Ticketing Terms & Conditions
KEEP IT CLEANER - EVENT TERMS AND CONDITIONS
These event terms and conditions (Terms) govern your purchase of tickets for, and attendance at events held by Keep it Cleaner ACN 620 357 520 (Events).
Where the purchaser of a ticket is an adult whom is responsible for a minor, the adult agrees to be bound by these Terms on their own behalf and on behalf of each minor and the adult must directly supervise them at all times.
Please read these Terms carefully before purchasing a ticket. By purchasing a ticket you, on behalf of yourself and on behalf of any minor whom you are responsible for:
(a) warrant that you have read, understood and agree to be bound by these Terms;
(b) acknowledge that you have waived substantial rights in accordance with these Terms; and
(c) acknowledge and agree that if you participate in the Event, you must comply with these Terms.
We reserve the right to update, replace or amend these Terms at any time, including for specific Events. Changes will be made effective by posting them on our website at https://keepitcleaner.com.au/.
Throughout these Terms, the terms “KIC”, “we”, “us” and “our” refer to Keep it Cleaner ACN 620 357 520 and its associated entities, and “you” “me” or “I” refers to the individual purchasing tickets, or, attendees who attend the Events and “venue” refers to the venue to which a ticket for an Event relates.
1. General ticketing conditions
1.1 You booking is confirmed when you receive your ticket.
1.2 Your ticket is proof of purchase of the Event and must be presented at the time of admission.
1.3 Tickets will be issued to you in digital format, including in print at home format. If you have bought multiple tickets in print at home format, remember to print each of them out separately.
1.4 Each valid digital ticket has a unique identifier. This unique identifier allows one entry only so please ensure that each individual attending the Event has their own digital ticket. Your ticket is non-transferable and only one ticket is valid per ticket purchased.
1.5 Tickets are not to be duplicated for the purpose of falsifying entry.
1.6 KIC reserves the right to refuse entry or require you to leave an Event for any valid reason, including where you have not returned to us at or prior to the commencement of the Event:
(a) a completed COVID-19 questionnaire; and
(b) a signed Waiver of Liability (defined below at clause 12.4), or have otherwise failed to comply with these Terms.
1.7 You must adhere to additional conditions of entry specific to the venue. The venue’s conditions of entry are incorporated into the Terms and apply to your ticket. You may be refused entry by the venue if you do not, or are unable to, adhere to their terms. These terms and conditions can be found on the venue’s website or you can ask us for a copy. If you are removed from the venue due to failure to comply with the terms of the venue, you will not be entitled to a refund.
1.8 Your ticket may be subject to additional booking terms, which will be notified to you prior to purchase. For example, if your ticket is to a timed Event, your ticket will only be valid for your nominated session time. To the extent that there is any inconsistency between these additional booking terms and the Terms, these Terms will prevail.
2. Eligibility to participate
2.1 If an attendee is under 18 years of age, they must be accompanied by an adult when participating in the Event (who must also purchase a ticket), and a parent or guardian must read these Terms and the Waiver of Liability and accept them on their behalf.
2.2. You must be medically and physically fit and able to participate in the Event.
2.3 If you become aware of any medical condition or impairment that will be detrimental to your health if you participate in the Event, or are otherwise sick or injured prior to the Event, you must notify us and not attend the Event. Where you do not provide any written notice to us, we will rely upon this as evidence of your fitness and ability to participate.
2.4 In participating in the Event, you consent to receiving any medical treatment that we or our representatives (including emergency service providers) consider reasonably necessary or desirable during or shortly after the Event. You must reimburse us for any costs or expenses incurred in association with providing you with medical treatment.
3. Privacy and use of personal information
3.1 You may be asked to provide personal information (including email address, postal address and other contact information) when making a purchase. Please ensure that you provide current, complete, and accurate information. If you do not provide personal information when requested, we may not be able to fulfil your purchase and may not be able to contact you to give you information about the Event or to advise you of changes to the Event including cancellation.
4. Price and Payment
4.1 Your payment will be processed by a third party on behalf of KIC. All prices are subject to change without notice.
4.2 All prices are quoted in AUD and are inclusive of GST (where applicable). Where GST applies, your ticket is a tax invoice.
4.3 A service charge may apply to each purchase and you will be notified of the applicable fee prior to purchase.
4.4 You warrant that you have the authority to make payment for your purchase and that you own/hold or have express permission of the owner/holder of the credit card or other payment facility used to make the purchase.
