TERMS OF SERVICE FOR ECOMMERCE TRANSACTIONS WITH HAYDEN ATTRACTIONS.
FOR TERMS AND CONDITIONS REGARDING TICKET SALES PLEASE CLICK HERE:
PARTIES AND PRELIMINARIES
This website is operated by Her Majesty’s Theatre. Throughout the site, the terms “we”, “us” and “our”, “Her Majesty’s Theatre” refer to Hayden Attractions Pty Ltd A.B.N. 68 001 565 395 a Company registered under the laws of the State of Victoria, Australia trading as Her Majesty’s Theatre at its principal place of business, 219 Exhibition Street, Melbourne, Victoria, 3000, Australia.
Her Majesty’s Theatre offers the use of this website to you, the user, including all information, tools and services available from this site subject to
your acceptance of:
- these Terms of Service;
- the provisions of such other policies and notices as may be set out on this website from time to time
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referred to and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which we add to the current store are also subject to these Terms of Service.
SECTION 1 – ONLINE USAGE
You represent that you are at least the age of majority in your state or place of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
If you breach or fail to comply with any of these Terms of Service we reserve the right to terminate service to you without further notice.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse the Service to anyone for any reason at any time or to modify or discontinue the Service without notice.
We place you on notice and by your use of the Site you acknowledge that your content (not including credit card information), may be transferred unencrypted and involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks and we do not retain it.
SECTION 3 – PRODUCTS OR SERVICES
Her Majesty’s Theatre offers services, food and beverages for sale through this Service.
The services include the provision of function rooms within the Theatre complex.
It is a precondition for the sale of the services that any person entering the Theatre:
- must hold a valid ticket for the attraction showing at the Theatre for the relevant time of performance or a valid right of admission for any function not connected with an attraction at the Theatre;
- agrees to comply with any security measures in force from time to time for admission to the Theatre or the building of which the Theatre forms part;
- will not be admitted more than one hour before any performance and must leave the Theatre or any part of the Theatre as directed by a person acting with the authority of the General Manager:
- in the event of any emergency; or
- in circumstances where we may revoke admission to the holder of a valid ticket or other right of admission;
- must leave the auditorium no later than ten minutes after the conclusion of any performance of an attraction in the Theatre; and
- must leave the Theatre (including any foyer or backstage area) no later than one hour after the scheduled or actual conclusion of any performance in the Theatre.
Certain services may be available exclusively online through the website. Availability is limited.
Descriptions of the services should be read by reference to the relevant sections of our Website. These descriptions and terms are to be taken as a guide only and no substitute for your own personal inspection.
To the maximum extent permitted by law, our liability under any guarantees which apply to the sale of goods or services under the Australian Consumer Law, and which may not otherwise be excluded from operation by virtue of our limitations above, are limited to one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods;
- the payment of the cost of having the goods repaired.
The Vienna Convention on the Sale of Goods is expressly excluded from operation under these Terms.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF
The material on this site is provided for general information and may change before you make the decision to order services from the site. Once an order has been placed and accepted by us we will be bound by the terms and prices which are in force at the time.
We reserve the right to modify the contents of this site at any time. It is your responsibility to monitor changes to our site.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices displayed on this Site or for any Services are subject to change without notice.
It is a condition of your use of the Service that we are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of any part or the whole of the Service.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse to accept any order you place with us. We may, in our sole discretion, limit or cancel the quantity of items or services ordered, the frequency or extent of one or more orders or seek additional confirmation as to the details or purpose of one or more orders. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made through the service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Variation or Cancellation Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Service may direct you to third-party websites that may or may not be affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER
If, without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or any user authored content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory or which we find objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that any of your user-authored content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, charges, or availability. We reserve the right to change, correct or update information or refuse to accept orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you must not use the Service or its content to:
- engage in any unlawful activity or violate the laws of any place having jurisdiction over that activity;
- solicit others to perform or participate in any unlawful acts;
- infringe the intellectual property rights of any person;
- alter or remove the digital rights management information attaching to any item on the Service;
- alter, remove or seek to alter or remove any code attaching to any item on the Service as an anti-circumvention device;
- collect or track the personal information of others;
- use any web-crawler, worm or other computer algorithm to obtain automated access to the content on this Service or to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.;
- harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- submit false or misleading information or engage in conduct which is false or misleading or calculated to mislead or deceive including pretexting or phishing;
- upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- engage in conduct with respect to the site for any unlawful purpose; or
- interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of this any related website for engaging in any such prohibited use and refuse to accept or cancel any order for services or products.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, volunteers, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use any goods or services, or for any other claim related in any way to your use of this Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of this Service or any content (or goods) posted, transmitted, or otherwise made available via this Service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.
