TERMS & CONDITIONS OF SALE & ENTRY TO OUR EVENTS
APPLICATION OF TERMS AND CONDITIONS
These terms and conditions apply to the sale of tickets (“Tickets”) and admission to Hardware related shows including but not limited to Tell No Tales, Apres, Elrow, Pure, Piknic Electronik, Babylon In The Park, Istoria, Altitude, Transmission, Dreamstate, Hot Sauce, Mobile Disco, Symbiotic shows and more. These events are held across Australia (jointly and severally the “Event”) and are being promoted and operated by Hardware Corporation Pty Ltd (ABN 22 336 864 673), Pure Music Co Pty Ltd (ABN 40 845 150 808), Babylon Festival Co Pty Ltd (ABN 57 255 689 767) and Symbiotic Events Pty Ltd (ABN 38 634 462 801) (jointly and severally “we” “us” or “Promoter”).
These terms and conditions must be read in conjunction with additional information found on the Promoter”s websites at www.babylon.net.au, www.symbiotic.net.au, www.purecarlcox.com.au, www.tellnotales.com.au, hardwaregroup.com.au and others (“Website”), statements and directives found on Tickets to the Event and signage at the Event Site (collectively the “Terms and Conditions”). By using a Ticket to attend the Event or otherwise attending the Event, you (“you” or the “Patron”) agree that you are entering into a legally binding contract with us containing the Terms and Conditions below.
We reserve the right to update and amend these Terms and Conditions at any time. Notice of any amendments will be displayed on our Website. You should familiarise yourself with these Terms and Conditions and check for updates regularly. If you do not agree to these Terms and Conditions (or any updates or amendments), you should not purchase or accept a Ticket to attend the Event, or otherwise attend the Event.
CONDITIONS OF ENTRY
You acknowledge and agree that there are conditions of entry to the Events, as follows:
– The Events are licensed 18+ events only, no exceptions (unless specified all ages).
– You must comply with applicable State and Federal Australian laws at all times during the event.
– You must provide Valid Photo ID (defined below) and a Valid Ticket (defined below) to gain entry to the Event (“Valid Entry”).
– Valid Photo ID is required for entry to the Event and Event Site, that being a valid passport, valid Australian driver’s license or valid Australia state specific proof of age card (“Valid ID”). Attendees from overseas must bring their valid passport to gain entry.
– You may have to Covid check-in using the state relevant APP, and you may under health directives need to be fully vaccinated to attend the Event.
– There are strictly no pass-outs (exit and re-entry) at the Event.
– Scantek may be in use and your ID will be scanned as a condition of entry.
We reserve the right to refuse entry to, or remove from, the Event Site without refund:
– Any person without Valid ID or a Valid Ticket.
– Any person behaving in an antisocial, intoxicated, disorderly, aggressive, offensive or dangerous manner or in any manner which may threaten security or smooth operation of the Event;
– Any person in possession of a Prohibited Item;
– Any person who attempts to resemble or impersonate any authorised media personnel, authorised emergency services personnel or staff member, agent or invitee of the Promoter;
– Any person who attends the Event with the intention of reporting to the media and has not received the Promoter”s prior written permission to do so;
– Any person who is found in an Unauthorised Area;
– Any person who refuses to comply with a direction from security personnel or staff of the Promoter; and
– Any person who otherwise breaches these Terms and Conditions.
If you are evicted from the Event, your Wristband or Ticket will be removed and you will not be permitted to re-enter the Event Site.
You agree that certain terms will apply to the sale and use of tickets to the Event. Tickets must be:
– Purchased online via a ticketing agency which could be Ticketbooth, Ticketmaster, Ticketek, Eventbrite, Moshtix or OzTix (“E-Tickets”) or as industry tickets (Hard copy ticket) from an authorised industry ticket seller (“Industry Tickets”) unless the Ticket is complementary and issued by us;
– Shown to staff for validation at the entry gate at the Event Site either in printed hard copy form or in PDF form on a mobile phone; and if printed, must not be defaced or damaged or unable to be read (“Valid Ticket”).
