TERMS & CONDITIONS
MAROOCHY MUSIC AND VISUAL ARTS FESTIVAL TERMS & CONDITIONS: 2017
The terms & conditions set out below shall constitute a binding contract between The Captain and Associates Pty Ltd trading as Maroochy Music and Visual Arts Festival, ABN 54 602 974 176, Level 2, 4 First Avenue, Maroochydore QLD 4558 (the “Promoter”, “we”, “our” or “us”) & the individual holding or using a ticket (“Ticket Holder”) in relation to the event known as Maroochy Music and Visual Arts Festival held at Maroochydore in Queensland (referred to as the “Event” or “MMVAF”). All terms and conditions set out below (the “Event Terms”) are to be read together with the Merchant Terms and Conditions of this Website (the "Merchant Terms") and the Eventrbrite Terms of Service as made available on the Ticket Purchase web site (the “Eventbrite Terms”). These terms and conditions are subject to change at any time and it is the responsibility of the Ticket Holder to be aware of the terms and all changes.
1. Entry to and attendance at the Event is in accordance with these Event Terms, the Merchant Terms, the Eventbrite Terms and any other festival rules viewable at www.mmvaf.com, displayed at the Event or communicated by the Promoter from time to time in any other format.
2. The Promoter reserves the right to refuse entry or evict any person who does not comply with the Event Terms, Merchant Terms, or Eventbrite Terms, the festival rules or engages in an illegal activity or activity deemed in the Promoter’s sole discretion to be antisocial.
3. Transport to and from Maroochy Music and Visual Arts Festival will be operated by independent parties. The Promoter accepts no liability for any action or omission by such parties.
4. As part of the Maroochy Music and Visual Arts Festival liquor licensing regulations, patrons are strictly prohibited from bringing alcohol onsite or into the Event. We will be searching all bags on arrival and ejecting patrons who are found with alcohol; refunds for ejected patrons will not be issued. Alcohol will be available to purchase at the Event in the Main Arena.
5. Tickets must be treated like cash. Tickets are not refundable and will not be replaced or refunded if lost, stolen or damaged, except as required by law or as otherwise specified by these Event Terms, the Ticket Terms or by the Promoter from time to time. Damaged or defaced tickets will not be accepted. Do not share your ticket barcode with anyone else or you may be denied entry.
6. The Promoter reserves the right to change the Event line-up, date or venue without prior notification. Subject to this clause, the Promoter is not liable for any loss, damage or compensation as a result of the Event being cancelled, postponed, relocated or changed for whatever reason. If the Event is cancelled in whole or in part by Act Of God or act of war or industrial dispute or for any event outside of the control of the Promoter then refunds shall be at the Promoters absolute discretion. If the event is cancelled for any other reason, the Promoter may, in its absolute discretion and in accordance with legislation governing the Promoter, refund to the Ticket Holder the ticket price (excluding booking fees, processing surcharge, delivery or mail fees) upon request by the Ticket Holder within 4 weeks after the cancellation, provided that the original ticket(s) and proof of purchase are presented. Tickets bought from retail outlets must be returned to the place of purchase to apply for a refund.
7. The sale or attempted re-sale of a ticket by the Ticket Holder (including via on-line auction sites) without the prior consent of the Promoter is prohibited. If a ticket is sold or used in breach of this clause, the Promoter retains the right to: cancel the ticket without a refund, refuse entry to or eject the Ticket Holder from the Event and commence legal proceedings. Should Promoter offer a resale facility this will be the only legitimate way to on-sell any unwanted tickets. Use of tickets for or in conjunction with any advertising, promotion, marketing or competition is prohibited.
8. The Event (and variations) is protected by law. The name, logo, images, tickets or other works associated with the Event cannot be used in any way (including promotions, advertising & ticket giveaways or in any way to enhance the demand for other goods or services) unless authorised by the Promoter.
9. Maroochy Music and Visual Arts Festival is strictly an 18+ event. No children under 18 years old are allowed, no exceptions.
10. The Ticket Holder must comply with the law at all times during the Event. Proof of age identification is required to buy & consume alcohol and may be requested at any time. All Ticket Holders will be required to present proof of age ID to enter the Event.
11. Purchasing alcohol for a minor is illegal. Underage drinkers, excessive drinkers, illegal drug users or patrons displaying antisocial behaviour may be ejected from the Event or be dealt with by police. Uniform & undercover police will be in attendance.
12. Please refer to www.mmvaf.com for full operating hours and entry times. Designated drivers must ensure they are under the legal Blood Alcohol Concentration limit and safe to drive. We recommend you consider how much alcohol you consume the night before as your BAC takes time to reduce.
13. Patrons must not cause damage to, improperly use or tamper with any public facility or festival infrastructure, or cause any damage to flora and fauna on or surrounding the venue or enter any onsite bodies of water. Nor must they remove or attempt to remove any item or object from the venue or surrounding area.
