Terms & conditions
WEBSITE TERMS AND CONDITIONS
1.2. By using and accessing our websites, you agree to be bound by these Terms and Conditions.
2. Mona websites
2.1. We endeavour to take reasonable care to ensure that information and material published on our websites is free from error and kept up to date, however we do not make any warranties in relation to the accuracy, currency, reliability or completeness of any content that is published on our websites, whether or not that content was published by us or third party website users.
2.2. Information and material made available on our websites is provided in good faith but is for general informational purposes only. You should not rely on this information unless you have independently verified it.
2.3. Website information, views, comments and materials do not necessarily reflect our views unless expressly stated otherwise.
2.4. If we allow third party users to upload information and material onto our website, we reserve the right to publish and remove such information and material at our sole discretion and without prior notice.
3. Use of Mona websites
3.1. It is a condition of your use of any Mona website that you will not use our websites for any purposes that are prohibited by these Terms and Conditions. In particular, you agree not to:
- make available, transmit or otherwise electronically communicate information, material or media using a Mona website that you do not have a right to make available, transmit or communicate;
- use a Mona website to defame, harass, stalk, threaten or otherwise offend any person;
- engage in or promote any third party surveys, contests, pyramid schemes or spam emails via a Mona website;
- impersonate any other person or entity;
- breach any laws or regulations which are applicable to your use of our websites in your jurisdiction.
3.2. If we enable you to post any comments, information, images, or other media (Material) on any Mona website:
- you agree only to post Material which you own or control and which does not infringe the intellectual property rights of others and which does not breach any laws;
- you grant us an exclusive, world-wide, perpetual, irrevocable, sub-licensable, transferable licence to use, reproduce, adapt, modify, publicly perform and communicate to the public that Material, including by any and all means and media (whether now known or existing in the future) (Licence);
- you promise you have the right to grant the Licence and you promise that our use of the Material in accordance with that Licence will not infringe the rights of any person;
- you agree that we will not be responsible or liable to any third party for the content, or accuracy of any content, posted by you or any other user of our websites;
- you agree not to take any action against us based on or in any way related to content you or some other person posting Material to our websites has uploaded or otherwise made available;
- you acknowledge that in granting rights to us under this clause 3.2, you expressly waive your moral rights in the Material and consent to us failing to attribute you as the author of the Material, to falsely attributing others as the author of it, or subjecting the Material to derogatory treatment; and
3.3. You acknowledge that Mona websites are primarily information resources and ticket purchasing facilities for the various business functions of Mona.
4. Third party website links
4.1. Our websites may contain links to third party websites. We do not control the content of any linked website and it is your responsibility to satisfy yourself as to the accuracy, currency and reliability of third party web content.
4.2. Despite any link to third party websites on our websites, we do not endorse the content or material contained in any third party website, unless otherwise expressly stated by us.
4.3. You acknowledge that any website access is dependant on third parties like telecommunication providers and internet service providers and that we in no way guarantee the secure or continuous connection or access by you in respect of any Mona website.
5. Personal information
6. Subscriptions and your Mona Account
6.2. If you do not provide the required information, we may not be able to set up a subscription or Mona Account for you.
6.3. You are responsible for your use of any Mona Account and all transactions that occur through that account. If you become aware of any unauthorised use of your Mona Account, you must notify us as soon as possible.
6.4. Subject to any notification received by us in accordance with clause 6.3, any communication, correspondence or transaction that originates from or through your subscription account or Mona Account will be deemed to have been created, made or authorised by you.
7. Purchase of tickets through our website
7.1. You may purchase tickets through our websites for certain events, tours and transport operated or organised by Mona. In addition to these terms and conditions, the terms and conditions that apply to you on you purchasing or otherwise obtaining these event, tour and transport tickets can be found at below (Ticket Terms and Conditions).
7.2. You acknowledge that all online transactions are facilitated by third parties and that transaction fees may apply. These fees may vary from time to time. You will be notified of these fees prior to you completing the relevant ticket purchase.
7.3. You warrant that you have the required authority to make any payments through our websites, including any required permissions or consents from any credit card holder or account holder if you are not the owner or holder of the credit card or account used for the payment.
