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Terms and Conditions, Privacy Statement and Website Terms of Use 

TERMS AND CONDITIONS


1.1 The following terms and conditions (“Terms and Conditions”) apply to: 

(a) the purchase or issue of tickets for performances, tours, workshops and other events (each an “Event”) at West Gippsland Arts Centre (“WGAC”), including, without limitation, the WGAC theatre building, external venues at which our 'Outside the Walls' events are presented (each a “Venue”), our offsite meeting places and function areas and any areas where WGAC hold an event;

(b) the consumer’s entry to an Event or Venue;

(c) the purchase or distribution of tickets for an Event at any other venue which WGAC makes available for purchase, in addition to the terms and conditions of purchase or entry to that venue; and (d) the purchase or distribution of car parking, food and beverage, and other products which WGAC makes available for purchase (“Other Products”).


1.2 You will be required to indicate your acknowledgment and acceptance of the Terms and Conditions prior to confirmation of payment 

online or by telephone, or prior to payment in person. 


1.3 These Terms and Conditions remain in effect even if the ticket is given or sold to someone else and you should therefore ensure that any subsequent holder of the ticket is aware that he/she is bound by these Terms and Conditions.


2. Amendments to terms and conditions 


2.1 WGAC may vary these Terms and Conditions at any time, including for specific events. The variations will be made effective by posting the varied Terms and Conditions on the WGAC website where possible.

2.2 By making a purchase from WGAC, you agree to be bound by the Terms and Conditions that apply at the time of purchase.


3. Purchase of Tickets & Other Products 


3.1 The following fees and charges will apply:

(a) A service charge will apply per order for online ticket purchases, as well as tickets purchased via telephone, mail order or booking form received in person.

(b) Payment Processing Charges apply per ticket where an entity WGAC has contracted with to hire a WGAC Venue (“Presenter”) elects to pass payment processing charges on to consumers paying by VISA, MasterCard or Gift Voucher for an Event or Other Product. (c) GST applies on fees / charges and where applicable on ticket prices for an Event that occurs or Other Product that is provided in Australia.

3.2 Tickets advertised at a particular price will be available at that price for a reasonable period of time and in reasonable quantities.

3.3 WGAC will make clear any restricted viewing information to the consumer prior to the purchase of a ticket. 

3.4 In the interests of maintaining fair access to tickets, WGAC may place limits on the number of tickets a consumer may purchase. WGAC may cancel tickets or refuse to accept orders which it believes are placed in excess of any such limits, including where it is suspected that the tickets are intended to be on-sold at a premium, such as online ticket exchange or on-seller websites. This includes but is not limited to orders associated with the same name, email address, billing address or credit card number.

3.5 Tickets may not be on-sold at a premium; nor may they be offered as a prize or otherwise used for advertising, promotional or commercial purposes without the written consent of a WGAC representative. WGAC reserves the right to cancel tickets and/or refuse admission to the bearer of any ticket sold, provided or distributed in breach of this condition. In the interests of maintaining fair access to tickets, if it is suspected that you are intending to on-sell tickets at a premium WGAC will cancel your tickets and refuse to accept orders from you.

3.6 Tickets for any Other Product of an Event at a Venue are valid only when purchased from the WGAC, or from a person or company or organisation authorised by WGAC to sell or distribute tickets (“Authorised Seller”). WGAC may cancel tickets that are bought or sold by Unauthorised Sellers, without providing a refund.

3.7 In the case of an Event cancellation, a refund will be provided to the original ticket purchaser. If you have purchased a Ticket from an Unauthorised Seller, you have no refund right from WGAC and may have no guarantee of receiving a refund from that Unauthorised Seller.

3.8 All transactions for purchases made on WGAC's website for tickets to events and shows are in Australian dollars (AUD). All shows and events prices are advertised in Australian dollars (AUD).


4. Confirmation and delivery 


4.1 If you do not receive a confirmation after submitting payment information online or via telephone, it is your responsibility to confirm that an order has been successfully placed. WGAC will not be responsible for any loss incurred by you where you have not received a confirmation number but have made no attempt to confirm the order.

