Ripple Festival Terms and Conditions
These Terms and Conditions (Terms) govern:
A. Your use of www.ripplefestival.au.
B. Your Ticket purchases for Ripple Festival, which may only be carried out through the Ripple Festival website (https://www.ripplefestival.au/tickets).
C. All services related to the Ripple Festival organized and performed by Ripple Festival Pty Ltd (‘we’, ‘us’, ‘our’).
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions:
The following definitions apply unless the context requires otherwise:
“You, User, Your” means the party named on the Order Confirmation for tickets, or to any person who uses the Site and/or to whom a Ticket is sold or subsequently transferred.
“Event” means the Ripple Festival generally and ‘Events’ refers to the events hosted within the Ripple Festival dates to which the Ticket relates.
“Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, infectious disease or virus or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or any other cause impacting the Event that is not under our control.
“law” means the laws of the state of Victoria, Australia, and any applicable Australian federal laws.
“Order Confirmation” means a written confirmation sent by any means, including any digital media and email, though which we inform you of the description of the purchased Tickets and describes the details of the ticket purchase transaction.
“Site” means www.ripplefestival.au
“Terms” means these purchase terms and conditions, including the Privacy Policy.
“Ticket” means a ticket, voucher or other form of pass issued by us permitting access to the Event, including Tickets to a specific date during the Ripple Festival or Tickets to the attend both days of the Ripple Festival.
“User” means you, any ticket holders, any person who has access to www.ripplefestival.au and/or any beneficiary of any of the services provided by us.
“Venue” means Grazeland located at 20 Booker Street, Spotswood in Victoria, Australia.
1.2 Interpretation
A. Headings are for convenience only and do not affect interpretation.
B. The singular includes the plural and conversely.
C. Obligations are jointly and severally imposed on a User and any person to whom a Ticket is subsequently transferred, and who becomes a Ticket holder at any time prior to the Event.
2. YOUR ACCEPTANCE AND CONSENT TO TERMS AND CONDITIONS
2.1 By using or visiting the Site, and each time you use or visit the Site, including but not limited to purchasing Tickets from the Site, and where You hold a Ticket to the Event transferred to You by a User of the Site, You expressly agree to be legally bound and abide by these Terms, as well as all applicable laws and regulations, and including all terms and policies contained in the FAQs of the site, found at https://www.ripplefestival.au/faq; and
2.2 By entering the venue, and each time you enter the venue during any part of the Event, you agree to the Conditions of Entry of the Venue, found here.
3. CONTRACT BETWEEN US AND YOU
3.1 We are the official organiser of the Event. You agree not to obtain or attempt to obtain any tickets through any unauthorised use of an automated device or any other illegal or unauthorised activity.
3.2 We reserve the right to cancel any transaction which we reasonably suspect to have been made in breach of these Terms without any notice to you, and any and all Tickets purchased as part of any such transaction will be void.
3.3 Each Ticket is valid for one person. If the purchaser cannot attend the event the ticket may be transferred to another person. Tickets cannot be shared between more than one person for any day of the Event. Admission to the event requires one (1) Ticket per person.
3.4 The purchase of Tickets will have effect once the Order Confirmation is sent and ends immediately after the completion of the Event.
3.5 All Ticket purchases are subject to payment card verification and other security checks. A transaction may be cancelled if it does not pass any verification process.
3.6 If You buy a Ticket for any other person, you must bring Terms to the attention of such other Ticket holder. You must ensure that any such Ticket holder complies with these Terms and any applicable regulations.
3.7 If You, or any other Ticket holder, fails to comply with these Terms, or any applicable regulations, you or the Ticket holder (as applicable) may be refused admission to the Venue or removed from the Venue without refund or compensation.
3.8 These Terms and Order Confirmation constitute the entire agreement between us and You and the User, or Ticket holder (as applicable), to the maximum extent permitted by law.
3.9 By entering the Venue and/or using the Ticket, each Ticket holder acknowledges and agrees that they have read and understood these Terms and agrees to adhere to these Terms.
4. PAYMENT
4.1 By placing an order for Tickets, You authorize us to charge the selected method of payment for the total amount, which includes the Ticket price and any applicable merchant fees or taxes. The Site accepts payments via Visa, Mastercard and American Express. All payments will be processed via Stripe and ticketing will be managed through Humanatix.
4.2 When you purchase Tickets to the Event, you agree to the terms and conditions and privacy policies of Stripe and Humanatix:
4.2.1 Stripe: https://stripe.com/au/legal/consumer
4.2.2 Humanitix: https://static.humanitix.com/pdfs/attendee_terms.pdf
5. RECORDING WAIVER
5.1 We reserve the right to film and broadcast and transmit recorded content live or subsequent to the Event via the internet, including but not limited to our social media channels, or the social media channels of the speakers or official participants at the Event, and any other means of distribution.
5.2 You consent to the use by us (and by any third party authorised by us from time to time in connection with the Event) only for the purposes of or in connection with any publication, exhibition or broadcast about the Event (including any advertising or promotional literature, pre- or post-marketing campaign or material) in any media worldwide, in perpetuity and on a royalty-free basis, and approved by us of any still or moving picture images taken at the Event where such image includes your or any Ticket holder’s image, voice and likeness and You and any Ticket holder waives any and all privacy rights to the extent necessary to permit such use.
6. PRIVACY POLICY
By accepting these Terms, You accept and agree to comply with our Privacy Policy.
7. ADMISSION AND ATTENDANCE
7.1 Users attending the Event must abide by our rules and policies and those of the Venue. Rules and policies can also be found at the FAQ section of the Site at https://www.ripplefestival.au/faq.
7.2 Failure to follow any such rules and policies contained in our FAQs may lead to consequences, including expulsion from the Event. Your or any Ticket holder’s failure to abide those rules and policies, may also result in fines or other penalties imposed by the Venue or relevant authorities.
7.3 We reserve de right to refuse admission to (or reject from) the Venue any person (i) not complying with these Terms or (ii) who is in possession of a Ticket which has been used other than in compliance with Terms, or (iii) who contravenes any of the guidelines found at https://www.ripplefestival.au/faq.
7.4 The Venue may have a security presence at the Venue and may conduct bag checks of any Ticket holder. All Ticket holders must cooperate with any required security checks required by the Venue as a condition of entry.
7.5 Alcohol will be served responsibly to Ticket holders over the age of 18. You are responsible for your own alcohol consumption. We reserve the right to eject you from the Event where alcohol is not consumed responsibly by you or by minors under your supervision and care.
7.6 We reserve the right to expel a Ticket holder from the Event where they:
7.6.1 behave away that poses are danger, with actual, perceived or threatened, to the health, safety well-being of any person;
7.6.2 cause damage to destruction of property;
7.6.3 commit or attempt to commit or unknowingly involved in the theft of any property;
7.6.4 possess, use or sell, or deliberately assist any person to possess, use or sell drugs or illicit substances; or
7.6.5 You fail to comply with a reasonable request of any of our staff or volunteers such that you pose a threat to the health, safety or well-being of any other Ticket holder or patron of the Venue.
7.7 You must not make, create, store, record or transmit any kind of sound recording, visual footage or audio-visual footage (“Recording”), or store, record or transmit any information or other data, in relation to the Event for commercial gain or for any other purpose (except for your private enjoyment) without our prior written consent.
7.8 Recordings used in breach of clause 7.4 will constitute a breach of these Terms for which you may be liable; and (ii) on our request, you agree to assign to us in writing the copyright and all other intellectual property in any image or Recording that you create, make, store or record of, at or in relation to the Event.
8. CANCELLATIONS AND REFUNDS
8.1 Purchased Tickets are non-cancellable and non-refundable, to the maximum extent permitted by law.
8.2 If You are unable to attend the Event, You are permitted to transfer your Ticket to another attendee.
8.3 Cancellation of Events: In case of a cancellation of the Ripple Festival Events, Tickets will be refunded where the Event cannot be rescheduled or where the rescheduled date is not suitable.
8.4 If an Event is cancelled or rescheduled, we will notify You of the cancellation or rescheduled date via the email address or other contact details you provided to us when purchasing your Ticket.
8.5 If You transfer a Ticket to a third party, it is Your responsibility to inform the Ticket holder of any changes.
8.6 We reserve the right to reschedule the Events in any time and under any circumstance during the Ripple Festival.
8.7 If the cancellation of the Ripple Festival or any Event arises from an Event Outside Our Control, You and any Ticket holder hereby accept and recognise that you will not have any right to be refunded or compensated in any manner unless and only to the extent that we are able to be compensated by the Venue or any policy of insurance. In case of cancellation under these circumstances, we will not be deemed in default of any obligations to You, or otherwise liable or responsible for any failure to perform, or delay in performance of any obligations, to the maximum extent permitted by law.
9. UNLAWFUL ACTIVITY
The use of the Site for any unlawful conduct is prohibited. All Users must comply with all local, state, federal and international laws, ordinances and regulations and agree not to use any false information or use an invalid or unauthorized credit or debit card to purchase any Tickets. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorised purpose.
10. NO WARRANTY
10.1 We disclaim, to the fullest extent permitted under applicable law, all warranties, express or implied, with respect to the Site, the Event any Tickets obtained through the Site, including, without limitation, implied warranties of title, non-infringement of third party rights, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of the conduct of any Event.
10.2 We do not warrant that Your use of the Site will be uninterrupted, error-free or secure, that defects will be corrected, or that the site is free of viruses or other harmful components. You assume all responsibility and risk for use of the Site, including but not limited to any third-party links you access via the Site. Your use of the Site is entirely at Your risk.
11. LIMITATION OF LIABILITY
11.1 You and any Ticket holder you transfer your Ticket to expressly acknowledge and agree that we shall have no liability or responsibility whatsoever, other than as expressly set out in these Terms and otherwise to the maximum extent permitted by law, for:
11.1.1 any action of another user of the Site;
11.1.2 personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from your access to and use of the Site or attendance at any Event, including any claim, cause of action, obligation, liability, right, or remedy whether or not arising from our proven negligence;
11.1.3 any interruption or delay impacting any Event;
11.1.4 any interruption or cessation of transmission to or from the Site;
11.1.5 any bugs, viruses, ransomware, data breach, defects or other items or causes of a destructive nature which may be transmitted to or through the Site or caused by any third party, including any payment gateway (including Stripe) or ticketing platform (including Humanatix);
11.1.6 any error, mistake, inaccuracy or omission in any information, material, or for any loss or damage of any kind incurred as a result of the use of any materials or information available through the Site; or
11.1.7 any damage, loss, theft or destruction of any of your personal belongings during your attendance at any Event.
11.2 To the maximum extent permitted by law:
11.2.1 Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site. Our maximum liability and Your sole and exclusive remedy, for all direct damages and/or losses suffered by you and any causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall be the total amount paid by you, if any, to access the Site.
11.2.2 Your sole and exclusive remedy for dissatisfaction with the Event is to leave the Event. Our maximum liability and Your sole and exclusive remedy, for all direct damages and/or losses suffered by you and any causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall be the total amount paid by you, if any, to access the Event.
12. CHANGES IN SITE TERMS AND CONDITIONS & EVENT DETAILS
12.1 We reserve the right, in our sole discretion, to change these Terms at any time. If we change any term or condition, such change shall be posted on the Site and shall automatically replace the terms and conditions and become binding on all users of this Site from the date of posting.
12.2 Your continued use of the Site following our posting of revised terms and conditions constitute your acceptance of the then amended Terms, which constitute the legally binding agreement between You and us.
12.3 It is your responsibility to check the Site from time to time for announcements of any changes to Event details, including date, time, speakers, entertainment or any changes to Venue terms and conditions.
12.4 It is your responsibility to inform any Ticket holder to whom you transfer your Ticket of the existence of the Site and any announcements of any changes to Event details, including date, time, speakers, entertainment or any changes to Venue terms and conditions.
12.5 We will use all reasonable endeavours to post any changes that may impact attendance at the Event on the Site within a reasonable time of becoming aware of any such change.
13. EVENTS OUTSIDE OUR CONTROL
We will not be deemed to be in default or otherwise liable or responsible for any failure to perform, or delay in performance of, any of our obligations, including but not limited to delivering the exact lineup and timing of Event activities during the Ripple Festival, caused by an Event Outside Our Control, and You indemnify us against any loss, cost, expense, damage or liability arising from any Event Outside Our Control and its consequences for You or any Ticket Holder, to the maximum extent permitted by law.
14. ADDITIONAL PROVISIONS
14.1 No agency, partnership, joint venture or other relationship is intended or created by Your use of the Site or attendance at any Event.
14.2 All contents of the Site or affiliated platforms are copyright works belonging to us. All rights reserved. The content of the Site or platform has been carefully prepared and is regularly updated. Nevertheless, we cannot guarantee that all information is accurate or free of error.
14.3 These Terms contain the entire understanding of the parties with respect to the matters contained herein and supersede and replacee in the entirety any and all prior communications and contemporaneous agreements and understandings between You and us, whether oral, written, electronic or implied, to the maximum extent permitted by law.
14.4 If any provision of these Terms is held to be invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions of these Terms shall not be affected.
14.5 Any provision of these Terms that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
14.6 Any dispute arising from the use of the Site, these Terms or any matter arising from these Terms will be dealt with in accordance with the laws of the State of Victoria and any dispute will be determined by the relevant Victorian tribunal or Court, or relevant court of appeal.