Terms & Conditions
Terms & Conditions
The UNIFY Off The Record music event (the Event) to be held on various dates across May and June 2023 (Event Dates) at various venues across Australia (the Venue) is presented by UNIFIED Music Group Pty Ltd (ACN 147 772 629) (UNIFIED) of 51 Wangaratta Street, Richmond VIC 3121.
Events tickets are sold and entry to the Event are subject to these terms and conditions (the Terms and Conditions), which form part of a binding agreement between UNIFIED and the ticket purchaser and/or the ticket holder or user, irrespective of whether the ticket was purchased by the person holding or using the ticket (individually and collectively the Patron / you).
The Terms and Conditions should be read together with: the Privacy Policy (available at www.unifygathering.com/privacy-policy) the terms and conditions of any ticket merchant or reseller through which Event tickets are sold (save that to the extent of any inconsistency, these Terms and Conditions shall prevail), the terms and conditions and policies of any website via which Event tickets are sold (including www.unifygathering.com, being the Event Website), any other terms issued by UNIFIED available at the Event Website or otherwise communicated to the Patrons by UNIFIED prior to or at the Event and any entry terms and conditions or policies imposed or required by the relevant Venue (together, the Event Terms).
UNIFIED reserves the rights to vary the Event Terms at any time and will publish any such variations via the Event Website. You acknowledge and agree that it is your responsibility to check any variations on the Event Website and you agree that by attending the Event, you accept any such variations.
LAST UPDATED: 4th May 2023
BY PURCHASING A TICKET AND/OR ENTERING THE EVENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THE EVENT TERMS AND AGREE THAT YOU WILL BE BOUND BY THOSE EVENTS TERMS AS AMENDED FROM TIME TO TIME.
For the purposes of these Terms and Conditions, Event Staff means UNIFIED’s directors, partners, employees, contractors, agents and any Venue staff.
1. TICKETS
1.1 Events tickets are only sold via a publicly advertised third-party ticketing partner. No other third-party is authorised as a primary ticket outlet for the Event. You are solely responsible for any booking, processing and payment fees and charges (together, Transaction Charges) in connection with the sale of the Event tickets (which may be additional to the price of the ticket advertised by UNIFIED) (being the Advertised Price).
1.2 Only ‘mobile tickets’ will be available for the Event.
1.3 UNIFIED may authorise resale via Tixel or other resale platform, in its sole discretion. The unauthorised re-selling of Event tickets or offering for sale, transfer or attempted transfer for profit or commercial advantage is not permitted at any time. This includes any use of Event tickets for advertising, promotion or other commercial purposes (including competitions or other trade promotions). An Event ticket sold or offered for sale or used in prohibition of this term is invalid and the holder of any such ticket may be refused entry to Event, without refund.
1.4 You may be permitted to transfer an Event ticket through the authorised ticketing partner however additional costs may apply.
1.5 UNIFIED reserves the right to enforce any publicly advertised limit on the number of Event tickets that can be purchased by one individual and any Event tickets purchased or held by a Patron more than this limit may be cancelled without refund.
1.6 Any complimentary Event tickets provided by UNIFIED may not be sold, transferred or used by anyone other than the person to whom UNIFIED issued the ticket.
2. ENTRY
Tickets
2.1 Unless stated otherwise, valid Event tickets permit entry to the Venue on the relevant Event Date.
2.2 Valid photo identification under applicable laws will be required for all ticket holders to enter the relevant Venue. Any failure to produce photo identification, may result in cancellation of the ticket without refund, refusal of entry to the Event and/or eviction from the Event.
2.3 You acknowledge that entry the relevant Venue may be subject to complying with additional terms and conditions imposed by the relevant Venue or Venue Staff which may be made available to you before the Event, via the Venue’s website or at the Venue.
Consent to Search and Prohibited Items
2.4 Patrons’ admission to the Event is conditional on a search of their person and possessions. Patrons must consent to a search of bags, containers and person for glass, weapons, lasers, fireworks or flares, gas bottles, animals (excluding authorised guide/companion dogs), selfie sticks, drones, alcohol and illicit drugs and any other prohibited items (as set out in the Event Terms or as otherwise reasonably determined by Event Staff) (Prohibited Items). Refusal to consent to a search will prevent entry to the Event or eviction, without refund.
2.5 Any patron possessing a Prohibited Item may not be admitted and/or may be evicted from the Event in the Event Staffs’ discretion. The Prohibited item will be confiscated, and it will not be returned.
2.6 Recording devices such as video cameras or audio recorders are not permitted at the Event without authority from UNIFIED. Small still cameras and mobile phones are permitted for personal use only and any photos or videos taken by Patrons during the Event are only to be used for private and personal use (i.e., not to be made available for sale, and/or public display or otherwise used for commercial purposes).
2.7 UNIFIED reserves the right to refuse a Patron admission to the Event and/or to evict any person from the Event if they are affected by alcohol or drugs.
3. COVID-19 SPECIAL CONDITIONS
COVID-19 Entry Conditions
3.1 By entering the Event you warrant that you are complying with all relevant state or federal laws, regulations, recommendations or guidelines in respect of, or related to, COVID-19.
