)%20(1080%20%C3%97%20500.png)
Terms of Use
Terms of Use
1. INTRODUCTION
This Terms of Use Agreement (the “Agreement”) applies to any and all Australian websites associated with Cedilia Holding Company t/a Celestial Festival and Celestial Events (together the "Company," "we," "us" and "our") and all websites that refer or link to this Agreement including, without limitation www.celestialfestival.com.au, www.starfallball.com.au and www.solsticeball.com.au, www.celestialevents.com.au, www.starfallball.com (collectively referred to herein as the “Sites”).
2. AGREEMENT TO THESE WEBSITE TERMS OF USE
In this Agreement, “you” means the individual accessing or using any of the Sites (and, where you are accessing the Website in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer or the entity that is engaging you). By using the Sites, you agree to be bound by all the terms and conditions contained in this Agreement and any and all rules, guidelines and directions found throughout the Sites. If you do not agree to the terms of this Agreement, you must not use or access our Sites. If you violate any of the terms of this Agreement, we may terminate your right to use and access our Sites.
3. LEGAL CAPACITY TO TRANSACT
lease read this Agreement carefully. This Agreement applies to all users of the Sites, including users who are viewers of material on the Sites and users who register for the Sites as set forth below in Section 6. By using the Sites you also represent that you are at least 18 years old or have your parent or guardian’s consent to use the Sites. The Company does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. You may not use or register for the sites if you are under the age of 18 unless you have the consent of a parent or guardian.
In addition, when you use any current or future version of the Sites, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Sites following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.
4. PRIVACY
Please review our Privacy Policy here: PRIVACY POLICY, which also applies to your visit to the Sites, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.
5. CONSIDERATION
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt of data, materials and information available at or through the Sites.
6. DISPUTE RESOLUTION
By using the Sites, you and the Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of it ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (“Dispute Notice”) and allowing the receiving party thirty (30) days in which to respond in writing (“Reply Notice”). A Dispute Notice will be sent:
• to the Company at: Cedilia Holding Company t/a Celestial Festival
Attention: Legal Department
PO BOX 541, HELENSVALE, QLD 4212
• to you at: your last-used billing address or the billing and/or shipping address that we may have on file for you (or, if no such address has been provided, to any email address that you may have provided to us or used to register for an account on any of our Sites).
Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party, provided however that nothing in this Agreement will prevent a party from seeking urgent injunctive or similar interim relief from a court.
If a Dispute Notice and Reply Notice are given, then you agree to discuss (either in person or by telephone) the Dispute with an authorised representative of the Company in an effort to resolve the Dispute. At least one (1) meeting or discussion relating to the Dispute must take place within thirty (30) days of service of a Reply Notice.
If the Dispute is not resolved within thirty (30) days of service of a Reply Notice or if a Reply Notice is not given by the relevant party, then the parties agree to try to resolve the Dispute by mediation, to be held in Brisbane, Queensland Australia and administered by the Australian Disputes Centre according to its Guidelines for Commercial Mediation (“Guidelines”). The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. If the Dispute is not settled within thirty (30) days after the referral of the Dispute to mediation, then either party may commence legal proceedings in relation to the Dispute.
7. GOVERNING LAW
This Agreement is governed by the laws in force in the State of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Queensland and of the Commonwealth of Australia, and the courts of appeal from them, in respect of any matter relating to this Agreement or the access and use of any of our Sites.
8. RESTRICTIONS ON USE OF MATERIALS
PROHIBITED CONDUCT
Your use of the Sites is subject to the rules set out in Schedule 1 below.
VIOLATIONS OF THESE WEBSITE TERMS OF USE
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to the Sites or refuse to provide products or services to you if:
• you breach any provision of these Website Terms of Use;
• the Company is unable to verify or authenticate any information that you provide to us; or
• the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person.
