Terms and Conditions

1. Acceptance

(a) This website (Site) is operated by Semi-Permanent Pty Limited (ABN: 56 102 230 446) (we, our or us). It is available at: www.semipermanent.com and may be available through other addresses or channels.
(b) By accessing and/or using the Site you:
1. warrant to us that you have reviewed these terms and conditions (Terms) and you have read our Privacy Policy (available on the Site), with your parent or legal guardian (if you are under 18 years old);
2. warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
3. agree to use the Site in accordance with the Terms.

2. Ticket registration

(a) You may register for a free event, or, for a paid event, as set out on the Site. Any registration you make through the Site for a paid event is an offer by you to purchase a particular ticket or tickets for the price notified at the time you register.
(b) It is your responsibility to check the registration details, including selected ticket and ticket type, quantity of tickets, venue, time and pricing, before you submit your registration through the Site.
(c) When you register and pay on the Site and your payment has been validated (or, if you register for a ticket for a free event, when you register), we will provide you with a copy of your ticket(s) in PDF form and/or a QR code by email to the email address provided at the time of registration. 
(d) Please be aware that some of the tickets supplied through the Site may not be suitable for children under 18 years old. Please take extra care when registering for events for children under 18 years old.
(e) If you register for a concession ticket for a particular event, you may be required to provide suitable and valid proof of identification at the event. If you do not provide suitable and valid proof of identification, then you must pay the balance of the full purchase price for the ticket at the venue, or you will not be allowed entry into the event.
(f) If you purchase a ticket that includes services offered by a third party, such as accommodation at a hotel or a meal at a restaurant, you acknowledge and agree that those services are not supplied by us, and the terms and conditions of that third party will apply to your experience with them. Where possible, we will endeavour to set out those party’s details in the ticket information. 
3. Price and payments (applicable to paid tickets only)
(a) You must pay us the purchase price of each ticket you register for (the Price) at the time you register for your ticket(s). All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). 
(b) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
(c) If we offer payment via a third party payment processor, such as Stripe, PayPal or any other third payment platform we use from time to time, the payment may be subject to the third party payment processor’s terms and conditions.
(d) Where you order a ticket from outside of Australia, you will be responsible for any custom charges or taxes in addition to the Price.
(e) We may from time to time issue promotional discount codes for certain events on the Site, or, if you contact us to request a discount for purchasing tickets in bulk, we may at our sole discretion provide you with a promotional discount code. To claim the discount, you must enter the promotional discount code at the time of registration through the Site. If we are offering promotional discount codes as part of a promotion, the conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

4. Availability and Cancellation

(a) We reserve the right to cancel a ticket registration, at any time before an event, if the ticket registration was subject to an error on our Site (for example, in relation to an event description or price). If an error occurs, we will contact you using the details you provided when you registered and we will endeavour to give you the option of purchasing the ticket at the correct price (if any) or provide you with a refund.
(b) If you request us to reprocess your ticket(s) due to an error on your behalf, we may charge you any additional fees incurred in reprocessing your registration (including chargeback fees or other fees incurred by our third party payment provider).
(c) In the event that the event or experience you have purchased tickets for cannot go ahead or we are required to reduce the number of persons that can attend the event or experience due to Covid-19 restrictions (including Government directions), we will contact you and provide you with an option to transfer your ticket to the follow year or for another event or experience of equal value, to receive a refund or to transfer your ticket to a digital offering.
(d) We, any venue where we host an event or any of our event partners may, without refund to you of any Price paid, refuse admission to, or eject, you or any person you have purchased a ticket for, from an event if it is deemed that you (or the relevant ticket holder) are acting disorderly, using vulgar or abusive language, not following our reasonable instructions (including to wear a mask if required), are intoxicated, under the influence of illicit drugs, wearing inappropriate clothing, do not meet identification requirements, using recording equipment when asked not to, or are adversely impacting on the ability of other ticketholders to enjoy the event. For the avoidance of doubt, no refund will be due to you as a result of any unused portion of your ticket.

