Terms & Conditions of Use

1. Who we are and how to contact us

1.1 Wildnation is the corporate hospitality ticketing platform of the Perth Wildcats. It is operated by Perth Wildcats Pty Ltd (ABN 16 162 327 077), trading as the Perth Wildcats, of 201 Underwood Avenue, Floreat WA 6014 (we, us, our).

1.2 These terms apply to the Wildnation website at wildnation.com.au, the Wildnation application at my.wildnation.com.au, and any Wildnation mobile or downloadable application we make available (together, the Platform).

1.3 By accessing or using the Platform you agree to these terms. If you use the Platform on behalf of a company or other organisation, you agree to them for yourself and on behalf of that organisation, and you confirm you are authorised to do so.

1.4 You can contact us about the Platform at [email protected], or by post to PO Box 455, Wembley WA 6913. Notices we give you under these terms will be sent to the email address recorded against your account.

1.5 In these terms, the Club means the Perth Wildcats, and the Venue means RAC Arena, Perth, or any other venue at which a Club match or event is held.

2. What the Platform is — and what it is not

2.1 The Platform is a tool for distributing and managing corporate hospitality tickets that have already been issued. It lets the Club allocate seats to its corporate clients, lets those clients assign individual seats to named guests, and lets a guest view and download the ticket assigned to them.

2.2 We do not sell tickets. The Platform is not a ticket shop, a box office or a resale marketplace. No ticket is offered for sale, sold, purchased or paid for through the Platform, and using the Platform does not create a contract for the sale of a ticket between you and us.

2.3 Tickets shown on the Platform are issued by Ticketek Pty Ltd and/or the Club under the corporate hospitality arrangements between the Club and its corporate client. We act in connection with the distribution of those tickets on the Club's behalf.

2.4 Other terms apply to the tickets themselves and prevail over these terms. Every ticket remains subject to:

• the Club's ticketing and corporate hospitality terms and conditions, available on wildcats.com.au;
• Ticketek's terms and conditions of sale and website terms of use, available on ticketek.com.au; and
• the Venue's conditions of entry and use, and any event-specific conditions.

Nothing in these terms varies, replaces or limits any of those documents. If there is any inconsistency between these terms and any of them in relation to a ticket, its validity, its use, or entry to the Venue, the other document prevails to the extent of the inconsistency.

2.5 We do not set conditions of entry. We do not operate the Venue, control admission, or decide whether a ticket is accepted at the gate. Conditions of entry, bag and security checks, prohibited items, patron conduct, ejection and refusal of admission are matters for the Venue and the Club, and are dealt with in their documents, not ours.

2.6 Nothing in these terms gives you any entitlement to a ticket, a seat, a particular seat, admission to an event, or any hospitality inclusion. Those entitlements come from the arrangements between the Club and its corporate client.

3. Eligibility, accounts and manager access

3.1 Access to the Platform is provisioned by the Club or its administrators. Accounts are created for Club staff, for corporate clients and the individuals each client nominates as its managers, and for guests who have been assigned a seat. Guests do not create their own accounts. Where a guest is given access to the Platform, it is limited to viewing the ticket assigned to them.

3.2 An account is personal to one individual. You must not share your account, your password or any access link with anyone else, and you must not use anyone else's account.

3.3 You must keep your login credentials secure and confidential, and tell us promptly at [email protected] if you believe your account has been accessed without your authority. You are responsible for activity carried out through your account, except to the extent it results from our act or omission.

3.4 A manager must be at least 18 years old, must be authorised by the corporate client to act for it on the Platform, and warrants that they hold that authority. We may rely on any instruction given through a manager's account as an instruction of the corporate client.

3.5 A corporate client is responsible for the acts and omissions of its managers on the Platform, including seat assignments they make, the attendee details they enter, and any misuse of ticket information they receive. The corporate client must tell us promptly when a manager should no longer have access.

3.6 We may verify a person's identity or authority before granting or continuing access, and may decline to create an account.

4. Entering attendee details and other people's information

4.1 When a corporate client or its manager enters or uploads information about another person — for example a guest's name, or the guest to whom a seat is assigned — the corporate client warrants that it is authorised to give that information to us, and that it has done everything the Privacy Act 1988 (Cth) requires of it before doing so.

4.2 The corporate client must, before entering a person's details, tell that person that their information will be given to us and handled through the Platform, and make our Privacy Policy available to them. We rely on the corporate client to do this: in most cases we do not deal with the guest directly before the seat-assignment email is sent, so the corporate client is the only party able to give that notice at the time of collection.

4.3 Attendee details must be accurate and kept up to date. A wrong or outdated name or email address may mean a ticket goes to the wrong person, which is a matter for the corporate client to correct promptly.