8. Online payment security
You acknowledge that online payments made through our websites are protected by Secure Socket Layers (SSL) encryption technology. Your web browser will notify you of when SSL protection is active in relation to your online payment.
9. Exclusion of warranties and limitation of liability
9.1. Notwithstanding any other provision of these Terms and Conditions but subject to any rights you may have under the Competition and Consumer Act 2010 (Cth), we are not liable for any indirect or consequential loss, or any loss of profits or revenue, loss of data or information of any type, loss of software, programs or code, loss of connection or network, loss of hardware or any other loss that is analogous to the losses listed in this clause 9.1.
9.2. To the maximum extent permissible by law, we make no warranty or representation in relation to the availability, fitness of purpose, or content or accuracy, in respect of the websites or any third party website, and cannot guarantee that the our websites or any third party website linked to our websites will be free from viruses, malicious code, errors, spam, or any other material, data, or code that may cause loss or damage to you.
9.3. To the maximum extent permitted by law, all implied conditions, representations, warranties and other terms are excluded including any conditions, representations or warranties concerning fitness for purpose, merchantability, availability, errors or defects.
9.4. We do not exclude any warranties in respect of goods or services which cannot be excluded, restricted or modified under the Australian Consumer Law including all rights and warranties in relation to services being provided with due care and skill.
9.5. We are not liable to you for any loss or damage you incur to the extent that your breach of these Terms and Conditions or your negligence caused or contributed to that loss. You hereby indemnify us, our directors, officers, agents, employees and subcontractors (Indemnified) for any loss or damage the Indemnified may incur as a consequence of your breach of these Terms and Conditions or your negligence.
10. Intellectual Property
10.1. Any material displayed on any of our websites is owned by or licensed by Mona. Unless otherwise expressly specified in these Terms and Conditions, we do not grant any licence or right in, or assign any part of our intellectual property rights in any material incorporated in our websites to you.
10.2. You are provided with access to our websites and may download, store in cache, display, print or make a single copy of the information or material stored on our website (in its unaltered form) and for your personal and non-commercial purpose. Except for these purposes and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) you may not, in any form or by any means:
- communicate, adapt, reproduce, store, distribute, transmit or print, display, perform, publish or create derivative works from any part of our websites; or
- commercialise any information, products or services obtained from any part of our websites without our written permission.
If you wish to make any other use of the material on our websites, you must obtain our permission before doing so.
11. Changes to Terms and Conditions
We may change these Terms and Conditions at any time without notice by publishing variations on our websites and your continued use of our websites will be deemed acceptance of these Terms and Conditions as amended.
12. Breach of these Terms and Conditions
If you fail to comply with or otherwise breach these Terms and Conditions, we may in our sole discretion take such action as is reasonably necessary to prevent your continued access to our websites and terminate any subscription or Mona Account that you may have with us.
The law applicable to the use of our websites and to these Terms and Conditions is the law of Tasmania, Australia, and the parties submit to the exclusive jurisdiction of the courts of Tasmania in relation to any matters arising under these Terms and Conditions, or in relation to our websites.
If any part of these Terms and Conditions are for any reason declared invalid or unenforceable, the validity of the remaining portion is not affected and the remaining portion is to remain in full effect as if these Terms and Conditions had been signed with the invalid portion removed.
TICKET TERMS AND CONDITIONS
These Terms and Conditions are legally binding between Moorilla Estate Pty Ltd (ABN 34 120 281 656) trading as Mona, Dark Mofo, Mona Foma, MoMa, Moorilla, Moo Brew and our authorised agents (Mona, We, Our, Us) and you in relation to all transactions between us and you as set out in clause 2.
2. When do these terms and conditions apply?
2.1. You agree to be bound by these Terms and Conditions and the Website Terms and Conditions [Insert hyperlink] which are incorporated and form part of these Terms and Conditions each time you purchase or otherwise obtain tickets in person or online from us or our authorised agents for:
- any Mona organised event, including but not limited to:
- Mona organised and endorsed concerts;
- Mona Foma events;
- Dark Mofo events;
- Mona museum entry;
- Mona organised ferry and bus transfers; or
- any Mona organised and operated tour, food and beverage tasting, or other special events organised and operated by Mona.
