PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY THESE WEBSITE TERMS OF USE. IF YOU DO NOT ACCEPT THESE WEBSITE TERMS OF USE THEN YOU MUST NOT USE THIS WEBSITE.
1. About this Website
1.1 Operator – This website www.kidspromotions.com.au (“Website”) is operated by Kids Promotions Pty Ltd ABN 63 005 999 351 (“we”, “us” or “our”).
1.2 Terms of Use – These website terms of use (“Terms of Use”) apply to your use of this Website and govern the relationship between you and us in respect of all matters arising in connection with your use of this Website.
1.3 Incorporated terms and policies – These Terms of Use include our Privacy Policy and any other terms and conditions or policies which appear on this Website.
1.4 Tickets, merchandise and vouchers – You may use this Website to purchase tickets, merchandise and vouchers for an event or activity directly from the venue, promoter or other person (“Event Organiser”) responsible for organising the event or activity.
1.5 Compliance – When using this Website you must at all times comply with these Terms of Use, any directions given by us and all applicable laws.
1.6 Updates – You acknowledge and agree that we may update this Website at any time which may affect your ability to continue to access and use this Website.
2. Use of Material
2.1 Use of Material – You must only use the information, documents, files, text, logos, graphics, images, photographs, videos and other material (“Material”) available on this Website for your own purposes unless otherwise expressly stated on this Website.
2.2 Prohibited acts – You must not:
(i) copy, reproduce, adapt, modify, distribute, republish, resell, download, display, communicate or transmit in any form or by any means any Material without our prior written approval except to the extent expressly permitted by these Terms of Use;
(ii) interfere with or disrupt the use of this Website by any other user of this Website;
(iii) interfere with or breach any security or authentication measures of this Website;
(iv) use data mining, screen scraping or similar technologies to extract data from this Website without our prior written approval;
(v) use this Website to distribute any virus or other harmful code;
(vi) use this Website to engage in any fraudulent or illegal activity or any other activity that we determine in our sole discretion to be inappropriate or unsuitable;
(vii) use any Material for any commercial purpose without our prior written approval except to the extent expressly permitted by these Terms of Use;
(viii) use any Material for any purpose that may damage or adversely affect our business interests including, without limitation, for the purpose of operating a business which competes with our business; or
(ix) use this Website in any way that may damage or adversely affect our reputation or goodwill or the reputation or goodwill of any other user of this Website.
2.3 No representations – You acknowledge and agree that we do not give any representation or warranty in respect of any Material including, without limitation:
(i) that any Material is accurate, complete or current;
(ii) that the use of any Material will not infringe any third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; or
(iii) that the use of any Material will not breach any applicable law including, without, limitation, any applicable law of the country from which you access this Website.
2.4 Own risk – You acknowledge and agree that you use any Material solely at your own risk and that you are solely responsible for reviewing and verifying that any Material is accurate, complete and current before relying upon it.
3. User registration
3.1 Registering – You must register to be able to purchase any tickets, merchandise or gift vouchers available from this Website.
3.2 Personal information – You represent and warrant that all personal information which you provide to us for the purpose of registering to use or using this Website is accurate, complete and current.
3.3 Refusal – We reserve the right in our sole discretion to refuse to register you to use this Website for any reason including, without limitation, if you provide us with any personal information which is not accurate, complete and current.
3.4 Registration – By registering to use this Website:
(i) you represent and warrant that you are at least eighteen (18) years of age and capable of entering into a legally binding agreement with us;
(ii) you represent and warrant that your use of this Website will not breach any applicable law; and
(iii) you consent to receiving from us communications relating to your use of this Website and direct marketing communications.
3.5 Login security – You must:
(i) at all times keep secure your login details for this Website that we provide to you; and
(ii) immediately notify us if you suspect or become aware that another person has made or may make unauthorised use of your login details and immediately change your password.
3.6 Login use – You must not:
(i) knowingly allow another person to use your login details to access this Website; or
(ii) use another user’s login details to access this Website.
