TERMS OF SALE AND PURCHASING CONDITIONS AND WEBSITE TERMS OF USE

THE BALLET SOCIETY, NEW SOUTH WALES

Date Updated:                   6th September, 2022

TERMS OF SALE AND PURCHASING CONDITIONS

Please read these Terms of Sale prior to purchasing a ticket for any Event presented by The Ballet Society, New South Wales (TBS), for any Event for which TBS sells tickets, or any product offered for sale by TBS.

By purchasing a ticket to a TBS Event, or a product, you represent that you have read and understand these Terms of Sale and Purchasing Conditions, and any additional terms and conditions imposed by Patronbase (ticketing services agency) and displayed to you during the booking process.

By purchasing a ticket or product on behalf of someone else, you undertake to inform them of these Terms of Sale and Purchasing Conditions and any other terms and conditions imposed by Patronbase (ticketing services agency) and displayed to you during the booking process.

“Event” means any production or event that is arranged by the TBS, or for which TBS sells tickets, including The Australian Ballet Dress Rehearsals.

“Product” means any product offered for sale by TBS, including but not limited to Memberships and Merchandise.

“Venue” means any venue, place or location where the Event is held, including but not limited to the Sydney Opera House/

“You” means the person acquiring a ticket or product or seeking to attend an Event

“We” means The Ballet Society, New South Wales

  1. Modification and Amendment. TBS have the right, at any time and without notice, to add to or modify the terms of the Term of Sale and Purchasing Conditions and Website Terms of Use, by posting such amended terms on our website. Your access to or use of the website after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms. No modification made by you shall be binding upon TBS unless it is made in writing and signed by TBS.
  2. Payment and Fees: TBS accepts Visa, Mastercard and American Express for online and over the phone transactions. No cash is accepted as payments for tickets or products at any point of sale. Any transactions performed over the phone will incur a $5.00 booking fee

 

  1. Ticket Exchanges and refunds: There is no right of refund or exchange on tickets. Before purchasing tickets, carefully review the event date and time details. A change in personal circumstances, in you are running late, or if you did not enjoy the Event or does not entitle a ticket holder to a refund or exchange on a ticket.

 

  1. COVID-19: If you are required to self-isolate by law due to COVID-19 or cannot attend the Event due to Government mandated border closures, TBS will provide an account credit towards a future TBS Event. You may also choose to donate the price of your ticket to TBS. You will not be entitled to an account credit if you feel generally unwell or do not wish to attend the Event due to fears of COVID-19 exposure.

 

  1. Cancellation. In the event that an Event is cancelled, TBS will provide a refund or account credit of the ticket price to all ticket holders. TBS will credit your original method of payment, within 21 days of the Event cancellation. If an Event is cancelled, TBS is under no obligation to arrange a substitute Event. We will not be responsible for any expenses incurred or to be incurred by you, for example travel, car parking, childcare, accommodation or other goods or services, if the Event is cancelled. You should consider whether insurance is appropriate for your circumstances.

 

  1. Variations:
    • TBS reserves the right, at any time, to add, withdraw, reschedule or substitute Event artists, guests, and presenters and/or vary advertised programmes, ticket prices, venues, seating arrangements and audience capacity. Ticket holders are not entitled to accounts credits or refunds due to Event variations. For events held
    • Dress Rehearsals are presented by The Australian Ballet, at the Opera House. These organisations are responsible for Event Variations relating to Dress Rehearsal.

 

  1. Lost or Stolen Tickets: TBS reserve the right to charge a fee for the replacement of tickets, not to replace tickets where seating is not allocated (General Admission Tickets) and not to offer a refund or exchange on lost or stolen tickets.

 

  1. Despite any seat number on your ticket, TBS do not guarantee you any particular seat. If we need to allocate a different seat to you for operational reasons, including a change of venue, we will use reasonable endeavours to ensure it is in a location of comparable value to the seat number on your ticket.

 

  1. Pricing. We make every effort to ensure pricing is correct but we reserve any rights we may have to correct genuine errors.

 

  1. Concessions Holders. If the Event has concession prices listed, holders of valid concession cards (Pensioner, Senior, Student, Unemployed) are eligible for concession price tickets. You may be asked to show your valid concession card when purchasing or collecting your tickets.

 

  1. Delivery Method. TBS issues E-tickets, unless otherwise specified for a specific event. This requires customers to have an email address. Please ensure that you have checked your spam folder if you have not received tickets to your inbox. If your ticket is not an E-ticket, you must allow adequate time for the collection or delivery of tickets.

 

  1. E-Tickets. Your E-Ticket ticket is your ticket to the event. Your E-ticket ticket can be printed or presented at the venue on a smart phone or tablet.

 

  1. Ticket Resale Tickets may not, without the prior written consent of TBS, be re-sold or offered for re-sale at a premium (including via on-line auction sites) or used for advertising, promotion 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 bearer. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the bearer of the ticket may be refused admission.

 

  1. Photography and Imagery. By purchasing a ticket or attending a TBS event, you acknowledge that TBS, or its Partners, may take photographs, recordings and footage of the event to be used for the TBS or its Partners ongoing purposes (including but not limited to, promotional (including social media), marketing, archival purposes and annual reports). TBS retains the ownership of all imagery material.

 

  1. Membership Exchanges and Refunds: Memberships are purchased for a specified term. Unless required by law, you are not entitled to a refund if you choose to cancel your Membership during that term.

