Unless we have a separate written agreement between you and us specifically covering your use of the Gather ticketing platform (Gather), these Terms apply to your use of Gather, including any posting or advertising of an event by you (whether public or private and whether ticketed or not), the sale of tickets to an event, and any purchase of a ticket you make on Gather. By accessing and using Gather, you agree to these Terms. If you do not agree to these Terms, you must not access and use Gather and you must not post or advertise an event on Gather or purchase any ticket on Gather.
References in these Terms to "we", "us", "our" is a reference to Gather Aotearoa Limited (NZ company number 9289759) and, where the Event is held in Australia or the Organiser is located in Australia, Gather AU Pty Ltd (ACN 696184817), together with any other related body corporate of either from time to time.
We may update these Terms from time to time, so keep an eye on Gather or our website for any updates. Where an update will materially adversely affect you (for example, by increasing your obligations or reducing your rights), we will give you at least 30 days' notice by posting a notice on Gather, by email to your registered address, or by another reasonable means. If you do not agree to a material update, you may cancel your account before it takes effect. If you keep using Gather after an update, you agree to the updated Terms. If you do not agree to an update, you must stop accessing and using Gather and must not, after the date of the update, post or advertise an event on Gather or purchase a ticket on Gather.
We may change Gather and its functionality at any time. If you are unhappy with that change, you may cancel your account and stop using Gather.
We take your privacy seriously. Our Privacy Policy explains how we handle your personal information. By accessing and using Gather, you agree to how we collect, use, process, handle, and share your information, as described in the Privacy Policy.
To use some features, you'll need to register with us and set up an account. You must be 18 years or over to create an account, or if you're under 18, you'll need permission from a parent or guardian to set up that account and use the Gather functionality (e.g. advertising an event or purchasing a ticket). For users in Australia, a parent or guardian who provides that permission accepts these Terms (including the booking fee and any liability arising from use of the account) on behalf of the minor and on their own behalf as a principal. Gather will also comply with any applicable children's online privacy code, including the OAIC Children's Online Privacy Code once it is in force under the Privacy and Other Legislation Amendment Act 2024 (Cth). By registering and setting up an account on Gather, you confirm that you meet this requirement.
You must provide true, current and complete information in your dealings with us, including when setting up an account, and must promptly update that information as required so that the information remains true, current and complete. You also must keep your account details confidential.
Gather is an online marketplace through which event organisers (we call them a host) can post, advertise, and share details of an event, and sell tickets to people wanting to attend the event. We act as an intermediary. Where a Gather user agrees to attend an event, including buying a ticket for that event, the attendance (including ticket purchase) agreement is between the attendee and the host, and not with us. We are not an auctioneer or a broker.
If you post or advertise an unticketed event on Gather, you may share the event details with:
When a mutual or other person RSVPs to an event (noting that an individual will need an account with Gather to RSVP), that mutual or other person will then obtain access to the event details.
If you post or advertise a ticketed event on Gather, you may sell tickets to that event on Gather subject to you paying our booking fee to us (see section "Ticket sales and payments" of these Terms).
Where you are an event host, you acknowledge that you (and not us) create and manage the events, and that you (and not us) are responsible for:
Hosts must also:
If a host uses custom checkout questions or any other feature to collect information about attendees beyond standard contact details:
If you are a ticket holder or an attendee at an event, you acknowledge and agree that:
If you have any questions or issues regarding an event or the above responsibilities, please contact the event host directly. Hosts control their events and are responsible for informing you of any additional terms or policies that apply to the event, e.g. age restrictions. They are also responsible for resolving any disputes with you related to their events.
The price of the ticket for an event on Gather is made up of the price set and advertised by the host and our booking fee (plus any applicable GST under the New Zealand Goods and Services Tax Act 1985 (15%) or the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (10%), as applicable). Subject to any non-excludable rights you have under applicable consumer law (including the Australian Consumer Law and the New Zealand Consumer Guarantees Act 1993), the booking fee (plus any applicable GST) relates to the use of the platform and is non-refundable, including where an event is cancelled or postponed.
For clarity, the booking fee is refundable (and we will action a refund without the need for any consumer-law claim) where: (a) we have charged the booking fee in error or in a duplicate or mistaken transaction; (b) a technical or platform error caused by Gather has prevented you from receiving or using the ticket for which the booking fee was charged; or (c) we are otherwise required to refund the booking fee under applicable law. Refunds of the ticket price (as distinct from the booking fee) remain the responsibility of the host, except where required by law to be made by us.
