EVENT TERMS AND CONDITIONS
1. REQUEST AND ACCEPTANCE
1.1 This website (Site) is available at: https://www.catandfiddle.com.au/ and may be available through other addresses or channels.
1.2 By accessing and/or using the Site you:
a) warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and
b) agree to use the Site in accordance with this Agreement.
1.3 You must not use the Site and/or making a booking request through the Site unless you are at least 18 years old.
1.4 You have requested the event services described on our Site, social media and/or in any other applicable advertisement (Event Services) by:
c) accepting this Agreement online via a tick box; and
d) making payment of the amount set out on the Site for the event (Price).
1.5 Please read this Agreement carefully and contact us if you have any questions.
2.1 Once we receive your booking request, we will send you an email to confirm the details, including Price paid, location, package and other information (Booking Confirmation). At this time, your booking request will become a Booking. We reserve the right to reject any booking request.
2.2 Every Booking is subject to, and will be governed by, this Agreement and any other conditions agreed to by the Parties.
3. PRICE AND PAYMENT
3.1 You agree to pay us the Price according to the payment terms set out on the Site.
3.2 All payments must be made in full prior to the Booking.
3.3 Unless otherwise indicated in this Agreement, to the maximum extent permitted by law, all amounts paid to us are non-refundable. We do not refund for partly used Bookings, if you did not enjoy the event, if you cannot attend the event or if you are refused entry into our event in accordance with clause 4.2.
3.4 All amounts are stated in Australian dollars and are exclusive of GST (unless otherwise stated). You agree to pay any GST amount at the same time as you pay the Price.
4. ATTENDING THE EVENT
4.1 Your entry into the location for the Event Services is subject to receiving a Booking Confirmation and showing this Booking Confirmation or valid proof of identification, as well as showing valid proof of age (an Australian drivers licence; a passport; a NSW photo card, a proof of age card from a government authority or a keypass issued by Australia Post).
4.2 We reserve the right to prohibit entry to any person to the Event Services or eject any person from the Event Services based on behaviour deemed inappropriate by our staff, contractors, agents, venue owners and their staff and others working under our authority including (without limitation) intoxication, use or possession of illicit drugs, inappropriate dress, offensive or abusive behaviour. You will not be entitled to a refund where you have been prohibited entry or ejected in accordance with this clause.
4.3 The Event Services will start at the start time and end at the end time as communicated to you. Where you choose to remain at the venue or continue to socialise with other guests after the end time of the Event Services you do so at your own risk and we accept no Liability for anything which takes place after the end time of the Event Services.
4.4 You agree to follow our reasonable directions at the Event Services and to comply with all applicable laws and regulations while participating in the Event Services.
5.1 Transferring a Booking: Prior to a Booking, you may request to transfer the Event Services to another person by emailing us. A transfer will only be successful if you receive an email from us confirming the transfer.
5.2 Your cancellation: If you do not attend the Event Services, you agree that we will not refund any Price paid. You acknowledge that the non-refund of the Price, as a cancellation fee, is a genuine pre-estimate of the loss we have incurred as a result of your cancellation or non-attendance.
5.3 Our cancellation: If we reject a booking request or cancel a Booking (due to no fault on your part), you will be fully reimbursed for any amounts paid to us. If the cancellation is due to your breach of this Agreement, you agree that we will have no obligation to refund you any amounts paid for the Event Services.
6. YOUR STATUTORY RIGHTS
6.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Event Services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL.
6.2 You agree that our Liability for the Event Services is governed solely by the ACL and this Agreement.
6.3 Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Event Services) are provided to you without warranties, representations and guarantees of any kind.
7. TERM AND TERMINATION
7.1 This Agreement will commence on the date this Agreement is accepted in accordance with its terms, and will continue until the date we consider the Event Services to be supplied to you in accordance with this Agreement, unless terminated earlier in accordance with its terms.
7.2 Either Party may terminate this Agreement if the other Party breaches a material term of this Agreement, and that breach has not been remedied within 5 business days of being notified by the relevant Party.
7.3 On termination or expiry of this Agreement, you agree that any amounts paid for Event Services rendered by us are non-refundable.
7.4 The accrued rights, obligations and remedies of the Parties are not affected by termination of this Agreement.
8. LIABILITY, INDEMNITY AND EXCLUSIONS
8.1 Exclusions: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by (whether directly or indirectly):
a) your acts or omissions;
b) your breach of this Agreement, any law or third party rights; and
c) any event or circumstance beyond our reasonable control.
8.2 Indemnity: Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to make good, indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with your acts or omissions.
8.3 Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
a) we will not be liable for any Consequential Loss; and
b) our maximum aggregate Liability in relation to the provision of the Event Services or this Agreement will be limited to us resupplying the Event Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the provision of the relevant Event Services to which the Liability relates.
9.1 Photographs: We may film or photograph our events. You agree that you may be filmed or photographed by us or our representatives when participating in our Event Services. You agree we may use your image and/or voice in any photographs or videos we take for promotional purposes and no remuneration will be payable to you for such use.
9.2 Governing law: This Agreement is governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
9.3 Amendment: We may, at any time and at our discretion, vary this Agreement by publishing varied terms on our Site. Prior to making a booking request, we recommend you carefully read the agreement that is in effect at that time to ensure you understand and agree to the terms of the agreement. For any Booking, the agreement that apply will be the one that was in effect (and which you agreed to) when you made your booking request.
9.4 Survival: Clauses 6, 7, and 8 will survive the termination or expiry of this Agreement.
10. INTERPRETATION & DEFINITIONS
10.1 In this Agreement:
Consequential Loss includes any consequential, special or indirect loss, damage or expense including any real or anticipated loss of revenue, loss of profit, loss of use, loss of occupation, loss of benefit, loss of financial opportunity, or economic loss whether arising out of a breach of this Agreement, at law, under any statute, in equity, or in tort (including negligence).
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party, a Party or otherwise.
For any questions and notices, please contact us at:
C & F Balmain Pty Limited ACN 631 195 527
Address: 456 Darling St, Balmain NSW 2041
Last update: 24 October 2019