3.2 You acknowledge and agree that if you are unable to attend the Event due to having or being suspected as having COVID-19, you will not be entitled to a refund.
3.3 You acknowledge and agree that UNIFIED and/or the Venue may implement lawful entry requirements related to COVID-19 including for the purposes of (i) complying with any government law, restriction, rule or recommendation, (ii) ensuring compliance with any government approved plan, (iii) complying with UNIFIED’s insurance provider requirements or requests or as reasonably determined by UNIFIED for the protection of Event Staff and Patrons and that failure to comply with these requirements may prevent you from entering the Event and provided such requirements are reasonably necessary or desirable for the safety of the Event, Patrons and Event Staff and are otherwise lawful, unless otherwise required by law, you shall not be entitled to a refund regardless of whether or not such requirements were in place at the time of Event Ticket purchase.
COVID-19 Event Conditions
3.4 You agree that in travel to the Event, during the Event and exiting the Event, you will comply with any law, government regulation, restriction or health order related to COVID-19.
3.5 You agree to follow all other rules or restrictions notified by UNIFIED at or during the Event, written instructions, signage and directions of Event Staff in relation to measures to prevent the spread of COVID-19 (including in relation to contact tracing).
4. DURING THE EVENT
Compliance with Laws and Directions
4.1 You must follow all reasonable and lawful directions of Event Staff and signage at the Event and comply with all applicable laws and regulations (including in relation to liquor licensing and smoking or vaping).
Conduct during the Event
4.2 UNIFIED reserves the right to refuse entry or evict any Patron from the Event if they reasonably determine that they have, may or are attempting to engage in illegal activity, are engaging in behaviour that (in UNIFIED’s reasonable opinion) is unsafe or disorderly, the Patron appears intoxicated by alcohol or drugs, if a Patron engages in moshing, crowd surfs or stage dives or climbs the staging, rigging or other structures at the Event, if a Patron attempts to enter a non-public or otherwise prohibited area, if the Patron causes damages to property, if the Patron acts in a violent, threatening, inappropriate, abusive or discriminatory manner or otherwise interferes with any other person’s enjoyment of the Event.
Limited Capacity Areas
4.3 UNIFIED reserves the right to limit the capacity of the number of people that can attend certain areas of the Venue (Limited Capacity Areas). Once capacity has been reached, UNIFIED may in its sole discretion prevent further people to enter the relevant Limited Capacity Area. You acknowledge and agree that the Event ticket and entry to the Event does not guarantee entry to all parts of the Venue at all times.
Pass-outs
4.4 There are no pass-outs for the Event unless authorised by the Promoter or Event staff.
Alcohol
4.5 UNIFIED reserves the right to confiscate any alcohol purchased by Patrons if in the opinion of Event Staff any Patron is intoxicated or acting in a disorderly manner.
5. BREACH / REFUSAL OF ENTRY and REMOVAL FROM THE EVENT
5.1 Any breach of the Event Terms or unlawful conduct will entitle UNIFIED and/or Event Staff to: refuse entry to the Event, evict the Patron from the Event and/or Venue without refund, and/or deem any Event ticket held or used by that Patron to be void. If relevant, UNIFIED may also seek to have a Patron detained by local law authority.
5.2 If you are lawfully removed from the Event and/or denied entry to the Event in accordance with the Event Terms, you will not be entitled to any ticket refund and/or compensation.
6. REFUND POLICY and CHANGES, POSTPONEMENTS AND CANCELLATIONS
General Refund Policy
6.1 Except where set out in these Terms and Conditions or as otherwise required by law, Event tickets are non-refundable. A change in personal circumstances or an incorrect purchase DO NOT qualify for a refund or exchange. UNIFIED may consider such a refund at its own discretion.
6.2 UNIFIED reserves the right to make changes or alterations to the Event, including the date or venue, the line-up, the advertised program, the entry and exit times, the amenities, facilities, attractions/entertainment, layout and format of the Event (including whether dancing shall be permitted or seating areas available). In such circumstances, you shall only be entitled to a refund where required by law (including the Australian Consumer Law) or as set out in these Terms and Conditions, and otherwise you will not be entitled to a refund or other compensation in the event of such changes.
6. 3 Unless specified otherwise by UNIFIED, any refunds will be facilitated by the relevant authorised ticketing partner for the relevant Event and only the original purchaser of a ticket will be entitled to any available refund (this includes any resold or forwarded ticket) and refunds will be processed to the original method of payment.
Cancellations, Changes or Postponements outside of our control
6.4 Except as required by law, where an event is postponed or altered due to circumstances outside of UNIFIED’s control (including without limitation, due to severe weather, communicable disease outbreak or other health crisis or an act of war or terrorism), Patrons will not be entitled to a refund or other remedy and UNIFIED will consider refunds in its sole discretion.
6.5 Where an event is entirely cancelled (with no postponed or alternative dates), due to circumstances outside of UNIFIED’s control (including without limitation, due to severe weather, communicable disease outbreak or other health crisis or an act of war or terrorism), Patrons will be entitled to a refund in respect the Event ticket (including booking fees) but will not be entitled to a refund in respect of any related expenses (such as travel and accommodation).
