Ticket Purchasing Terms & Conditions
Please read these Terms and Conditions carefully before purchasing a ticket. By purchasing a ticket from The Newkulele Festival, you agree to be bound by these Terms and Conditions.
These Terms and Conditions relate both to the sale of tickets and attendance at events. These Terms and Conditions apply to both the original purchaser and any subsequent ticketholders (“you”).
For the purpose of these Terms & Conditions “Seller” refers to the Newcastle & Hunter Valley Folk Club as presenter of the festival.
Variation to Terms and Conditions
The Newkulele Festival may vary these Terms and Conditions at any time by updating them. Any variations will only apply to ticket purchases made after these Terms and Conditions have been updated.
Additional Seller Terms and Conditions
Each ticket is also sold subject to any additional terms and conditions of the Seller for the particular event (“Seller's Terms”). The Seller's Terms may be disclosed as part of the event information on the site and at The Newkulele Festival agents and outlets at the time of purchase. The Seller's Terms are also available from The Newkulele Festival on request.
General Terms and Conditions
The Newkulele Festival acts as agent for the Seller in the sale of all tickets. As such, except as specified in these Terms and Conditions, all claims in connection with tickets or events are the sole responsibility of the Seller and, except to the extent required by law (including the Australian Consumer Law) The Newkulele Festival otherwise has no liability to you.
Refunds, exchanges and replacements
1. The Newkulele Festival will only offer a refund or exchange of a ticket if an event is cancelled, rescheduled or significantly relocated (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law). You must apply for a refund within a reasonable time. The Newkulele Festival does not offer refunds or exchanges as a result of a change in your personal circumstances.
2. If an event is cancelled, rescheduled or significantly relocated by the Seller, all liability is limited to the amount for which the ticket was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Unless required by law (including the Australian Consumer Law), neither The Newkulele Festival nor the Seller will be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses.
3. The Newkulele Festival will only replace lost, stolen, damaged or destroyed tickets if the authenticity of the ticket can be verified, including proof of purchase, and if you give reasonable notice before the event. The Newkulele Festival may charge a reasonable fee for the replacement of tickets. The Newkulele Festival may not replace tickets where seating is unallocated (general admission tickets).
Variations to performances or events
4. The Seller reserves the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity.
Conditions of entry
5. Admission to an event is subject to the Seller's Terms. In particular, the following form part of the Seller's terms unless otherwise specified:
(a) You may be denied entry into, or removed from, an event where the Seller has reasonable grounds to do so, including if you breach these Terms and Conditions or the Seller's Terms, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the event by others.
(b) If you arrive late, you may not be admitted until a suitable break in the event.
(c) You may not be permitted to take into the event, or use, cameras or other photographic or recording equipment (including mobile phones).
(d) You may be required to submit to a search of your person and/or possessions before entering the event.
Authenticity and validity of tickets
6. Entry to an event may be refused if the authenticity or validity of a ticket is questionable, including because the ticket has been damaged or defaced in any way, or has not been purchased from The Newkulele Festival or other authorised points of sale.
Resale of tickets & scalping
7. Tickets may not, without the prior written consent of The Newkulele Festival and the Seller, be resold or offered for resale at a premium (including via on-line auction or other unauthorised resale 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. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the ticketholder may be refused admission. The Newkulele Festival and/or the Seller will take all reasonable steps to notify you of The Newkulele Festival's intention to cancel the ticket or render it invalid within a reasonable time before cancelling it or rendering it invalid.
SCALPING WARNING: The resale of tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties.
Delivery of tickets
8. ALL tickets purchased through this site will be delivered in a separate email to your nominated email address. It is your responsibility to make sure the email address you have entered is correct and working. If you do not receive the email with your tickets, please contact firstname.lastname@example.org. The Newkulele Festival may change your delivery method to "venue collect" at its discretion.
9. Where concessions are applicable, suitable and valid identification must be provided for collection of tickets and at the event if asked.
Limitations on number of tickets purchased
10. When purchasing tickets for a particular event you may be limited to a specified number of tickets. If you exceed the stated ticket limit, you may have any or all of your orders and tickets cancelled without notice by The Newkulele Festival at its discretion. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information. Ticket limits apply to ensure fair access to tickets for fans, and as a measure to minimise ticket scalping.
11. While The Newkulele Festival takes all reasonable care to ensure that tickets are correctly priced and only available for sale when intended, sometimes errors may occur. The Newkulele Festival may cancel an order made as a result of any such error, although in the case of a pricing error The Newkulele Festival will endeavour to contact you to give you the option of purchasing the ticket at the correct price.
For information regarding ticketing of live entertainment and sporting events, or to obtain a copy of the Code of Practice for Event Ticketing contact The Newkulele Festival or refer to www.liveperformance.com.au.
The term "including" when used in these Terms and Conditions is not a term of limitation.