1. Who we are
  2. About these terms and conditions
  3. About copyright in our Website, Programme and the App
  4. About trade marks on our Website, the Programme and the App
  5. About the accuracy of information
  6. About visitor material
  7. About the Internet, service interruption, viruses, etc
  8. About personal data and our privacy statement
  9. Registration
  10. Gift Vouchers
  11. Purchasing Tickets
  12. Registering a Performance
  13. App Licensing Terms
  14. Advertising Terms
  15. About our liability to you
  16. General


1. Who we are (Back to Top)

1.1 We are Anywhere Theatre Festival Limited, a non-profit company limited by guarantee (ABN 84 146 810 639 and ACNC 146 810 639) which sells tickets for the Anywhere Theatre Festival (“ATF”), and memberships through ATF’s “Up Your Arts” program.

1.2 Our principal place of business is at 117 Mina Parade, Alderley QLD 4051. The main telephone number for our office is 07 3102 4683. Please remember that throughout the terms that follow, unless otherwise stated, when we mention ‘we’, ‘us’, ‘our’, etc, we mean Anywhere Theatre Festival Limited, Anywhere Festival Limited and Up Your Arts. When we refer to ‘you’ we mean (i) the user and/or browser of our Website or App (both as defined below), including those users buying tickets and/or goods; (ii) persons, organisations or companies booking adverts; and (iii) those persons, organisations or companies registering a show or venue for the Anywhere Festivals.


2. About these terms and conditions (Back to Top)

2.1 You are reading the terms and conditions for:

(a) use of the Anywhere Theatre Festival website (www.anywherefest.com including www.anywherefest.com/buy-tickets and www.anywheretheatre.com/ (the “Website”);

(b) the Anywhere Theatre Festival mobile app for iPhone and Android (the “App”);

(c) the Anywhere Theatre Festival programme and Participants’ Events Programme (the “Programme”);

(d) advertising in (including but not limited to) the Programme and/or the Website;

(e) registering a show or venue at the Anywhere Theatre Festival;

(f) membership of the Anywhere Theatre Festival Up Your Arts scheme (“Membership”); and

2.2 By accessing any part of the Website or App (including, without limitation purchasing tickets and/or goods), booking advertising with us, and/or registering a show at the Anywhere Theatre Festival, you shall be deemed to have accepted these terms and conditions in full and they form a legally binding contract between us and you. If you do not accept the terms and conditions or any part of them you should immediately:

(a) stop using the Website or App (as the case may be)

(b) contact us to remove your advert or show from the Anywhere Theatre Festival. If you breach any of these terms and conditions, your permission to use the Website or App, order an advert or register a show (as the case may be) automatically terminates. These terms and conditions apply from first use of the Website or the App.

2.3 We reserve the right to make changes to these terms and conditions from time to time in order to reflect changes in:

(a)our ordering and/or delivery process in respect of goods and/or tickets;

(b)the registration process;

(c)the membership scheme;

(d)terms relating to usage of the App, advertising, and/or registration of a show.

These changes will take effect from the date of posting on the Website and the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue to use the Website or App. Your continued use of the Website or App (or any part thereof) or failure to advise us to remove your advert or show, will mark your acceptance of any changes to the terms and conditions.

2.4 We may from time to time display additional terms and conditions on the Website or App – for example, in connection with a specific promotion or the sale of goods or services. If the terms and conditions for use of the Website or App should conflict in any way with such additional terms then the additional terms will prevail.


3. About copyright in our Website, Programme and the App (Back to Top)

3.1 The copyright and other intellectual property rights in and to all images, graphics, text, applets, scripts and other material or content on, or part of the Website or the App (the ‘Website/App information’) or in the Programme are owned by us or our licensors unless otherwise stated. You may view the Website/App information in a web browser or on your mobile phone or handheld device for private browsing purposes only. Copying Website/App information into a computer cache or storage device for private on- or offline browsing purposes is also permitted, provided that:

(a) no modifications are made to the Website/App information;

(b) text is copied in its entire context;

(c) no graphics on the Website or App are used separately from the corresponding text; and

(d) all relevant copyright and trade mark notices appear in all copies.