9. INTELLECTUAL PROPERTY
TRADE MARKS
The look and feel of the Sites (including all button icons, scripts, custom graphics and headers) are the trade marks, service marks and/or trade dress of the Company. These trade marks, service marks, and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
Celestial Festival and other trade marks, service marks, trade names, and trade dress indicated on our Sites are trade marks or registered trade marks of the Company and/or its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) or licensors and licensees in Australia and other countries. All rights in such names are hereby reserved. The use or misuse of these trade marks or any materials, except as permitted under this Agreement, is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any patent or trade mark owned or controlled by the Company, its related bodies corporate, its licensors or any third party.
COPYRIGHT
All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Sites are the copyrighted property of the Company, its related bodies corporate or its third-party licensors to the full extent provided under the Copyright Act 1968 (Cth) and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Sites for any purposes. Nothing stated or implied on the Sites confers on you any license or right under any copyright of the Company or any third party. The Sites and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted under this Agreement, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites in litigation, or for any commercial or promotional purposes, without the express written consent of the Company or its lawful successors and assigns. For usage permission, please contact us via e-mail at hello@celestialevents.com.au
COPYRIGHT CLAIMS
If you believe that the Sites contain any material that infringes upon any copyright that you hold or control, or that users are directed through a link on the Sites to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within fourteen (14) days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further fourteen (14) days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
10. REGISTRATION
The Company reserves the right to make any parts of the Sites accessible only to users who have registered.
You do not have to register to view the Sites. You can visit the Sites, read articles and other materials, browse merchandise, post comments and product reviews and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an online user account in order to access the full features of the Sites, including but not limited to the ability to purchase products through the Sites and to become a member of the Inner Circle Club (as defined in Section 12 below). To register, you must create a user account, which requires you to provide your name, and a valid e-mail address and select a password. When creating a user account, you must provide accurate, complete and updated registration information. By creating an account you agree (or, if you are under 18, you have obtained your parent or legal guardian’s consent) to receive commercial electronic messages from the Company.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are fully responsible for your failure to safeguard information and/or to permit any other person to access or use the Sites using your profile and/or account, and for all activities that occur under your profile and/or account. You may not sell or otherwise transfer your profile or account or any portion thereof. You must notify the Company immediately of any breach of security or unauthorised use of your account. The Company will not be responsible for any losses caused by any unauthorised use of your account.
The Company reserves the right to refuse registration or terminate, suspend, or cancel access to a user account at any time in its sole discretion. If we suspend or cancel access to your account, you may be prevented from accessing the Sites (temporarily or permanently), your account details and/or any files or other various Sites materials, including all text, comments, icons, images, messages, tags, links, photographs, audio, video and other content that are contained in or accessible through your account, all of which may be deleted by us. Such suspension or cancellation of your account will mean that you may lose access to all content submitted by you. You may also terminate or discontinue your own account at any time by sending an email request to hello@celestialfestival.com.au
One person may not maintain more than one registered account with the Sites. Accounts registered by “bots” or other automated methods are not permitted.
11. ORDERS
ORDER CONSTITUTES OFFER
By placing an order through the Sites, you make an irrevocable offer to us to purchase the products/services that you have selected pursuant to these Website Terms of Use. Information contained on the Sites constitutes an invitation to treat only. No information on the Sites constitutes an offer by us to supply any products and/or services to you – however, the Company will make all reasonable endeavours to supply your selected products and/or services to you.
We will not commence processing any order made through the Sites unless and until:
• payment for the order has been received by us in full;
• the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
• at any time prior to your order being accepted in accordance with this Agreement, cancel all or part of your order; and
• at any time;
o refuse to provide products or services to you;
o terminate your access to the Sites and/or Inner Circle Club membership platform; and/or
o remove or edit any content on the Sites and/or the Inner Circle Club platform.
ACCEPTANCE OF ORDERS
Acceptance of each order will take place if and when the Company:
• in the case of digital items, either:
o sends the requested items to you, at the time at which the items are sent by the Company; or
o notifies you in writing that the requested items are available for download by you, at the time at which such notification is sent by the Company, and title to, and risk in, the items will pass from the Company to you at that time; or
• in the case of services, either:
o provides the services to you, at the time at which the Company commences providing the services; or
o notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Company.
