This Excitix policies and the terms and conditions (the “T&C”) on which the User may make use on Excitix Site (as defined below) whether as a Guest or a Customer shall be read carefully before ordering any Products from the Platform. By using Excitix Site, the User indicates acceptance to these Terms and Conditions and that agrees to abide by them.
This T&C is made between Excitix Ticketing Sdn Bhd (Registration No. 200901016960 (860056-A)) a company incorporated in Malaysia with its address at 7th Floor, Menara Lien Hoe, NO 8, Persiaran Tropicana, Tropicana Golf & Country Resort, Petaling Jaya, Selangor operating the ticketing platform www.excitix.com.my for Excitix (“Excitix”) of the one part, and the user ("User") accessing to Excitix’s Site (as defined herein) of the other part. (Excitix and the User shall be collectively referred to as “Parties” and individually a “Party”)
IT IS HEREBY AGREED AS FOLLOWS:-
- DEFINITIONS AND INTERPRETATION:
In this T&C, each of the following expression has, except where the context otherwise requires, the meaning shown opposite it:
"Account" means the Excitix Account to be registered by the User at the Site for submission of an Order.
"Business Day" means a day from 9.00 a.m. to 6.00 p.m. in Malaysia, excluding Saturdays, Sundays, and gazetted public holidays;
"Contract" means the Customer's Order of a Product or Products in accordance with these T&C which we accept in accordance with Clause 6 herein;
"Customer" means any individual that places an Order on the Site;
"Organiser" means the person or entity who organised and/or arrange the Event;
"Personal Data" means any information of the User in respect of any transactions on the Site to which Excitix has access and the same definition described in the Personal Data Protection Act 2010;
"Site" means the website of Excitix that can be accessed at the following address www.excitix.com.my
"Ticket" means the ticket whether in physical or electronic form for admission to the Event;
"T&C" means this terms and conditions that is applicable to all the User and Customer of Excitix using the Site;
"User" means any individual that is accessing or using the Site including Customer or a guest; and
"Venue Owner" means the venue management or owner who is responsible for the venue in which the Event will be held.
- Words and expressions denoting the singular include the plural and vice versa.
- Words and expressions denoting the whole include any part.
- Words and expressions denoting any gender include all genders.
- Words and expressions applicable to a natural person include any individual, firm, partnership, company or corporation.
- Headings and sub-headings are inserted for convenience only and have no legal effect.
- In this T&C, each of the following expression has, except where the context otherwise requires, the meaning shown opposite it:
- USER DECLARATION
- The User agrees that by using the Site, the User have read, understood and agreed to be bound by all the T&C. These T&C shall apply to the User’s use of the Site and all Orders and Contracts made or to be made by Excitix for the sale and supply of products.
- The User’s use of the Site constitutes an agreement with the T&C and Excitix reserves its right to revise these T&C at any time with or without notice to the User.
- The User agrees and acknowledge it is the User’s responsibility to review the T&C periodically for any changes made to the T&C and shall be deemed to have agreed and accepted the changes in any revised T&C after the revised T&C are updated. IF THE USER IS NOT AGREEABLE WITH ALL THESE T&C, THE USER IS EXPRESSLY PROHIBITED FROM THE USE OF THE SITE AND MUST DISCONTINUE THE USE IMMEDIATELY.
- The User agrees that the User shall be over the age of majority (18) to place an Order on the Site. In the event the User is below seventeen (17), the User may place an Order with Excitix only with the involvement of a parent or guardian.
- Ticket holders are responsible to take note of any entry conditions or restrictions imposed on infants in arms, children without tickets or any minimum children admission age. For the avoidance of doubt, all children aged three (3) and above must have a valid Ticket for admission.
All Personal Data collected from the User through the Site shall be dealt in compliance to the Personal Data Protection Act 2010 and as follows:
- User agrees that Excitix shall collect, record, hold, store and use the User’s Personal Data where it is necessary for Excitix. The User’s information shall only be kept for as long as Excitix is either required to by law or as is relevant for the purposes for which it was collected. The User further agrees and consents to Excitix to use the information collected for purposes of notification to User in relation to any promotional and marketing information for other Event.