You may not make a copy in whole or in part of the Website/App information, for any other purpose without our prior written consent, which may be granted at our discretion (or where we do not own the copyright, we will direct you to the owner themselves for such consent). Nothing in these terms and conditions or on our Website or App constitutes a licence to use, copy or distribute the Website/App information except as expressly stated in these terms and conditions. For avoidance of doubt we (or our licensors as the case may be) shall own the copyright in any downloaded or printed extracts from the Website and the App.

3.2 If you breach any of these terms and conditions, your permission to browse, download or print information from the Website or the App automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website or App.

3.3 Occasionally, we may publish images or text for which the copyright is not owned by us. Where this is done, and where practicable, we acknowledge the copyright owner.


4. About trade marks on our Website, the Programme and the App (Back to Top)

4.1 Unless otherwise stated, the trademarks displayed or referred to on the Website, the App or the Programme are owned by us or our licensors.

4.2 Where practicable, we acknowledge the owners of all other trademarks which are referred to on the Website, the App or the Programme.


5. About the accuracy of information (Back to Top)

5.1 Whilst we endeavour to ensure that the information on the Website, the App and the Programme is correct and up to date, such information is provided ‘as is’ and we make no representation, endorsement or warranty as to its accuracy or completeness. We will not be liable for any action taken (or not taken) in reliance upon the information on the Website or the App, and such action is taken entirely at your own risk. We reserve the right to make changes to the Website/App information in order to correct any errors or omissions (or at our discretion) without notice and without liability to you.

All information in the Programme is subject to change and shall be updated through the Website. All information in the Website shall take precedence over the information contained in the Programme and we accept no liability for any errors or omissions in the Programme.

5.2 External websites to which we provide hypertext links are not under our control, and we take no responsibility and shall not be liable in any way for their content.

5.3 It is a feature of the Website and the App that much of the information contained therein is contributed by many different third parties and we do not control those parties or their information. Opinions expressed within the Website/App information are those of the authors and do not necessarily represent our opinions.

5.4 In the unlikely event that you find any inaccurate information on the Website or the App or have any complaints about what we have published, please email: anyone {@} anywherefest.com
. We will investigate on receipt and take such action that we, in our sole discretion, determine as being appropriate, having regard to all the circumstances.


6. About visitor material (Back to Top)

6.1 Other than personally identifiable information, any material you transmit or post to the Website or the App, or submit as part of a show registration (including public reviews of shows) for publication in the Programme or Website, shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material and shall be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all commercial or non-commercial purposes.

6.2 You are prohibited from posting or transmitting to or from the Website or App, or submitting as part of a show registration (including public reviews of shows) for publication in the Programme or Website, any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience and in all cases we shall be the sole judge of whether material falls into any of these categories);

(b) for which you have not obtained all necessary licences and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or is otherwise contrary to the law of or infringes the rights of any third party, in any country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

6.3 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this clause 6.

6.4 You may not misuse the Website or the App in any other unauthorised way (including, without limitation, by hacking).

6.5 To the extent that you post, transmit or upload to the Website or App any personal data, you confirm that:

(a) where that personal data relates to you as a data subject, you consent; and

(b) where that personal data relates to any third parties, you have obtained all necessary consents, licences, approvals and permissions from each of those third parties, to the collection, processing, transmission and disclosure by us for the purposes of organising, co-ordinating, advertising and marketing shows and/or the Anywhere Theatre Festival, including the sharing of such information with carefully selected third parties for those purposes, all in accordance with our Website Privacy Policy.

6.6 You agree to indemnify, keep indemnified and hold ATF harmless in respect of any loss, costs or damages arising out of or in connection with any failure or delay by you to obtain any of the consents, licences, approvals or permissions referred to in clause 6.5.


