TERMS OF SALE
1 Application of Terms
1.1 If you purchase a ticket to a Melbourne Writers Festival Inc. (MWF) event (including without limitation the purchase of any ticket, pass or donation), the following terms and conditions of sale (Terms of Sale) apply.
2.1 You agree to repay or pay on demand any amounts found to be unauthorised and will indemnify MWF and its officers, directors , employees, consultants, licensors, suppliers and agents against all losses of whatsoever kind in respect of the disputed transaction, including (but not limited to) the amount of the original payment, any fines, penalties, legal fees and any other costs or charges of whatsoever kind.
3 Limitation of Liability
3.1 You agree that your use of the payment process is at your own risk.
3.2 You accept all risk and responsibility for all loss, damage, costs and other consequences resulting from using this website to purchase tickets to MWF events.
3.3 You agree that in no event shall MWF be liable for any direct, indirect, incidental, special or consequential loss (including among other things loss of data, revenue or profits), punitive or exemplary damages of any kind or subject to any equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of or in connection with your access to or use of this payment process or the website, any delay or inability to use the payment process or the website or any information contained in this website.
3.4 By purchasing a ticket or pass, or otherwise attending an event, you agree that you are responsible for your own safety and property and agree to release MWF and its officers, directors, employees, consultants, licensors, suppliers and agents from any liability for any damage, loss, liability or injury you may suffer in relation to your attendance at a venue, howsoever caused, including but not limited to any negligence or other act or omission of MWF. This clause is subject to any applicable laws.
4.1 You warrant that any payment made to MWF (including, without limitation, the purchase of any ticket or pass, any carbon offset and booking fee or any donation) is a payment that you have the authority to make using either your own credit card or another credit card, your use of which has been expressly permitted by the authorised holder of that credit card for this purpose.
4.2 You warrant that you are making the payment in your own right or with full authority and continually indemnify MWF and its officers, directors, employees, consultants, licensors, suppliers and agents from all or any claims made by any persons claiming such transactions to be unauthorised.
4.3 MWF makes no representations or warranties as to the operation or functionality or any other aspect of the payment process.
5.1 You must maintain the confidentiality of your password and not disclose or provide it to any other person.
5.2 Any use of your e-mail address in conjunction with a password will identify you as the user of that account. MWF will hold you responsible for all use of the website that occurs when the e-mail address is used in conjunction with that password.
5.3 If you become aware of any unauthorised use of your password or account, you must notify MWF immediately.
6 Ticket Purchase
6.1 Tickets are valid only when purchased from MWF or an authorised agent.
6.2 You agree that MWF is only obliged to sell you a ticket or pass when the transaction is processed and MWF receives your payment. Ticket purchases made on the website may include an amount payable for a booking fee as prescribed in the website.
6.3 All transactions are in Australian dollars, and may be subject to GST.
6.4 You agree that, after you have made a payment, no refunds or exchanges can be given except as set out in the Code of Practice for the Ticketing of Live Entertainment Events in Australia. This is available on the Live Performance Australia website.
7 MWF Events
7.1 When attending a MWF event, you agree:
7.1.1 that the right of admission is reserved and patrons arriving late to MWF events will not be able to be admitted into the venue until a suitable break in the event;
7.1.2 to turn off any mobile telephones, pagers and similar equipment in your possession before entry into any event;
7.1.3 that MWF makes no representations or warranties as to the availability of any sessions offered and reserves the right to vary, substitute or withdraw advertised programs, speakers and seating arrangements;
7.1.4 that that MWF is not liable for any claims, damages, compensation, losses or expenses that may be suffered or incurred as a result of an event being cancelled, postponed or changed;
7.1.5 that you can be filmed, taped, interviewed, photographed or recorded (the “recordings”) for archival and marketing related purposes in connection with the MWF event. You also agree that MWF may use, publish, edit, incorporate or otherwise exploit (and to authorise others to do the same) any recordings as they deem fit to use them including for archival and marketing purposes. In doing so you release MWF from any claims you may have for infringement of proprietary rights, invasion of privacy, violation of the right of publicity, defamation or any other cause of action you may have in relation to the MWF event. Purchase of a ticket grants implied permission to use the photos and recordings taken for these purposes; and
7.1.6 to abide by any terms of entry into the venue, to the extent those terms of entry do not conflict with these Terms of Sale.
7.2 You must not:
7.2.1 enter any MWF event with a camera or other recording device;
7.2.2 broadcast, narrowcast, record or digitise by any means whatsoever (including, without limitation, by way of mobile telephone, modem or other wireless device) any images, sounds, data, results or commentary of or concerning any of the events at the venue without the prior written consent of MWF except for non commercial social interaction purposes you engage in through social media such as blogging or tweeting;
7.2.3 bring, or allow school students to bring, school bags to MWF events;
7.2.4 wear or otherwise display commercial, political, religious or offensive signage or logos or engage in ambush marketing generally, sell or distribute any goods or services or any other matter or thing or distribute political, religious, advertising or promotional material, in each case without the prior written consent of MWF; or
7.2.5 re-sell or offer to re-sell any tickets to a MWF event at a premium or to use any of them for advertising, promotional or other commercial purposes (including competitions) without the prior written consent of MWF. To avoid doubt, if a ticket is sold or used in contravention of this condition, the bearer of the ticket may be denied admission to the venue.
7.3 Without prejudice to any other rights which MWF or the venue owner may have, if you contravene any of the terms and conditions set out in this clause 7, you may:
7.3.1 be refused entry to the venue;
7.3.2 be ejected from the venue by an authorised event official;
7.3.3 have your ticket confiscated and/or cancelled without refund or recompense;
7.3.4 be prohibited and disqualified from purchasing tickets for or entering into any event or other function conducted under the auspices of MWF;
7.3.5 have legal action taken against you in connection with such matters; and/or
7.3.6 consent to your immediate removal from MWF event and forfeiture of any such device used contrary to clause 7.2.2.
7.4 In the event that you are refused entry to an MWF event for any reason, then, in accordance with these Terms of Sale, no refund will be paid in respect of the relevant ticket.