- The Site shall not disclose the User’s Personal Data and the User shall remain anonymous.
The User agrees that Excitix shall require the following Personal Data upon the User's registration for an Account:-
- Delivery Address;
- Email Address;
- Date of Birth(Optional);
- Gender(Optional); and
Where the User makes a purchase on the Site, the User agrees that Excitix may collect the following additional Personal Data:-
- Telephone Number or Mobile Number.
- Transaction data such as details about payments to and from the User, and other details of products and services which the User have purchased from Excitix.
- Technical data, such as internet protocol (IP) address, the User’s login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and site, and other technology on the devices the User uses to access the Platform.
- User's shopping or browsing behaviours, facial image, voice recording. (for customer service calls)
- Any other personally identifiable information which the User has provided Excitix in any forms the User may have submitted to Excitix, or in the course of any other forms of interaction between the User and Excitix.
- The User represents Excitix that Personal Data relating to a third party provided by the User by submitting such Personal Data to Excitix shall have been obtained with the consent of the third party to provide Excitix with their Personal Data for the respective purposes.
- The information provided by the User shall not be shared with any other organisations except for Excitix’s corporate group and any third parties that are directly related to and necessary for the purchase of products, delivery of the same and other purposes for which the Customer have authorised. In exceptional circumstances where Excitix shall be allowed to disclose such Personal Data where there are grounds to believe that the disclosure is necessary to prevent a threat to life or health or required by the law.
Purposes of collecting and processing Personal Data
Personal Data that the User provide will be processed by Excitix for the following purposes as applicable:-
- to process the User’s application and registration as Excitix’s User including to assess the User’s suitability for involvement/participation and to communicate with;
- for the User to participate and/or enter into the necessary agreement and/or contract in relation to the services available in the Site;
- for background checks of the User if Excitix determine it to be necessary or appropriate;
- for Excitix internal record in the ordinary course of business;
- to conduct analysis in connection with the services provided in the Site;
- to enable Excitix to send the User information by e-mail, telecommunication means (telephone calls or text messages) or social media about services provided by Excitix, Excitix’s related companies and business partners, authorized third parties which may include but are not limited to the abovementioned purposes which Excitix think may interest the User and to notify the User about benefits and changes to the features of Excitix services and Site;
- to establish and better manage any relationship between Excitix have with the User;
- to meet any legal or regulatory requirements relating to Excitix’s initiatives, programmes, and activities and to make disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular, code applicable to us or any of Excitix’s Affiliates;
- for research, benchmarking, and statistical analysis purposes;
- for audit, compliance and risk management purposes;
- to share the User’s Personal Data with third party vendors for the purposes of including without limitation to conduct credit reference checks and establishment of the User’s credit worthiness; and
- other related services such as security management, insurance procurement and Site access management
- Personal Data that the User provide will be processed by Excitix for the following purposes as applicable:-
- All Personal Data collected from the User through the Site shall be dealt in compliance to the Personal Data Protection Act 2010 and as follows:
- The User shall not misuse the Site by using any automated systems or software to extract data from this Site for any purpose. The User shall not commit a criminal offence, transmit or distribute a virus or post any material on the Site which is malicious, offensive, racist, abusive or obscene; hack into; corrupt data; cause annoyance to other users; use the Site to advertise or offer to sell goods and services; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. The Site shall not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Excitix. In the event any such breach occurs, Excitix shall be entitled to report the breach to the relevant authorities and appropriate legal action may be initiated. Excitix reserves the right to investigate and terminate the User’s account permanently in the event of breach.
TERMS OF SALE
The User shall register an Account with the Site to place an Order and shall be responsible for all use of the User's account and password. Excitix reserves the right to remove, reclaim, or change a username the User selected if Excitix determines in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. The User shall submit to Excitix information which is accurate, true and up to date information by informing Excitix of any changes through the relevant sections of the Site.
- Formation of a Contract
Price and Payment
- Purchase of the Ticket(s) should only be made via Excitix’s Site. Any Ticket(s) purchased from any other source may be unauthorized copies and the Customer(s) may be refused entry to the Event. Ticket sales are subject to availability and acceptance by Excitix.