5. Rescheduling

(a) If you need to reschedule your ticket to another day of an event, please contact us as soon as possible using the contact details at the bottom of these Terms. If you request to reschedule your ticket with more than 10 days’ notice, we will use reasonable endeavours to cater to your request if tickets are still available for your preferred time (but are under no obligation to do so). If we cannot cater to your request, clause 6 (Refunds) below will apply.

6. Refunds

(a) You are not entitled to a refund for change of mind or a change in personal circumstances. 
(b) You may request a refund or exchange, from us, where the event you registered for is cancelled, rescheduled or significantly relocated by us (and where you do not wish to attend the rescheduled or relocated event).
(c) Unless required by law (including the Australian Consumer Law), we will not be liable for, or cover the costs, of any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses. You must cover these yourself. We recommend you carefully consider the refund and cancellation policies of any travel, transport or accommodation you book in anticipation of attending an event you have registered for on the Site.
Australian Consumer Law 
(d) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). 
(e) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under ACL. 

7. Resale of tickets

(a) You agree not to offer tickets sold by us for resale at a premium or to use tickets for advertising, promotional or other commercial purposes, including trade promotions or competitions (unless previously agreed in writing by us).
(b) If you sell a ticket or it is used in breach of these Terms, we may cancel the validity of the ticket without refund to you, and the ticketholder may be refused admission to the relevant event.
(c) The resale of tickets in certain circumstances may attract criminal penalties under the relevant legislation.

8. Intellectual Property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
(b) You must not, without our prior written consent: 

1. copy or use, in whole or in part, any of our intellectual property; 
2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
3. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

9. Limitations

(a) Despite anything to the contrary, to the maximum extent permitted by law: 
1. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the ticket the subject of the relevant claim, or where the ticket was free and no price was paid, $100; and
2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:  
1. loss of, or damage to, any ticket, or any injury or loss to any person as a result of attending or not attending an event;
2. any third parties or any services or events provided by third parties, including hotels, partners, venues or other subcontractors which the provision of the Site or events may be contingent on, or impacted by; or 
3. the Site or an event being unavailable;
4. breach of the Terms or any law, where caused or contributed to by any: 
5. event or circumstance beyond our reasonable control; or
6. act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the event you purchase a ticket for.  
(c) Despite anything to the contrary, to the maximum extent permitted by law, you are liable for and agree to indemnify, hold harmless, release and discharge, us in respect of any liability which we may suffer, incur or are otherwise liable for as a result of, or in connection with any loss or damage to any person or property at an event that arises as a result of any negligent acts or omissions of you or people you have purchased a ticket for or where you (or a person you purchase a ticket for) refuse to follow our reasonable directions (including with regards to safety procedures).

10. Collection Notice

(a) We collect personal information about you in order to enable you to access and use the Site, to process your registration and provide your ticket(s), to contact and communicate with you, to register your attendance at our events; to coordinate with third party service providers where your ticket entitles you to third party services (including any accommodation or restaurant experiences); to respond to your enquiries, and for other purposes set out in our Privacy Policy.
(b) We may disclose that information to our third party service providers who help us deliver our services (including our information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners), to third party services providers who you purchase services from as part of your ticket package (including any hotels you are booked into) or as required by law. If you do not provide this information we may not be able to provide our products to you.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia. 
(c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 
(d) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

11. General

(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). 
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing. 
(d) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
(e) Filming and photographing events: We may film or photograph our events. You agree that you may be filmed or photographed by us or our representatives when attending our events. Unless you otherwise instruct us not to, you agree that we may use your image and/or voice in any photographs or videos we take for promotional purposes, including on our social media pages, and no remuneration will be payable to you for such use.
(f) Your photographs: If you provide us with photographs of yourself at an event, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including but not limited to on our Site, in our social media, on our YouTube content and to supply to publishers covering the event. 
(g) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(h) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
(i) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 
(j) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(k) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(l) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site. 
For any questions and notices, please contact us at:
Semi-Permanent Pty Limited (ABN: 56 102 230 446) 
Email: hello@semipermanent.com 
Last update: 26 March 2021
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