4.2 WGAC will post tickets to the credit card holder’s billing address in Australia. If the credit card holder only has an overseas address, tickets will be held at the Venue Box Office for collection.

4.3 You should allow a minimum of 14 days for tickets to be delivered via regular or registered post. 

4.4 Tickets for collection at the Venue Box Office are available to collect during standard Box Office operating hours or (as standard, but subject to variation) an hour before each event or show. The person collecting the tickets may need to present the order confirmation number, the credit card used to purchase tickets, photo identification and valid proof of any concession entitlement.

4.5 General Admission tickets are highly transferable and should be treated like cash.  


5. Exchanges and Refunds


5.1 You will be entitled to a refund in the following circumstances:

(a) The Event to which you purchased a Ticket from WGAC or another Authorised Seller is cancelled prior to the Event.

(b) The Event to which you purchased a Ticket from WGAC or another Authorised Seller is rescheduled prior to the Event, and you 

cannot or do not wish to attend the rescheduled Event. 

(c) Where an Event is rescheduled, reasonable endeavours will be made to ensure that you are offered seating in a similar location at 

the rescheduled Event. If the Event is not rescheduled, you will receive a full refund of the Ticket price and other Ticket charges.  

(d) The Event to which you purchased a Ticket from WGAC or an Authorised Seller is significantly relocated, and the nature of the 

experience and/or geographic location of the Event is fundamentally altered by the relocation. You must apply for a refund within five 

(5) working days of the announcement of the relocation in order to obtain a refund. WGAC will make all reasonable efforts to contact you to inform you of any changes to or cancellations of events. WGAC will not be held responsible for incorrect or incomplete contact 

information supplied by you that we store on our customer database.  

5.2 You may be entitled to a refund or exchange in the following circumstances:

(a) An Event is cancelled due to unforeseen circumstances that arise during the Event, leaving the Event uncompleted. If a substantial proportion of the Event is completed then, depending on the circumstances, WGAC may determine that a refund or exchange is not warranted.  

(b) If the amount paid by you for a ticket to an Event or Other Product is incorrect, WGAC may cancel that ticket (or the order for that ticket) and refund you the amount paid. This may occur in the following circumstances:

1. An error arose due to an error in a price posted on the WGAC’s website or otherwise communicated to you.

2. You were able to order a ticket before an Event’s scheduled on-sale or presale date.

3. You were able to order a ticket that was not supposed to have been released for sale.

4. An error arose due to human error or a transactional malfunction of a system operated by the WGAC.

5.3 You will not be entitled to a refund or exchange in the following circumstances:

(a) Your ticket was free or complimentary.

(b) You did not enjoy the Event or were dissatisfied with the performance at the Event.

(c) You are unable to attend for reasons including but not limited to; illness; illness of any person accompanying you to the Event, or other person for whom you need to care; transport failure or delay; or where you choose not to attend the Event.  

(d) You arrive late to an Event and are refused entry on the grounds that latecomers will not be admitted, or you are delayed admission or readmission until a suitable break in the performance.

(e) You have been refused entry to or evicted from the Venue. 

(f) A performance has been made by an understudy in the place of a main performer, provided that you have been made aware of the use of an understudy at the Event. 

(g) An opening or support act is cancelled or replaced or if the acts appearing at a festival change, provided that you are made aware of the cancellation, replacement or change at the Event.

(h) WGAC or another Authorised Seller alters the Ticket price in response to varying levels of consumer demand. 

(i) WGAC or another Authorised Seller releases additional seats or additional dates for presentation of the Event.

(j) Tickets for a general admission Event are lost or stolen.

(k) WGAC has not complied with the terms of the LPA Ticketing Code of Practice. Refunds in this circumstance depend on the nature of the non-compliance.

5.4 Particulars of refund

(a) Refunds will be paid to the original Ticket purchaser.

(b) In order to verify the authenticity of any claim, the original Ticket and/or proof of purchase may be requested.