7. About the Internet, service interruption, viruses, etc (Back to Top)

7.1 We and all other web publishers have no control over the Internet, which is a global public network of computers and the method by which you access our Website and the App. As a consequence, and in common with most web publishers, we take no responsibility for service interruption or the transmission of viruses or other malicious computer code through the Website or the App.

7.2 Whilst we endeavour to make the Website and App available at all times, we shall not be liable if for any reason the Website or App are unavailable at any time or for any period.

7.3 Access to the Website or App may be suspended without notice for any reason including (but not limited to) system failure, maintenance or repair.


8. About personal data and our privacy statement (Back to Top)

8.1 Where appropriate, we collect and hold your name, address, email address, payment details and similar information relating to you, which will hereafter be referred to as ‘personal data’. In particular, we may collect personal data from you when you are purchasing tickets through the App or tickets and/or goods through the Website in order to process your transaction.

8.2 We abide by the Privacy Act 1988 (“Privacy Act”). We undertake to maintain your privacy within the framework of the law. Except as provided for in these terms and conditions or in our Website Privacy Policy, we shall not pass personal data to any third party unless we have received your permission to do so.

8.3 If we have received your permission to do so, we will from time to time use personal data to inform you of our latest news, information, services, offers, etc, and the offers or services of third parties.

8.4 The Website makes use of cookies. Cookies are data held in your web browser. They do not in themselves identify who you are or your other personal data to us. They do allow us to monitor your use of the Website.

8.5 Our guiding principle is that your personal data is only held to allow us to support and improve your customer relationship with us. If you have any concerns about our use of your personal data, please email anyone {@} anywherefest.com
. We will investigate complaints, act on emails claiming unjustified exploitation of data, and take such further action as we, in our sole discretion, deem appropriate.

8.6 When you are purchasing tickets and/or goods we will provide you with the option to store your payment details against your account, for the ease of any future payment made by you. You will also have the option to stop us retaining your payment details at any time.

8.7 For further details about how we use your data (including the use of cookies on our Website), please see our Website Privacy Policy.


9. Registration (Back to Top)

9.1 As a user of the Website and/or App (including where you wish to register a show or order an advert, you may need to set up and maintain an account. Each registration is for a single user only and you are not permitted to share your user name and password with any other person nor with multiple users on a network. You are solely responsible for keeping your passwords confidential and secure at all times. You should notify us immediately if you become aware of any unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account. In no event shall we be responsible for any loss you may suffer as a result of any misuse of your account and/or passwords.

9.2 You agree to provide current, complete and accurate information required to complete any account registration and at other times as may be required in the course of using the Website and/or App (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, we may terminate your rights to use the Website and/or App and the services offered via such platforms. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use any Registration Data you provide (including credit card information) for maintaining your account and billing fees to any payment cards used by you.

9.3 You can register for the Website here. If you wish to register a show, you can register here.


10. Purchasing Tickets (Back to Top)

10.1 You can choose to have your tickets delivered to you via email or simply state your name in person from the event venue. All details relating to ticket bookings, including methods for purchasing tickets (and opening hours, if applicable) delivery information, collection points, handling & postage fees, refunds and exchanges are available on the event listing.

10.2 From the moment that the transaction is completed, all festival tickets are non-refundable and non-exchangeable unless a show has been cancelled or the particulars of the show change in a manner that results in you being unable or unwilling to attend, in which case we shall notify you and reimburse the price of the tickets as soon as possible. In respect of purchases through the Website or the App, completion is deemed to be once you have agreed to the terms and conditions and clicked to confirm your purchase.

10.3 No booking fee applies per transaction (not per ticket) to telephone, app and web bookings at this time. No booking fee is applied to tickets purchased in person from the event venue.


11. Purchasing Goods from the online shop on the Website (Back to Top)

The following terms apply if you are purchasing goods from the online shop on the Website (at www.anywhere.is/), in addition to the other clauses in these terms and conditions, except for clause 11 (Purchasing Tickets), clause 14 (Registering a Show), clause 15 (App Licensing Terms) and clause 16 (Advertising).