- The number of Ticket(s) that a Customer is permitted to purchase per transaction for the Event is subject to the respective Organiser’s sole discretion and final decision. For clarity, the Customer may refer to the Organiser's event page, if applicable on the number of Ticket(s) permitted to purchase. For the avoidance of doubt, the Customer may make multiple transactions.
- Excitix represents on its best endeavour basis that all details, descriptions and prices which appear on this Site are accurate. For avoidance of doubt, in the event there is an error in the price of the Ticket(s) which the Customer has ordered is discovered, the Customer shall be informed via electronic mail of the error in the price and the correct price ("New Price"). The Customer agrees that it shall be the Customer's obligation to ensure the accuracy of the details provided by the Customer and agrees that it shall not be the obligation of Excitix. Upon notification via electronic mail, the Customer shall be given the option to reconfirm the Order at the New Price or to cancel the Order. In the event Excitix there has been no respond from the Customer or the Customer has failed to contact Excitix, within three (3) working days, Excitix shall be entitled to cancel the Customer’s Order and the Customer shall be refunded with the price the Ticket(s) was originally purchased if the cancellation is made prior to the shipment of the Ticket(s).
- The Customer agrees that Excitix is under no obligation to fulfill the Order if the price listed on the Site is incorrect even though the Order has been acknowledged by Excitix.
- The Customer agrees to provide and allow Excitix to encrypt the Customer’s card data for the purchases made via the Site. Upon receipt of an Order, Excitix shall request for pre-authorisation on the Customer’s card to ensure there are sufficient funds available for the completion of the transaction and the Order shall not be confirmed until the pre-authorisation check has been completed. The Customer’s card shall be debited once Excitix have sent the Order confirmation to the Customer. As cards are subject to validation checks and authorisation, if Excitix does not receive the required authorisation from the card issuer, Excitix shall not be liable for any delay or non-delivery. The Customer agrees that by clicking the “order now” button, the Customer has confirmed that the Customer is the legitimate holder of the card and the Customer has sufficient funds or credit facilities to complete the purchase.
- All payment can be made through any of Excitix’s payment partners listed on the Site.
- In the event that the Customer provides false or incorrect data when making the purchase, the Customer may be barred from attending the Event.
- Latecomers may be refused entry to the Event until a suitable break during the Event.
- Venue Owner and/or Promoter reserves the right, without refund or compensation to refuse the admission to, and/or reject any person whose conduct is disorderly or unbecoming.
- Mistaken Orders The Customer agrees that Excitix has no obligation to contact the Customer and the Customer shall contact Excitix’s customer service provided in the Site in the event the Customer discovers that a mistake with the Order has been made after submitting it to the Site. Excitix agrees and shall rectify the mistake upon the Customer contacting Excitix’s customer service.
Refusal of Order
- Excitix shall be entitled, but not obliged to conduct verification checks on any Ticket purchase orders and shall be entitled to rescind the Ticket sale if such verification checks reveal any fraud or other irregularity whereby such determination shall be at the sole and absolute discretion of Excitix.
- Excitix reserves the right to refuse to process an Order at any time, at its sole discretion notwithstanding the delivery to the Customer the order confirmation.
- In the event of Excitix cancels the Customer’s Order despite successful payment, Excitix shall make full refund the payment paid to the Customer.
- The Customer agrees that Excitix shall not be liable to the Customer for withdrawing any product from the Site without prior notice to the Customer or for refusing to process or accept an Order notwithstanding the successful sale of the product on Site.
- Any complaints regarding the Event shall be directed to and dealt with by the Venue Owner and/or Promoter.
- The resale of Ticket(s) is strictly prohibited. Excitix reserves the right to cancel any Tickets that have been found resold.
- Complimentary Tickets must not be resold or offered for sale.
- No food or beverages is permitted inside the venue unless otherwise stated by organizer.