4.5 Delivery of tickets will only be made upon receipt of full payment.
5.1 You agree to comply with all Event safety protocols and directions given by us, the venue or a government authority, including any directions, orders and regulations specifically relating to COVID-19, which may be in place at the time of the Event. Such protocols and directions may be advised by written communication, social media, verbal messaging or announcements, or signage displayed at an Event.
5.2 If you are attending the Event as part of a group, as the primary ticket purchaser, you are responsible for knowing the contact details of all attendees in your group. In the event you are contacted directly by the government, including the Department of Health for the purposes of contact tracing, you must:
(a) make the contact details of your group available to the government (if you have the consent of each group member to do so); or
(b) contact each member of your group, and request that they provide their contact details to the government directly.
5.3 All attendees in your group, including yourself, must commit to stopping the spread of COVID-19. Each attendee agrees that they will not attend the Event if the following apply:
(a) attendee displays symptoms of COVID-19 such as: cough, fever, sore throat, fatigue or shortness of breath on the day of the Event or at any time in the 14 days prior to the Event;
(b) attendee is positive for COVID-19;
(c) attendee has been in contact, or suspects they have been in contact with a person who is diagnosed as COVID-19 positive in the 14 days prior to the event or on the day of the Event;
(d) attendee has travelled overseas in the previous 14 days; or
(e) attendee is required to be in quarantine.
5.4 If you do attend the Event, you acknowledge the contagious nature of COVID-19 and agree to assume the risk that you may be exposed to or infected by COVID-19 by participating in the Event or attendance at any relevant venue, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death.
5.5 You agree to notify KIC if you or anyone in your group develops symptoms of COVID-19 within 14 days of participating in or attending the Event. Notification can be made by email to firstname.lastname@example.org.
5.6 If you purchased multiple tickets, you must communicate these requirements to members of your booking party, which apply to them as well.
6. Exchanges and refunds
6.1 All ticket sales are final and cannot be exchanged, refunded or returned other than as set out under this clause 6 or clause 7.
6.2 You will be entitled to a refund as required by law (including the Australian Consumer Law).
6.3 You may be entitled to a refund where:
(a) your ticket is lost, stolen or damaged and we can identify and cancel the relevant ticket. We may charge a reasonable administration fee in these circumstances; or
(b) an attendee is unable to attend the Event because:
(i) you or they are required to self-isolate or quarantine (and the Event falls within the isolation/quarantine period) due to being a confirmed case of COVID-19 or having close contact with a confirmed case of COVID-19; or
(ii) you or they have COVID-19 symptoms, have been tested for COVID-19 and are awaiting test results (and the Event falls within the period of waiting test results),
and the ticket holder notifies KIC and requests a refund in writing before the commencement of the Event. KIC reserves the right to decline the request for refund if it is unable to ascertain the validity of the claim.
6.4 Refunds will be paid to the ticket purchaser and will be processed using the original method of payment.
6.5 You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an Event. Unless required by law, KIC will not reimburse you for any expenses incurred in connection with your attendance or non-attendance at an event, including a cancelled, rescheduled or relocated event. Expenses include, but are not limited to, the cost of travel, meals, car-parking, child-care and accommodation. You may wish to consider taking out a relevant insurance policy to cover for any losses in the Event of cancellation or rescheduling.
7. Variations, cancelled or postponed Events
7.1 Sometimes Events are cancelled, varied or postponed due to events beyond our control, situations which affect our presenters or other causes. Presenters may be added, withdrawn or substituted for specific Events. Wherever possible, we will advise you of Event changes prior to the commencement of the Event, or at the Event where prior notice is not possible.
7.2 If an Event is postponed for any reason, including COVID-19, all tickets will be reissued to the rescheduled date automatically.
7.3 Subject to clause 7.4, you will be entitled to a refund where:
(a) the Event is cancelled; or
(b) the Event is postponed and you cannot or do not wish to attend the postponed event.
7.4 In the case of Event postponement, we will advise you of the cut-off date for requesting a refund. The cut-off date will be at least 4 weeks from the date we advise you of the change. You will not be entitled to a refund if your request is made after the cut-off date.
7.5 A refund will be your sole remedy for a cancellation or postponement of an Event, and KIC will not incur any further liability to you whatsoever arising from the cancellation or the postponement of an Event.
8. Ticket resale
8.1 You are unable to re-sell for additional gain your ticket. Any ticket holder identified by KIC attempting resale of a ticket will have all of their tickets cancelled immediately and no refund will be provided.