To the extent that our liability for any guarantee imposed by law in relation to the provision of any goods or services may not be excluded by any of the above provisions, our liability is limited to:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold us harmless subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal costs, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you do not accept or have ceased to accept them, or when you cease using our Service.
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service on one or more occasions shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Service is the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – VARIATION OR CANCELLATION
Please choose carefully as we do not operate a refund or exchange policy for ‘change of mind’ returns or any variations less than 72 hours before the date booked for provision of the services.
Gift Cards and discounted/sale items are non-refundable unless a breach of a consumer guarantee under the Australian Competition and Consumer Law is established to the reasonable satisfaction of Her Majesty’s Theatre. Reference is made to the limitations on liability made above.
Late or Missing Refunds
If a refund has been granted and you haven’t received funds yet, follow these steps:
- first check your bank account again;
- then contact your credit card company, it may take some time before your refund is officially posted;
- next contact your bank. There is often some processing time before a refund is posted.
- If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org
SECTION 21 – UNAVOIDABLE EVENTS
If we have accepted your order and, for any reason beyond our control, including events of fire, flood, storm or tempest, criminal act, riot, civil disturbance, strike action (whether lawful or unlawful), lock-out or acts of war, terrorism, or any other act beyond our control the Theatre is closed, a performance is cancelled or suspended, you may:
- nominate another date, subject to availability, for provisions of the services at the then prevailing price and agree to pay the difference in price (if any); or
- be repaid any amount already paid;
but you agree that you will not seek or be eligible for any other compensation for loss of opportunity, loss of bargain or any economic or consequential loss of any kind.
SECTION 22 – GIFT VOUCHERS
Gift Vouchers can only be purchased through us. They are valid for 12 months from the date of purchase.
Vouchers are non-transferable and cannot be exchanged for cash payments. Vouchers must be redeemed with us.
Vouchers redeemed in person at Her Majesty’s Theatre may be redeemed in part and the balance credited to you.
SECTION 23 – PURCHASING AND PAYMENT
Unless indicated as ‘SOLD OUT’, all services are available to purchase directly through our website. To make a purchase, click on the item you would like to purchase to visit its detail page and click ‘Add to Cart’. You can access your Cart by clicking the Cart page link, located in the site header. You can proceed to checkout from the Cart page by clicking the ‘Checkout’ button. Enter your preferred shipping address and follow the prompts to enter your payment details (credit card or PayPal). If you are not already signed in to Contemporary Editions upon purchase, you will be prompted to do so or to create a Contemporary Editions account if you are not already registered.
All prices on our website are in Australian dollars (AUD) and are GST inclusive. Prices are subject to change without notice.
We accept payment in Australian dollars through our checkout via the Australian agents of Visa, Mastercard, American Express, Diners Car or PayPal. Please contact us directly if you would like to make payment via direct debit. International credit cards are not accepted. International payments must be made with Paypal.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at
Hayden Attractions Pty Ltd uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments.
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by Hayden Attractions Pty Ltd or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
- eWAY is an authorised third party processor for all the major Australian banks.
- eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Hayden Attractions Pty Ltd.
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au
After ordering online, you will receive an email confirmation from eWAY containing your order details (if you have provided your email address). We will normally confirm receipt of your order within one working day ordering.
If you wish to query an order please contact us at email@example.com.