Terms of Service
1. Who we are
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 Festival ("ATF").
1.2 Our principal place of business is at 23 Manning Street, South Brisbane, 4101. Conact email is [email protected]. 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
2.1 You are reading the terms and conditions for:
(a) use of the Anywhere Theatre Festival website (www.anywhere.is/ (the "Website");
(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 Festival;
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 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 - 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
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
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
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: [email protected]
. 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
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
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
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
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.
8.3 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.
8.5 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 [email protected].
. 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.
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
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 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 A booking fee applies per transaction (not per ticket) to telephone, app and web bookings at this time and is itemised during the ticketing process.
10.4 Tickets can be transferred and used by people not named on the tickets and will be accepted as presented at the even for check in.
11. Applying to present a Show
The following terms apply if you are applying to present a show at the Anywhere 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 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 expressing interest and been selected, you will receive confirmation that your application has been successful to be part of Anywhere Festival at which point a payment will be required to confirm access to all the resources available as well as the festival marketing activities including the print program.
(c) Inclusion in the program is depending on all details being confirmed for the Program Deadline Date as specified when purchasing the resources and reserving a slot in the program.
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 cash sales at the door; and
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 partial 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.
12. Advertising Terms
There are many advertising opportunities in both the Programme and on the Website.
All advertising queries can be addressed to [email protected].
13. About our liability to you
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.
(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).