2.2. These Terms and Conditions do not apply in relation to any other event, tour or transfer that is not set out in clause 2.1.
3. Amendments to these Terms and Conditions
3.1. Subject to this clause 3, we may vary these Terms and Conditions from time to time by posting the updated Terms and Conditions on our website. Any variations will only apply to ticket purchases made after the Terms and Conditions have been updated.
4. General ticket conditions
4.1. Subject to clause 6, all tickets are:
- valid only for the specific event, entry, tour, or transport for which they have been issued; and
- valid only for the specific date and time stated on the ticket.
4.2. If your ticket is validated by another person for whatever reason, no further entries will be permitted in respect of that ticket.
4.3. If you attempt to duplicate or re-use your ticket (or ticket equivalents including pass out stamps and wristbands) for the purpose of enabling another person to enter the venue or transport vehicle to which your ticket relates, we will cancel your ticket and you will not be admitted nor entitled to any refund or reimbursement. For the avoidance of doubt, any ticket that has been duplicated without our written consent is invalid.
4.4. In some circumstances, age restrictions may apply. You must be at least 18 years of age if you wish to:
- purchase alcohol from us;
- attend events or venues that require you to be at least 18 years of age; or
- enter into any competitions organised by us.
4.5. We may require that you present valid identification evidencing that:
- you are at least 18 years of age; or
- you are entitled to a concessional or discounted ticket.
4.6. If you cannot produce valid identification following our reasonable request, we reserve the right to deny you entry to, or require you to immediately leave our premises or refuse you service, as the context requires.
4.7. Unless we permit you to do so, you must not:
- offer your ticket for resale (whether for a premium or otherwise) to any person by any means (excluding any resale of your ticket authorised by us); or
- use your ticket for any commercial purpose, including advertising, marketing and promotional purposes.
4.8. If you are found to have dealt with your ticket in one of the manners described in clause 4.7 we reserve the right to:
- cancel your ticket without providing you with any refund; and
- deny you entry into the venue or transport vehicle as may be applicable from time to time.
5.1. To protect your safety and the safety of others, we may need to take certain action from time to time, including those actions set out in this clause 5. Where practical we will provide you with our reasons for taking such actions.
5.2. We reserve the right to refuse you entry to, or eject you from, any event, venue or any transport vehicle to which your ticket relates if you:
- are intoxicated from alcohol or drugs;
- are in possession of drugs or alcohol that was not purchased from us;
- are in possession of any firearm, explosive device, weapon or other item intended or capable of causing serious injury;
- are violent, aggressive, disruptive, disorderly, obscene or use obscenities;
- exhibit aggressive behaviours towards others including staff members and patrons;
- commit any illegal behaviour;
- conduct yourself in any way which compromises the safety and wellbeing of any other person in or around the relevant venue or transport vehicle; or
- we otherwise consider your attendance at the event or tour, or presence on the transport vehicle, to adversely impact on us, our reputation or the quality of the event, tour or transport services or other people’s enjoyment of the event, tour or transport.
5.3. We reserve the right to refuse you service of alcohol if you are intoxicated or you cannot prove your age following any reasonable request by us to do so.
5.4. You must not:
- bring your own alcohol into any event, venue or into any transport vehicle; or
- smoke on any transport vehicle or within any area expressly stated as being non-smoking,
unless we expressly state otherwise.
5.5. You must follow all reasonable safety directions given by us as may be necessary from time to time.
5.6. You acknowledge and agree that we may conduct a search of your bags and belongings to confirm your compliance with these Terms and Conditions.
6. Refunds, exchanges, cancellations and transfers
6.1. Subject to these Terms and Conditions and any statutory right of refund under the Australian Consumer Law, we will provide you with a full refund or exchange your ticket in the following circumstances:
- the event, tour or transport to which your ticket relates is cancelled, relocated to a different venue, or rescheduled;
- the event to which your ticket relates is materially varied or altered (e.g. headline performance acts or feature artists are cancelled);
- we have provided you with materially incorrect information regarding the promotion of the event, tour or transfer to which to ticket relates; or
- you no longer can or wish to attend the event, subject to us having a confirmed waiting list of prospective ticket purchasers in relation to that event to whom we may resell your ticket.
