any time. We will tell you by email or within the Platform at least 14 days before an increase takes effect; a decrease, or any other change that is not adverse to you, may take effect immediately. We may change any other Fee on at least 30 days' notice. A change applies only to orders placed after it takes effect, and never to an order already placed. You may stop selling instead of accepting a change, as clause 15.3 allows.
7.4 Amounts you owe us. If you owe us money under these terms (for example, costs of a refund we made for you under clause 8.8, or of a dispute), we may recover it by invoice, payable within 14 days, or by offsetting it against amounts we owe you, if any.
7.5 Fee and price display. Ticket prices you set are the prices Buyers see. You must not advertise a price that excludes a mandatory charge you control, and you must comply with laws about how prices and fees are displayed.
8. Refunds, cancellations and changes
8.1 Refunds are your responsibility. You are responsible for refunding Buyers when required by the Refund Policy, the ACL or any other law, whether or not we process the refund for you.
8.2 The Refund Policy applies. The Refund Policy (Schedule B) applies to every Ticket. It sets the minimum you must give Buyers. You may be more generous in your event description, but you may not be less generous than the Refund Policy or the law requires. You may not change the terms that apply to a Ticket after it is sold, unless the change leaves the Buyer in an equal or better position.
8.3 Cancelled Events. If you cancel an Event, you must do so through the Platform as soon as practicable after deciding. Cancelling closes sales and check-in. We then email every Ticket holder and refund every affected order in full (ticket price, GST on it, and the Booking Fee) from your Stripe account, promptly and in any event within 10 Business Days. You authorise us to do so. If Stripe refuses a refund, for example because your Stripe balance cannot cover it, you must fix the cause and retry it through the Platform without delay.
If you cancel only part of an Event (for example, one day of a multi-day Event), which the Platform cannot do, you must: (a) contact us at support@gate98.co within 1 Business Day of deciding, saying which Event is affected and why; (b) tell Ticket holders by email as soon as practicable and in any event within 2 Business Days; and (c) refund every affected order for the part not delivered, either through the Platform or by asking us to process a batch refund from your Stripe account, which we will do promptly and in any event within 5 Business Days of your confirming the cancellation. You authorise us to do so. If you have already refunded any affected order, tell us so that we do not refund it twice.
8.4 Material Changes and postponements. You must postpone an Event, and change its date, time or venue, through the Platform. When you postpone it, set a postponed Event's new date, move its start by more than an hour or to another day, or change its venue, we email Ticket holders for you as soon as you save the change. You must tell Ticket holders about any other Material Change by email as soon as practicable and in any event within 2 Business Days of deciding on it. A Buyer who cannot attend the changed or rescheduled Event is entitled to a full refund of the ticket price (including GST) and the Booking Fee. For a Material Change, or a postponement to a new date, the Buyer may ask within 30 days of being told of the change or the new date. If a postponement has no new date, the Buyer may ask at any time until one is announced.
You must answer a Buyer's refund request within 5 Business Days and, if a refund is due, refund the ticket price, GST and Booking Fee in that time through the Platform, giving the change or postponement as the reason. You may instead ask us at support@gate98.co, with the order number, to process it from your Stripe account, which we will do promptly and in any event within 5 Business Days of your request to us. You authorise us to do so. If you have already refunded the order, tell us so that we do not refund it twice.
8.5 Change of mind. You are not required to refund a Buyer who simply cannot attend or has changed their mind, unless your event description offers that. If you do, you must say clearly how, by when, and on what terms. You may make these refunds yourself through the Platform. The Booking Fee is not refunded for change-of-mind refunds.
8.6 No credits or vouchers. The Platform does not support credits, vouchers or event transfers, and we do not issue, hold or administer them. Where a Buyer is entitled to a refund, you must give a refund. You must not make a credit, voucher or exchange the only option. You may offer one as an alternative only if the Buyer freely chooses it over a refund in writing, it is worth at least the amount paid, and its terms and expiry are clearly stated and comply with the law. Any such arrangement is solely between you and the Buyer, and is your responsibility alone. If you do not honour it, the Buyer remains entitled to a refund and clause 8.8 applies.
