TERMS AND CONDITIONS www.fringeworld.com.au www.fringefund.org Page 1 of 19
Introduction FRINGE WORLD Festival is an initiative of ARTRAGE. ARTRAGE is the incorporated body that enforces the following Terms and Conditions. All terms and conditions relate solely to the FRINGE WORLD 2017 festival. ARTRAGE may vary these Terms and Conditions at any time. Any variations become effective on posting. By making a purchase after the terms and conditions have been varied, you agree to be bound by the variation. Please read these Terms and Conditions carefully before confirming your purchase. By making a purchase you agree to the following Terms and Conditions. Please read these Terms and Conditions in conjunction with our Privacy Policy. FRINGE WORLD FESTIVAL 89 Milligan St, Northbridge WA 6003 Phone: 61 8 9227 6288 hello@fringeworld.com.au www.fringeworld.com.au www.fringefund.org ABN: 90 649 491 963 Purchases Payment Options FRINGE WORLD Festival accepts the following cards for online transactions: Visa Mastercard We do not accept AMEX or Diners Club Cards. Debit/credit Card processing facilities are in the name of ARTRAGE. Please be advised that your credit card statement will show ARTRAGE NORTHBRIDGE AUS as the recipient of the payment for this purchase. Page 2 of 19
When entering Customer Details during the Online Checkout process, if you tick the I require email confirmation of order checkbox, then an order confirmation / tax invoice will be emailed to you following the completion of your payment transaction(s). Purchasers will need to ensure that they supply a current, working email address to receive these emails. Transaction Fees Payments made online at fringeworld.com.au or at a FRINGE WORLD box office using a credit/debit card will attract a card processing fee of $2.00 per transaction including GST. Gift Vouchers The following terms and conditions apply to all FRINGE WORLD Gift Vouchers purchased via fringeworld.com.au or at a FRINGE WORLD box office: FRINGE WORLD Gift Voucher denominations are in Australian Dollars. FRINGE WORLD Gift Vouchers are not redeemable for cash either in whole or part of the voucher value. FRINGE WORLD Gift Vouchers are valid for FRINGE WORLD ticket purchases (subject to availability). Terms and Conditions for FRINGE WORLD tickets apply to all purchases made using a FRINGE WORLD Gift Vouchers. FRINGE WORLD Gift Vouchers are able to be purchased online and sent to purchasers up to midnight 27 January 2017. After this date hard copy FRINGE WORLD Gift Vouchers will only be available to purchase in person at a FRINGE WORLD Box Office up to midnight Sunday 12 February 2017 (AWST). Digital FRINGE WORLD Gift Vouchers will also be available to purchase on-line up to midnight Sunday 12 February 2017 FRINGE WORLD Gift Vouchers are valid for ticket purchases from the date of issue up to Sunday 19 February 2017. Balances remaining on gift vouchers after this expiry date will be forfeited and are not further redeemable. Page 3 of 19
FRINGE WORLD Gift Vouchers can be redeemed online at fringeworld.com.au or in person at any FRINGE WORLD Box Office. Purchases are subject to relevant booking and transaction fees associated with FRINGE WORLD ticket purchases. FRINGE WORLD Gift Vouchers cannot be used to purchase tickets for sale at the venue (door sales). FRINGE WORLD Gift Vouchers can be used as part payment for FRINGE WORLD tickets. The outstanding difference between the gift voucher value and purchase amount must be paid at the time of booking with a valid credit/debit card, another FRINGE WORLD Gift Voucher, or cash (if purchasing in person). Where the total value of a Gift Voucher is not redeemed in one transaction, remaining funds will be carried over and may be used toward another purchase prior to the gift voucher expiry date 19 February 2017. Please quote the gift voucher number printed on the physical FRINGE WORLD Gift Voucher and your voucher password (chosen at the time of purchase) whenever using or discussing your gift voucher with a FRINGE WORLD Box Office staff member. If you lose your voucher password, contact Box Office at info@fringeworld.com.au. Please note if you did not purchase the gift voucher, the purchaser of the gift voucher will need to contact FRINGE WORLD to obtain the password. FRINGE WORLD does not accept any responsibility for lost or stolen FRINGE WORLD Gift Vouchers. However, gift vouchers can be reissued upon supply of the gift voucher number and voucher password. FRINGE WORLD reserves the right to charge an administration fee for reissued gift vouchers. Please note if you did not purchase the gift voucher, the purchaser of the gift voucher will need to contact FRINGE WORLD to obtain a replacement gift voucher. Ticket Purchases All ticket prices and other charges are subject to change without notice. All ticket prices are in Australian dollars and include GST where applicable. Tickets are sold through www.fringeworld.com.au and the FRINGE WORLD Box Offices Page 4 of 19