(c) A refund will be processed using the original method of payment. If the original method of payment was cash, a refund may be issued via cheque or cash. 

(d) A refund may not necessarily be available at the time the refund is requested. 

(e) A full refund covers the entire cost of the Ticket, including all service charges and payment processing charges.

(f) A refund does not cover costs imposed by external suppliers that the consumer was not obliged to incur but chose to incur, such as registered or express post fees, courier charges or insurance. 

(g) Unless required by law, WGAC will not reimburse you for auxiliary expenses incurred in connection with your attendance or non-attendance at an Event, including a cancelled, rescheduled or relocated Event. Auxiliary expenses include, but are not limited to, the cost of travel, meals, car-parking, child-care and accommodation. 

5.5 Other Products

(a) Other Products are only refundable if the product is not available on the date requested.

(b) Exchanges of Other Products are at the discretion of the WGAC.

5.6 If you make an error in making a donation to WGAC, WGAC will honour your request for a refund made within 10 working days of the donation. To request a refund, please call WGAC (03) 5624 2456. Refunds are processed using the original method of payment. Refunds 

will be processed in accordance with 5.4 above.


6. Companion Card Scheme 


6.1 WGAC is an affiliate of the Companion Card program and admits carers to shows as ticketed complimentary guests.

6.2 The use of a Companion Card is restricted to persons who are unable to participate at a particular venue or event without 

attendant care support. Details of use are contained on the Companion Card website www.companioncard.org.au.

6.3 A valid Companion Card or valid Companion Card number must be produced at the time of the booking, time of ticket collection or on request to gain access to the Companion Card Scheme offer. The consumer may be charged for the Companion Ticket if they cannot present 

a valid Companion Card or valid Companion Card number on request, or if the cardholder is not present.

6.4 Only the person whose photograph and name appear on the card can use the Companion Card. 

6.5 The Companion Ticket is not valid unless the cardholder is present.


7. WGAC and Venue Conditions


7.1 Admission to the Centre, Venue and Event is governed by the WGAC’s Conditions of Entry.

7.2 Specific Conditions of Entry may apply for certain events. If this is the case, these conditions will be clearly stated on the Event’s webpage.

7.3 WGAC reserves the right to deny any person admission to WGAC, and to its Venues.

7.4 Once an Event has commenced, admittance or re-admittance to the Venue will usually be during a suitable break in the Event and may be to a different seating location. For some events, admittance or re-admittance may not be possible. 

7.5 Food or drinks are only permitted where indicated at the Centre or Venue. 

7.6 No photography, audio or video recording is permitted inside the Centre or Venue, unless otherwise indicated at the Centre or Venue.

7.7 The Trust reserves the right to:

(a) inspect and search any person and their possessions whilst in the Centre or Venues; and

(b) require that any bags or personal items be stored in a secure area.


8. Event Conditions & Information


8.1 You and/or your possessions may be searched at an Event. 

8.2 Particulars of an Event may be changed without prior notice. Artists or performers may be added, withdrawn or substituted for specific performances. Wherever possible, WGAC will advise consumers of event changes prior to the commencement of the performance, or at the Event where prior notice is not possible.

8.3 It is standard practice to use understudies where the principal performer is unavailable for reasons outside the Presenter’s control, or where the performer is not required by his or her contract to perform. You will be advised of the use of any understudies at the Event where possible.

8.4 You will be made aware of the identity of the support acts, where known. If this is not known, you will be made aware of where you can obtain the information prior to the Event. You will be made aware of any changes to the advertised support act(s) or performer(s) 

at the Event where possible.

8.5 Seating areas of a Venue may be closed with or without prior notice. If a ticketed seating area is no longer available, you will be relocated to another area of the Venue within the same price reserve. Where the normal configuration of the Venue is significantly varied for a particular Event, the configuration to be used will be disclosed in promotional material and event information.

8.6 Events containing adult themes will include information about the recommended age for ticket holders where possible and subject to the presenter informing WGAC of this. This information will be available on our website for your review prior to purchasing tickets 

where possible.