3.7 Notification – You must promptly notify us upon becoming aware that any personal information which you have provided to us when registering to use or using this Website is no longer accurate, complete and current.
3.8 Acknowledgments – You acknowledge and agree that:
(i) we are not responsible for any loss or damage that you suffer as a result of us or any third party relying upon any personal information which you have provided that is not accurate, complete and current;
(ii) we may disclose your personal information to the Event Organiser responsible for organising an event or activity in connection with your purchase of any tickets, merchandise or vouchers for the event or activity and that the Event Organiser may use your personal information to provide you with news and other information about events and activities that may be of interest to you;
(iii) you are solely responsible for all use made of this Website when a person uses your login details to access this Website;
(iv) we may cancel your registration to use this Website if you breach these Terms of Use, attempt to register more than once or do not login to use this Website for more than thirty (30) days after receiving a cancellation notice from us; and
(v) we may retain your personal information for our business functions and activities after you cease being a registered user of this Website for any reason.
4. Purchase of tickets, merchandise and vouchers
4.1 Agency – We make available on this Website tickets, merchandise and vouchers for events and activities for you to purchase as agent of the Event Organiser responsible for organising the event or activity.
4.2 Purchase terms – You may use this Website to purchase tickets, merchandise and vouchers for an event or activity directly from the Event Organiser subject to:
(i) these Terms of Use and the applicable terms and conditions of the Event Organiser;
(ii) any applicable requirements or restrictions notified by the Event Organiser at any time;
(iii) the right of the Event Organiser to vary, substitute or withdraw any tickets, merchandise or vouchers (including, without limitation, vary, substitute or withdraw any advertised programs, artists, venue or seating arrangements) at any time without notice; and
(iv) the right of the Event Organiser to cancel, reschedule or relocate the event or activity.
4.3 Conflicting terms – In the event of a conflict between these Terms of Use and the terms and conditions of an Event Organiser applicable to an event or activity then these Terms of Use will prevail to the extent of the inconsistency unless otherwise expressly stated on this Website.
4.4 Contract formation – You acknowledge and agree that when you use this Website to purchase any tickets, merchandise or vouchers from an Event Organiser for an event or activity:
(i) a contract will be formed directly between you and the Event Organiser;
(ii) you will be solely responsible for complying with and enforcing the terms and conditions of the contract between you and the Event Organiser; and
(iii) we will not be liable to you for any loss or damage which you suffer as a result of any act or omission of the Event Organiser in connection with the contract between you and the Event Organiser.
5. Prices and payment
5.1 Purchase price – The purchase price for any tickets, merchandise or vouchers listed on this Website is shown in Australian dollars and includes goods and services tax unless otherwise specified.
5.2 Price changes – You acknowledge and agree that we may in our sole discretion change the purchase price for any tickets, merchandise or vouchers listed on this Website at any time without notice.
5.3 Purchase orders – A purchase order which you place to purchase any tickets, merchandise or vouchers is only confirmed when we receive payment of the full purchase price, transaction fee and delivery charge (if applicable) for the tickets, merchandise or vouchers respectively.
5.4 Full payment – We will not issue or provide any tickets, merchandise or vouchers to you until we have received payment from you of the full purchase price, transaction fee and any delivery charges (if applicable) for the tickets, merchandise or vouchers respectively.
5.5 Declined payments – If the payment of the purchase price for any tickets, merchandise or vouchers using your nominated payment method is declined or refused for any reason then you agree to pay to us any costs that we incur as a result of the payment being declined or refused.
5.6 System errors – If a pricing or other system error occurs in connection with your purchase of any tickets, merchandise or vouchers then we may cancel your purchase order and provide you with the opportunity to repurchase the tickets, merchandise or vouchers where applicable.
5.7 Customer errors – If you purchase any tickets, merchandise or vouchers in error then we may charge you any costs which we incur in cancelling your purchase order including any chargeback or postage charges.