on behalf of the organisation and/or artists responsible for presenting the event. Tickets sold are subject to the conditions applicable to that event and/or the venue where presented. FRINGE WORLD can only assist with tickets purchased through www.fringeworld.com.au or at a FRINGE WORLD Box Office. Where tickets have been purchased through an alternative Ticketing Agency, all contact should be directed to that agency. FRINGE WORLD collects your personal information in case of an event cancellation or change. If you fail to supply sufficient and appropriate contact information, FRINGE WORLD is not responsible for failure to notify you. Cash purchases of tickets can be made in person at all FRINGE WORLD Festival Box Offices (as listed in the Program Guide and online at http://www.fringeworld.com.au/. In some circumstances, FRINGE WORLD venues may offer cash sales at the door of the venue prior to an event start time, subject to availability. Visit fringeworld.com.au for venue information. Where concessions are applicable, suitable and valid identification must be provided for collection of tickets and at the venue. Page 5 of 19
Discounted Tickets FRINGE WORLD and/or the promoter reserves the right to offer discount or promotional tickets throughout the Festival. Only one valid discount can be applied per transaction. Purchases made at the full ticket price cannot be changed for the discounted price under any circumstances. RushTix discounted tickets for FRINGE WORLD events may be available across the duration of the festival (20 January to 19 February). RushTix are available for purchase via www.fringeworld.com.au or from a FRINGE WORLD Box Office from 11am daily until one hour before the event start time, unless sold out prior. Where a promotional code is required for discounted tickets, this must be applied at time of purchase. Ticket Pickup / Delivery All ticket buyers will be given a range of pickup and delivery options when purchasing their tickets from www.fringeworld.com.au. When booking from fringeworld.com.au more than ten (10) business days prior to the event, you can choose to either have your tickets mailed to you or collect them from a FRINGE WORLD box office (http://www.fringeworld.com.au/ticketing). When booking from www.fringeworld.com.au within ten (10) business days of the event, your ticket collection method will default to collection from a FRINGE WORLD box office and/or collection from the venue. Tickets cannot be mailed out. If collecting your tickets from a FRINGE WORLD box office, please arrive at the box office at least 30 minutes prior to the event start time. FRINGE WORLD are not responsible for any failure to attend an event on time due to delays in ticket collection. FRINGE WORLD box office locations and opening hours can be found here: http://www.fringeworld.com.au/ticketing For events outside the FRINGE at Cathedral Square, FRINGE Central at The Perth Cultural Centre and The Pleasure Garden, you will be able to pick up your ticket(s) from the Page 6 of 19
venue's Box Office from 60 minutes of the show start time exact times may vary from venue to venue. Check your Order Confirmation and/or with the venue for more information. Photo ID and/or the credit card used to process the purchase must be presented by the original ticket purchaser at point of collection. Ticketing Fees Tickets purchased from www.fringeworld.com.au or from a FRINGE WORLD box office attract a booking fee of $1 per ticket. Please read above regarding our credit/debit card processing fee. GST All tickets priced under $70.00 are GST free, unless otherwise stated. All tickets priced $70.00 and over are GST inclusive, unless otherwise stated otherwise. Where tickets are priced and sold as a package, the above applies to the average per ticket price. Ticket Resale Tickets may not, without prior written consent from FRINGE WORLD, be resold at a premium, offered as a prize or used for advertising or other promotional use. Ticketing Exchanges and Refunds Without limiting your statutory rights under Australian Consumer Law, there is no right of refund or exchange on tickets. Before purchasing tickets, carefully review the event and seat selection details (where applicable). A change in personal circumstances or a change of mind does not entitle the ticket holder to a return or exchange on a ticket. If tickets have been purchased through an alternate Ticketing agency, the Page 7 of 19