8.7 WGAC may refuse entry to the Venue or evict you from the Venue subsequent to entry on valid grounds, which include, but are not limited to, any of the following circumstances: 

(a) Where you cannot produce a Ticket for the Event.

(b) Where you produce a Ticket that has been handled or dealt with in a way that is contrary to these Terms and Conditions.

(c) Where you cannot produce proof of concession entitlement where a concession Ticket has been purchased. Concession tickets purchased through WGAC can be exchanged to a full price ticket at the Box Office prior to an event. You will be responsible for paying any difference in the ticket price.

(d) Where you produce a Ticket that is identified by WGAC as having been sold by an Unauthorised Seller.

(e) Where you have in your possession and/or refuse to surrender to WGAC’s staff any prohibited object or article including but not limited to dangerous items, photographic or recording equipment or food or alcohol that is not permitted to be brought into or used in that Venue for that performance.

(f) Where you refuse to undergo a physical search or a search of your possessions. 

(g) Where you behave in a manner which causes or may cause property damage or that threatens or may threaten the safety of performers, other Consumers or any other persons, including as a result of intoxication.

(h) Where you behave in a manner that unreasonably interferes with other consumers’ enjoyment of the Event, including through the use of cameras, mobile phones, personal computers, paging devices or other electronic devices.

(i) Where you otherwise breach these Terms and Conditions or fail to follow the reasonable directions of WGAC staff. 

(j) Where you refuse to remain in the area or seat designated on your Ticket.


9. Children / Babies in Arms


9.1 For the majority of events held at WGAC, children who have not yet turned two years old may be admitted into an event at no cost and without a ticket. In these cases, children will not be allocated a seat and must be seated on the lap of a parent or guardian for the duration of the event. 

9.2 Some events do require children under the age of two to be admitted with a ticket - particularly for performances programmed specifically for this age group. If this is the case, this requirement will be clearly stated on the Event’s webpage where possible. 

9.3 Any person (regardless of age) interrupting the enjoyment of other visitors may be asked to leave an event and/or the venue. 

9.4 Children must be accompanied by an adult at all times.

9.5 Due to evacuation requirements, prams and pushers may not be taken into the WGAC theatre during performances. They can be stored  in our foyer during performances. 

9.6 Some presenters (or 'hirers) will require the 'babes in arms' policy to apply to children who have not yet turned one year of age to be admitted to an event at no cost, rather than the above mentioned two years. 


10. Privacy & West Gippsland Arts Centre accounts


10.1 WGAC’s handling and use of your personal information is governed by the Privacy and Data Protection Act 2014 (Vic). 

10.2 You will be asked to provide the WGAC with an email address, postal address and other contact information when purchasing Tickets from the WGAC, or opening an account with the WGAC, via the WGAC’s website or otherwise. Consumers must ensure that they provide WGAC with current, complete, and accurate information.

10.3 If you do not wish to provide personal information, you can transact anonymously by purchasing tickets in person at the Box Office and paying by cash or gift voucher (not EFTPOS or Credit Card). In doing so, you accept that the WGAC will have no means of contacting you to advise of information about the event and changes to the Event, including cancellation or postponement of the Event.

10.4 You must maintain the confidentiality of your account information, and should notify WGAC immediately on becoming aware of any unauthorised account activity.

10.5 For information regarding how WGAC collects and uses your personal information, refer to WGAC’s Privacy Statement below.


11. LPA Ticketing Code of Practice


11.1 For information regarding broader ticketing policy followed by the WGAC, you can obtain a copy of the LPA Ticketing Code of 

Practice at www.liveperformance.com.au.


12. Complaints and Feedback


12.1 Consumers are encouraged to provide feedback on the services provided by WGAC. To provide feedback to WGAC, you can email artscentre@wgac.com.au, call 03 5624 2456 or sent us a private message via Facebook. 