9. Release of Liability, Waiver of Legal Rights and Assumption of Risk
9.1 You acknowledge that participation in the Event can be inherently dangerous and that you may be exposed to certain risks during the Event including, but not limited to, equipment failure, dehydration, serious injury or illness due to overexertion and strenuous activity and death.
9.2 These risks can and often eventuate and they may result in you being personally injured or your property being damaged or the Event being cancelled.
9.3 By participating in the Event, you acknowledge and agree that:
(a) you have read and understood the risks associated with participating in the Event and this warning, and accept and assume the inherent risks in participating in the Event;
(b) you are fully responsible for the security of your personal possessions at the Event including other valuable items. You agree that KIC is not responsible or liable for the repair or replacement of any personal possessions whether lost, damaged, stolen or otherwise;
(c) where you are a consumer of recreational services, as defined by the Competition and Consumer Act 2010 (Cth) or any relevant state law (recreational services), certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of KIC flowing from them, are expressly excluded, restricted or modified to the extent permitted by law as set out in paragraphs 9.3 - 9.5 (inclusive) and the Waiver of Liability; and
(d) to the extent of any liability arising, the liability of KIC will, at its discretion, be limited in the case of services, to the resupply of the Event or payment of the cost of having the Event supplied again and where liability cannot be excluded or modified by law, including pursuant to the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), the liability of KIC is limited to the minimum permitted by law.
For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies:
9.4 You acknowledge and agree the liability of KIC and its Associates (as defined below) in relation to recreational services for any:
(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
(c) the contraction, aggravation or acceleration of a disease;
(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
(i) that is or may be harmful or disadvantageous to you or the community; or
(ii) that may result in harm or disadvantage to you or the community,
that may be suffered by you (or a person for whom or on whose behalf you are acquiring a ticket to the Event) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any Event will be provided with due care and skill is hereby excluded.
9.5 In consideration of KIC accepting your attendance at the Event, you, on behalf of yourself, your executors, administrators and other personal representatives to the extent permitted by law release and indemnify KIC and its Associates (as defined below) from any and all liability (including without limitation negligence) relating to your:
(b) illness; or
(c) physical or mental injury (including the aggravation, acceleration or reoccurrence of any injury),
unless the death or injury was caused by the reckless conduct or reckless disregard of those indemnified and this indemnity may be pleaded as a bar to any claim.
10. Release and Indemnity
10.1 In consideration of KIC accepting your attendance at the Event, you, on behalf of yourself, your executors, administrators and other personal representatives to the extent permitted by law:
(a) release KIC and all its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) and all of their directors, employees, agents, contractors, and any medical personnel, the venue owners, Event sponsors, or any other person or organisation, which is directly or indirectly involved with promoting, running or controlling the Event (collectively, the Associates) from any and all claims, demand, penalty, cost, loss or expense however arising including but not limited to negligence (Claims) that you may have or may have had but for this release arising from or in connection with your participating in the Event; and
(b) indemnify KIC and its Associates and will keep KIC and its Associates indemnified in respect of any Claim (including for negligence, breach of contract or breach of law) by any person arising as a result of, or in connection with, your attendance, non-attendance, or participation in the Event and you agree that this indemnity may be pleaded as a bar to any claims.
10.2 You acknowledge, agree and represent that each of the Associates may rely on, and directly enforce, the releases and indemnities contained in these Terms.
10.3 Any release expressed to be given by you in these Terms must include, and will be taken to be a release from, each minor for whom you are responsible or purchased a ticket on behalf of.
11. Event filming
11.1 You acknowledge that cameras, audio and video recorders may not be permitted at certain Events. KIC will advise whether this is the case at each Event.
11.2 By purchasing this ticket, you consent to KIC (or its representative) filming, photographing and recording the Event and to KIC using your name, image and/or voice or likeness in such films or photographs for the purpose of promoting our events, services and products. You agree that you have no copyright in such material and will not receive any compensation for such use.
12.1 These Terms will in all respects be governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under these Terms.
12.2 If any provision of these Terms is deemed invalid or unenforceable, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms.
12.3 No waiver of any term will be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms will not constitute a waiver of such right.
12.4 These Terms, together with your signed Waiver of Liability, constitute the entire agreement between KIC and you in relation to the Event. For the purpose of these Terms, ‘Waiver of Liability’ means the warning note provided in accordance with the Competition and Consumer Act 2010 (Cth) and the relevant state legislation allowing recreational service providers to limit their liability to you, which will be sent to you, and must be completed, signed and returned by you, prior to commencement of the Event.