All references to “we”, “us”, “our” etc. in this clause 13 shall refer to ATF.

11.1 Ordering Process

(a) The order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

(b) After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 12.1(c).

(c) We will confirm our acceptance to you by sending you an e-mail that confirms that the goods you have ordered have been confirmed (“Ticket Confirmation”). The contract between us will only be formed when we send you the Ticket Confirmation.

11.2 Price and Payment Options

(a) The price for the products that you order will be the price quoted on the Website at the date the order is received except in the case of obvious error.

(b) All prices currently advertised are inclusive of GST (where applicable). We currently do not offer GST exemption for international customers or any geographical regions. The grand total of the order is the price of the product(s) ordered plus the booking charge.

(c) We currently only accept the following payment cards: Visa, Mastercard. The price charged to customers outside of Australia will be subjected to the exchange rate applied by the customer’s credit or debit card company. The rates are not defined or determined by us. Your credit card will be charged once you submit your order.

(d) By submitting a credit or debit card number, you represent and warrant that your use of the particular card is authorised and that all information that you submit is true and accurate, and you authorise us to charge to the card tendered all amounts payable by you to us based on the products ordered.

(e) You may be subject to validation checks and/or third party authorisations during the ordering process.

(f) You are personally liable for any orders that you place and charges that you incur.

11.3 Returns and Refunds

Unless a customer exercises their right to cancel the contract under clause 12.4 or we are unable to fulfil an order (for example, because a product has been discontinued), orders for goods made through the Website are non-refundable and non-exchangeable.

For orders placed through the Website, completion is deemed to be when the products have been delivered. However, for orders placed for postal delivery and not received, we will arrange an alternative means of fulfilling the order. You should contact us in good time to inform us of orders not received, by telephoning 07 3102 4683 5565 email ticketing {@} anywhere.is
for Website orders.

11.4 Cancellations and returns (Australia Customers Only)

(a) Customers within Australia have a legal right to cancel a contract under the Australian Competition and Consumer Commission, during the period set out in 12.4(b).

During this ‘cooling off’ period, you are entitled to decide that you do not want the goods and you can notify us of your decision to cancel the contract and receive a refund.

(b) Your legal right to cancel your contract with us starts from the date that we send you the ticket confirmation (which is after your card has been debited) which is when the contract between us is formed, until 10 days from the day after the day of receipt of your goods (the “Cancellation Period”).

(c) However, this cancellation right does not apply in the case of:

any products made to your specification or clearly personalised;

newspapers, periodicals or magazines;

perishable goods, such as food, drink or fresh flowers;

software, DVDs or CDs which have a security seal which you have opened or unsealed.

(d) Should you wish to return the goods purchased, you must write to us at ticketing {@} anywhere.is
quoting your order number within the cooling off period. If you cancel by email during the Cancellation Period, your cancellation is effective from the date you sent us the email.

(e) Should you cancel the contract within the Cancellation Period, we will refund you the price you have paid for the goods and any booking charges paid by you, to the original method of payment used to purchase the goods within 30 calendar days of the day you gave us notice of cancellation. You will receive an email confirming the refund amount.

(f) If you have received the goods, you are under a legal duty to keep the goods in your possession and to take reasonable care of the goods whilst they are in your possession. It is your responsibility to return the goods to us as soon as reasonably practicable, and at your own cost (unless the goods are damaged, faulty or mis-described, in which case we shall refund the cost of return postage to you). We strongly recommend that proof of postage is obtained when returning any part of your order. If you do not return the goods as soon as reasonably practicable, we may charge you for the direct costs of recovering the goods from you, which may result in a reduction (equivalent to the costs of recovering the goods from you) of the overall refund due to you.

11.5 Product Information

(a) We take every care and effort to ensure that all product details that appear on the Website are correct and accurate at the time when the relevant information was entered into the system. However, the actual colours you see will depend on your monitor and we cannot guarantee that images on the Website will accurately reflect the colour of the product on delivery. Where possible, we will provide measurements of sizes. Whilst these measurements are approximate, we do make every effort to ensure that they are as accurate as possible.