 

  1. Merchandise Exchanges and Refunds: Unless required by law, you are not entitled to a refund on any product (including but not limited to T-Shirts, Books and Gift Vouchers) purchased from TBS. Exchanges are available for T-Shirts. The return postage costs will be incurred by you.
  1. Venue Conditions of Entry and Latecomer Policy:
  • The right of admission is reserved and is subject to the Venue’s terms of admission. Late arrival may result in non-admittance or until a suitable break in the performance. TBS will not provide a refund or account credit for the purchased tickets if you are refused entry to a venue if you are late, or for any other reason.
  • Entry may be refused if tickets are damaged or defaced in any way or are not purchased from TBS or other authorised points of sale.
  • It may be a condition of entry to individual events or a condition of the Venue at which the event is to be presented, that a search of persons and/or their possessions will be required at the time of entry to the Venue.
  • Upon entry to an Event or Venue, ticket holders agree to be photographed for promotional use by the TBS. It is also a condition of entry to a performance that no audio or video recording or photographic devices are used. This includes mobile phones, which must be switched off prior to the beginning of the performance.
  • If other conditions apply, they will be displayed either at the box office or near the entrance to the Venue or Event.
  • Some Venues may use CCTV.
  1. Liability. TBS will not be responsible or liable for any loss, damage or injury to the extent arising from your negligent acts or omissions, any pre-existing medical condition, your breach of these terms and conditions, or your reliance on reviews and opinions about Events, performers, presenters and guests. You should make your own further inquiries before deciding whether an Event is suitable. You are responsible for your personal possessions such as bags, mobile phones and other items you carry with you. Our liability to you in relation to tickets is limited to the obligations specified in these Terms of Sales and Purchasing Conditions.

   19. E-Tickets from The Australian Ballet. Tickets for The Australian Ballet Dress Rehearsals are issued from The Australian Ballet. To facilitate this, your booking information will be provided from TBS to the Australian               Ballet for the purposes of issuing your e-ticket.

  20. Giveaways and Competitions. TBS will on occasion give away complimentary tickets and merchandise for promotional purposes on behalf of third-party organisations. The tickets and merchandise will be sent to you          by the third-party organization. To facilitate this, your information will be provided from TBS to the third-party organization for the purposes of issuing your tickets or merchandise.

If you have any enquiries regarding purchasing tickets or products from The Ballet Society, New South Wales  please contact nsw@theballetsociety.org.au

For information regarding ticketing of live entertainment events or to obtain a copy of the Live Performance Australia Ticketing Code of Practice please refer to www.liveperformance.com.au.

WEBSITE TERMS OF USE

www.fab.org.au (the Site) is an online service owned and operated by The Ballet Society, New South Wales (TBS) ABN 16 001 367 031.

Please read the Website Terms of Use carefully before using the Site. By using the Site, including purchasing tickets, merchandise and memberships, you are agreeing to be bound by the following terms and conditions. If you choose not to be bound by the Terms and Conditions, TBS does not grant you the right to use the Site and you must not use this Site

  1. Goods and Services Tax. GST will apply to all goods and services supplied through this Site. Prices in this Site include GST where applicable. A party must pay GST on a taxable supply made to it under this Agreement, in addition to any consideration (excluding GST) that is payable for that taxable supply. The party making the taxable supply must provide a valid tax invoice to the other party at the time that the other party is required to pay the GST. Terms used in this clause have the meaning given to them in the A New Tax System (Goods and Services Tax) Act 1999.
  2. Use and Copyright: You may use the site and the information contained within it for your own personal and non-commercial reference only. You agree that you will not hack into this Site nor employ any robot, spider or other device or process to use the Site for any unauthorised purposes. You agree that you will not take any action that imposes an unreasonably large burden on the Site.
    The information contained within this Site (including program and scripts, graphics and logos) are copyright of TBS and its related bodies corporate and, where applicable, The Australian Ballet.You may make any copies of any information reasonably incidental to your viewing of the Site and may retain a single permanent copy for your personal reference. The information may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited) without the prior written approval of TBS.
  3. Trademarks: The Trademarks appearing on this Site are primarily trademarks of TBS and, where applicable, The Australian Ballet. Other trademarks displayed on the Site are trademarks of their respective owners. Nothing contained on this Site should be construed as granting any licence or right of use of any Trademark displayed on the Site without the express written permission of TBS or any third-party owner.
  4. Online Sales: Where you make a purchase through this Site, you are bound by the TBS Online Terms of Sale and Purchasing Conditions in relation to the purchase.
  5. Limitation of Liability: To the extent permitted by law, TBS’s aggregate liability to you, whether for breach of these terms or in negligence or in other tort or for any other common law or statutory cause of action arising in relation to these terms, the Site or the content available through the Site, is limited to A$100.To the extent permitted by law, TBS will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to or use or inability to use the 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. If a jurisdiction does not allow the exclusion of limitation of liability in accordance with the foregoing, but allows a limitation of a certain maximum extent, then our liability is limited to that extent.

ADDITIONAL GENERAL PROVISIONS

  1. Force Majeure. If the performance of any part of the Terms of Sale and Purchasing Conditions and Website Terms of Use by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused to the extent that it is prevented, hindered, or delayed by such causes.
  1. Severability. If a clause or part of a clause can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from these terms, but the rest of the Terms of Sales and Purchasing Conditions and Website Terms of Use is not affected.
  1. Governing Law and Forum. The Terms of Sales and Purchasing Conditions and Website Terms of Use are governed by and must be interpreted in accordance with the laws of New South Wales. The parties must unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

 

Friends of The Australian Ballet