TERMS FOR EVENTS FOR PARTICIPANTS
These Terms for Events apply to all participants of Events run by The CBR Woman [ ABN 61421707936 ] (“we, us, our”). These Terms for Events together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any participant at an Event of ours.
You must be 18 years old or older to purchase a ticket. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information.
PRICES AND DESCRIPTIONS ON OUR WEBSITE
All our prices for Events are published on our website and are in Australian dollars and include GST. We may change prices for Events without notice to you. We may discount or offer free tickets to Events to our members or others from time to time. We may also discontinue any unbooked Events at any time or change our range of Events at any time without notice to you. We are not liable for any price changes, other changes, or any discontinued Events.
The descriptions of Events may also change without notice to you. There may on occasion be errors or omissions in event descriptions or prices, times, and availability and promotions. We may, but are not obliged to, correct any errors or omissions or change and update information or cancel Events if information is inaccurate at any time, without prior notice to you.
Except as required by law we do not warrant the quality of the Events or warrant that they will meet your expectations.
YOUR OBLIGATIONS AND CONDUCT RULES
By purchasing a ticket to an Event, you agree to provide us with various information including but not limited to your account details (“information”). You represent and warrant that:
- all information you provide is true, correct, current and up to date;
- you will respond promptly to any of our requests for further information.
In the event that we find that any information is not true, correct or current, we may, at our sole discretion, immediately terminate your account and ban you or remove you from our Events.
You must conduct yourself appropriately at our Events. If you engage in any of the following we may, at our sole discretion prohibit your entry or revoke your permission to be in attendance at our Events.
- any inappropriate or offensive conduct including but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, or threatening or abusive;
- any illegal conduct including, but not limited to, anything defamatory;
- any immoral conduct including but not limited to, anything pornographic or obscene;
- any conduct that impersonates any other person or misleads other attendees;
- any overly inebriated conduct or intoxication where you are being disruptive; or
- any photography or video of the event except with our express permission.
Where we conduct in-person Events, we will also require you to sign a COVID- 19 release and indemnity.
If you consider that someone is breaching the conduct rules, please notify the host immediately so that we can address the issue immediately.
You agree that you will pay us for your admission to the Event at point of sale/ in advance via credit or debit card. We also charge you any transaction fees or fees incurred by financial providers.
Upon receipt of your payment a ticket will be delivered electronically to you. All sales are non-transferable and non-refundable except as outlined below. Payment must be received by us prior to the Event or we will not permit your admission. Your ticket/place in an Event cannot be reserved or confirmed until payment has been received.
Any transfers to other events are at our sole discretion and are subject to event numbers and availability.
To the extent permitted by law, any refunds are at our absolute discretion. We do not provide refunds for your change of mind, or where you failed to provide us with adequate information, or can no longer attend for any reason, including if you are sick. On occasion we may permit you to transfer to another event date, time or venue.
EVENT CHANGES, CANCELLATIONS
Despite our reasonable endeavours, on occasion we may need to change venues, times or dates at short notice or even cancel an Event. This is because we rely on the cooperation of venues, and the sales of sufficient tickets to Events. We will notify you as soon as possible of any event changes. In these circumstances we offer a transfer to another event if the new venue, time or date is inconvenient to you. We do not provide refunds except as required under the Australian Consumer Law.
CONSUMER GUARANTEES AND REFUNDS
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, rights to refunds where there is a major change with the event, such as where there is a date change, the venue is much further away, or it is cancelled.
If an Event fails to meet a consumer guarantee, please notify us at email@example.com. You will have the right to have the ticket price refunded if it doesn’t meet a consumer guarantee.
You permit us to photograph and/or video the Events which may include your representation, and use the photographs for marketing and information purposes, or publications exhibitions and professional awards. You must seek our prior written consent before any publication of information about us.