customer should contact that Ticketing agency for their Refunds and Exchange policy. In the event of a show, event or session cancellation, FRINGE WORLD will provide a refund of the ticket price paid to tickets holders. FRINGE WORLD will credit your original method of payment. Please see our Cancellation Policy below. FRINGE WORLD and/or the Presenter reserve the right to add, withdraw or substitute artists or vary advertised events, ticket prices, audience capacities or seating arrangements and make other variations as required. FRINGE WORLD reserves the right not to refund lost or stolen tickets. FRINGE WORLD reserves the right not to offer a refund or exchange where a valid receipt is not presented. FRINGE WORLD reserves the right to, without refund, refuse admission to, or eject, any person whose conduct is deemed to be disorderly, who uses vulgar or abusive language, or who otherwise fails to comply with FRINGE WORLD's or the Venue's terms and conditions. Please refer to the Venue Conditions section below for more info. Should entry be declined, FRINGE WORLD will not provide a refund for the purchase of tickets. Late arrival to an event may result in non-admittance. In limited circumstances late arrivals may be permitted when there is a suitable break in the performance. Should entry be declined, FRINGE WORLD will not provide a refund for the purchase of tickets. Exchange Policy A processing fee of $4 per ticket will be charged for exchanges. Page 8 of 19
A ticket can only be exchanged for the same ticket type for the same show and is subject to availability. In the event when an upgrade to a higher ticket type is approved, you will be required to pay the difference in price. Requests for exchanges must be made a minimum of 3 business days before show start time. It is your responsibility to contact FRINGE WORLD if you have not received confirmation of the exchange. If the tickets to be exchanged have been mailed to you and/or are in your possession, these tickets must be returned to a FRINGE WORLD Box Office before an exchange can be processed. This return must be completed at least 3 business days prior to the show start time. Tickets can only be exchanged at the following box office locations: FRINGE Central at The Perth Cultural Centre, The Pleasure Garden and FRINGE at Cathedral Square. Please see www.fringeworld.com.au for full opening hours and locations. If the tickets have not yet been posted to you then we will send you the new tickets, except where the exchange is for an event occurring within the next 10 days. Tickets for these events will need to be collected from a box office and cannot be posted. Any loss of postage fees paid due to ticket exchanges will not be reimbursed. Cancellation Policy If a show, event or session is cancelled no obligation is assumed by FRINGE WORLD for arranging a substitute event. In the event of a cancellation, FRINGE WORLD will undertake reasonable measures to notify ticket holders of the cancellation and will provide refunds of the ticket price paid to ticket holders. Purchasers are required to supply correct and current contact details in Page 9 of 19
case of cancellation. Lost Ticket Policy FRINGE WORLD reserves the right to not replace tickets for events where seating is not allocated (general admission). When allocated seating tickets (reserved seating) are lost or stolen, the customer must produce proof of their original purchase. If you have requested postal delivery of your tickets and have not received your tickets: Tickets sent by Standard Post Tickets sent by standard mail cannot be traced and no responsibility will be accepted by FRINGE WORLD for tickets delivered by this method. To safeguard your tickets, we recommend selecting from the Registered Post or FRINGE WORLD Box Office Pickup options available. Tickets sent by Registered Post Tickets sent by registered mail can be tracked online via www.auspost.com.au. When collecting tickets sent by Registered Post from a Post Office, a signature and identification will be required. Replacement of tickets lost when sent by registered mail is subject to certain conditions. Please call (08) 9227 6288 and follow the prompts to speak with our Box Office team to ascertain if your tickets are replaceable. Replacement of lost tickets is subject to approval by the Presenter of the event in question. Where approval is granted, replacement tickets cannot be reissued prior to the Page 10 of 19