TICKET COLLECTION OR TICKET DELIVERY
- The Ticket(s) may be collected four (4) hours before the beginning of the Event at the box office or Ticket Counter of the Venue or such other collection points as may be prescribed by Excitix on the date of the Event. The Customer(s) must refer to the time announced in the authorised channels. Box office/ Ticket Counter will be closed once the event starts. The Customer must present NRIC/ Passport, Debit Card or Credit Card (as the case may be) and/or e-confirmation verification (“Confirmation Document(s)”) during Ticket collection. The identity of the person receiving the Ticket(s) may be recorded by our officers.
- In the event the Confirmation Document(s) presented during Ticket collection differs to that which was submitted during the online purchase, both the current valid Confirmation Document(s) together with the previously submitted Confirmation Document(s) must be produced during Ticket collection. Excitix reserves the right to request for further confirmation or documents to verify the identity of the Customer. In the event the confirmation or documents provided are insufficient to verify the identity of the Customer, Excitix reserves the absolute right to refuse the Ticket collection and/or registration.
- Third party Ticket collection is strictly not permitted unless accompanied with an authorisation letter duly signed by the Customer together with a copy of the Confirmation Document(s), failing which Excitix reserves the absolute right to refuse Ticket collection and/or registration.
- The Ticket holder(s) shall be responsible for all Ticket(s) after the Ticket(s) have been collected. Excitix, Venue Owner, and Promoter shall not be responsible for any lost, stolen or destroyed Ticket(s). Excitix, respective venue management or owner (“Venue Owner”), and promoter (“Promoter”) are not obliged to re-issue, exchange or compensate any lost, stolen or destroyed Ticket(s). Any damage to the Ticket(s) may result in Ticket holder(s) not being allowed to enter the Venue. In such event, Excitix, Venue Owner, and Promoter will not be responsible of such denial of entry.
- All Tickets must be collected in accordance with the delivery method chosen by the Customer and changes if permitted shall be at the sole and absolute discretion of Excitix. No refund will be made for uncollected Ticket(s).
- The Ticket(s) will be delivered to the billing address after seven (7) working days of purchase. For the avoidance of doubt, the delivery of Ticket(s) is only available to Customers within Malaysia.
- A valid Ticket must be produced to get into the Venue. Removing any part and/or, altering or defacing the Ticket will invalidate the Ticket.
- Every Customer owns a unique QR Code (on the ticket) for entry to the venue.
- The QR Code in the ticket is highly confidential, and the Venue Owner, Promoter and/or Excitix will not be responsible for any leakage of QR information to third parties.
POSTPONEMENT, CANCELLATION AND REFUND POLICY
- All Ticket(s) sold by Excitix as an agent for and on behalf of the Venue Owner responsible for the event held and/or the Promoter responsible for the event for which the tickets are sold in respect of the Event.
- Upon successfully placing the order for the Ticket(s), the Ticket(s) are strictly non-exchangeable, non-transferable, non-refundable and may not be resold under any circumstances unless otherwise permitted under paragraph 8.3 below.
- If the Event is postponed or cancelled, a notice will be posted by the Organiser or, the Venue Owner and/or Promoter’s designated platforms (“Notice”). The Notice shall advise the procedures for requesting a refund and the time frame which the Customer could request a refund. For the avoidance of doubt, there shall also be no refund for the Processing Fee and Courier Charges (if any). Any refund made by Excitix shall only be made out of such sums held by Excitix on behalf of the Venue Owner and/or Promoter as authorised (“Authorised Collection”). The amount of refund to be made by Excitix will be made on a pro-rated basis calculated based on the Authorised Collection held by Excitix in proportion to the face value of the respective Ticket(s). Excitix shall not be liable to make a refund beyond the Authorised Collection under any circumstances. For the avoidance of doubt, if Excitix does not hold or no longer holds the Authorised Collection, Excitix shall not be liable to make any refunds to the Customer(s) and all claims for refund shall be directed to the Venue Owner and/or Promoter.
- In the event of postponement, the Ticket(s) purchased for the original event date may be applicable and valid for the new event date unless otherwise notified.
- Refund will not be entertained if a request for refund is made after the given period as stipulated in the Notice. Such unrefunded sums shall be dealt with at Excitix’s sole discretion.
