TERMS AND CONDITIONS

  1. These Ticket Terms (“Ticket Terms”) form a contract between you and ENDGAME NETWORK PTY LTD (ACN 640 464 286) and govern the purchase of your ticket and the rules that govern your attendance at any event. 
  2. Further terms may apply to your attendance at any event where imposed by the venue and by entering into this contract you agree to comply with those terms.  
  3. Your purchase of a ticket constitutes an offer to Us capable of acceptance. We reserve the right to cancel any ticket and refund the amount paid in full where there has been an error in ticket pricing, whether due to human error or a transactional malfunction of the Site, and offer to rectify such an error by re-processing the transaction with the correct ticket pricing.
  4. Your purchase of a ticket constitutes your agreement to be bound by these Ticket Terms. Please save a copy of these terms for your future reference.
  5. Details of the fees and inclusions for your ticket are set out in the Events Website ‘www.southernsellerfest.com' and the booking page.   Our prices may change at any time but this will not affect a booking completed prior to such change.

COVID-19 Additional Terms

  1. We are required to abide by all State and Federal regulations relating to the COVID-19 pandemic and the holding of public events. Given the ever-changing nature of the pandemic, these terms may be subject to change without notice.
  2. By purchasing a ticket you agree to follow all regulations in place at the time of the Event and our instructions regarding compliance with these regulations. 
  3. You agree to provide us with information we are required to collect for contact-tracing purposes and consent to our retention of this information and its provision to parties as required by law.
  4. In the absence of a government COVID-19 related public health order restricting gathering at the event, any inability to attend the Event will not be subject to the provisions relating to  Force Majeure. It is your responsibility to keep abreast of all regulations, orders and restrictions that apply to your attendance at the Event.


Changes to Event 

  1. We reserve the right to modify the advertised programs at any Event including by adding, substituting or cancelling any event component, topic, guest speaker or changing the venue.
  2. Where an Event is unable to be held for any reason, we may (at our sole discretion): 
  • reschedule that Event to another date within 12 months of the original event date; or
  • cancel the event.  
  1. If we reschedule an Event and you are unable to attend the rescheduled Event, any refund will be at our sole discretion. 
  2. If we cancel an event in accordance with clause 3.2(b), we will refund to you the ticket price. 

Responsibilities

  1. You acknowledge that it is your sole responsibility to travel to the event, arrive on time and take all steps necessary to take advantage of the event, including by taking advantage of networking opportunities, applying any training offered and ensuring you are available at the times and in the places where the Services are offered. 
  2. You agree to behave in courteous and professional manner to Us, our employees, agents or contractors and the other event attendees.
  3. You agree to abide by our reasonable instructions and any rules set by the venue at which any event is to be held.  
  4. You agree to seek independent financial, legal and/or other professional advice before acting on any information or guidance provided by Us.   

Representations and Warranties 

  1. By entering into this Agreement you represent and warrant to us that you: 
  • have all necessary permissions, to enter into this agreement; 
  • understand the limitation of liability set out in clause 7 and agree that such limitation on our liability is reasonable in the circumstances;
  • do not know or suspect any circumstance which would prevent your attendance at the event,  compliance with your responsibilities under clause 4 or your compliance with these terms generally.

Intellectual Property 

  1. In the course of providing the services we may provide you with access to materials and information owned or licensed by Us including methods, know-how, written materials and other information in written or unwritten forms (all “Our IP”). 
  2. You must keep Our IP in a secure and confidential manner and not disclose that information nor allow others to use that information except for the purposes of furthering the growth and promotion of your business. 
  3. The unauthorised use of photographic and recording equipment is prohibited at our events and you are not permitted to make any video or audio recordings of the Events  nor use any photographs, clips or recordings of our Events for commercial purposes. 
  4. For the avoidance of doubt, you may not resell, republish or distribute Our IP without our prior written agreement.

Limitation of Liability and Indemnity 

  1. Any information or services provided at an event are general in nature and are not intended to comprise financial, legal or accounting advice. You are not, at any time, obliged to act on any information, suggestion or guidance provided by us or any presenter, guest or attendee at an event.
  2. Neither party shall be liable to the other party in respect of any loss of profits, loss of revenue, goodwill or anticipated savings.
  3. Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage. 
  4. Please ensure that you take care of your personal possessions at the Event as we cannot accept any liability for loss or damage to your personal possessions except where caused by our negligence. 
  5. To the maximum extent permitted by law, our liability to you under this Agreement shall be limited at our option to the replacement or resupply of the services or refund of the fees that were paid under this Agreement.
  6. You shall indemnify and keep indemnified Us, our officers, employees, agents or contractors from any third-party actions, claims, demands, damages, judgment costs and expenses which arise from or in connection with this Agreement, including our reasonable legal costs. 
  7. Nothing in this Agreement will:
  • limit or exclude any liability for fraud or fraudulent misrepresentation; or
  • exclude or limit liabilities in a manner that is not permitted under the Australian Consumer Law or other applicable law. 

Refund Policy 

Given that: 

  1. There are a limited number of places available to each event; and 
  2. We allocate fixed assets to the preparation and conduct of each event
  3. No refunds will be granted in the case of change of mind or a Force Majeure Event described in clause 9 below.
  4. Refunds are only available where we cancel an Event as set out in clause 3, or where a change or rescheduling of the event, in our reasonable opinion, makes the Event materially different to the event that the purchasers of the ticket, taken generally, could reasonably expect.  

Events Outside our Control

  1. We will not be liable for any failure or delay resulting from a circumstance beyond our reasonable control (“Force Majeure Event”). If such an event is likely to adversely affect our performance of any of our obligations under these Ticketing Terms, we will inform you and take all reasonable steps to reschedule the event or provide the event in an alternative format (including online).
  2. Our affected obligations under this Agreement will be suspended and any time limits that we are bound by will be extended for the duration of the Force Majeure event.
  3. An event beyond our control includes power failure, ISP failure, strikes, lock-outs, industrial action by third parties, riots and civil unrest, fire, explosion, flood, storms, terrorism (threatened or actual), war, epidemic, pandemic or other natural disaster.

General Provisions 

  1. (Waiver) No failure or delay by either party in exercising any right, power or privilege under this agreement will impair the same or operate as a waiver of the same nor will any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
  2. (Severability) If any provision of this Agreement is determined by any court or competent authority to be unlawful and/or unenforceable, that clause or part shall be severed and the other provisions of this Agreement shall continue in force.
  3. (Entire Agreement) This Agreement shall constitute the entire agreement between the parties.
  4. (Notices) All notices required to be given to you under this agreement shall be deemed delivered if sent by email or posted to the address nominated by in your Application. You must update us if these contact details change. 
  5. (Governing Law) This agreement is governed by and construed in accordance with the laws of the State of New South Wales, and the parties submit to the exclusive jurisdiction of the courts of that State. 
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