event. On the day/night of the performance, Box Office and Front of House staff will assist your entry. Venue Conditions Standard Conditions of Entry These conditions apply to event venues as well as festival grounds (including but not limited to the FRINGE at Cathedral Square, FRINGE Central at the Perth Cultural Centre, FRINGE WORLD Orchard and The Pleasure Garden) Admission to an event is at the discretion of FRINGE WORLD or venue management. FRINGE WORLD and venue management reserve the right to refuse admission to, or eject, any person whose conduct is deemed to be disorderly, who uses vulgar or abusive language, or who otherwise fails to comply with FRINGE WORLD s or the venue's Terms and Conditions. FRINGE WORLD may impose additional conditions in relation to entry to or attendance of a particular event. Under 18's are welcome to licensed areas but must be accompanied and supervised by a responsible adult and the decision to allow entry is entirely at the discretion of the Licensee. Entry to performance areas is also subject to the event rating. For licensed venues, patrons must be over the age of 18 and must show valid photo ID as defined by the Government of Western Australia s Department of Racing, Gaming and Liquor Policy regarding Proof of Age to gain entry. Check the list of acceptable forms of ID here: http://www.rgl.wa.gov.au/docs/default-source/rgl/proof_of_age.pdf It may be a condition of entry to particular events that a search of person and/or possessions is required at the time of the entry to the venue. Some venues have no alcohol and/or non-smoking restrictions. Page 11 of 19
No drugs, weapons, food, glass containers, specified prohibited items or lasers may be taken into a venue. You must not engage in offensive or inappropriate behaviour at an event, including but not limited to wearing or otherwise displaying any commercial, political or religious signage or logos that may reasonably cause offense. Entry may be refused if tickets are damaged or defaced in any way. Latecomers may not be admitted. If you arrive late for an event for which you have purchased tickets, you may not be guaranteed entry. It is your responsibility to arrive at an event before or at the advertised start time. No refunds will be granted for refusal of entry to an event due to late arrival on the part of the customer. No audio or video recorders (including mobile phones) may be used without the prior written permission of FRINGE WORLD. A breach of this condition may lead to the confiscation of all equipment and removal of the patron from the venue. FRINGE WORLD reserves the right to video, photograph, broadcast or telecast the event. By purchasing a ticket, you grant permission to FRINGE WORLD to utilise your image, likeness, actions and statements in any live or recorded audio, video, or photographic display made of, or at, the event in any medium or context without further authorisation or compensation. FRINGE WORLD takes no responsibility for loss or damage to personal property. Without prejudice to any other rights which FRINGE WORLD may have, if you contravene any of these Terms or Conditions, you may: o o be refused entry to, or removed from, the venue; have your ticket confiscated and/or cancelled without refund or recompense; and o be disqualified from purchasing tickets for or entering in to other events. In the event that you are refused entry to an event for any reason in accordance with these conditions of entry, no refund will be given. Page 12 of 19
Limitation of Liability To the extent permitted by law, FRINGE WORLD shall have no liability to you beyond the face value of the ticket purchased plus booking fees (where applicable). FRINGE WORLD shall not be liable for any loss of enjoyment or wasted expenditure. Personal arrangements including travel, subsistence and accommodation relating to the event that have been arranged by you are undertaken at your own risk. FRINGE WORLD takes no responsibility for loss or damage to personal property at the event. Injury at Events To the extent permitted by law, FRINGE WORLD disclaims all liability for any injuries caused at events. Although reasonable measures are taken by FRINGE WORLD to protect audience members, injury can occur. If injured or distressed, immediately ask an usher for assistance or directions to a medical station or contact emergency services. By purchasing a ticket, you acknowledge and accept these Terms and Conditions in your personal capacity and on behalf of any accompanying minor. FRINGE WORLD Friends FRINGE WORLD Friends subscription fee is $25 (Inc. GST*) FRINGE WORLD Friends subscription is valid from the date of purchase until 19 February 2017. FRINGE WORLD Friends subscription is non-transferable and applicable to the individual that purchased the subscription only. FRINGE WORLD Friends subscription is non-refundable. Page 13 of 19