8.7 How refunds are made. Refunds go to the Buyer's original payment method and come from your Stripe account. Each refund made through the Platform records its reason, and you must give the true one. A refund returns the ticket price and any GST on the ticket and, where the Refund Policy requires it (a cancelled, materially changed or postponed Event), the Booking Fee as well: each refunded Ticket's equal share of the order's Booking Fee. You fund that Booking Fee refund: we keep the Booking Fee we received, and the amount returned to the Buyer for it comes from your Stripe account. Stripe's processing fee on the original payment is not returned and remains your cost.
8.8 If you do not refund. If you do not give a refund you owe within the time required, we may, in addition to our other rights: (a) refund the Buyer ourselves from your Stripe account or otherwise, and recover the amount and our reasonable costs from you (clause 7.4); (b) pause payouts (clause 6.5); (c) suspend or remove your Events and account (clause 14); and (d) pass on your contact details to a Buyer, a payment provider or a regulator for the purpose of resolving the complaint. We are not obliged to do any of these things. You authorise us to act for you in this way.
8.9 Outside your control. Government restrictions, natural disasters and similar events do not remove your refund obligations if the Event does not go ahead. They may, subject to the ACL and the Refund Policy, affect what you offer a Buyer for an Event that goes ahead in a changed form.
8.10 No limitation of consumer rights. Nothing in these terms or your event description excludes, restricts or modifies a Buyer's rights under the ACL, and you must not say or imply that it does.
9. Chargebacks and disputes
9.1 A "Dispute" is a chargeback, payment reversal or card scheme dispute raised by a Buyer or their bank about a payment for your Event.
9.2 As between you and us, you are responsible for every Dispute on your Events, including the disputed amount, any dispute fee charged by Stripe or the card networks, and any penalty. If we or any of our affiliates is charged any of these, you must reimburse us on demand within 14 days.
9.3 You must respond to Disputes by the deadline Stripe sets, with accurate and complete evidence (for example, scan records or event delivery). We may, but do not have to, help. We are not required to contest a Dispute that we think is likely to be lost or that should have been refunded under the Refund Policy.
9.4 Losing or winning a Dispute does not change your obligations under this clause or clause 8.
10. Tickets, check-in and fraud
10.1 You are responsible for deciding who is admitted to your Event and for checking tickets. The Platform provides a check-in tool that records each scan as valid, duplicate or invalid. The tool is an aid, not a guarantee. We do not guarantee that a Ticket scanned as valid belongs to the person presenting it, that a QR code has not been copied, or that the scanning device or data connection will work at your Event.
10.2 A Ticket that has been refunded is no longer valid. Do not admit it.
10.3 You are responsible for your Event's capacity, including the number of Tickets you offer, and for your arrangements with the venue. If you also sell the same capacity elsewhere, you must manage that so that you do not oversell.
10.4 We are not liable for the cost of any Ticket being, or not being, honoured, including Tickets obtained by fraud or deception.
11. Resale and transfer
11.1 Tickets are not for resale. You must not buy your own Tickets to resell them, withhold Tickets from sale in order to sell them elsewhere, or use the Platform to resell, auction or trade Tickets, at any price (including face value). You must not permit or encourage anyone else to do so.
11.2 You must comply with the laws of each State and Territory about ticket resale and scalping. Tickets are delivered to the Buyer as a PDF and the Platform does not currently offer a way to transfer a Ticket or change the name on it. The rules that bind Buyers (no sale or exchange of Tickets, free gifting, that the first valid scan admits entry and a copy is not a second Ticket) are in our Ticket Purchase Terms (https://www.gate98.co/terms). You must not contradict them.
11.3 You may set further rules about transfers, gifting or name changes for your Event in your event description, but you may not allow resale in breach of this clause or the law.
11.4 We and you may cancel, void or refuse entry on any Ticket we or you reasonably believe has been resold in breach of this clause, the Ticket Purchase Terms or the law, and we may refund the original Buyer.
12. Buyer information and privacy
12.1 When a Buyer purchases a Ticket, we give you their name, email address, and phone number (if provided) so that you can run the Event and communicate with them about it. You are responsible for that information once you receive it.