E-Tickets will be sent electronically to the email address registered at purchase, and tickets could be withheld (suppressed) and not sent by the ticketing agent until the week prior to the Event. E-Ticket purchases will attract a booking fee. All ticket prices are quoted in Australian Dollars and include GST.
Pay close attention to the details of the Event and quantity and price of Tickets whilst purchasing your Ticket/s. A change in your personal circumstances, or mistakes made by you during purchase, will not entitle refund, return or exchange of Ticket. Tickets are sold or otherwise provided to patrons for personal use only. All Tickets are non-transferable and must not be sold, traded, gifted or otherwise transferred to any other person.
You may not, without the prior consent of the Promoter:
– Resell or offer to resell a Ticket for a price higher than the original sale price, including via online auction;
– Use a Ticket for advertising, promotional or other commercial purposes; and/or
– Use a Ticket in any other way to enhance the demand for other goods or services.
If the Patron placing the order does not receive confirmation after submitting payment information, or if they experience an error message or service interruption after submitting payment information, it is that Paton”s responsibility to contact the Ticketing Agent whether or not the order was successful.
One Ticket is only valid for the admission of one person. Lost, stolen or damaged Tickets may not be replaced.
Tickets only provide access to the areas as indicated by signage at the Event.
The Promoter reserves the right to enforce published Ticket purchase limits and cancel any Tickets obtained above such limits by any one person.
PROGRAMMING CHANGES, CANCELLATION & REFUNDS
The Promoter reserves the right in its sole discretion to change the Event artist line-up, dates, venues, entry and exit times to the Event, artist performance times, amount of artists, special effects, amount of stages, amenities, amount or type of stalls, event programmes, camp site layouts and capacity, Event Site layout or any other aspect of any facility or attraction at the Event (jointly “Event Details”) without prior notice to you. The Promoter will not be required to provide refunds or other compensation to a Patron if the Event Details are changed although the Promoter may provide a refund in its discretion where a patron cannot attend the Event due to a date change.
The Promoter reserves its rights to cancel the Event at any time due to a Force Majeure Event which in the Promoter”s sole discretion makes it logistically impossible to operate or continue to operate the Event. In the event the Promoter is required to cancel the Event entirely due to a Force Majeure Event, the Promoter may provide refunds to Patrons in its sole discretion. Where the Promoter exercises its discretion to issue a refund for a cancelled Event in accordance with its rights, you hereby agree and acknowledge that any such refund shall be strictly limited to the value of the Ticket (at the price you purchased it) and shall not extend to a refund of the booking fees, delivery or mail fees and any processing surcharge. “Force Majeure Event” means anything outside the Promoter”s reasonable control, including without limitation, fire, bad weather, damage to Event Site caused by bad weather, rain, flood, drought, storm, lightning, act of god, explosion, sabotage, accident, labour dispute, council or police rulings or war.
The Promoter reserves its rights to cancel the Event without cause whereby the Promoter will provide refunds to Patrons. Refunds shall be strictly limited to the value of the Ticket (at the price you purchased it) and shall not extend to a refund of the booking fees, delivery or mail fees and any processing surcharge. The Promoter will not be required to provide other compensation to a Patron where an Event is cancelled without cause.
Where a wristband is issued to each Patron who gains Valid Entry to the Event (“Wristband”), wristbands are non-transferrable and must not be tampered with or removed, and must remain visible over the duration of the Event. The Promoter reserves the right to remove any Patron not wearing a Wristband from the Event Site, without refund.
Wristbands remain the property of the Promoter at all times. If you are removed from the Event, you must return your Wristband, and the Promoter reserves the right to remove the Wristband from your person should you choose not to comply with this requirement.