Benefits of the FRINGE WORLD Friends program are reviewed annually at the discretion of FRINGE WORLD, and are subject to change. The allocation of tickets available through the FRINGE WORLD Friends 2-for-1 ticket offer is limited and are subject to availability. The Friends 2-for-1 ticket offer is only valid for purchase before the Festival opens on 20 January 2017. Exclusions may apply. FRINGE WORLD Friends 2-for-1 ticket offer is only available on selected shows, and ticket limits are at the individual event, artist or production company s discretion. It may be possible to still purchase tickets for a show s performance at full price even though the 2-for-1 ticket offer allocation has sold out. To purchase 2-for-1 tickets at the Fringe Box Office and on the website you must give the email address associated to your FRINGE WORLD Friends account and the promo code for the 2-for-1 ticket. Our standard terms and conditions and the FRINGE WORLD Ticketing Exchange and Refunds policy listed above applies to 2-for-1 tickets. We will aim to have the FRINGE WORLD Festival Guide delivered to you on or before the Festival program launch day (8 December 2016) if you have signed up at least five working days prior to the launch, unless otherwise specified. However, factors outside our control, such as delays in the mail, may result in later delivery. Friends residing outside of Western Australia will receive the FRINGE WORLD Festival Guide as close to the program launch day as possible. The number and type of event(s) with ticket(s) available for early release to Friends prior to the Festival program launch day (8 December 2016) is at the discretion of FRINGE WORLD Festival and subject to change. There is a limit of one (1) Skip the Line Pass per FRINGE WORLD Friends subscription. The Skip the Line Pass is only valid for ticketed events with unallocated seating located in the following performance areas: venues at The Pleasure Garden, FRINGE WORLD venues at The Cathedral Square and Circus Theatre, De Parel Spiegeltent, The Gold Digger and The Shambles located in The Perth Cultural Page 14 of 19
Centre. FRINGE WORLD reserves the right to make exclusions to this policy without prior notice. The Skip the Line Pass is valid for the bearer plus one (1) guest for one (1) time use only. If the bearer or guest is under the age of 18 please note our standard under 18 policy applies. Under 18's are welcome to licensed areas but must be accompanied and supervised by a responsible adult and the decision to allow entry is entirely at the discretion of the licensee. Entry to performance areas is also subject to the event rating. The Skip the Line Pass is not redeemable for cash and a lost or stolen Pass will not be replaced. There is a limit of one (1) FRINGE WORLD Friends lapel pin per subscription. Lost or stolen pins will not be replaced. FRINGE WORLD reserves the right to make alterations to the Friends program and its benefits from time to time and without prior notice. Please contact friends@fringeworld.com.au or phone 08 9227 6288 for assistance with your FRINGE WORLD Friends account. FRINGE WORLD Friends reviews FRINGE WORLD Friends reviews must comply with the following guidelines: Keep to the character limit of 140 characters. We have limited space on the event page for reviews so you ll need to be short and sharp with your comments Include the key information that you think will assist the reader with deciding whether the event is right for them. Don t give away any show spoilers or sensitive plot information. To make your opinion as valuable as possible to other Friends, make sure you have seen the event at the 2017 FRINGE WORLD Festival before submitting your review. Be respectful and please avoid the following: o Inappropriate language. Please do not use profanities or terms of abuse, or make discriminatory slurs, or prejudiced, libellous or unlawful Page 15 of 19
comments. o Non-original material. Please do not post quotes, links or text that you have not written. o Reviews that do not comply with our review guidelines. FRINGE WORLD will not edit words or phrases, therefore, any review containing any unacceptable elements will not appear on the site. The final decision regarding whether a review is posted is at the discretion of FRINGE WORLD Festival. By submitting a review to FRINGE WORLD through the Friends Review Portal you accept, and agree to abide by, all of the terms and conditions set out herein and represent and warrant that: you are the sole author and owner of the intellectual property rights contained therein; all "moral rights" that you may have in such review have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Review that you submit, or any derivative works of or upgrades or updates thereto; the Review that you post is relevant and accurate (where it states facts) and genuinely held (where it states opinion); you understand you are participating in a public forum and that your Review will be available to others; you are at least 16 years old, and if you are a minor, that you have obtained the consent of your parent or legal guardian to submit the Review and agree to these Terms of Use; and use of the Review you supply does not violate these Terms of Use and will not cause any damage, loss or injury to anyone. You further represent and warrant that you shall not submit any Review: that is known by you to be false, inaccurate or misleading; that infringes any third party's copyright, patent, trademark, trade secret or other Page 16 of 19
