TERMS AND CONDITIONS

 

NICE EVENTS –   WEBSITE TERMS AND CONDITIONS OF USE

Nice Events (ABN 65 600 647 452) (including any licensees and assigns, and also referred to as “we”, “our” or “us”) operates some of the best events throughout Australia (“Events” each an “Event”) and we engage companies like Ticketek and other third party ticketing platforms (“Ticketing Outlets”) to sell tickets to our Events held at venues operated and owned by third parties (“Venues” each a “Venue”).

Information and terms that apply to our Events and our policies in relation to tickets for our Events are set out here and throughout our website (the “Website”, and these “Terms and Conditions” which includes its content and any and all digital platforms over which we offer our services and promote our Events).

Please read these Terms and Conditions carefully before purchasing a ticket. By using or visiting our Website you agree that a legally binding agreement will be formed between you and Nice Events.  If you do not agree with these Terms and Conditions, do not use the Website.

These Terms and Conditions relate both to the sale of tickets and attendance at events. These Terms and Conditions apply to both the original purchaser and any subsequent ticketholders (“you”).

Incorporated into these Terms and Conditions by reference are:

  • our privacy policy http://wearenice.com.au/privacy (as amended from time to time our “Privacy Policy”); and 
  • any other instructions about using this Website that are found elsewhere on this Website,

provided that these Terms and Conditions prevail to the extent that there is any inconsistency between these Terms and Conditions and the Privacy Policy and any such instructions. We may amend these at our discretion without notice to you. Your continued use of our Website will be deemed to constitute your acceptance of these changes.

Each ticket is also sold subject to any additional terms and conditions of the Ticketing Outlet (the “Ticketing Outlet Terms”) and any additional terms and conditions of the Venues (the “Venue Terms”). The Ticketing Outlet Terms and the Venue Terms may be disclosed on the Ticketing Outlet’s website and Venue’s website respectively. The purchase of Tickets for, and attendance at our Events is always subject to the terms and conditions of those third parties. As such, except as specified in these Terms and Conditions, and to the extent required by law (including the Australian Consumer Law) we have no liability to you. 

Defined terms

  1. Unless the context requires otherwise, any capitalised words or phrases used in these Terms and which are not otherwise defined have the meaning set out in paragraph 7 (Definitions) below.

Permitted uses of the Website

  1. You must only use the Website for browsing the content on the Website in relation to the Events and gaining access to our Ticketing Outlets in order to purchase tickets to our Events.
  2. As the information, products and services contained within the Website relates to licensed premises, you must be 18 years of age or older to use this website and purchase tickets to our Events. 
  3. All rights not expressly granted to you under clause 2.1 are reserved by Nice Events. 

Attending our Events

  1. Your attendance at a Venue is subject to the Venue Terms and all rights not set out below are strictly reserved.
  2. The Venue has the right to confiscate any prohibited items without compensation.
  3. Any of our events that are 18+ events will require valid proof of age photo ID upon entry.
  4. Entry into any of our Events is subject to each patron holding a valid ticket to each Event.
  5. Venue security officials have the right to search the personal property of any person who wishes to enter the Event.
  6. We reserve the right to refuse entry to any person for whatever reason and if so directed by the Venue operator.
  7. No audio or video recording of any performances or screening as part of the Event is permitted without our written consent. Despite this, amateur still photography is permitted. Photos of artists and/or the Event are permitted only on the basis that:
    1. images are only used for private and personal use; and
    2. images cannot be made available for sale and/or public display. 
  8. Recording or filming the Event is strictly prohibited.
  9. We reserve the right to confiscate and/or delete any footage, recordings and/or photos created by unauthorised or prohibited recording, filming or photography.
  10. We have all necessary rights to film, photo and video the Event and patrons may be filmed incidentally during the Event. You consent to be included in film and sound recordings of the Event and for these recordings to be used by us or the Venue in any medium or context, including but not limited to any marketing and promotion of the Event or future incarnations of the Event, without further authorisation by or compensation to you.
  11. Where entry is denied to a person for any reason including but not limited to failure to comply with these Terms and Conditions, that person will not be entitled to any refund, ticket exchange, or compensation of any kind, as the case may be. 
  12. Entry to the Event is at your own risk.  Without limiting the generality of the foregoing, appropriate footwear and clothing must be worn at all times at the Event.  To the extent permitted by law, we take no responsibility for any hearing damage or loss caused by excessive noise at the Event. 
  13. To the full extent permitted by law, you hereby waive all legal rights of action against and fully release us, our agents, employees and volunteers for all claims for compensation or loss, damage, injury or death howsoever arising in relation to your attendance at the Event including without limitation, liability for any negligent or tortious act or omission on our part and on the part of our agents, employees and volunteers.
  14. In the case of any emergency at the Event, you must follow all directives of the Venue operator or other authorized personnel.
  15. We reserve the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity.