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PRIVACY STATEMENT


Introduction


WGAC is committed to protecting your privacy. We are bound by the Privacy and Data Protection Act 2014 (Vic), which sets out a number 

of principles concerning the protection of your personal information.

This Privacy Statement explains how we use and disclose personal information which we hold about you and the privacy rights you have 

in relation to that information.

We encourage you to check this Privacy Statement on our website regularly, as this Privacy Statement may change from time to time.


Your personal information


Personal information we may collect, or which may be held by us about you, may include:

    - your name;

    - your date of birth;

    - your postal address;

    - your telephone and mobile phone number;

    - your email address;

    - your image and voice, if captured by CCTV cameras at the Centre, or if you are filmed, recorded or photographed when you visit any of our Venues , or when you attend events at our venues; and your username and password.


We may also collect and hold information about you that is relevant to your performing arts and arts-related interests, and that is relevant to your attendance at the events we hold (including details of your attendance at events).


How we collect your personal information


We collect personal information in a number of ways, including:

    - when you request information from us;

    - when you are the recipient of a gift voucher;

    - when you subscribe to our newsletters and mailing lists;

    - when you visit any of our venues, or when you attend events at our venues;

    - when you make a donation to us;

    - when you apply for a membership;

    - from approved third parties selling tickets on our behalf, or on behalf of people staging events at our venues;

    - from the organisations identified below under "When we disclose your personal information";

    - from publicly available sources of information; and

    - when you otherwise provide information to us, including:

        - in writing;

        - in person;

        - by phone; or

        - from your use of our website.


How we use your personal information


We may use your personal information to:

    - enable you to purchase tickets and merchandise, including, where applicable, to process your credit card payment transactions;

    - enable you to make donations or apply for membership with us, and to contact you regarding donations and memberships;

    - send you your tickets to events held at our venues or to send you gift vouchers that have been purchased for you by others;

    - inform you if events change, or regarding refunds, exchanges where those are permitted;

    - gain an understanding of your performing arts and arts-related interests and to enable us to research and develop our business to better accommodate those interests; andas set out below under the headings "Marketing by West Gippsland Arts Centre" and "Disclosure to our presenters".


When we disclose your personal information


From time to time, we may need to disclose your personal information to other organisations. Those organisations carry out our:

    - customer enquiries;

    - ticket sales and distribution;

    - newsletters and marketing;

    - information technology services; or

    - other services relating to events at our venues or which we organise.


In addition, we may disclose your personal information:

    - as permitted or required by law; and

    - to presenters of events at our venues to which you have purchased tickets as set out below under the heading "Disclosure to our presenters"


Marketing by West Gippsland Arts Centre


When you create an account with us, including through our website, or when you otherwise provide us with your contact details, we will ask you whether you wish to receive information relating to us and to events that we think may be of interest to you. Where you agree to us doing so, we may use your personal information to provide you with information relating to us and to events that we think may be of interest to you.


If you later decide that you do not wish to receive marketing information from us, please let us know by updating your details online through our website, at our Box Office, or by contacting us at the address set out below under the heading "How to contact us". We may also reproduce your image and voice in any audio, video, or photographic display or other transmission, exhibition, broadcast, communication, publication or reproduction in any medium or context for any purpose without further authorisation by, or compensation or attribution to, you.


Disclosure to our presenters


Where you purchase a ticket from us for an event:


    (a) If you opt in, we may provide your contact details to the presenter of that event for use for research purposes; and

    (b) we will also seek your consent to our providing your contact details, and the details of that transaction, to the presenter of that event for their use in marketing purposes. Where you have consented to this, the presenter will then use that information in accordance with its own privacy policy. In these circumstances, WGAC will not be responsible for managing the presenter's use of that information. If you later decide that you do not wish to receive marketing information from a presenter, you will need to contact the relevant presenter, who will deal with your request in accordance with the terms of its own privacy policy.


Sale of tickets through third parties


Where a third party (such as Ticketmaster) sell tickets for events held at our venues, the terms of terms of that third party's privacy policy will apply. Those policies can usually be found on the third parties' websites. For instance, Ticketmaster's privacy policy can be found on its website at www.ticketmaster.com.au.