SEARCH OF PATRONS AND VEHICLES
All Patrons and their vehicles may be subject to a search prior to entry to the Event Site.
Security and/or staff may thoroughly search, pat down, metal detect, inspect or open any vehicles, bags or articles upon entry. Due to the importance of keeping Patrons and the Event secure and safe, any person who withdraws consent for this, either prior to the search or during the search or hinders the search process shall be refused entry to the Event and/or Event Site, and will not be provided with a refund.
The following items are not permitted at the Event Site and must not be brought to the Event by patrons:
– Alcohol, Illicit drugs & illegal substances;
– Any equipment capable of producing open flames of any kind including without limitation gas cookers, BBQs, candles, lighters, flares, sparklers, pyrotechnics and fireworks;
– Pets or animals (excluding guide dogs and police and emergency service dogs);
– Weapons or items that may be used in a dangerous manner or cause injury to other Patrons such as selfie sticks;
– Liquids, creams, lotions etc… Sunscreen at appropriate events will be available from First Aid;
– Promotional material including stickers and flyers;
– Glass of any kind;
– Audio or video recording devices, excluding mobile phones;
– Professional photography equipment (including drones);
– Sound systems and/or sound generators;
– Portable laser equipment (including laser pens);
– Mini bikes or motorised vehicles and similar vehicles;
– Skateboards, scooters, bicycles and rollerblades and similar transport devices; and
(each a “Prohibited Item” and together “Prohibited Items”).
Any Patron found in possession of any Prohibited Item may be refused entry or removed from the Event Site without refund.
The possession, sale or use of illegal drugs or illicit substances is strictly prohibited. The Promoter does not condone or endorse the use of such substances and any patron found with them in their possession will be refused entry or removed from the Event Site and may be reported to the relevant authorities.
If a total fire ban is in operation for the entire duration of the Event, patrons are not permitted to operate naked flames, whether for campfires or BBQs or for any other purpose. Fines may be imposed by relevant council or authorities where a person fails to comply with the fire ban.
You hereby agree that at all times, you will:
– Follow all directions of staff and contractors of the Promoter, including without limitation security personnel;
– Not engage in any criminal or gang-related activities;
– Respect the local community and natural environment, and not cause any damage to flora and fauna or enter any bodies of water at the Event Site;
– Minimise your impact on the environment with regarding to water consumption and waste disposal, and place all litter in provided bins or take it home with you;
– Not touch, interfere with or attempt to operate any equipment belonging to the Promoter;
– Not engage in risky or dangerous activities such as stage diving and moshing.
Wear appropriate clothing and footwear, and wear ear plugs where you are concerned to protect your hearing; and adhere to any additional terms of entry imposed by the relevant local council, land owner or other relevant authorities.
Entry to the Event and the Event Site is at your own risk. You acknowledge that the Event Site and/or the land it is staged on is an inherently dangerous place that may contain all manner of obstacles, risks and dangers, both known and unknown, natural and man-made which may result in loss or damage to property, personal injury or even death. You further acknowledge that at the Event, you may be exposed to contact from other Patrons, such as jostling, shoving and pushing; sustained loud noises which may cause temporary or permanent hearing loss; sun, rain and other elemental exposure; and other physical stressors. You hereby waive and forego any rights to make any claims for losses and injuries suffered by you on the Event Site for which we are not directly responsible and you warrant that you will come well prepared to handle challenging situations that may be presented to you at the Event Site.
The Promoter advises that Police have the right to attend the Event and have the right to question and/or eject Patrons from the Event over and above any restrictions or grounds for refusal of entry and/or removal from the Event Site contained within these Terms and Conditions. Patrons should respect police personnel and should seek legal advice before refusing to comply with any request made by any police personnel.
The Promoter reserves the right to arrange for medical treatment at the Event Site and/or emergency evacuation of any person from the Event Site if the Promoter in its sole discretion deems it necessary for the person”s safety or the safety of others (“Emergency Medical Assistance”) and by agreeing to the Terms and Conditions, you hereby consent to receiving such Emergency Medical Assistance.