4.4 Do not enter sensitive information — including health, dietary, accessibility, religious or similar information — into a free-text field on the Platform unless the Platform expressly asks for it. Dietary requirements, accessibility needs and phone numbers are not collected through the Platform. Tell the Club directly about any dietary or accessibility need, so it can be handled outside the Platform.

4.5 The corporate client must only use guest information it obtains through the Platform for the purpose of managing its own hospitality allocation, and not for its own marketing or any other purpose without that person's consent.

5. Acceptable use

5.1 You must not:

• scrape, harvest, index or systematically extract data from the Platform, or use any robot, crawler or automated tool to access it, except with our written consent;
• circumvent, disable or test any authentication, access control, rate limit or security feature, or access any account, seat, allocation, ticket or file you have not been given access to;
• publish, post, broadcast or otherwise make a ticket barcode publicly available, including on social media, or share it with anyone other than the person the seat is assigned to;
• copy, reproduce, alter or re-render a barcode or ticket outside the Platform, or create a duplicate ticket;
• reverse engineer, decompile or attempt to derive the source code of the Platform, or copy its design, structure or data model;
• upload anything containing malware, or anything unlawful, misleading, or infringing another person's rights;
• use the Platform to send unsolicited commercial messages; or
• use the Platform in a way that damages, disables or unreasonably burdens it, or interferes with anyone else's use of it.

5.2 You must comply with all applicable laws when you use the Platform, and must not use it to help anyone breach the Club's ticketing terms, Ticketek's terms or the Venue's conditions of entry.

6. Tickets, allocations, assignment and transfer

6.1 Seat allocations to a corporate client are made by the Club. The Platform records an allocation; it does not create one. The Club may vary, substitute or withdraw an allocation in accordance with its arrangements with that client, including moving seats within a category or area, and the Platform will show the current position.

6.2 Which of its people or guests a corporate client assigns to its allocated seats is a matter for that client. We do not review, approve or vet assignments, and we take no responsibility for how a client allocates its own entitlement.

6.3 Seat details are shown in the Platform in the form used by the Venue — for example BOX43 · Row E · Seat 4 — together with a Club-assigned category. The category is a Club layer used for allocation and is not printed on the ticket.

6.4 Resale and transfer. Any resale, transfer, auction, on-sale, or use of a ticket as a prize or promotional inducement is governed by the Club's and Ticketek's terms and by any applicable law regulating ticket resale, and may be prohibited by them. Assigning a seat to a guest inside the Platform, as the Club's arrangements contemplate, is not a resale. Nothing in these terms authorises any dealing that those terms prohibit, and a ticket dealt with in breach of them may be cancelled by the Club or Ticketek.

6.5 Barcodes. A ticket barcode is the credential that admits a person to the Venue and must be treated as confidential. The Platform reproduces the barcode issued on the source ticket without alteration. Where the same barcode is presented more than once — for example because a ticket has been screenshotted, forwarded or duplicated — the Venue may admit only the first presentation and refuse the rest. We are not responsible for a refusal of admission caused by a barcode being shared, duplicated or published.

6.6 Where a ticket is reissued, the reissued ticket carries a different barcode and supersedes the earlier one. Only the current ticket shown in the Platform should be presented at the Venue.

6.7 Parking passes and other hospitality inclusions made available through the Platform are provided by the Club or the Venue on their own terms, and are subject to the Venue's parking rules and available capacity.

7. Availability, changes and support

7.1 We aim to keep the Platform available and working, but we do not warrant that it will be available continuously or without interruption, error or delay. We may suspend access for maintenance, upgrades or urgent fixes, and will try to give notice of planned maintenance where practical.

7.2 We may add, change, withdraw or discontinue any feature of the Platform, and may change how it works, at any time. We will not do so in a way that removes an entitlement the Club has agreed with a corporate client.

7.3 Support is provided at the levels agreed between the Club and the relevant corporate client. Where none is agreed, support is provided on a reasonable-endeavours basis during Perth business hours.

7.4 If the Platform is unavailable, tickets remain valid. Contact the Club so an alternative can be arranged; unavailability of the Platform does not of itself affect a person's entitlement to attend.

8. Intellectual property

8.1 All intellectual property rights in the Platform — including its software, design, layout, seat-map data, documentation and text — are owned by us or our licensors. Nothing in these terms transfers any of those rights to you.

8.2 We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform, and to store, print and display a ticket assigned to you, for the purpose of attending the relevant event. You must not use the Platform or its content for any other commercial purpose.

8.3 The Perth Wildcats name, logos, colours and other trade marks, and the National Basketball League's marks, remain the property of their respective owners and are used on the Platform under licence. "Wildnation" — written as one word — is a Club brand; on the Platform it refers to the platform described in clause 2.1 and is used with the Club's authority. The Club owns or licenses the Wildnation name and the Club's other marks, and nothing in these terms gives you any right to use them.