12.2 You must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles to the extent they apply to you, and with any other privacy law that applies. You must:
(a) use Buyer information only for the Event, for the Buyer's order, and for other purposes the Buyer has consented to;
(b) not sell, rent or disclose Buyer information to third parties, except to service providers who need it to run the Event, and who are bound to protect it;
(c) send marketing messages only to Buyers who have consented, in compliance with the Spam Act 2003 (Cth), include a working unsubscribe, and honour each unsubscribe request within 5 working days;
(d) protect Buyer information against misuse, loss and unauthorised access, and delete or de-identify it when it is no longer needed;
(e) not use the Platform to collect sensitive information, except to the extent strictly necessary for your Event and with proper notice and consent; and
(f) tell us as soon as practicable, and in any event within 48 hours, of becoming aware of a breach of Buyer information, so that we can meet our own notification obligations, and cooperate in any notification to the Buyers or the regulator.
12.3 We handle personal information in line with our Privacy Policy (https://www.gate98.co/privacy). Where we pass data to you, we do so as an independent organisation, and we do not control how you use it.
13. Your Events and content
13.1 You are responsible for all content you provide: event titles, descriptions, images, location, ticket details, and everything else ("Content"). You warrant that Content is accurate and not misleading or deceptive, that you have all rights needed to use it, and that it does not infringe anyone's rights or break the law.
13.2 You must make sure the date, time, venue, line-up, ticket types, prices and any age restriction shown for your Event are correct and are updated if they change.
13.3 You grant us a worldwide, non-exclusive, royalty-free licence to use, copy, display and distribute your Content, and your name and logo, to operate, promote and improve the Platform and your Event, and to meet our legal obligations.
13.4 Licences and permits. You are solely responsible for obtaining, before selling any Ticket, and keeping, every licence, permit, approval and insurance that your Event needs, including (as applicable) venue consent, local council approval, liquor licensing, music and performance licences (such as APRA AMCOS and PPCA), security, first aid and traffic management, working with children and age-related requirements, and public liability insurance. You must give us evidence on reasonable request.
13.5 Insurance. Whatever the size of your Event:
(a) you must hold, for the whole period in which you sell Tickets and until the Event has finished, public liability insurance that covers your Event and your legal liability for injury, death and property damage arising from it, for at least $10 million for any one claim (or a higher amount if a venue, council, law or licence requires it). The policy must name you (the Organiser, or the business you represent) as the insured, must cover the Event as it is described in your listing, including set-up and pack-down, and must be in force with an insurer authorised to operate in Australia. Cover may be your own policy or, if the venue's policy expressly covers you and your Event, the venue's;
(b) you must also hold any other insurance your Event needs (for example, for volunteers, staff, equipment, or cancellation);
(c) by publishing an Event, you confirm to us, each time, that the cover in (a) is in place for that Event;
(d) you must give us a certificate of currency, or other evidence of cover, within 2 Business Days of our request, and we may suspend ticket sales and the Event listing until you do (clause 15);
(e) we do not check, approve or monitor your insurance, and do not promise that any cover is adequate, valid or sufficient for your Event. Our not asking for evidence is not approval. You alone are responsible for deciding what cover you need and for keeping it in force;
(f) we are not insured on your behalf, and neither our Platform, our Booking Fee nor these terms provides any cover for you or anyone at your Event; and
(g) your insurance does not limit your obligations or your indemnity under these terms. If you have no cover, or it does not respond, you remain responsible for every loss and claim.
13.6 Safety and conduct. You are responsible for the safety of your Event and the people at it, and for complying with all applicable laws.
13.7 Continuing warranties. You make each warranty, representation and confirmation in these terms (including those about your Seller Profile, GST status, Content, licences and permits, insurance, and compliance with law) when you accept these terms, and repeat each one every time you create, publish or edit an Event and every time a Ticket is sold. By publishing an Event you confirm that it meets these terms. We may show a notice on the publishing screen to remind you of this, but we do not need your confirmation each time for it to apply.