(b) Once an item is sold out, we endeavour to take it off the Website at the earliest opportunity as it may not be available again. We continually update our online store. There may be a delay between the time when the order is placed and the time when the order is accepted and dispatch confirmation sent out, and during this time, the stock availability relating to particular products may change. If a product you have ordered becomes out of stock before we accept the order and send you the dispatch confirmation, we shall notify you as soon as possible, will not process your order and shall refund the price you have paid for the goods including any delivery charges. Prices of products may change from time to time. From time to time our retail stores may run special local promotions (which may not be available on the Website) or we may offer special discounts online that are not available in the retail stores. If items that you order are out of stock, subject to a delay, or the price is higher than that shown on your order, we will try to contact you at the email address or telephone number you provided when placing your order. In this instance, you have the opportunity to cancel the order should you choose not to proceed. We will not process your order until we have your instructions. If we are unable to contact you, we will treat the order as cancelled, notify you in writing and refund the price you have paid for the goods including any delivery charges.

11.6 Ethical Sourcing Policy (a)

We are committed to offering you high quality products and to ensure that all our supplies are operating ethically; complying to national employment laws and regulations with particular regard to:

Minimum age of employment

Health and safety

Freedom of association and the right to collective bargaining

No discrimination

No harsh or inhumane treatment

Working hours and rates of pay

Terms of employment

(b) We will never knowingly source stock from countries that are in breach of the above regulations. Where possible, we make a continued effort to look at our suppliers’ ethical policies and monitor their principles to ensure they are maintained when dealing with their own suppliers.

11.7 Transactions We take every care to ensure information provided to us by you is as safe and secure as is practical based on the nature of the transaction. However, every transaction is conducted at your own risk, and we will not be liable for any loss suffered by you except as caused directly by negligence on our part.

11.8 Customer Support

If you have any queries relating to our shop, the products featured or the status of your order, please do not hesitate to contact us by using our Contact Form. You can also reach us via the following ways:

By Post
Anywhere Theatre Festival
PO Box 6497
Fairfield Gardens Q 4103

By Phone
+61 7 3102 4683

By Email
anyone {@} anywherefest.com


12. Applying to present a Show (Back to Top)

The following terms apply if you are applying to present a show at the Anywhere Theatre Festival or to have tickets to your event outside the festival sold through our online ticketing offer, in addition to the other clauses in these terms and conditions, except for clause 11 (Purchasing Tickets), clause 13 (Purchasing Goods from the online shop on the Website), clause 15 (App Licensing Terms) and clause 16 (Advertising). All references to “we”, “us”, “our” etc. in this clause 13 shall refer to ATF.

12.1 Submission Guidelines

(a) In order to apply for the Anywhere Theatre Festival, you are required to register on the Website and complete an Application, which will form part of your contract with ATFL (the “Show Contract”). ATFL will take you, as the person designated on the organisation contact page of the form, as the signatory.

(b) Your Show Application will only be accepted if completed in full, so please ensure you provide all the information required.

(c) After applying, you will receive confirmation that your application has been successful to be part of Anywhere Theatre Festival at which point a payment will be required to confirm participation or to ticket independently without charge unless added products and support are purchased..

12.2 Terms of Your Contract

(a) Your submission of the Application and our approval of your Application with the required payment entitles:

tickets for your submitted show(s) to be exclusively available for purchase through the festival booking system. A commission of 10% is charged on all for shows that are within any Anywhere Theatre Festival. There is no fee for tickets to performances ticketed independently. (Tickets sold at the performance at your venue are not provided by the festival booking system and no commission is taken); and

you to payment of all returns made through tickets sold through the festival booking system, less the stated commission charges or additional previously agreed fees, if applicable. Ticket sale revenues can be sent to the organisation contact listed on the booking form, the performer/performing company, the venue or another individual, as designated in the Payout Details section of the ATFL contract.