Gather facilitates ticket sales through Stripe payment processing. While we provide the platform for these transactions:
If an event is cancelled or rescheduled, any refund by the host will be subject to the terms and conditions set by the host on Gather, except as required by law. New Zealand consumers may have additional rights under the Consumer Guarantees Act 1993. Australian consumers may have additional rights under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), including, in the case of a major failure, the right to a refund or to choose a comparable service.
For details of our booking fee (plus GST) that applies to ticket sales for an event, please see the Gather website or you can contact us via Gather or at help@gather.rsvp to get details of the booking fee.
By using Gather, you agree to receive electronic messages from us and event hosts. For users in Australia, this constitutes your consent to receive commercial electronic messages within the meaning of the Spam Act 2003 (Cth). All commercial electronic messages we send will identify Gather as the sender and contain a functional unsubscribe facility.
Purely transactional, factual or service messages relating to a ticket you have purchased or an event you have registered for (such as ticket confirmations, scan codes and event reminders) are designated commercial electronic messages under Schedule 1, items 4 and 5 of the Spam Act 2003 (Cth) and are sent without an unsubscribe facility.
You may withdraw consent to non-transactional commercial messages at any time by following the unsubscribe instructions in any message, replying STOP to a text message, or contacting us at help@gather.rsvp.
If we ever make voice marketing calls in Australia, we will comply with the Do Not Call Register Act 2006 (Cth).
These electronic messages (like emails, texts and in-app notifications, including invitations) count as "written" communications for legal purposes.
When we or a host send you electronic messages, they're considered "received" when they arrive at the email address or mobile number you gave us during registration, or when we post them on our platform.
Electronic records of your activities and transactions on Gather (like ticket purchases or event registrations) can be used as valid evidence of these actions.
If you wish to stop receiving electronic communications, you can contact us at help@gather.rsvp, but this might affect your ability to use some Gather features.
To the maximum extent permitted by law, Gather is provided "as is" and "as available", and your use of Gather is at your own risk. We don't make any promises about Gather. We specifically disclaim any warranties and representations that:
Despite the above, nothing in these Terms has the effect of limiting or excluding your rights under the Consumer Guarantees Act 1993 (NZ) or the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), or any other consumer guarantee, condition, warranty or right that cannot be excluded or limited by law.
To the maximum extent permitted by law, Gather Aotearoa Limited, its officers, directors, employees, or agents are not responsible or liable to you for any indirect, incidental, special, consequential, or exemplary damages. This includes loss of profits, goodwill, data, or other intangible losses, and losses that result from:
To the maximum extent permitted by law and subject to the next paragraph, we have no liability to you under or in connection with these Terms or in respect of an event or your use of Gather, whether in contract, tort (including negligence), breach of statutory duty or otherwise.
Where you have hosted a ticketed event on Gather or you have purchased a ticket on Gather, our maximum aggregate liability to you under or in connection with these Terms or in respect of the event, your ticket, or your use of Gather, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not exceed:
Nothing in this section excludes, restricts or modifies any consumer guarantee, condition, warranty, right or liability that cannot be excluded, restricted or modified by law. Where any such guarantee or term cannot be excluded but our liability for breach can be limited, our liability is limited (at our option) to: (a) in the case of services, supplying the services again or paying the cost of having the services supplied again; and (b) in the case of goods, replacing the goods, supplying equivalent goods or paying the cost of replacement or supply.
If you use Gather, you must follow the guidelines below and any acceptable use policy on Gather, as those guidelines and that policy are updated by us from time to time.
We (and our licensors) own all proprietary and intellectual property rights in Gather, our name and logo, and all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel. Don't use it without our written permission.
You can upload content to Gather. By doing so, you grant us and applicable hosts a worldwide, perpetual, non-exclusive and royalty-free right to use, adapt, modify, publish, translate, distribute and display that content, solely for the purposes of operating, promoting and improving Gather and the events to which the content relates, in any form or media. Don't upload anything that violates someone else's rights or the law (see our Rules of conduct above).
We're not responsible for what you or any other user posts, but we reserve the right to remove anything we find objectionable or that violates these Terms. If you see something wrong, let us know.
If you or any third party is aware of any breach of these Terms, you should immediately contact us.
Gather may include links to third-party websites or services that we don't own or control. We're not responsible for the content, privacy policies, or practices of these third-party sites or services. By including those links, we are not endorsing the website, services, or the provider. You acknowledge and agree that we won't be liable for any damage or loss caused by using or relying on any content, goods, or services available through these third-party sites. We suggest you read a third-party's site terms and conditions before you use or rely on their content, goods, or services.