Prohibited Behaviour

  1. For the safety of patrons, staff, artists, and the Venue, any dangerous, unruly, offensive, disturbing or inebriated behaviour is strictly prohibited. 
  2. Alcohol consumption is subject to the Venue Terms. 
  3. We retain the right to refuse entry if we or the Venue form the view that you are either intoxicated or have not complied with our terms and conditions of entry. 
  4. We retain the right to evict you from the Venue if we or the Venue operator form the view that you are intoxicated or have not complied with our terms and conditions or the Venue Terms and Conditions. Making a booking in no way limits or restricts this right. 
  5. By attending the Venue you accept and acknowledge the risk that you may be evicted from the Venue for failing to comply with the terms of entry and conditions of that Venue.
  6. Any person found engaging in any of the above prohibited behaviour will be ejected from the Event and that person will not be entitled to any refund, ticket exchange, or compensation of any kind, as the case may be.

Ticketing Terms of Sale

  1. All tickets sold to our Events are subject to these Terms and Conditions and the Ticketing Outlet Terms.
  2. All ticket sales are final and non-transferrable. We will not provide a refund or exchange on any tickets for mistake or change of mind. 
  3. Other than as set out in these Terms and Conditions, we will not provide a refund or an exchange for any reason, including, but not limited to when:
    1. you decide not to attend the Event;
    2. the ticket has been duplicated;
    3. the ticket is lost, damaged, forged or stolen;
    4. you have been refused entry or evicted from the Event in accordance with the Event Terms;
    5. the Event does not meet your expectations;
    6. the program line-up, schedule, venue, date or screening has been changed; OR
    7. you miss the event (show to meet & greet) due to not being clear on timings. *Meet & Greet times are released within the week of the event and are available on the Nice Events website and Facebook event page.
  4. Tickets purchased from any source other than through our Ticketing Outlets, will not be honoured at the Event.
  5. The sale or attempted resale of a ticket is prohibited.  If any ticket is sold or used in breach of this clause, we reserve the right to (i) cancel the ticket without any refund or (ii) refuse entry to or eject the ticket holder from the Event.  Use of any tickets for or in conjunction with any advertising, promotion, marketing or competition without our express written consent is prohibited.
  6. Meet & Greet times will be made available on the Nice Events website and relevant Nice Events Facebook event within the week of the show. A courtesy email will be sent to the email address provided by the patron. Nice Events takes no responsibility for this email not reaching the patron. It is the patron's responsibility to be aware of the Meet & Greet start time and we will offer no refund if the Meet & Greet is missed.

Cancellation of a Ticketed Event

  1. By purchasing a ticket or tickets to an Event, you accept that the Event may be subject to change.
  2. We will only offer a refund or exchange of a ticket if an event is cancelled, rescheduled or significantly relocated as a result of the actions of the Venue (and you cannot or do not wish to attend the rescheduled or relocated event), or other occurrence outside of our control, or to the extent otherwise required by law (including the Australian Consumer Law). You must apply for a refund within a reasonable time by emailing us at info@wearenice.com.au.
  3. If an event is cancelled, rescheduled or significantly relocated due to the decision of the Venue or other occurrence outside of our control, all liability is limited to the amount for which the ticket was purchased.
  4. Proof of purchase may be required for any refund or exchange. 
  5. Unless required by law (including the Australian Consumer Law), we will not be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses.
  6. We do not offer refunds or exchanges as a result of a change in your personal circumstances.
  7. We will only replace lost, stolen, damaged or destroyed tickets if the authenticity of the ticket can be verified, including proof of purchase, and if you give reasonable notice before the event.
  8. You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an event. You may also wish to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling or relocation.
    1. Lost, Damaged or Stolen Tickets – 
      1. Entry to our Events may be refused if the ticket is damaged or defaced in any way or any ticket is not purchased from one of our Ticketing Outlets.
      2. We reserve the right to charge patrons for the replacement of a lost, damaged, or stolen ticket in our sole discretion.
      3. Lost, damaged, or stolen tickets will not be replaced unless proof of purchase is presented.
      4. Scalped tickets may be cancelled and the ticket holder will not be permitted entry.
    2. You indemnify Nice Events (including our officers, employees, agents, contractors or related companies, together the “Indemnified”)) against any and all liability, loss, claims, demands and/or expenses which any of the Indemnified may incur as a result of any breach by you of your agreement with us.
  9. Limitation and exclusion of liability
    1. Nice Events will not (or deemed to) be liable for any default, failure or delay resulting from:
      1. a Force Majeure Event; and
      2. any unauthorised acts or omissions of any third parties.
    2. The Website is presented "as is" without representations of any kind including, without limitation, representations about fitness for a particular purpose, non-infringement, security, accuracy and the material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.  You acknowledge your understanding that there are inherent risks, which are outside of our control, in the running of the Events and the accuracy of the information in relation to the Events. Accordingly we do not warrant that the Website or information provided on the Website will be free from errors or omissions or that your use of the Website will be uninterrupted or error free.  To the maximum extent permitted by law and save for these Terms and Conditions, all other terms (including any implied terms), conditions, warranties, statements, assurances and representations in relation to any agreement between you and us are expressly excluded. 
    3. If any of the exclusions or limitations set out in this clause are declared illegal or void or you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then to the maximum extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to:
      1. with respect to the supply of goods:
        1. the re-supply of the goods; or
        2. the payment of the cost of having the goods re-supplied.
    4. Subject to the preceding, in no event will we (including our officers, agents, employees, contractors or related bodies corporate) be liable to you for any: 
      1. direct loss; or 
      2. indirect or consequential loss,