We may refuse to provide tickets to Events to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your account and ban your purchase of any tickets at events. We can also stop offering our events at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our events.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your attendance at an Event including, but not limited to, any errors or omissions in any website content, price changes or discontinued Events, changes to the venue, dates and times, termination of your account and any interruptions, any changes, termination of an Event.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
- the supply of equivalent services eg a ticket at an alternative Event; or
- the payment of the cost of your ticket to the Event.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Event you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including the conduct rules, where you provide incorrect personal information, where you leave during an event, any unauthorised use of your account, any disclosure of your personal information, and any further meetings or communications with attendees met at an Event.
IF THERE IS A DISPUTE
If at any time our Events are not reasonably acceptable to you or we disagree on the quality of the Event you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns.
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of ACT, Australia, and you and we submit to the jurisdiction of the courts of ACT, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms for Events and other terms and conditions on our website, these Terms for Events prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
Agreement means these Terms for Events, and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Events means any events offered by us including but not limited to any online events, in person events and any workshops or markets or group events.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Our Representatives means any of our employees, agents, contractors or subcontractors.
We, us, or our means the CBR woman [ ABN 61421707936 ] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
Website and services means www.thecbrwoman.com.au, and everything available on this website including, but not limited to, all products, services and socials.
COVID Release and Indemnity – for Event Participants
HEALTH AND SAFETY RULES
The CBR Woman has endeavoured to maintain the safety of participants at the Event by encouraging maintaining social distancing where possible and implementing additional cleaning and hygiene practices. However, I acknowledge that I need to cooperate by getting a medical clearance for COVID-19 before the Event where I (or anyone in my household) have tested positive to COVID-19, or inform The CBR Woman immediately if I am sick and suffer COVID-19 symptoms before the Event or if I suffer any COVID-19 symptoms during the Event.
CURRENT RISKS OF COVID-19
I understand and acknowledge that:
- COVID-19 is extremely contagious and is believed to spread from person to person contact;
- The Event will involve close personal contact and The CBR Woman cannot guarantee my safety;
- I may be exposed to or infected by COVID-19 at the Event and that such exposure or infection may result in personal injury, illness, permanent disability, and death;
- the risk of exposure and infection extends to anyone with whom I have close physical contact, including members of my household (partners, children, parents and others);
- the risk of exposure and infection may result from the actions and omissions of myself and others.
I confirm that my participation in the Event is voluntary and that I knowingly assume all risks above. I agree to complete all screening questionnaires as required by The CBR Woman.
RELEASE AND INDEMNITY
In consideration of permission to participate in the Event, I accept sole responsibility for the risks above. I on behalf of myself, my spouse, my heirs, my parents or guardians, personal representatives, and assigns (“Releasing Parties”) release and indemnify The CBR Woman from and against all Claims in relation to my participation. This includes all claims based on actions, omissions, or negligence of The CBR Woman whether a COVID-19 infection occurs before, during, or after participation in the Event, however it does not apply to gross negligence, intentional or wilful misconduct arising out of exposure to COVID-19.
I agree that The CBR Woman is not liable for any Loss and Damage arising out of or in connection with my participation in the Event and/or any damage to third parties in connection with my participation.
This Release and Indemnity contains the entire agreement between parties and supersedes any prior written or oral agreements between us in relation to the subject matter.This Release and Indemnity will continue in full force and effect even after the termination of the Event, whether by agreement by operation of law, or otherwise.
I, PRINT NAME__________________________________________________ have read this Release and Indemnity and understand that I am giving up substantial rights, including my right to sue for damages in the event of death, injury or loss. I further acknowledge that I am voluntarily signing this Release and Indemnity, and intend my signature to be a complete release of all liability.
Event means all events conducted by The CBR Woman.
Claims means all claims, demands, debts, liabilities whether known or unknown in law or equity.
Loss and Damage means any direct and indirect loss and damage, including, but not limited to any personal injury, illness, permanent disability, death, loss of enjoyment, psychological damage, loss of work, loss of reputation, loss of salary.
The CBR Woman meansThe CBR Woman Pty Ltd [ACN 643 986 878] and includes any directors, officers, employees and contractors and representatives.