6. Collection and delivery of tickets, merchandise and vouchers
6.1 Timing – You acknowledge and agree that you must allow adequate time for the collection or delivery of tickets, merchandise and vouchers prior to attending an event or activity.
6.2 Collection – You acknowledge and agree that you must present any applicable concession or companion card when collecting any tickets, merchandise or vouchers.
6.3 Delivery risk – You agree to accept delivery of any tickets, merchandise or vouchers which you have purchased at your own risk.
6.4 Delivery dates – You acknowledge and agree that any delivery dates provided for the delivery of any tickets, merchandise or vouchers are estimates only and that we are not responsible for any delay in delivery.
6.5 Internet delivery – You acknowledge and agree that we are not responsible for any failure in the delivery to you over the Internet of any tickets or vouchers which you have purchased.
6.6 Non-receipt – If you do not receive any tickets, merchandise or vouchers which you have purchased then you should contact us immediately.
6.7 Security – You are responsible for protecting the security of any tickets or vouchers which you have purchased.
6.8 Loss, theft and unauthorised use – You acknowledge and agree that except to the extent required by law we are not responsible for any:
(i) lost or stolen tickets, merchandise or vouchers which you have purchased; or
(ii) unauthorised use of any tickets or vouchers which you have purchased.
7. Event entry
7.1 Entry requirements – In order to obtain entry to an event or activity for which you have purchased a ticket you must present a clearly legible and valid ticket (including any applicable concession or companion card used to purchase the ticket) to the Event Organiser (or their authorised representative) in any required form at the nominated time, date and place.
7.2 Entry refusal – Unless otherwise specified in the applicable terms and conditions of an Event Organiser, you may be refused entry to an event or activity without being entitled to any refund if:
(i) the authenticity or validity of your ticket is not able to be verified including, without limitation, where your ticket has been damaged or defaced;
(ii) you do not have sufficient or valid identification documents;
(iii) you are under 18 years of age and not accompanied by a parent, guardian or adult carer;
(iv) you arrive late but you will be permitted entry during a break in the event or activity;
(v) you are wearing inappropriate attire;
(vi) you appear to be intoxicated or affected by drugs;
(vii) you have in your possession any items prohibited by the Event Organiser;
(viii) you refuse to submit to any search of your person or possessions required for entry by the Event Organiser;
(ix) your mobile phone is not turned off or switched to silent where required by the Event Organiser;
(x) you are engaging in unsociable, reckless or dangerous behaviour as determined in the sole discretion of the Event Organiser (or their authorised representative);
(xi) you refuse to comply with any direction given to you by the Event Organiser (or their authorised representative); or
(xii) you do not comply with the applicable terms and conditions of the Event Organiser; or
(xiii) the Event Organiser (or their authorised representative) otherwise determines in their sole discretion that they have reasonable grounds to refuse you entry to the event or activity.
7.3 Removal – Unless otherwise specified in the applicable terms and conditions of an Event Organiser, you may be removed from an event or activity where:
(i) you appear to be intoxicated or affected by drugs;
(ii) you have in your possession any items prohibited by the Event Organiser;
(iii) your mobile phone is not turned off or switched to silent during the event or activity where required by the Event Organiser;
(iv) you use or attempt to use any camera or other photographic or recording device without the permission of the Event Organiser (or their authorised representative);
(v) you are engaging in unsociable, reckless or dangerous behaviour as determined in the sole discretion of the Event Organiser (or their authorised representative);
(vi) you refuse to comply with any direction given to you by the Event Organiser (or their authorised representative);
(vii) you do not comply with the applicable terms and conditions of the Event Organiser; or
(viii) the Event Organiser (or their authorised representative) otherwise determines in their sole discretion that they have reasonable grounds to remove you from the event or activity.