even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of our performance or non-performance of the agreement between you and us.

  1. Links from the Website
    1. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  2. Viruses, hacking and other offences
    1. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. 
    2. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
    3. By breaching this provision, you may have committed a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
    4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
  3. Termination
    1. We may terminate the agreement between you and us immediately by notice. 
    2. We hold the exclusive right to determine, at our sole discretion, whether there has been a breach of these Terms and Conditions. If it is deemed by us that a breach of these terms has occurred, we have the right to take any action that is reasonable.
    3. Failure to comply with these Terms and Conditions constitutes a material breach of these Terms and Conditions and may result in us taking all or any of the following actions:
      1. immediate, temporary or permanent withdrawal of your right to use the Website;
      2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
      3. issue of a warning to you;
      4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
      5. further legal action against you; or
      6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    4. We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these Terms of use are not limited, and we may take any other action we reasonably deem appropriate.
  4. Severability
    1. Any provision of the agreement between you and us which is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability.  That will not invalidate the remaining provisions of the agreement between you and us nor affect the validity or enforceability of that provision in any other jurisdiction.
  5. Governing law and jurisdiction
    1. All matters arising from or relating to the agreement between you and us and all the transactions it contemplates, including, without limitation, its validity, interpretation, construction, performance and enforcement will be governed by the laws of the State of Victoria, Australia without regard to conflicts of law principles. The parties agree to unconditionally submit themselves to the exclusive jurisdiction of the courts of Victoria.
  6. Waiver
    1. Any delay or failure by us at any time to exercise any power or right under the agreement between you and us is not a waiver of our rights at any later time to insist on performance of that or any other provision of the agreement between you and us.
  7. Dictionary
    1. In the agreement between you and us, the following words will be taken to have these meanings: 
      1. “Force Majeure Event” means an event, occurrence or cause beyond the control, of Nice Events including, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions and any errors, faults, failures or down time of the Website or of third party technology providers, the Venue or the performer or artist comprising the Event;
      2. “You” means you the person who enters an agreement with Nice Events on the basis of these Terms or, if the context requires, the person who completes registration on behalf of another person or entity.

TERMS OF WEBSITE USE

This page sets out the terms on which you may access and make use of our website www.wearenice.com.au, whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Site.

As the information, products and services contained within this site relates to licensed premises, You must be 18 years of age or older to make a purchase. These premises require a valid driver’s license, passport or proof of age to prove you are over 18 years of age. You may need to present this proof at the premises to obtain admission.

 

INFORMATION ABOUT US

www.wearenice.com.au is a site operated by Nice Events. We are registered in Australia under ABN is: 65 600 647 452

PRIVACY

The Nice Events privacy policy is incorporated into these terms of use. See Privacy page on our website.

ACCESSING THE SITE

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You must keep your username and password confidential at all times. Any breach of these terms of use by anyone to whom you disclose your password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms of use.

You must take appropriate security measures to prevent unauthorized disclosure of your username and password and you must notify us immediately if your password becomes known to any unauthorized user.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.

 

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.

You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The information contained within this Site (including programming scripts, graphics and logos) are copyright of Nice Events and its affiliates.

 

TRADEMARKS

The trademarks appearing on this Site are primarily trademarks of Nice Events. Other trademarks displayed on the Site are trademarks of their respective owners. Nothing contained on this Site should be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of Nice Events or the third party owner.

 

RELIANCE ON INFORMATION POSTED

Nice Events does not guarantee the accuracy of information on the Site.

Nice Events does not accept liability for any reliance made upon information on the Site.

Before acting in relation to information on the Site Nice Events encourages that a viewer seeks third party verification of such information.