14. Prohibited Events and conduct
14.1 You must not use the Platform to:
(a) hold or promote an Event that is unlawful, or that breaks a licence or permit condition;
(b) hold an Event for which you lack the licences or permits in clause 13.4;
(c) sell anything other than genuine tickets or registrations to a real Event, or use the Platform for fundraising, money transfers or payments unrelated to an Event;
(d) process a fraudulent, deceptive or unlawful transaction, or one you know is likely to be disputed;
(e) promote hatred, violence, or discrimination, or publish sexually explicit, defamatory, harassing or other objectionable Content;
(f) hold an Event that targets or exploits children, or admits minors to age-restricted activities;
(g) mislead Buyers about the nature of the Event, the performers, the price or the refund terms;
(h) interfere with, probe, scrape or reverse-engineer the Platform, or attempt to bypass fees, security or limits; or
(i) break clause 11 (resale).
14.2 We decide, acting reasonably, whether something is a "Prohibited Event" or breach of this clause. We do not review Events before they are published, and not reviewing something does not mean we approve it.
15. Suspension and termination
15.1 By us. We may do any of the following, immediately and without notice where we reasonably think it is necessary to protect Buyers, the Platform, a payment provider or the law: remove or edit Content; hide, suspend or cancel an Event listing; stop sales; suspend or terminate your account; pause payouts (clause 6.5); and refund Buyers (clause 8.8). Where it is reasonable to do so, we will tell you why and give you a chance to fix the problem first.
15.2 Grounds. We may suspend or terminate if you breach these terms; we reasonably suspect fraud or a Prohibited Event; a Buyer, payment provider or regulator has complained about you and the matter is not resolved; Stripe suspends or closes your account; we are required by law or a court; you become insolvent; or continuing would expose us to legal or reputational risk.
15.3 Without cause. Either of us may end this agreement for convenience by 14 days' written notice. You may not end it for convenience while you have upcoming Events with unrefunded Tickets, unless you first cancel them and refund all Buyers under clause 8. We may stop providing the Platform, or part of it, on 30 days' notice.
15.4 Effect. On termination: we may stop sales on all your Events; you must still honour or refund every Ticket sold; you must pay amounts you owe us; and clauses that by their nature survive (including 3.3, 6.3, 8, 9, 12, 16, 17, 18, 19 and 20) continue. Termination does not affect rights that have already arisen.
16. Intellectual property
The Platform, its software and its branding belong to us and our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use it for your Events under these terms. You must not copy, modify, sell or reverse-engineer it. If you give us feedback, we may use it without restriction or payment.
17. Warranties and our liability
17.1 Your warranties. You warrant that: you have authority to enter these terms; the information in your Seller Profile is accurate; you will comply with all laws that apply to your Events; and your Content, Events and use of the Platform do not break any law or any person's rights.
17.2 The Platform. We provide the Platform with due care, but we do not promise that it will be uninterrupted, error-free or secure, that tickets will sell, or that any email, scan or payment will succeed. We may change, suspend or discontinue features.
17.3 Consumer law. Nothing in these terms excludes, restricts or modifies a right or remedy that cannot lawfully be excluded, including a consumer guarantee under the ACL. Because you acquire the Platform for the purposes of your business, to the extent the law allows, our liability for breach of a non-excludable guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
17.4 Exclusion. To the maximum extent the law allows, we are not liable to you for any loss of profit, revenue, business, goodwill or data, or for any indirect, special or consequential loss, whether in contract, tort (including negligence), statute or otherwise.
17.5 Cap. To the maximum extent the law allows, our total liability to you for all claims arising out of or in connection with an Event or these terms is limited to the total Booking Fees we received for that Event. This does not limit liability that cannot be limited by law.
17.6 We are not liable for anything caused by, or any loss arising from: your acts or omissions; Stripe or any other third-party service; the venue, performers or other participants; a Buyer; an Event that is cancelled, changed or fails; fraud; events outside our reasonable control; or your Content.
18. Indemnity
18.1 You indemnify us, our related bodies corporate, and our and their officers, employees and contractors (the "Indemnified Parties") against all losses, liabilities, claims, costs and expenses (including reasonable legal costs) arising out of or in connection with:
(a) your Event, including its cancellation, change or failure;
(b) injury, death, property damage or loss at or because of your Event;
(c) refunds, chargebacks, disputes and amounts that you owe under clauses 8 and 9;
(d) your Content, including any infringement of intellectual property or privacy rights, or defamation;
(e) your breach of these terms or any law, including privacy, spam, tax, licensing or consumer law;
(f) a lack of any licence, permit or insurance that you were required to have; or
(g) a claim made against an Indemnified Party by a Buyer, venue, performer, regulator or other third party in connection with you or your Event.