8.4 If you give us feedback or suggestions about the Platform, we may use them without obligation or payment to you.

9. Privacy

9.1 We handle personal information in accordance with our Privacy Policy, which forms part of these terms.

9.2 The Privacy Policy explains what we collect, where it comes from, who we disclose it to, and how to access, correct or complain about our handling of your personal information.

10. Liability and indemnity

10.1 Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that applies under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law, where to do so would be void or unlawful. Where a supply under these terms is a supply of goods or services to a consumer within the meaning of that law, you have rights that cannot be excluded, including rights to a remedy if a service is not supplied with due care and skill. Every other provision of this clause 10 applies only to the extent it is permitted by that law and is read subject to this clause 10.1.

10.2 Subject to clause 10.1, and to the maximum extent permitted by law:

• the Platform is provided on an "as is" and "as available" basis, and we exclude all warranties, representations and conditions not expressly set out in these terms; and
• we are not liable for any indirect, consequential, special or incidental loss, or for loss of profit, revenue, opportunity, goodwill, anticipated savings, data, or loss arising from a third party's act or omission, however caused.

10.3 Subject to clause 10.1, our total aggregate liability to you arising out of or in connection with these terms and the Platform, whether in contract, tort (including negligence), statute or otherwise, is limited to the greater of AUD $1,000 and the total fees (if any) you or the corporate client you act for paid us for access to the Platform in the 12 months before the claim.

10.4 No effect on ticketing obligations. This clause 10 limits only our liability in relation to the Platform. It does not limit, exclude or affect any obligation or liability of the Club, Ticketek or the Venue in relation to a ticket, an event, a hospitality package or admission — those are governed by their own terms, and nothing here reduces the rights a person has against them.

10.5 Subject to clause 10.1, a corporate client indemnifies us against loss we suffer arising from that client's breach of clause 4 (attendee details), clause 5 (acceptable use) or clause 6.4 (resale and transfer), except to the extent the loss is caused by our own act or omission. We will take reasonable steps to mitigate any such loss and will not settle a claim without the client's consent.

10.6 Each party's liability is reduced to the extent the loss was caused or contributed to by the other party.

11. Suspension and termination

11.1 We may suspend or terminate your access to the Platform, with notice where practical and immediately where necessary, if you breach these terms, if we reasonably suspect fraudulent or unauthorised use of an account or a barcode, if the Club instructs us to, if your corporate client's arrangement with the Club ends, or if we are required to by law.

11.2 A corporate client may ask us to remove a manager's or a guest's access at any time by contacting [email protected].

11.3 Suspension or termination of Platform access does not of itself cancel a validly issued ticket. Whether a ticket remains valid is determined by the Club's and Ticketek's terms.

11.4 Clauses 4, 5, 8, 9, 10, 14 and 15 survive termination. On termination we handle personal information as set out in the Privacy Policy.

12. Changes to these terms

12.1 We may vary these terms where reasonably necessary — for example to reflect a change to the Platform, to the Club's arrangements, or to the law.

12.2 We will publish the varied terms on the Platform with a new effective date and, where the change materially affects your rights, we will notify account holders by email at least 14 days before it takes effect.

12.3 Continuing to use the Platform after the effective date means you accept the varied terms. If you do not accept them, stop using the Platform and contact us.

12.4 These terms take effect on the date they are published on wildnation.com.au.

13. General

13.1 These terms, together with the Privacy Policy, are the entire agreement between you and us about the Platform. They do not affect the separate arrangements between the Club and a corporate client.

13.2 If any provision is unenforceable, it is severed and the rest continues to apply.

13.3 A failure or delay by us in exercising a right is not a waiver of it.

13.4 You may not assign your rights under these terms. We may assign or novate ours to the Club or to a related body corporate, or in connection with a transfer of the Platform, on notice to you.

13.5 Nothing in these terms creates a partnership, agency or employment relationship between you and us.

14. Governing law and jurisdiction

14.1 These terms are governed by the laws of Western Australia and the Commonwealth of Australia.

14.2 You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and of the courts able to hear appeals from them.

15. Definitions

15.1 In these terms:

• allocation means the seats the Club makes available to a corporate client for an event or a season.
• assignment means a corporate client's designation of a named guest to a seat within its allocation.
• attendee or guest means a person assigned to a seat.
• barcode means the machine-readable credential printed on a ticket and reproduced in the Platform.
• corporate client means a company or other organisation with a corporate hospitality arrangement with the Club.
• manager means an individual a corporate client nominates to administer its allocation on the Platform.
• Platform has the meaning given in clause 1.2.
• ticket means a ticket issued by Ticketek and/or the Club and distributed through the Platform.