 

OUR LIABILITY

The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

(1) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

(2) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill;

wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

 

PROHIBITED USES

You may use the Site only for lawful purposes. You may not use the Site:

in any way that breaches any applicable local, national or international law or regulation;

in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or

to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our terms of website use;

not to access without authority, interfere with, damage or disrupt any part of the Site including;

any equipment or network on which the Site is stored;

any software used in the provision of the Site; or

any equipment or network or software owned or used by any third party.

SUSPENSION & TERMINATION POLICY

Nice Events holds the exclusive right to determine, at its sole discretion, whether there has been a breach of these terms and conditions. If it is deemed by Nice Events that a breach of these terms has occurred, Nice Events has the right to take any action that is reasonable.

Failure to comply with these terms of use constitutes a material breach of these terms of use and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use the Site;

immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;

issue of a warning to you;

legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

further legal action against you; or

disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these Terms of use are not limited, and we may take any other action we reasonably deem appropriate.

INITIATING BOOKINGS & GUESTS POLICY

To initiate a booking, you may be required to provide valid identification and the relevant receipt number of the booking. If you do not provide valid identification and the relevant receipt number, you may not be entitled to access the booking.

Any person listed as a guest on a booking can initiate the booking at the discretion of the venue. Nice Events advises that in order for your guests to initiate the booking, they provide a copy of the relevant receipt number of the booking and a valid identification.

 

ACCOUNTS, PAYMENTS & REFUND POLICY (Roller sales)

Booking Online

There are two ways to pay for a booking. You can either make a direct payment for each booking individually or you can upload credit to an account from which you can allocate funds to bookings. To make a payment you can use either a credit card or a debit card (Roller only accepts Visa and Mastercard).

You will be provided with an automatically generated email receipt of all monetary transactions made through Roller.

Upon making a direct payment for an online booking, or using existing credit that has been uploaded to your account, you will be charged a 3% transaction fee that is not recoverable under any circumstances.

If you upload credit, the amount will remain in your account until such time as it is either used by you for a booking or withdrawn by you (see withdrawals below). This account will also be used for any refunds that you may be entitled to (see refunds below).

If you are entitled to a refund, the amount of refund will be credited directly to this account. You can check the status of your account balance at all times by logging into your account. Alternatively, you can email Roller directly if you have any queries regarding your account status (info@rollerdigital.com).

All unused funds in your account are held on trust for you by Roller until such time as you decide to withdraw those funds or use them to pay for a booking.

Booking Over The Phone/E-mail (Roller sales)

Deposits or full payments can be paid via Cash, Bank Transfer or Credit Card/Debit Card. The amount required is dependent on the terms of the reservation. If you require a receipt, please request directly from Nice Events by contacting info@wearenice.com.au.

All Reservations

All cancellation and refund policies are provided to you prior to you confirming your booking and also in the booking confirmation email that is sent to you via email.

If you have a dispute regarding the amount of the refund given to you, you will be required to resolve the issue directly with Nice Events. Nice Events has all rights to reject and evict you from their premises at their discretion.

In cases where a refund has been made, and Nice Events the amount refunded was incorrect, Nice Events reserves all rights to amend this transaction at its discretion.

VENUE AUTONOMY

Nice Events retains the right to refuse entry if they form the view that you are either intoxicated or have not complied with our terms and conditions of entry. Making a booking on the Nice Events platform does not entitle you to automatic entry. By making a booking on Nice Events  you accept and acknowledge the risk that you may be refused entry for failure to comply with the terms of entry and conditions of the venue of your booking.

Nice Events also retains the right to evict you from their premises if they form the view that you are intoxicated or have not complied with their terms and conditions. Making a booking in no way limits or restricts this right. By making a booking with Nice Events you accept and acknowledge the risk that you may be evicted from the venue for failing to comply with the terms of entry and conditions of that venue.

If you have an issue or complaint regarding the terms and conditions of entry o, the onus is on you to make such a complaint directly to info@wearenice.com.au

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information that is required during the registration of members will be stored on our database.

Nice Events may use this information at anytime provided the purpose of use is sufficiently relevant to the ongoing operation of Nice Events. Nice Events has rights to use the information for your booking at their discretion. This information includes; full name, email address, contact number and other details specific to your booking.

Becoming a member in no way restricts the right of Nice Eventsto refuse entry if it forms the view that you have not complied with its terms and conditions of entry. These conditions may include but are not limited to; restrictions on age, dress and general presentation requirements, a minimum spend, a maximum number of guests, a set ratio of females to males.

By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.

CURRENCY

All monetary values on the website will be in Australian Dollars (AUD) unless otherwise stated.

GLOSSARY

Minimum Booking Cost - The minimum dollar amount (not including the 3% transaction fee) that is required to make the booking at the venue. This amount includes and is reflective of an increase in the number of guests you select and whether you require access to the VIP area of a venue.

YOUR CONCERNS

If you have any concerns about material which appears on the Site, please contact info@wearenice.com.au. Thank you for visiting the Site.