8. Redemption of vouchers
8.1 Redemption requirements – In order to redeem a voucher for an event or activity which you have purchased you must present a clearly legible and valid voucher (including any applicable concession or companion card used to purchase the voucher) to the Event Organiser (or their authorised representative) in any required form.
8.2 Redemption refusal – An Event Organiser may refuse to redeem a voucher which you have purchased for an event or activity without providing you with any refund if the authenticity or validity of your voucher is not able to be verified including, without limitation, where your voucher has been damaged or defaced.
8.3 Acknowledgement – You acknowledge and agree that the Event Organiser from which you have purchased a voucher is solely responsible for fulfilling the voucher.
9. Transfers, replacements, extensions, variations, exchanges, cancellations and refunds
9.1 Eligibility – We are only able to transfer, replace, extend, vary, exchange, cancel or provide a refund for any ticket, merchandise or voucher for an event or activity which you have purchased if this is permitted by the applicable terms and conditions of the Event Organiser or otherwise required by the Australian Consumer Law and you make payment of any applicable charges.
9.2 Change of mind – You acknowledge and agree that you will not be entitled to a refund for any ticket, merchandise or voucher which you have purchased for an event or activity if you change your mind unless otherwise specified in the applicable terms and conditions of the Event Organiser.
9.3 Replacement tickets – You acknowledge and agree that a replacement ticket will not be able to be provided for an event or activity unless a reasonable time prior to the event or activity you provide us with proof of purchase of a valid ticket.
9.4 Cancelled, rescheduled and relocated events – If an event or activity is cancelled, rescheduled or significantly relocated by an Event Organiser then you will be offered a refund or exchange for your ticket to the event or activity where specified in the applicable terms and conditions of the Event Organiser or required by Australian Consumer Law subject to providing proof of purchase of a valid ticket.
9.5 Responsibility – You acknowledge and agree that we are not responsible for any loss, damage, cost, charge or expense directly or indirectly arising out of, or in connection with, any failure or refusal by an Event Organiser to transfer, replace, extend, vary, exchange, cancel or provide a refund for any ticket, merchandise or voucher which you have purchased.
10. Intellectual property rights
10.1 Ownership – All copyright, trade mark and other intellectual property rights in this Website are owned or licensed by us.
10.2 “Kids Promotions” – You agree not to copy or otherwise use “Kids Promotions” or any of its related images or logos without our prior written approval unless otherwise expressly specified on this Website.
10.3 Assignment – You hereby assign to us title and all intellectual property rights in all suggestions, ideas and feedback that you provide to us in relation to this Website.
11. Third party websites
11.1 Third party material – You acknowledge and agree that we have no responsibility for any material available on any third party website linked to from this Website.
11.2 Own risk – You acknowledge and agree that you use any third party website linked to from this Website solely at your own risk and subject to the terms of use of the third party website.
12. Website links
12.1 In-bound links – You may link to this Website provided that the link accurately indicates that it is to our website and we have not requested you to remove the link.
12.2 Link removal – You acknowledge and agree that we may in our sole discretion determine that any link to this Website is misleading or otherwise inappropriate and request you to remove the link.
12.3 Indemnity – If you do not immediately comply with a request by us to remove a link to this Website then you agree to indemnify us against any and all costs, charges and expenses (including, without limitation, legal costs on a full indemnity basis) that we incur in having the link removed.
13. Disclaimer
13.1 Acknowledgement – You acknowledge and agree that this Website is provided on an “as is” and “as available” basis.
13.2 No representations – We do not give any representation or warranty that:
(i) this Website will be available at any time;
(ii) this Website will be free from viruses or other harmful code; or
(iii) your use of this Website will be error-free or uninterrupted.
13.3 Own risk – You provide us with information over the Internet solely at your own risk as the security of such information cannot be guaranteed.
14. Implied terms
14.1 Excluded terms – To the full extent permitted by the Australian Consumer Law and any other law, any condition, representation or warranty which would otherwise be implied (whether by law or otherwise) in these Terms of Use is expressly excluded.