12. PRICES
The Company reserves the right to change the prices for products and/or services displayed on the Sites at any time before you place an order, and in respect to the Inner Circle Club the Company reserves the right to change the price structure at its sole discretion at any time with thirty (30) days’ written notice.
GST
Unless otherwise expressly stated, all amounts payable through your use of the Sites and/or the Membership Program are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
13. RETURNS, SHIPPING AND DELIVERY
Please review our Returns and Store Credit Policy here: RETURNS and our Shipping and Delivery Policy here: shipping-delivery, which also govern your visit to the Sites, as applicable. The terms and conditions of these documents are incorporated herein and made a part of this Agreement.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. We will assess a warranty claim in accordance with your legal rights, upon receipt of a proof of purchase and inspection of the returned good.
To make a return or warranty claim, return the good to your place of purchase or contact our team at hello@celestialfestival.com.au
It is a condition of sale that goods are not resold for commercial purposes.
Any tickets purchased to events via the third-party website Eventbrite are sold with non-refundable terms and conditions, which are available at the time of purchase.
REFUNDS AND OTHER REMEDIES
Except as expressly provided otherwise in this Agreement and/or the Membership Services Agreement, all amounts paid through the Sites are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty and/or guarantee is provided under the heading "Remedies limited" in these Website Terms of Use below.
14. PAYMENT METHODS
Payment for orders placed through the Sites may be made by credit card (Visa or MasterCard only) and processed online using a secure Stripe payment gateway.
STRIPE SECURE PAYMENT GATEWAY
The Company uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as "Stripe" for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website (http://www.stripe.com/).
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).
CREDIT AND DEBIT CARD PAYMENTS
Only VISA and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Company does not charge additional transaction fees for paying by credit card.
SECURITY
While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
15. COMMENTS
We welcome your comments and feedback about the Sites and our products. In addition, in some places, the Sites enable users to post comments and product reviews which may be viewed by other users. If you post any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") on the Sites or sent to us, whether through the Sites, e-mail, facsimile, postal mail or by other means, you automatically grant, or warrant that the owner of such Comments has expressly granted the Company, a royalty-free, full-paid, perpetual, irrevocable, worldwide, unlimited, nonexclusive, sublicensable, and transferable license to use, re-use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, re-distribute, transmit, print, copy, host, store, cache, archive, index, categorise, comment on, broadcast, stream, import, perform, exhibit, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. The Company may sublicense its rights through multiple tiers of sublicenses. You should not submit any Comments to us that you do not wish to license to us. The Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any Comments. You grant the Company the right to use the name that you submit in connection with any Comments. You agree to the foregoing grant of rights, consents, and agreements whether or not your Comments are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, and waivers set forth in this Agreement.
Without limiting the scope of this section or any future grant of rights, consents, agreements, and waivers you may make with respect to Comments, you hereby ratify any prior grant of rights, consents, agreements, and waivers made by you with respect to Comments submitted by you to us.
16. LICENSE AND SITE ACCESS
The Company grants you a limited, revocable and nonexclusive license to access and make personal use of the Sites but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools. Neither the Sites nor any portion of the Sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or use framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its related bodies corporate, licensors or licensees without express written consent of the Company. You may not use meta tags or any other hidden text using the Company's brand names or trade marks without the express written consent of the Company. Any unauthorized use will immediately terminate the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray the Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Company in its sole discretion. You may not use the Company logo or other proprietary graphic or trade mark as part of the link without express written permission of the Company. You may not make any other part of the Sites, other than the home page of the Sites, available as part of another service by "deep linking," or otherwise, without prior written permission from the Company. Any permitted links to the Sites must comply with all applicable laws, rules and regulations.