(b) By submitting the Show Application, the organisation confirms they have or will obtain a signed agreement with the venue(s) chosen within this form or will obtain one prior to the online listing being published. Any failure to have a contract prior to the box office deadline could lead to the show being removed from the Program and the Website with no refund of payment for that show.

(c) By submitting the Show Application, the organisation confirms that it has obtained or is in the process of obtaining all necessary rights and permissions pertaining to the show being registered. The organisation indemnifies ATFL against any legal action pertaining to the rights or licences for the show.

(d) By submitting an image for the show, the organisation confirms that it has obtained all necessary rights and permissions to use this image. The organisation indemnifies ATFL against any legal action pertaining to the rights for this image.

(e) ATFL shall not be responsible for checking any materials (including any links to, or content on, any third party sites) submitted as part of the Show Registration Form for publication in the Anywhere Theatre Festival Programme and/or the Website, and shall not be held liable in respect thereof

(f) Payment for the Program & Resources must be made before the deadline relevant for the applied festival and refunds are possible only before the stated Box Office and Program deadline. No refund will be made due to withdrawal from the festival for any reasons after the Program deadline or by termination of the relationship by ATFL due to conditions stated elsewhere in the Terms and Conditions.

12.3 Use of Data

By completing and submitting the Show Registration Form, the organisation confirms

(a) its consent; and

(b) that it has obtained all necessary consents, licences and permissions from third parties, in each case to permit the collection, processing, transmission and disclosure by ATFL of all information or data submitted by you in the Show Registration Form for the purposes of organising, co-ordinating, advertising and marketing your show and/or the Anywhere Theatre Festival, including the sharing of such information and data with carefully selected third parties for those purposes. The foregoing consents expressly include any consents required under the Privacy Act 1998 in respect of personal data (as defined in that Act). The organisation indemnifies and shall keep indemnified ATFL against any loss or damage arising out of a failure or delay in the organisation obtaining consents, licences or permissions under this clause 13.4. 13.5Use of Data ATFL rights under the Show Contract(a)

ATFL reserves the right to:

– retain any money from ticket sales that is owing to it;

– refuse an application to register a show for the Anywhere Theatre Festival by any company or individual that is a debtor to ATFL (persistent or otherwise), or is deemed to be connected to a debtor (persistent or otherwise) of ATFL;

– charge all applicable fees to any show or organisation that appears in the Programme or on the Website or the App but that withdraws from the festival before the festival actually starts;

– withdraw a listing from the Programme or the Website if sufficient payment in advance is not received;

– edit copy for the Programme and the Website copy to reflect festival copy style;

– refuse copy that contravenes Programme and the Website copy style;

– accept corrections to a show’s stated performance dates, times, durations and prices from its venue manager;

– limit entry in the Programme and on the Website on a one-show-per-listing basis, ATFL will enforce in line with the ticket-selling requirements of its booking system;

– refuse to publish any text or images deemed by ATFL to be inappropriate for the general audience for which the Programme or the Website is intended;

– refuse to allow the registration of a show, or, if a show has already been registered, at any time prior to, or during the Anywhere Theatre Festival, cancel a show, upon reasonable justification;

– distribute listings and images for third party listings at ATFL’s discretion; and

– from time to time, send emails and e-bulletins regarding the Anywhere Theatre Festival and ATFL to the contacts provided by the organisation in the Show Registration Form.

–  remove a show and cease supporting an act if they do not work within the ethos of ATFL or behave in a manner towards staff, other participants, audiences and other participants that is offensive.

Furthermore, whilst ATFL will endeavour to ensure that show listings will be printed and/or uploaded in full, it will not be liable for errors or omissions. ATFL will refund a portion of fees paid solely in the event of a listing not appearing in the Programme and the Website, but will not be liable for any costs incurred by you, your organisation, your performer/performing company or your venue, including any loss of profit, business contracts, revenue, or any special, indirect or consequential damage, or loss of any nature whatsoever arising out of errors or omissions or failure to print and/or appear the Website or the App.