Gather is a ticketing and event marketplace. Its sole or primary purpose is not enabling online social interaction between end-users, and Gather is not an "age-restricted social media platform" within the meaning of section 63D of the Online Safety Act 2021 (Cth) (as amended by the Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth)). The use of comments, photos, invitations or other interactive features is incidental to Gather's primary purpose. If you become aware of content on Gather that you consider unlawful, abusive, harassing, threatening, harmful to a child, or that otherwise violates these Terms, please report it to us at help@gather.rsvp and we will assess the report and take reasonable action in accordance with our Rules of conduct and Content moderation policies. You may also report unlawful content to the eSafety Commissioner (esafety.gov.au) where appropriate.
You must not resell or transfer a ticket purchased through Gather in breach of any applicable ticket resale or anti-scalping law, including (where applicable to the event) the Ticket Scalping on Major Sporting and Entertainment Events Act 2021 (WA), the Australian Consumer Law and Fair Trading Act 2012 (Vic), the Fair Trading Act 1987 (NSW), the Major Events Act 2014 (Qld) and the Major Events Act 2013 (SA). For Australian events declared as "major events" or "declared events" under those Acts, you must not resell a ticket for more than the original ticket price plus the booking fee plus any cap permitted by the applicable Act (commonly 10%). We may cancel any ticket we reasonably believe has been resold or offered for resale in breach of an applicable law or of these Terms, without liability and without obligation to refund any amount above the relevant ticket's face value to the on-seller (the original purchaser's refund rights under applicable consumer law are not affected).
You may terminate your use of Gather by cancelling your account. If you are a host for a ticketed event, and you cancel your use of Gather before the event occurs, you are responsible and liable for either honouring the tickets purchased on Gather, and/or issuing a full refund to the ticket purchasers.
Without limiting any other right or remedy in these Terms, we may terminate your use of Gather by giving you at least 30 days' written notice (or immediately if you have breached these Terms, are using Gather unlawfully, or where we reasonably suspect fraud, a scam, or other serious misuse of the platform (including creating fake events, impersonation or attempting to defraud other users), or where we are required to terminate your access by law).
Without limiting any other right or remedy that we may have, we can remove, suspend, edit, or restrict your access to Gather if we reasonably consider you've violated these Terms. This might include suspending or terminating your account without notice, taking legal action, or other measures.
We take data security very seriously and use a variety of measures to protect your information. While we strive to keep your data safe, no system is completely foolproof. For more details, please contact us at help@gather.rsvp.
We love hearing from you! Any suggestions or feedback you provide are welcome. By sending us feedback, you give us the right to use it without any restrictions or compensation to you.
If part of these Terms is found invalid, the rest will still apply. We may transfer these Terms or any part of them to a related body corporate, a successor in our business (including by way of merger, acquisition or sale of substantially all of our business or assets), or any person acquiring our rights and obligations under these Terms in connection with a corporate reorganisation, in each case without your consent. Any other assignment requires your prior written consent (not to be unreasonably withheld). You can't transfer your rights or obligations to anyone else without our written permission.
Got questions or issues? Contact our support team at help@gather.rsvp, and we'll try to help resolve them.
If we cannot resolve your dispute internally, you may have the right to: (a) if you are in New Zealand, take the matter to the Disputes Tribunal for claims within its jurisdiction; or (b) if you are in Australia, raise the matter with your relevant State or Territory consumer affairs or fair trading office (for example, Consumer Affairs Victoria, NSW Fair Trading, Consumer Protection WA or Office of Fair Trading Queensland), with the Australian Competition and Consumer Commission for matters that may engage the Australian Consumer Law on a national basis, or take the matter to the relevant State or Territory consumer tribunal or small claims court (including VCAT, NCAT, QCAT, SACAT, the Magistrates Court (Civil Division) of Western Australia, TASCAT, ACAT or NTCAT) for claims within that tribunal's or court's jurisdiction.
If you have a dispute or issue related to an event, including relating to refunds or event delivery, you should contact the host directly (or if you are a host, the attendee directly).
Governing law: These Terms and any dispute connected with them are governed by New Zealand law. Nothing in these Terms excludes, restricts or modifies the operation of any law that applies on a mandatory basis to a user or to an event, including (where applicable to you) the Australian Consumer Law, the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).
Jurisdiction: each party submits to the non-exclusive jurisdiction of the courts of New Zealand and, for users in Australia, also submits to the non-exclusive jurisdiction of the courts of Australia and of the State or Territory in which the user is ordinarily resident.
These Terms set out everything agreed by the parties relating to your use of Gather and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to Gather that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
For all inquiries, please reach out to us by email at help@gather.rsvp.