14.2 Non-excludable terms – Where any condition, warranty or representation is implied (whether by law or otherwise) in these Terms of Use which cannot lawfully be excluded then our liability for any breach of such condition, warranty or representation will be limited to supplying the goods or services again, paying the cost of supplying the goods or services again, or otherwise to the full extent permitted by the Australian Consumer Law or any other law.
15. Liability and indemnity
15.1 Liability – Except to the extent required by the Australian Consumer Law or any other law, we will have no liability (whether in contract, in tort, under statute or in any other way and whether due to negligence or any other cause) to you for or in respect of any and all losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever (including, without limitation, consequential, special or indirect losses, damages, costs, charges, expenses or liabilities) arising out of, or in connection with this Website (including, without limitation, any Material available on this Website or any ticket, merchandise or voucher purchased using this Website).
15.2 Indemnity – To the full extent permitted by law you irrevocably and unconditionally agree to indemnify and release us from any and all claims, actions, demands, proceedings, losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever (including, without limitation, legal costs on a full indemnity basis) directly or indirectly arising out of, or in connection with any breach by you of these Terms of Use or your use or attempted use of this Website or any ticket, merchandise or voucher purchased using this Website.
16. Force majeure
You acknowledge and agree that we will not be liable to you for any failure or delay in performing any obligation under these Terms of Use due to any circumstances beyond our reasonable control including, without limitation, equipment failure, network failure, power failure, supplier failure, third party actions (including the actions of another user of this Website), government actions, acts of God, natural disasters, acts of war, cyber-attacks, riots and strikes.
17. Parties’ disputes
17.1 Resolution – Each party agrees to use its best endeavours to resolve in good faith any dispute which arises in connection with these Terms of Use in accordance with the following dispute resolution procedures.
17.2 Notice – If a party claims that a dispute has arisen between the parties in connection with these Terms of Use then the party must give notice of the dispute to the other party with details of the nature of the dispute, the desired resolution of the dispute and the action required to settle the dispute.
17.3 Best endeavours – If a party gives or receives notice of a dispute which has arisen in connection with these Terms of Use then the parties to the dispute must use their best endeavours to resolve the dispute within fourteen (14) days (unless another period is agreed in writing between the parties) of the dispute notice being received by the recipient.
17.4 Mediation – If the parties are unable to resolve a dispute which has arisen in connection with these Terms of Use within fourteen (14) days (unless another period is agreed in writing between the parties) of the dispute notice being received by the recipient then the parties may agree to submit the dispute to mediation which must be conducted in accordance with, and subject to, the Resolution Institute Mediation Rules by a mediator agreed by the parties or, failing agreement, appointed by the Chair of Resolution Institute, (ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, email: infoaus@resolution.institute) (“Resolution Institute”).
17.5 Arbitration – If a dispute is not able to be resolved by mediation or the parties do not agree to submit a dispute to mediation within twenty-eight (28) days (unless another period is agreed in writing between the parties) of the dispute notice being received by the recipient then the dispute shall be submitted to arbitration which must be conducted in accordance with, and subject to, the Resolution Institute Arbitration Rules by an arbitrator agreed by the parties or, failing agreement, appointed by the Chair of Resolution Institute.
17.6 Confidentiality – Each party agrees not to disclose to any third party any information relating to a dispute which arises in connection with these Terms of Use, or the mediation or arbitration of any such dispute, without the prior written consent of the other party except where the disclosure is necessary for the purpose of the mediation or arbitration of the dispute or required by law respectively.
17.7 Individual actions – To the extent permitted by law, you must only seek to resolve any dispute which arises in connection with these Terms of Use on an individual basis in accordance with these dispute resolution procedures and not as a member of any class or representative action.