13. App Licensing Terms (Back to Top)

In addition to all the other clauses in these terms and conditions (except for clause 11 (Purchasing Tickets), clause 13 (Purchasing Goods from the festival online shop on the Website), clause 13 (Registering a Show) and clause 15 (Advertising)), by downloading the App, you agree to the end user licence terms contained in this clause 15. All references to “we”, “us”, “our” etc. in this clause 15 shall refer to ATFL.

13.1 Downloading the App

(a) By downloading the App or clicking on the “Accept” button on the download screen on either Google Play or Apple iTunes, you agree to the terms set out in this clause 15 and our Website Privacy Policy which will bind you.

(b) If you do not agree to the terms of this clause 15, we will not license the App and Documents to you and you must delete the App immediately.

(c) As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App.

(d) However, you will lose the right to cancel the transaction once you begin to download the App.

(e) This does not affect your consumer rights for an app or documents that are defective.

13.2 Services

The terms of this clause 15 apply to the App and any of the services accessible through the App (“Services”), including any updates or supplements to the App, unless separate terms apply. If any open-source software is included in the App or Services, the terms of an open-source licence may override some the terms of this clause 15.

13.3 Updates to the App

From time to time updates to the App may be issued through the appstore from whose site you downloaded the App. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and where applicable, accepted any new terms.

13.4 Grant and Scope of Licence

Under the terms of this clause 15 and subject to the Website Privacy Policy and any rules or policies applied by any appstore provider or operator from whose site you downloaded the App, we grant you a non-transferable, non-exclusive licence to use the App on your device for your own personal purposes only. We reserve all other rights.

13.5 Licence restrictions

Except as permitted by any local law, you agree:

(a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

– is used only for the purpose of achieving inter-operability of the App with another software program;

– is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

– is not used to create any software that is substantially similar to the App;

(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;

(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;

(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology”)

(i) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this clause 15, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

(j) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licenced by under the terms of this clause);

(k) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

(l) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(m) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

13.6 Use of data, permissions and Intellectual Property

(a) By using the App or any of the Services, you consent to us collecting and using technical information about your device and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

(b) You will be assumed to have obtained permission from owners of any device, that are controlled, but not owned, by you to download or stream the App onto such device. You accept responsibility in accordance with the terms of this clause 15 for the use of the App or any Service on or in relation to any device, whether or not it is owned by you.

(c) You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licenced (not sold) to you, and that you have no rights in, or to, the App, or the Technology other than the right to use each of them in accordance with the terms of this clause 15. You acknowledge that you have no right to have access to the App in source-code form. We do not sell the App to you. We remain the owners of the App at all times.

(d) Certain Services will make use of location data sent from the devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licencees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time turning off the location services settings on your device.

13.7 Use of the App

By using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

13.8 No warranty and limit of liability

(a) The App is provided on an “as is” and “as available” basis, and, to the extent permissible by law, we disclaim all warranties and conditions, whether express and implied, in respect of the App. You acknowledge that use of the App is at your own risk and that the entire risk in respect of satisfactory quality, performance and accuracy is with you.

(b) You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

(c) We only supply the App for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

(d) Our maximum aggregate liability under or in connection with this clause 15 (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the lesser of (i) $1000; and (ii) the value of the tickets (including the booking fee) purchased by you through the App on the occasion which has given rise to our liability to you under this clause 15. This does not apply to the types of loss set out clause 15.8(e).

(e) Nothing in this clause 15 shall limit or exclude our liability for:

– death or personal injury resulting from our negligence;

– fraud or fraudulent misrepresentation; and

– any other liability that cannot be excluded or limited by Australian law.

13.9 Links to third party websites

The App or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

13.10 Termination of your right to use the App

Your rights under this clause will terminate, without notice, if you fail to comply with any of the terms of this clause 15. Upon termination, all rights for you to use the App will cease and you must immediately cease to use the App, delete or remove the App for the device and destroy all copies of the App in your possession, custody or control.