- Subject always to paragraph 8.3 above, in the event of cancellation, all Ticket(s) purchased using debit cards and/or credit cards shall automatically be refunded to the debit cards and credit cards respectively with which the Ticket(s) were purchased. If such debit cards and credit cards are no longer valid, no automatic refunds will be made. The refund amount shall be based on paragraph 8.3.
- The Ticket(s) purchased using payments other than debit cards and credit cards shall be refunded by way of bank transfer to the bank account provided by the Customer. . Ticket holder(s) will have to produce the full stub of the original Ticket(s) in good condition to claim for a refund. The Ticket holder(s) are required to submit a photocopy of the Confirmation Document(s) to facilitate the refund process. The refund amount shall be based on paragraph 6.6.2.
- The Venue Owner and/or Promoter reserves the right to postpone, cancel, interrupt, or stop the event due to adverse weather, dangerous situations, or any other causes beyond its reasonable control. In such event, the Venue Owner and/or Promoter and/or Excitix may withhold the refund of monies paid for the Ticket(s), whereby such determination shall be made on a case by case basis.
INTERLLECTUAL PROPERTY RIGHTS
- The User hereby agrees that all the contents including any graphic, text, script, music, sound, photograph, image, art, video and other multimedia work or any combination thereof which is available on the Site shall at all times owned exclusively by Excitix. All rights and contents in the Site which are not expressly granted to the User under this T&C, are at all times expressly reserved by Excitix.
- The User access to the Site does not imply a license to reproduce and/or distribute the information available in the Site which means that the User cannot reproduce, modify, publicly display or distribute the contents of this Site without the prior written consent of Excitix. The trademarks and logos displayed on the Site are the registered and unregistered trademarks of the respective owners. Use of the trademarks displayed is strictly prohibited. The User is advised that the owners of the trademarks will aggressively enforce their intellectual property rights to the fullest extent of law.
- Ownership or possession of the Ticket does not confer any rights (by implication or otherwise) on the Customer to use, alter, copy and/or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket.
- During the Event (including entry into the Event), the Ticket holder(s) agrees to submit to search for any prohibited items including but not limited to weapons, controlled, dangerous and illegal substances and recording devices as may be required by the Venue Owner and/or Promoter.
ASSUMPTION OF RISK
- The Ticket holder(s) voluntarily assumes all risk and danger incidental to Event whether occurring prior to, during or subsequent to the actual Event, including but not limited to any death, personal injury, loss, damage or liability. The Ticket holder(s) agrees to release Excitix, Venue Owner, Promoter, and their respective agents and employees from any liability, regardless of whether injury or loss occurs prior to, during or subsequent to the Event.
CHANGES TO EVENT
- Event Owner and/or Promoter reserves the right to withdraw, replace, add or substitute any artists/performers’ and or vary advertised programme, event times, seating arrangements and audience capacity without prior notice.
- Event Owner and/or Promoter reserves the right to postpone, cancel, interrupt or stop the event due to adverse weather, dangerous situations, or any other causes beyond its reasonable control.
- No photography, audio or video recording is allowed during the Event unless otherwise stated by Event Owner and/or Promoter.
- Neither Party shall be responsible for the delays or failure in the performance resulting from acts beyond the control of such Party provided the other party is notified and the first party uses its best endeavours to overcome the circumstances preventing its obligations from being carried out. Such acts shall include but not be limited to Acts of God, strike, lockouts, riots, and acts of war or terrorism, fire, floods or other natural disaster.
DISCLAIMER OF LIABILITY
- The content displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Excitix and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- Nothing in these T&C shall exclude or limit Excitix's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- The User agrees to indemnify, defend, hold harmless Excitix, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from the User's use of the Site or the User's breach of the T&C.
- This Term and Condition shall be governed by the laws of Malaysia and its validity construction and performance shall be interpreted in accordance with Malaysian law.
- The Courts in Malaysia shall have exclusive jurisdiction relating to all matters affecting or arising out of this T&C and the parties hereto hereby submit to the exclusive jurisdiction of the Courts in Malaysia for these purposes and for the determination of all actions and proceedings arising out of this T&C.