You hereby consent to the Promoter or its representatives receiving personal information relating to you obtained during such Emergency Medical Assistance and sharing such personal information with third parties where it is reasonably necessary for the provision of the Emergency Medical Assistance, and for any investigation, auditing or reporting purposes of the Promoter.
EMERGENCY AND SAFETY PROCEDURES
In the case of an emergency evacuation or situation, you must promptly follow all directions of emergency services personnel and staff and contractors of the Promoter (including without limitation security personnel).
Where reasonably required for the safety of any person, the Promoter reserves the right to:
– Interrupt or stop the Event;
– Totally or partially evacuate the Event Site or any area within;
– Deny access to the site regardless of the possession of a valid Ticket; and/or
– Deny access to any area within the Event Site (for example to control the crowd or prevent crowd surging).
If a Patron feels at any time that any person”s health or safety is threatened, they must immediately contact the nearest security guard. There are first aid officers at the Event Site at all times who can be contacted by security and event staff.
Promoter staff are there to assist with any questions or concerns you may have.
The Promoter will not be held responsible whatsoever for any loss or damage to any property (including without limitation personal property such as tents, cars, bags, money or other personal items) brought to or purchased at the Event.
You hereby agree to indemnify and hold the Promoter, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees on a full indemnity basis) made against the Promoter by you or any third party due to or arising out of any breach by you of the Terms and Conditions.
The Promoter does not accept liability for any injury, damage, loss, delay or additional expenses, which may be incurred by you as a result of a Force Majeure Event (defined above) or cancellation or shortening of the Event due to a Force Majeure Event.
The Promoter uses its event names and brands, as trademarks and is the exclusive owner of logos, artwork, photographs, videos and other material created to promote the Event (“Event IP”). Should you wish to use the Event IP other than for private, non-commercial purposes, you must obtain the prior written consent of the Promoter.
PHOTOGRAPHY AND FILMING
Audiovisual recordings of the Event are prohibited (“Unauthorised Recordings”). Should you make any Unauthorised Recordings, you agree that upon making those recordings, all copyright in the Unauthorised Recordings shall vest in and otherwise be assigned to the Promoter. You further warrant that you shall not use the Unauthorised Recordings in any manner whatsoever. Unless you have been restricted by any other agreement, you may take photographs, however such images may only be used for private non-commercial purposes and must not be publicly displayed. If you wish to use a professional camera or video recorder, you must seek the prior consent of the Promoter.
By purchasing a Ticket and/or attending the Event, you consent to photos, videos and other recordings being taken of you and used by the Promoter for marketing, promotional and other purposes in its discretion (“Official Content”). You agree to assign in writing (in a format to be produced by us) to the Promoter all present and future rights in the entire copyright (including rights as a performer) in the Official Content throughout the world in all media in perpetuity.
Any person found to be carrying media equipment (including without limitation microphones, recording devices, camera) may be removed and banned from future events for an indefinite period, unless that person has received the Promoter”s prior written permission to attend the Event as media personnel and displays their media pass promptly upon request.
You must not distribute any third party promotional items (including without limitation flyers, posters, stickers, wristbands or tickets) at any time within the Event Site or within the surrounding area.
Any unenforceable or void provision, or part thereof, may be severed from these Terms and Conditions without affecting the validity of the remaining provisions.
These Terms and Conditions shall be governed by the laws of Victoria, Australia, and the parties submit irrevocably to the authority of courts having jurisdiction in Victoria, Australia.
We are able to novate, assign, sub-licence or otherwise transfer our rights and obligations under these Terms and Conditions to a third party nominated by us (for example so that the third party may operate and promote the Event in a particular state). You agree that where we do so, the new party will assume our rights and obligations under these Terms and Conditions (in whole or in part) and you will release us from those rights and obligations under these Terms and Conditions.