6.2. If only part of a ticketed event is cancelled, relocated, re-scheduled or otherwise varied we may offer you a pro-rata refund if it is reasonable to do so in the circumstances.
6.3. Unless required by the Australian Consumer Law, we are not responsible for any travel, accommodation, food, or other expense or costs that you may incur as a result of any cancellation, relocation or rescheduling of any event, tour or transport. You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an event or tour. You may also wish to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling or relocation.
6.4. We may replace lost, stolen, damaged or destroyed tickets if the authenticity of the ticket can be verified, including proof of purchase, and if you give reasonable notice before the event. We reserve the right to charge a reasonable fee for the replacement of tickets. We may not replace
6.5. Subject to this clause 6, you may transfer or obtain a refund or exchange for museum entry and ferry or bus tickets if such transfer, refund or exchange occurs no later than 48 hours prior to:
- the ticketed admission date and time for entry into the Mona museum; and
- the ticketed departure date and time of the ferry or bus transport.
You may change the return time of your transport ticket up to 15 minutes prior to the scheduled departure time, subject to transport availability.
6.6. Subject to this clause 6, you may transfer or obtain a refund or exchange for an event or tour ticket if:
- the event or tour to which your ticket relates is sold out; and
- there is a waiting list of potential purchasers for that event or tour.
6.7. If you wish to transfer or obtain a refund or exchange of your:
- transport ticket, please email us at firstname.lastname@example.org or phone (03) 6277 9900 and quote your order number; or
- your event or tour ticket, please email us at email@example.com to enquire whether you are eligible for a transfer, refund or exchange.
6.8. If you are eligible for a transfer of your event or tour ticket we will:
- change the name of the ticket holder to the name of the person you nominate (Nominated Person); and
- refund the original ticket purchase price to you,
subject to the Nominated Person:
- providing us with their relevant details (including their full name and address); and
- paying to us all relevant booking fees in relation to the ticket being transferred.
6.9. If we offer you a refund of your transport, event or tour ticket pursuant to clauses 6.5 and 6.6, we will only refund the amount originally paid for that ticket. We do not offer refunds for booking and handling fees that you might have incurred as part of the original ticket purchase.
6.10. If we offer you a transfer for your transport, event or tour ticket, you are responsible for the associated rebooking fee and administration fee.
6.11. If you decide to cancel a booking to which an event, tour or transfer ticket relates, and we have already incurred costs as a direct result of your booking, you must:
- pay any cancellation fees that are imposed on us by third parties as a result of your cancellation; and
- any other costs that are directly incurred by us as a result of your cancellation, including but not limited to events, tours or transport tickets that included a food and beverage or catering component.
6.12. Except as described in clauses 6.5 and 6.6, we will not provide a refund or exchange if you change your mind or if there is a change to your personal circumstances.
7. Personal information
7.2. For more information about how we collect, hold, use and disclose your personal information you can:
- contact our data privacy officer at firstname.lastname@example.org or on (03) 6277 9900.
8. Consumer Guaranties
8.1. We agree to provide tickets to you subject only to these Terms and Conditions and any non-excludable rights you have under the Australian Consumer Law, including under any applicable Consumer Guarantees.
8.2. For example, there are Consumer Guarantees that any services we provide to you will be provided with due care and skill, will be fit for any specified purpose, and will be provided within a reasonable time (if no time is specified). There are also Consumer Guarantees that goods we supply will be of acceptable quality. Certain remedies are available to you under the Australian Consumer Law if goods or services we supply to you fail to meet the standard required by applicable Consumer Guarantees.
9. Liability and indemnity
9.1. Except for liability under the Australian Consumer Law that cannot be excluded, we exclude all other liability to you (whether based in contract, tort (including negligence), statute or otherwise), to the maximum extent permitted by law.
9.2. We are not liable to you for any loss or damage you incur to the extent that your breach of these Terms and Conditions or your negligence caused or contributed to that loss. You hereby indemnify us, our directors, officers, agents, employees and subcontractors (Indemnified) for any loss or damage the Indemnified may incur as a consequence of your breach of these Terms and Conditions or your negligence.