proprietary rights or rights of publicity or privacy; that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, obscene, defamatory, libelous, hateful, racially or religiously biased, offensive, unlawfully threatening or unlawfully harassing to anyone; for which you were compensated or granted any consideration by any third party; that is likely to harass, upset, embarrass, alarm or annoy any other person; that impersonates any person, or misrepresents your identity or affiliation with any person; that includes any information that references other websites, addresses, email addresses, contact information, phone numbers or other personally identifiable information in respect of any individual; or that contains any computer viruses, worms or other potentially damaging computer programs or files. FRINGE WORLD will not accept a Review from you unless you are a registered user of our website. You agree to indemnify and hold FRINGE WORLD (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Artrage Inc.), harmless from all claims, demands, costs and damages of every kind and nature, known and unknown including legal fees, arising out of a breach of these Terms of Use, a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. For any review that you submit, you grant FRINGE WORLD a perpetual, irrevocable, royalty-free, transferable and sub-licensable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Review and/or incorporate such Review into any form, medium or technology throughout the world without compensation to you or anyone else. This Page 17 of 19
license will survive the termination of these Terms of Use and your use of the FRINGE WORLD website. To the extent permitted by law, FRINGE WORLD (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Review including, without limitation any liability for loss of revenue, loss or interruption of business or loss of data. FRINGE WORLD expressly excludes liability for any loss or damage arising from the use of any Review submissions or the Friends Review Portal by any person in contravention of these Terms of Use. Any Review that you submit is not confidential and may be used by or on behalf of FRINGE WORLD, in any manner, form, medium or technology, at FRINGE WORLD s sole discretion. FRINGE WORLD may or may not pre-screen reviews. However, FRINGE WORLD and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any review on and of the FRINGE WORLD websites (including, without limitation, the Review) that FRINGE WORLD deems, in its sole discretion, to violate its review guidelines or any other provision of these Terms of Use, or is otherwise objectionable. FRINGE WORLD will try to publish as many Review submissions as possible but it does not guarantee that all Review submissions will be published. FRINGE WORLD does not guarantee that you will be able through FRINGE WORLD to edit or delete any Review you have submitted. Ratings and written comments (based on your Review) are generally posted within two to four business days, but this is only an estimate and FRINGE WORLD cannot guarantee how quickly a Review will be posted. However, FRINGE WORLD reserves the right to edit, remove or to refuse to post any submission of the Review or part thereof for any reason. You acknowledge that you, not FRINGE WORLD, are solely responsible for the content of the submitted Review (whether edited by FRINGE WORLD or not). None of the Reviews that you submit shall be subject to any obligation of confidence or other restriction on use and publication on the part of FRINGE WORLD, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees and Page 18 of 19
FRINGE WORLD and such parties shall have full and unimpeded authority and ability to publish, communicate, use and disseminate the Review as contemplated by these Terms of Use. Although Review may be moderated by FRINGE WORLD, it is under no obligation to anyone to oversee, monitor or moderate same and it may stop moderating at any time. FRINGE WORLD may revise these Terms of Use at any time. You are expected to check this page from time to time to take notice of any changes made, as they are legally binding on you. Any Review submitted to FRINGE WORLD as part of the Friends Review Portal may be used and published by FRINGE WORLD on the FRINGE WORLD website. Law and Jurisdiction The provisions of these Terms and Conditions are governed by the laws of Western Australia. Privacy Policy The FRINGE WORLD Privacy Policy is incorporated into these Terms and Conditions and applies to all sales, and can be found here: www.fringeworld.com.au/privacy_policy/ Support and Further Information If you require further assistance, please email hello@fringeworld.com.au. ENDS Page 19 of 19