Consumer Law
6.6 You retain all rights as a Consumer under the Australian Consumer Law when purchasing tickets to the Event. Nothing in the Event Terms (including these Terms and Conditions) shall limit, restrict or exclude any of your rights under the Australian Consumer Law (including any consumer guarantees) or other non-excludable conditions or guarantees at law.
7. INDEMNITY
Patrons indemnify UNIFIED and Event Staff against any loss, damages or expenses, including but not limited to reasonable fees and legal costs, which UNIFIED or Event Staff may suffer or incur directly or indirectly as a result of any claim, action or proceeding (including threatened claims, actions or proceedings) directly or indirectly in relation to the Patron’s wilful, negligent or reckless acts or omissions at, prior to or after the Event or as a result of a breach of the Event Terms.
8. LIABILITY
8.1 The Event is provided ‘as is’ and to the extent permitted by law, UNIFIED makes no warranties or representations regarding the suitability of the Event, and any photos of past events used in connection with promotion and marketing of the Event are illustrative only and should not be relied upon as an accurate description of the Event. Without limitation, you acknowledge and agree that UNIFIED may need to make significant changes to the Event or entry requirements in response to COVID-19 and to comply with any related government laws, regulations, health orders, restrictions or recommendations and such changes may occur after you purchase your Event ticket.
8.2 Entry is at the Patron’s own risk. Patrons are asked to wear appropriate footwear and earplugs if necessary to do so. UNIFIED will not be held liable for any hearing damage or loss caused by excessive noise or otherwise. Please be aware that strobe lighting and flashing lights will be used during some of the performances and neither UNIFIED nor the performing artists will be liable for any injuries or damages caused by such lighting.
8.3 To the fullest extent permitted by law, UNIFIED does not accept liability of any nature for the acts, omissions or default of those providing services in connection with the Event or any liability for any injury, damage, loss, delay or additional expenses which are incurred or sustained entering, at or in association with the Event or purchase of the Event ticket. UNIFIED shall not be held liable for any loss, injury or damages sustained entering, or leaving or at the Event. This includes any indirect, consequential, exemplary or special damages.
8.4 Notwithstanding anything else in these Terms and Conditions, if any of the exclusions or limitations set out above are declared illegal or void, then to the extent permitted by law, UNIFIED’s liability for breach of any term, condition, warranty, statement, or assurance contained or related to the Event Terms is limited to the retail value of the Event ticket. Where permitted under the Australian Consumer Law, UNIFIED limits its liability in respect of any breach of any statutory guarantee under the Australian Consumer Law in the manner set out in section 64A(2)(b) of the Australian Consumer Law.
8.5 Personal property is taken onto the Event site at the Patron’s own risk. UNIFIED takes no responsibility for, nor will replace or refund the cost of lost, stolen, damaged items, including in the Event of an emergency evacuation.
8.6 To the full extent permitted by law, Patrons waive all legal rights of action against and fully release UNIFIED, its agents, employees, members and volunteers for all claims of compensation for loss, damage, injury or death howsoever arising out of or in relation to the patron’s participation in the Event including without limitation, liability for any negligent or tortious act or omission on the part of the persons released or under statute or for breach of these Terms and Conditions.
9. CONSENT
9.1 In the event of injury or medical treatment requiring more than basic First Aid, UNIFIED may, at the expense of the Patron, arrange medical treatment or emergency evacuation as deemed necessary by the Event First Aid Team or Event Staff in their discretion. Entry is conditional on the patron consenting to UNIFIED and/or any authorised third-party healthcare provider having access to your medical information in the event of such emergency.
9.2 By entering the Event, you acknowledge and agree that you may be included in audio and/or audio-visual recordings and images taken of the Event by UNIFIED, Event Staff or an authorised third-party (Event Materials). To the extent you own, hold or control any rights (including moral rights) in and to the Event Materials, you irrevocably assign those rights to UNIFIED or waive such rights (as applicable). UNIFIED shall have the right to use and/or exploit the Event Materials in any and all media, in perpetuity, throughout the world (including for marketing, promotional or commercial purposes).
9.3 It is a condition of purchase of an Event ticket that the Patron consents to UNIFIED and any other authorised third party, collecting and retaining their personal information. UNIFIED will hold your personal information in accordance with the Privacy Act 1988 (Cth) and its privacy policy.
10. MISCELLANEOUS
10.1 UNIFIED may freely assign its rights and/or novate its obligations under the Terms and Conditions. Where the novatee assumes the obligations of UNIFIED, UNIFIED shall be released from all such obligations.
10. 2 Any provision of the Terms and Conditions which are or becomes unenforceable shall be severed from these Terms and Conditions or read down (to the extent unenforceable) and will not invalidate the remainder of that provision or other provisions of the Terms and Conditions.
10.3 These Terms and Conditions are governed by the laws of Victoria, Australia and the parties irrevocably submit to the jurisdiction of the courts in that jurisdiction.