18. Termination and suspension
18.1 Breach of Terms of Use – You acknowledge and agree that if you breach any of these Terms of Use then we may in our sole discretion do any one or more of the following:
(i) terminate, suspend or restrict your use of this Website including, without limitation, cancelling your user registration for this Website;
(ii) terminate these Terms of Use; and
(iii) institute legal proceedings to recover from you any loss or damage that we suffer as a result of your breach of these Terms of Use.
18.2 Other rights and remedies – You acknowledge and agree that any termination, suspension or restriction of your use of this Website (including, without limitation, any cancellation of your user registration for this Website) will not affect any of our other rights or remedies under these Terms of Use.
18.3 Survival – If these Terms of Use are terminated for any reason then the provisions of these Terms of Use which are capable of having effect after such termination will survive and remain in full force and effect following such termination.
18.4 Accrued rights – The termination of these Terms of Use for any reason does not extinguish or otherwise affect any previously accrued rights or remedies under these Terms of Use.
19. Notices
19.1 Website – We may give you notice under these Terms of Use by posting a notice on a page of this Website which is accessible to you.
19.2 Registered user – If you are a registered user then we may also give you notice under these Terms of Use by email, post or personal delivery to any email or postal address respectively which you have provided to us.
19.3 Notice receipt – A notice given under these Terms of Use is taken to be received:
(i) if posted on this Website – immediately on posting;
(ii) if sent by email – on the day of sending if sent on a business day otherwise on the next business day unless the sender receives a delivery failure notification;
(iii) if sent by post – three (3) business days after the date of posting; and
(iv) if hand delivered – on the day of delivery if delivered on a business day otherwise on the next business day.
20. Entire agreement and amendments
20.1 Entire agreement – These Terms of Use constitute the entire agreement between you and us in connection with their subject matter.
20.2 Amendment – We may in our sole discretion amend these Terms of Use at any time by publishing amended Terms of Use on this Website.
20.3 Acceptance – By continuing to use this Website after amended Terms of Use have been published on it you accept and agree to be bound by such amended Terms of Use.
20.4 Review – You are responsible for regularly reviewing the most recent version of these Terms of Use available on this Website.
21. Further acts and approvals
21.1 Further acts – You agree, at your own cost, to do everything necessary (including, without limitation, executing documents) to give full effect to these Terms of Use.
21.2 Approvals – You acknowledge and agree that we may in our sole discretion give conditionally or unconditionally or withhold any approval or consent under these Terms of Use.
22. Assignment and transfer
22.1 Assignment prohibition – You must not assign or otherwise transfer any of your rights or obligations under these Terms of Use without our prior written approval.
22.2 Business sale – We may at any time by notifying you assign or otherwise transfer our rights and obligations under these Terms of Use to a purchaser of all or part of this Website or our business and provide to the purchaser any or all Material which you have provided to us in connection with this Website including personal information.
22.3 Business restructure – We may at any time by notifying you assign or otherwise transfer our rights and obligations under these Terms of Use to an entity which acquires all or part of this Website or our business as a result of a business restructure and provide to the entity any or all Material which you have provided to us in connection with this Website including personal information.
23. Waiver and severability
23.1 Waiver – Any failure by us to exercise any right or remedy under these Terms of Use will not constitute a waiver of that right or remedy or any other right or remedy.
23.2 Severability – If any provision of these Terms of Use is invalid or unenforceable then such provision will be severed without affecting the validity of the remaining provisions.
24. Relationship and representation
24.1 Relationship – You acknowledge and agree that these Terms of Use do not create a relationship of employment, agency or partnership between the parties.
24.2 Representation – You must not represent yourself as being an officer, employee, agent or partner of ours or as otherwise able to bind or represent us in any way.
25. Governing law and jurisdiction
25.1 Governing law – These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia.
25.2 Jurisdiction – In the event that a dispute arises in connection with these Terms of Use which is not able to be resolved in accordance with the dispute resolutions provisions contained in these Terms of Use for any reason then the courts of the State of Victoria, Australia will have exclusive jurisdiction in respect of the dispute.
These Terms of Use are effective as of 5 February 2023
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