17. THIRD-PARTY AND CO-BRANDED SITES
The Sites may contain hyperlinks ("links") to websites operated by persons or entities other than the Company ("third-party Websites") or to co-branded websites operated by a third party, including the Company's related bodies corporate and licensees ("co-branded Websites"). We provide such links for your reference and convenience only. A link from the Sites to a third-party or co-branded Website does not mean or imply that the Company endorses the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. The Company explicitly disclaims any responsibility for, and excludes all liability to you for, the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Website. The Company does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website. The Company does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against the Company with respect to information, content and materials contained on any third-party or co-branded Website, and any information, content and materials you provide to such third-party or co-branded Website (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which you might link from our Sites. Your use of any website linked to from the Sites is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement. You understand that by using any third-party Website linked to from the Sites, you may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties.
THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR (AND EXCLUDES ALL LIABILITY TO YOU FOR) ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
DISPUTES BETWEEN USERS AND SUPPLIERS
You are solely responsible for your interactions with supplier Members listed on the Sites and in the Directory and the Company is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.
If you believe that any supplier from which you have purchased any goods or services through the Sites or in relation to the Sites and/or the Directory has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that Member supplier if we consider it appropriate at our discretion to do so. The Company will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.
18. YOUR RESPONSIBILITIES
You agree to comply with all applicable laws in connection with your use of the Sites, and such further limitations as may be set forth in any written or on-screen notice from the Company. As a condition of your use of the Sites, you warrant that you will not use the Sites for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Sites or any co-branded Website must be accurate, complete, and current.
You must not restrict, inhibit or interfere with any other user’s use or enjoyment of the Sites or use the Sites to distribute, transmit or link to any content or material which contains a virus or other harmful or malicious software.
By using the Sites, you agree not to violate or attempt to violate the security of the Sites, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorised to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Sites; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
19. TERMINATION OR RESTRICTION
The Company may terminate or restrict your access to all or any part of the Sites at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Sites at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty and disclaimers shall survive any such termination.
20. RISK OF LOSS
All products purchased from the Sites are transported and delivered to you by an independent carrier not affiliated with, or controlled by the Company. Title to products purchased on the Sites, as well as the risk of loss for such products, passes to you when the Company delivers these items to the carrier.
21. PRODUCT INFORMATION
The Company attempts to be accurate in describing its products and services on the Sites. We do not warrant that product and service descriptions or other content of this or any other Sites are complete, reliable, current, or error-free.
We have made every effort to display as accurately as possible the colours of our products that appear on the Sites. However, as the actual colours you see depend on your computer monitor and other factors beyond the Company's control, we cannot guarantee that your computer's display of any colour on the Sites will be accurate.
Unless otherwise stated, the prices displayed at the Sites are quoted in Australian or New Zealand Dollars as applicable. We may choose to not fill any orders (or part of an order) that you have placed where the website contains errors or inaccuracies, including without limitation, errors, inadequacies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
22. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE SITES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO ANY STATUTORY GUARANTEES THAT CANNOT BE LAWFULLY EXCLUDED, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES MAKE NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITES, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL THE COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE FOR (AND ANY LIABILITY IS HEREBY EXCLUDED FOR) ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO THE COMPANY THROUGH THE SITES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Company makes no representation that the contents of the Sites comply with the laws of any country outside Australia. If you access any of the Sites from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
The Company does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Sites or that it will give notice of such use, modification or alteration.
Where any applicable legislation implies any warranties, guarantees or conditions or imposes obligations upon the Company which cannot be excluded, restricted or modified except to a limited extent, this Agreement must be read subject to those statutory provisions. If those statutory provisions apply, then to the extent to which the Company is able to do so, its liability will be limited, at its option, to: (a) in the case of any goods supplied by the Company, either: (i) replacement of the goods or supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; or (b) in the case of any services performed by the Company, either: (i) the performance of the services again; or (ii) the payment of the cost of having the services performed again.
The Sites are provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Sites or any of its content, and in particular do not represent, warrant or guarantee that:
• the use of the Sites will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• the Sites will meet your requirements and expectations;
• anything on the Sites, or on any third-party website referred or linked to in the Sites, is reliable, accurate, complete or up-to-date;
• the quality of any products, services, information or other material purchased or obtained through the Site’s will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• the Sites or the servers that make it available are free of viruses or other harmful components.