14. The following items cannot be brought on to the Event site: animals (with the exception of registered guide dogs), alcohol, glass, illegal substances, flares, fireworks, sparklers, explosives, BBQs, gas bottles, large furniture items, professional sound systems, umbrellas, knives, any item that the promoter considers could be used in an offensive or illegal manner. Ticket Holders & their property may be searched for prohibited items upon entry to or during the Event. Ticket Holders found with prohibited items or who refuse to make their clothes, bags, containers, vehicles or other possessions available for search by the Promoter, may be refused entry to the Event, ejected or have the prohibited items confiscated. Confiscated items will not be returned, replaced or reimbursed & proceeds from confiscated items will be donated to charity. For a full list of banned items, please visit www.mmvaf.com.
15. Tickets MUST be exchanged for a wristband once on site. Wristbands that are removed from wrists or tampered with will be rendered invalid & will not be replaced. Anyone found on site without a valid wristband will be deemed to have trespassed and will be handed over to the Police.
16. The Event site is an area of TOTAL FIRE BAN. Patrons detected using flame including but not limited to camp fires, gas bottles, flares, sparklers or fireworks may be fined & ejected from the Event.
17. Audio or visual recordings of the Event & performers are prohibited. Still cameras (not professional) are permitted but images may only be used for private purposes, not public display.
18. Ticket Holders consent to their inclusion in official photographic, film and other visual & audio recordings of the Event and grant the Promoter the right to use such recordings for promotion and other purposes.
19. Entry to the Event is at the Ticket Holder’s own risk. Without limiting the generality of this, appropriate footwear and clothing must be worn at all times at the Event; Ticket Holders must not mosh, crowd surf or stage dive; noise levels may be harmful and ear plugs should be worn. To the extent permitted by law, the Promoter takes no responsibility for any hearing damage or loss caused by excessive noise or injury caused by the Ticket Holder's failure to follow the Promoter's directives. Offensive language may be used by performers. In the event of injury or illness the Promoter may, at the cost of the Ticket Holder, arrange medical treatment and/or emergency evacuation as deemed essential for the safety of the Ticket Holder.
20. To the full extent permitted by law, Ticket Holders waive all legal rights of action against and fully release the Promoter, its agents, employees, members and volunteers for all claims for compensation for loss, damage, injury or death howsoever arising out of or in relation to the Ticket Holder’s participation in the event including without limitation, liability for any negligent or tortious act or omission on the part of the persons released or under statute or for breach of these terms and conditions.
21. In the case of an emergency, you must follow all official directives of the Promoter or authorized personnel.
22. The Maroochy Music and Visual Arts Festival cares for the environment & our community. Ticket Holders agree to be respectful, drive slowly approaching the event, to not litter & to use public toilets not the bush.
23. The Promoter may novate its rights and obligations under this Agreement to any person nominated by the Promoter. Any novation under this clause will be effective on the date specified in a written notice to the Ticket Holder via the website www.mmvaf.com and from such effective date the new party will assume all rights and obligations of the Promoter and the Promoter will be released from all rights and obligations under this Agreement.
24. Any provision of this Agreement which is or becomes unenforceable shall not invalidate the other provisions of this Agreement.
25. The laws of the state of Queensland apply to this agreement and the Promoter and the Ticket Holder submit to the jurisdiction of the courts of Queensland with respect to any proceedings arising out of or relevant to the Event.
MERCHANT TERMS AND CONDITIONS
Who you are buying from
1. This web site is owned and operated by THE CAPTAIN AND ASSOCIATES PTY LTD (ABN 54 602 974 176) t/as Maroochy Music and Visual Arts Festival ('We', 'Our' or 'Us'). We sell tickets offered via this website as the event organisers (the "Promoter") and any tickets purchased from this website are purchased from Us as the Promoter. Any dispute you have relating to an event or ticket purchase is between you and Us.
2. The web site eventbrite.com.au (the "Eventbrite Website") is owned and operated by Eventbrite, Inc., a Delaware corporation, with its principal place of business at 155 5th Street, Floor 7, San Francisco, CA 94103, Reg. No. 4742147 (“Eventbrite US”). If you buy tickets from the Eventbrite Website you are subject to Eventbrite US Terms of Service. The Eventbrite US Terms of Service are provided on the Eventbrite Website.
3. The Promoter nor Eventbrite are not liable for any claims relating to an event or ticket purchase, except as otherwise set out in these terms and conditions.
What you are agreeing to
5. Every ticket sold through this web site is also subject to:
a. the Promoter’s additional event term and conditions (please see the Promoter’s website);
b. any terms and conditions of the venue at which event is held (please see the venue’s website); and
c. any terms and conditions that may be printed on the ticket.
6. The Promoter reserves the right to add, withdraw, reschedule or substitute artists and/or vary programs, prices, venues, seating arrangements and audience capacity.
Use of this Website
7. Use of this web site is restricted to personal use and reference only.
Conditions of Sale
8. All Prices quoted are in Australian Dollars and include local taxes (GST).
9. Online sales will cease when the allocation of tickets is sold, at a time otherwise specified or usually 2 hours before doors open for the event.
10. The Promoter reserve the right not to sell tickets to any person, agent or company.
11. Tickets will be delivered to you by the method you select during the booking process. If tickets are sent using Registered Post or a Courier service they will only be sent to addresses where the purchaser can sign for delivery. Mail delivery option will cease to be offered 7~10 days before the event.