We take all reasonable precautions to ensure that the personal information we collect, use and disclose is up-to-date. However, the accuracy of that personal information depends to a large extent on the information you provide to us. To help ensure the accuracy of the personal information we hold about you, we ask that you:

 
    - let us know if you become aware of any errors in the personal information we hold about you; and

    - inform us of changes to your personal information, such as changes to your name or address or other contact details.


How you can access your personal information


You have a right to access personal information that we hold about you, subject to some exceptions allowed by law. We reserve the right to charge a fee for providing you with access to your personal information.


How to contact us regarding privacy matters


If you have any questions in relation to privacy matters, please contact WGAC at artscentre@wgac.com.au or call 03 5624 2456


Alternatively, you can write to WGAC at:


West Gippsland Arts Centre

PO Box 304

Warragul 3820


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WEBSITE TERMS OF USE


1.1 Introduction


These terms and conditions apply to the use of this website. By using this website, you agree to be bound by these terms and conditions.


In these terms and conditions, the term “WGAC” means West Gippsland Arts Centre.


1.2 Amendments to terms and conditions


WGAC reserves the right to amend these terms and conditions from time to time.

Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.


1.3 Personal use permitted


All copyright and other intellectual property rights subsisting in this website, the contents of this website and the information contained on this website (including the text and images of this website) are owned or licensed by WGAC and protected by the laws of Australia and other countries.

Unless WGAC agrees otherwise in writing, you are provided with access to this website only for your personal use. You may print a 

copy of any information contained on this website for your personal use.


1.4 Commercial use prohibited


Unless WGAC agrees otherwise in writing, you may not, without WGAC’s written permission:

- reproduce, store, print or display any part of this website, in any form or by any means, other than for your own personal, non-commercial  use;

- adapt, distribute, publish or create derivative works from, any part of this website, in any form or by any means, for any purpose; or

- otherwise exploit or commercialise, or attempt to exploit or commercialise, any information, products or services obtained from any part of this website.


Requests and inquiries can be directed to:


West Gippsland Arts Centre

PO Box 304

Warragul 3820

03 5624 2456

artscentre@wgac.com.au


1.5 Purchase


Where you buy any item that has been made available for sale by WGAC, that transaction is subject to WGAC’s Terms and Conditions of purchase (see above).


1.6 Privacy


WGAC is committed to protecting your privacy. WGAC’s Privacy Statement explains how WGAC may use and disclose personal information which WGAC hold about you and the privacy rights you have in relation to that information.


1.7 Linked websites


This website may contain links to other websites (“linked websites”). WGAC is not responsible for the content of, or privacy practices associated with, linked websites.

WGAC’s links with linked websites should not be construed as an endorsement, approval or recommendation by WGAC of the owners or operators of those linked websites, or of anything referred to or contained on those linked websites.


1.8 Security of information


WGAC takes every reasonable measure to ensure the security of data transmitted via this website.

Whilst WGAC strives to protect such information, no data transmission over the internet can be guaranteed as totally secure and WGAC does not warrant the security of any information which you transmit to it. Accordingly, any information which you transmit to WGAC is transmitted at your own risk. Nevertheless, once WGAC receives your transmission, it will take reasonable steps to preserve the security of such information.


1.9 Disclaimer


Whilst WGAC has no reason to believe that any information contained on this website is inaccurate, it does not warrant the accuracy, adequacy or completeness of such information, nor does it undertake to keep this website updated. 


Performance details in the What’s On section of the site are subject to change without prior notice.


To the maximum extent permitted by law, WGAC excludes liability for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer:


    - in connection with your use of this website or any linked website; or

    - arising out of your use of, or reliance on, information contained on or accessed through this website.

    - arising from any virus or other forms of internet attacks like malware, botnets and Trojans which might be transmitted or activated via WGAC's site or your access to it.


This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.


1.10 Governing law


These terms and conditions are governed by the laws in force in the state of Victoria, Australia.


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