14. Advertising Terms (Back to Top)

There are many advertising opportunities in both the Programme and on the Website.
All advertising queries can be addressed to paul@anywherefest.com or by phone: +61 7 3102 4683.

15. About our liability to you (Back to Top)

15.1 In respect of consumers purchasing tickets or goods from the Website:

(a) if ATFL fail to comply with these terms and conditions, the entity failing to comply is responsible for loss or damage you suffer that is foreseeable result of its breach of these terms and conditions or its negligence. Loss or damage is foreseeable if they were an obvious consequence of ATFL’s breach or if they were contemplated by you and the relevant entity at the time it entered into the contract for purchasing the tickets or goods;

(b) ATFL only supplies goods in accordance with clause 13, for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes, and ATFL has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.2 In respect of business customers:

(a) ATFL only supply tickets and goods for internal use by your business, and you agree not to use the goods or tickets for any re-sale purposes.

(b) You confirm that you have authority to bind any business on whose behalf you use the Website or the App to purchase goods and/or tickets.

(c) These terms and conditions constitute the entire agreement between you and ATFL as applicable and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between either ATFL, whether written or oral relating to its subject matter.

(d) You acknowledge that in entering into a contract to purchase goods and/or tickets under these terms and conditions that you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.

(e) Subject to clause 16.3(b), ATFL will under no circumstances whatever be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise arising under or in connection with the terms and conditions for:

– Any loss of profits, sales, business, or revenue;

– Loss of corruption of data, information or software;

– Loss of business opportunity;

– Loss of goodwill;

– Innocent or negligent misrepresentation or negligent misstatement; or

– Any indirect or consequential loss.

(f) Subject to clause 16.3(b), ATFL’s total liability to you in respect of all other losses arising under or in connection with these terms and conditions, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the lesser of (i) $1000; and (ii) the value of the tickets (including the booking fee) and/or goods purchased by you on the occasion which has given rise to our liability to you under this clause 16.

(g) Except as expressly stated in these terms and conditions, ATFL gives any representation, warranties or undertakings in relation to any goods supplied under these terms and conditions. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, ATFL will be responsible for ensuring that any goods are suitable for your purposes.

15.3 In respect of both consumers and business customers:

(a) So far as lawfully possible, ATFL excludes all liability to you or any third party whether arising in contract, delict (negligence) or otherwise in connection with:

– the use, inability to use, or the results of use of, the Website or App;

– any websites linked to the Website or App or the material on such website;

– your downloading of any material from the Website or any websites linked to the Website; or

– viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or App.

(b) Nothing in these terms and conditions shall exclude or limit the liability of each of ATFL for:

– death or personal injury caused by negligence (as such term is defined by the Contract and Consumer Act 2010);

– fraud or fraudulent misrepresentation; or

– any liability which cannot be excluded or limited under applicable law.


16. General (Back to Top)

(a) ATFL may transfer their rights and obligations under any contract made with you under these terms and conditions to another organisation, but this will not affect your rights or ATFL’s obligations under these terms and conditions.

(b) You may only transfer your rights or your obligations under these terms and conditions to another person if ATFL agrees in writing.

(c) These terms and conditions are between you and ATFL in respect of the terms relating to purchase of goods, and for everything else (including, but not limited to, tickets, advertising and registration of a show), between you and ATFL. No other person shall have any rights to enforce any of its terms.

(d) Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect to the fullest extent possible.

(e) If ATFL fails to insist that you perform any of your obligations under these terms and conditions, or if ATFL does not enforce its rights against you, or delays in doing so, that will not mean that ATFL has waived its rights against you and will not mean that you do not have to comply with those obligations. If ATFL do waive a default by you, it will only do so in writing, and that will not mean that it will automatically waive any later default by you.

(f) We are situated in Australia and the law of Australia shall govern any interpretation of these terms and conditions. The Australian Courts shall have exclusive jurisdiction in any disputes between us (if you are a consumer, subject to any non-excludable rights you may have to bring claims in your own jurisdiction).