12. Tickets may not, without the prior consent of the Promoter, be resold or offered for resale at a premium over the face value of the ticket (including via on-line auction sites) or used for advertising, promoting or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services either by the original purchaser or any subsequent ticket holder.
13. Notwithstanding these terms and conditions, if You use a "disposable" or "temporary" credit card (such as those purchased over the counter at supermarkets) for Your online purchase We are not able to make any refund to you unless a) you can provide full details of the credit card; b) the credit card remains valid; and c) you can produce the online purchase receipt.
Refunds and exchanges
14. The Promoter will only refund tickets in accordance with these terms and conditions, and to the extent permitted by law, The Promoter or Eventbrite has no liability to you.
15. We do not replace any lost, stolen or destroyed tickets or exchange or substitute tickets after purchase, except in limited circumstances. We reserve the right to charge you a reasonable fee for the replacement of tickets. Please treat your tickets like cash, as we cannot replace lost tickets.
16. The Promoter reserves the right to alter the date, the venue and the entertainment and activities as advertised, without prior notice to you. Your entitlement to a refund in such circumstances is determined by the Promoter. Please contact Promoter directly at firstname.lastname@example.org order to determine your eligibility for a refund.
17. If the date, time or venue of an event is rescheduled or changed, your ticket will remain valid for the rescheduled date, time and venue.
18. If We authorise a Refund, We will refund to you the ticket price. The Booking fees, applicable delivery or postage fees and any Processing Surcharge may be refunded, depending on the reason for the refund.
19. Any refund payable can only be made back to the credit card (whether temporary or otherwise) used in the original transaction.
20. MMVAF will post any relevant information regarding any cancelled or rescheduled events on the Event website when applicable. It is your responsibility to check Our website for information in relation to any events.
No Show / Failure to collect tickets / Delivery fulfilment
21. We fulfil Our commitment to you for the sale of tickets by either mailing or emailing the ticket to you, or by making the ticket available at the door or Box Office for you to collect.
22. If you have elected to receive the tickets by mail or email and have not received your ticket(s) within 48 hours of the event, please contact Us.
Pay Over Time Payment Option
23. In some circumstances you may be able to pay for your ticket over time, in instalments. If both parties agree to this payment option, You agree that We can charge your credit card a deposit, a booking fee (if any) and the number of specified instalments prior to sending you a confirmed ticket.
24. You agree that you only have a reservation for a ticket and are not entitled to a ticket to the relevant event until full payment of the ticket and associated fees is made.
25. If your credit card details change prior to your payment of any instalment, you agree to contact Us to update your credit card details.
26. You agree that if, for any reason, We are not able to process any of the instalments on their due date, your reservation for the ticket will be cancelled and your deposit and any booking fee paid forfeited by you.
27. We agree to repay any instalment (other than the deposit and any booking fee) you have paid to Us to the credit card you specified at the time of selecting the pay over time option, provided that credit card remains valid.
Changes to Terms and Conditions
28. The terms and conditions that apply to any particular transaction will be the published terms and conditions at the time the transaction was finalised. Subject to the preceding sentence, We may alter or change the terms and conditions as they appear on our website from time to time effective immediately from posting on the web site.
29. You should periodically check this page of the web site to ensure that you are aware of the latest terms and conditions.
What happens if you have an inquiry or complaint?
30. For inquiries or complaints regarding the sale and delivery of tickets please contact us by email at email@example.com.
31. For inquiries or complaints regarding the staff and / or amenities at a venue or event, please contact the venue management.
32. For inquiries or complaints regarding the artist's performance, sound or lighting or production quality, please contact the Promoter.
34. If you are concerned about using your credit card online please contact us for assistance.
35. If you deny or dispute a charge on your credit card made by us, please contact us immediately. We consider credit card fraud to be a serious offence and we aim to prosecute each case to the fullest extent possible.
Copyright and Trademark
36. The images, text, logos and artwork contained within this site are copyright to Promoter, Eventbrite and/or the relevant licensors. All rights are reserved. Unauthorised use by way of copying, storage, reproduction, publishing electronically or otherwise transmitting in any form or by any means in whole or in part is prohibited. The Eventbrite logo is a registered trademark.
Disclaimer and liability
37. You accept that the Internet is not always a reliable and that system outages may occur.
38. Save to the extent set out in the Competition and Consumer Act 2012 (Cth) (including the consumer guarantees under Australian Consumer Law) or otherwise permitted by law, We or Eventbrite will not be liable for any damages direct, incidental, consequential or otherwise, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your purchase of any tickets or your access to, or use of, or inability to use the web site and its content, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not We know of the possibility of such damage.
Choice of Law
39. These Terms and Conditions shall be governed by the laws of the State of Queensland, Australia but legal proceedings may be commenced in any Australian State or Territory.
Australian Consumer Law
40. Our goods and services come with consumer guarantees that cannot be excluded under Australian Consumer Law. Those consumer guarantees apply in addition to any other express warranties which we provide under this Agreement. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage