1. About the Website
- Welcome to the Imagineers Festival website (the Website). The Website is owned and operated by Montessori International College Limited ACN 128 971 828.
- The Website provides you with an opportunity to:
– browse and purchase our Products; and/or
– browse and purchase our services; and/or
_ browse and view material or information where there is no paid supply or offer for purchase (our Services).
- Please read the terms and conditions carefully as they govern your access to our Website (the Terms).
- By using our Website, you agree that you are bound by the Terms. If you do not agree with these Terms, you must not use our Website or purchase any of our products or services.
- These Terms may be updated by us at any time, and by continuing to use the Website, you accept these Terms as they apply at the time. When MIC updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
In these Terms, unless the context otherwise requires,
- Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Festival includes MIC Imagineers Festivals, as well as other festivals and events which are operated by MIC or its related bodies corporate.
- Intellectual Property means all intellectual and industrial property rights (such as copyright and related Rights), all Rights in relation to inventions (including patents and patent Rights), all registered and unregistered trade-marks, all Rights relating to registered designs, and all other Rights resulting from intellectual activity in the artistic, literary or scientific fields excluding any moral attribution Rights.
- MIC, we, us, or our mean Montessori International College Limited ACN 128 971 828.
- Personal Information is information we hold which is identifiable as being about you. The includes information such as your name, contact details (such as address, telephone, occupation, email address, etc), identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
- Product means any good or service provided or offered for sale or rental by MIC, including (without limitation):
– Festival tickets and alternative content tickets;
– gift vouchers;
– food and beverage items; and
– accessories and ancillary services.
- Site means this website.
- You/your means any person who accesses our Website or contacts us in person, by email or phone with regard to the products and services provided by us.
3. Using this Site
3.1 Accessing and Using this Site
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by MIC in the user interface.
- MIC reserves the right to deny access to this Site for any conduct that (in its discretion) it believes to be unlawful or in breach of these Terms.
3.2 Prohibited Activities
You must not, and must not attempt to, or assist any other person to:
- use any of the content on this Site (including Festival concepts or ideas) for commercial purposes or gain, or to establish or operate your own product or offering;
- use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
- interfere with or disrupt the operation of this Site or the servers or networks that host the Site;
- interfere with security-related or other features of the Site;
- use this Site in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of this Site;
- use this Site to transmit, submit, convey or transfer any material or information that:
– is unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise breach any applicable law;
– infringes the rights of MIC or any other person;
– is the Personal Information of any other person without that person’s consent, or would otherwise infringe another person’s privacy rights;
– is protected by copyright, trade mark or any other intellectual property right without first obtaining the permission of the owner or relevant right holder, or would otherwise infringe the intellectual property rights of any person; or
– contains or comprises any malicious software of any description.
MIC may refer fraudulent, abusive, or illegal activity to the relevant authorities and reserves its rights to disclose the full details of any such conduct (including any associated Personal Information).
4. Site Content
4.1 Information Published on the Site
MIC publishes information on the Site, including:
– Festival information;
– prices for Festival tickets;
– Festival trading hours; and
– Festival facilities and access.
This information may change from time to time. MIC uses reasonable efforts to ensure that information published on the Site is accurate and up to date but does not guarantee the accuracy of any information published on its Site.
4.2 Advertising and Links to Third Party Websites
- MIC may, from time to time, publish on the Site links to websites controlled by third parties (Linked Sites), including for advertising purposes. Unless expressly published otherwise, Linked Sites are not controlled by MIC.
- MIC is not responsible for and does not warrant the accuracy of any content of any Linked Site. You agree that your use of (or navigation to) any Linked Site is entirely at your own risk.
4.3 Site Maintenance
The Site may occasionally be unavailable or operate with reduced functionality due to maintenance. MIC provides no warranty that the Site will be operational at any time, and no warranties in relation to the content of any Linked Sites.
4.4 Intellectual Property
All copyright, trade marks, and other Intellectual Property rights existing in (or in respect of) the Site, and any materials displayed or used on the Site, must not be copied, reproduced, communicated, adapted, distributed, sold, modified, published, or otherwise used without MIC’s express prior written consent.
5.1 Consent to Collection and Use of Personal Information
- By using this Site or by purchasing any Products or services from this Site, or by submitting any information to this Site, you agree to the collection and use by MIC of your Personal Information in accordance with this policy.
MIC uses ‘cookies’ and other technologies to track your use of this Site and to adjust the content displayed on this Site. You can disable cookies and the tracking technologies we use and still access the Site.
6. Purchasing Products via the Site
6.1 Formation of Contract
Your use of the Site and/or purchase of any Product or service through this Site forms a legally binding agreement between you and MIC. This clause 6 sets out the terms that govern the sale of Products to you via the Site.
6.2 Age Restriction
Children under the age of 16 must obtain the permission of their parent or guardian to purchase any Product or service through this Site.
- In using the Services to obtain a supply of Products or services through the Website, you agree to the payment of the purchase price listed on the Website for the supply (the Purchase Price).
- Payment of the Purchase Price may be made through the payment gateway made available to you on the Website, for example, Stripe or PayPal or other available payment processors (the Payment Gateway Provider). Electronic Funds Transfer (EFT) and other payment methods may also be available upon request at the sole discretion of MIC.
- Following confirmation of your payment of the Purchase Price, you will be issued with a receipt to confirm that payment has been received, and you authorise MIC to record your purchase details for future use.
- You acknowledge and agree that where a request for a payment due is returned or rejected by your financial institution, or unpaid for any other reason, you are liable for any costs or surcharges associated with the non-payment.
- Any prices displayed on our Website are subject to change without notice.
- You agree and acknowledge that MIC can vary the Purchase Price at any time prior to payment by you.
6.4 Order Confirmation
- Details of all successful and completed ticket purchase orders are sent to the purchaser (in the form of a confirmation page or email) with a confirmation number.
- If you do not receive a confirmation number after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with MIC whether or not your order has been placed.
- Only you may be aware of any problems that may occur during the purchase process. MIC will not be responsible for losses (monetary or otherwise) if you assumed that an order was not placed because you failed to receive confirmation.
6.5 Refund and Return Policy
- Before purchasing tickets, carefully review the event details.
- Subject to any statutory rights of refund (including, without limitation, the provisions of the Australian Consumer Law), if an event takes place then generally there is no right to a refund or exchange, including where a ticket holder cannot attend because of adverse weather conditions.
- Subject to clause 8, refunds or exchanges are not available if you:
– simply change your mind about Products you have purchased;
– have mistakenly purchased the wrong Product; or
– are unable to provide proof of purchase.
7. No Re-Sale or Promotional Use
Products or services obtained from this Site (including Festival tickets) may not be re-sold, on-supplied or transferred for commercial, consumer or promotional purposes, bundled with other goods or services, or used for promotional purposes without MIC’s prior written consent.
This clause sets out MIC’s policies that may affect your ability to obtain or use any Products or services you purchase via this Site.
8.1 Alcohol or Drugs
- Personal manufacture, distribution, dispensation, possession or use of controlled substances (unless proven to be medically required and prescribed), alcohol or illegal drugs while attending the Festival are strictly prohibited.
- You acknowledge that the Festival is an alcohol and smoke-free event.
8.2 You Are Subject to Search
You may be requested to submit yourself and your belongings to a search on entry to an event for which you hold a ticket. By purchasing a ticket from MIC or using a ticket to gain entry into an event, you consent to such searches and waive any related claims that may arise (to the extent permissible by law). If you withdraw your consent to such searches, you may be denied entry to the event without refund or other compensation.
8.3 Cancelled Festival
- Occasionally, events are cancelled or postponed due to weather conditions or other situations which may affect the performers, staff or audience. If an event is cancelled, please contact MIC for information on receiving a refund.
- Unless indicated otherwise in relation to a particular event, if an event is cancelled or rescheduled, ticket purchasers will be offered tickets to any rescheduled event up to the face value of the original tickets or, if the ticket purchaser is unable to attend the rescheduled event (or the event is not rescheduled), a refund, at MIC’s sole discretion.
- Refunds for tickets purchased prior to the date of the original event will be given up to the amount paid for the tickets (including transaction handling fees) but will normally exclude any delivery fees paid in respect of the tickets.
- Contact MIC on email@example.com with any queries if an event is cancelled or rescheduled.
- Please make sure to include/provide your MIC order number so we can expedite your refund (if applicable).
- It is your responsibility to ascertain whether an event has been cancelled, and the date and time of any rescheduled event. If an event is cancelled or rescheduled, we will use reasonable endeavours to notify ticket purchasers of the cancellation.
- We do not guarantee that ticket purchasers will be informed of such cancellation before the date of the event.
9. Exclusion of Warranties and Limitation of Liability
9.1 This Clause Prevails
This clause prevails over all other clauses in these Terms. To the extent permitted by law, this clause states MIC’s entire liability, and your sole and exclusive remedies, for:
- the performance, non-performance, purported performance, or delay in performance of any obligation MIC has under these Terms, or in respect of any representation made on this Site; or
- otherwise in relation to these Terms.
9.2 Your Rights
You may be entitled to certain statutory rights and guarantees to consumers that cannot be excluded, including those provided for under the Australian Consumer Law. Nothing in these Terms is intended to exclude or restrict any of your statutory rights as a consumer or MIC’s liability for:
- any breach of the obligations implied by law; or
- any other liability which cannot be excluded or limited by applicable law.
10. MIC’s Obligations
In performing any of its obligations under these Terms, or under any contract it has with you, MIC’s only duty is to exercise reasonable care and skill.
11. Exclusion and Limitation of Liability
- Subject to clause 10 (MIC’s obligations) and to the extent permitted by law, MIC excludes all liability of any kind for and in respect of:
– the accuracy, completeness, fitness for purpose, or legality of any information accessed through or displayed on the Site;
– the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
– any breach of any statutory or common law duty other than any such liability arising pursuant to these Terms.
- Our Products and services come with guarantees that cannot be excluded under the Australian Consumer Law
- For major failures with the service, you are entitled:
– to cancel your service contract with us; and
– to a refund for the unused portion, or to compensation for its reduced value
- You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
- If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
12. Governing Law
These Terms are governed by the laws of Queensland, Australia.
If you have questions about our Products or services, this Site, or these Terms, you can contact MIC by email on: firstname.lastname@example.org.