RELEASE
You agree that your use of the Sites is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from this Agreement or the use of the Sites by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
FORCE MAJEURE
To the maximum extent permitted by law, and without limiting any other provision of this Agreement, the Company excludes liability for any delay in performing any of its obligations under this Agreement where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
23. INDEMNITY
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any claims, proceedings, losses, liabilities, costs or other expenses (including legal costs) and third party claims incurred by the Company in connection with or arising, whether directly or indirectly:
• as a result of your breach of the terms of this Agreement;
• your use of, connection to, or access of the Sites;
• your negligence, or misconduct, or any violation of any applicable law in connection with this Agreement or the rights of any person.
24. MISCELLANEOUS LEGAL PROVISIONS
The Company may discontinue the Sites at any time and for any reason, without notice. The Company may change, suspend, or cancel the contents, operation, or any and all other features of the Sites at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Sites. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Company’s failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. You shall not resell or assign your rights, duties or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by the Company, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets, including your personal information, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganisation, or sale of assets, or in the event of bankruptcy. In each such event, the personal information we have collected from you may be one of the assets transferred.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement constitutes the entire and final agreement regarding the Sites and its contents, and supersedes any prior or contemporaneous communications between you and the Company regarding the Sites and their contents.
All rights not expressly granted herein are hereby reserved to the Company.
INTERPRETATION
In this Agreement, the following rules of interpretation apply:
• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in this Agreement;
• this Agreement may not be construed adversely against the Company solely because the Company prepared them;
• the singular includes the plural and vice-versa;
• a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
NOTIFICATIONS
The Company may provide any notification for the purposes of this Agreement by email and/or by adding the notification into your user control panel.
COSTS
Except as specifically provided in this Agreement, each party must bear its own legal, accounting and other costs associated with this Agreement.
ASSIGNMENT
You may not assign, transfer or sub-contract any of your rights or obligations under this Agreement without the Company's prior written consent. Your registration with the Sites is personal to you and may not be sold or otherwise transferred to any other person.
The Company may assign, transfer or sub-contract any of its rights or obligations under this Agreement at any time without notice to you.
NO WAIVER
Waiver of any power or right under this Agreement must be in writing and signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.
SEVERABILITY
The provisions of this Agreement are severable and, if any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
VARIATION
The Company reserves the right to amend this Agreement and any other policy on the Sites at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of the Sites will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of the Sites or the products/services offered through the Sites.
You may only vary or amend this Agreement by written agreement with the Company.
25. CONTACT US
If you have any questions or concerns regarding the Sites or this Agreement, please contact us by e-mail at hello@celestialevents.com.au
Schedule 1 – Prohibited Conduct
YOU MUST NOT:
• use any device, routine or software that interferes, or attempt to interfere, with the proper working of the Sites;
• engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
• use the Sites to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material, or otherwise violate the security of any computer network;
• use the Sites to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
• use any spider, robot, or search/retrieval application or any screen scraping, data mining, or similar data gathering device, process, program or means to access, retrieve or index any portion of the Sites;
• use the Sites by any automated means;
• use the Sites to transmit junk mail, spam, or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
• access, retrieve, or index any portion of the Sites for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• interfere with the display of any advertisements appearing on or in connection with the Sites;
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame, or reformat any of the material contained on the Sites;
• reproduce, duplicate, copy or store any of the material appearing on the Sites other than for your own personal and non-commercial use, unless otherwise permitted in the Member Licence Agreement for those approved Members;
• falsely imply that any other website is associated with the Sites;
• do anything that leads, or may lead, to a decrease in the value of the Company's intellectual property rights in the Sites;
• use or exploit any of the material appearing on the Sites for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with the Sites;
• release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company's prior written consent; or
• use the Sites to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring the Company or any of its staff into disrepute.