18.2 Your indemnity is reduced to the extent that the loss was caused by the Indemnified Party's own negligence, or wilful misconduct.
19. Force majeure
Neither of us is liable for a delay or failure to perform (other than to pay money, or your refund obligations) caused by an event beyond our reasonable control, including natural disaster, epidemic, government order, war, terrorism, strike, power or internet failure, and failure of a third-party service. This does not affect any refund owed to a Buyer.
20. Disputes, law and general
20.1 Resolving disputes. If we have a dispute under these terms, the party raising it must send a written notice with details. We will try in good faith to resolve it within 14 days. If we cannot, either party may refer it to mediation with a mediator we agree on or, failing that within 7 days, one nominated by the President of the Queensland Law Society. We share the mediator's costs equally. Neither of us may start court proceedings (except for urgent interim relief) before this process ends.
20.2 Governing law. These terms are governed by the laws of Queensland, Australia. Each party submits to the exclusive jurisdiction of the courts of Queensland and the Commonwealth courts exercising jurisdiction there.
20.3 Notices. We may give notice to you by email to your account address, or within the Platform. You may give notice to us at support@gate98.co. A notice sent by email is received at the time it is sent, unless the sender gets a failure message.
20.4 Changes. We may change these terms by giving you at least 30 days' notice by email or within the Platform. If you continue to list or sell Tickets after the effective date, you accept the change. A change does not alter the terms of a Ticket already sold, and does not reduce your existing obligations to Buyers. If you do not accept a change, you may end this agreement under clause 15.3 and must honour or refund existing Tickets.
20.5 General. These terms and the Schedules are the whole agreement about their subject matter. You may not assign or transfer your rights without our consent; we may assign to a related company or in a sale of our business. If a provision is unenforceable, it is read down or severed and the rest continues. A failure to enforce a right is not a waiver. Nothing makes you our employee, partner or (except in clause 3.3) agent. Clauses that by their nature should survive do so. Headings are for convenience only. This agreement may be accepted electronically.
Schedule A: Fees
| Item | Who pays | Amount | Notes |
|---|---|---|---|
| Booking Fee | Buyer, per order | Set by us, plus GST, and shown to Buyers at checkout before they pay. None on an order of only free Tickets. May change under clause 7.3 | Shown at checkout. Collected through Stripe as an application fee. Fixed for an order once placed |
| Stripe fees (processing, currency conversion, payout and other charges) | You (Stripe account) | As set by Stripe and shown in your Stripe account; see Stripe's published pricing | Not set, charged or controlled by us. Generally not returned by Stripe on a refund. See clauses 6.3 and 6.6 |
| Listing, subscription, check-in | None at the date of these terms | See clause 7.2 | |
| Dispute and chargeback fees | You | As charged by Stripe or the card networks | See clause 9 |
| Refund costs we incur on your behalf | You | Actual cost | See clauses 7.4 and 8.8 |
Schedule B: Refund Policy
The GATE98 Refund Policy as published at https://www.gate98.co/refunds (see Refund Policy) forms part of these terms. In summary, as a minimum:
| Situation | Ticket price and GST | Booking Fee | Timing you must meet |
|---|---|---|---|
| Event cancelled | Full refund | Refunded | You cancel through the Platform; we email holders and refund every order within 10 BD |
| Material Change, and Buyer cannot attend | Full refund | Refunded | You reply within 5 BD and refund through the Platform (or ask us to, and we refund within 5 BD) |
| Postponed, and Buyer cannot attend the new date | Full refund | Refunded | Same as above; Buyer may ask within 30 days of being told the new date, or any time before one is set |
| Change of mind | Only if your event description allows | Not refunded | As you state |
Schedule C: Data handling checklist (clause 12)
- Use Buyer information only for the Event and consented purposes.
- No selling, renting or passing to third parties.
- Marketing only with consent and an unsubscribe.
- Secure storage and access control; delete when not needed.
- Tell GATE98 within 48 hours of any breach.