We are licensed to operate the Website. These terms and conditions (the “Website Terms”) apply to the accessing, browsing and use of the Website by you.
The Website is available for you to use strictly on the condition that you accept and comply with the Website Terms. By accessing, browsing or using the Website, you agree to be legally bound by the Website Terms.
We may change the Website Terms at any time. Notice of any changes will be displayed on the Website. Your continued use of the Website following any change to the Website Terms will mean that you accept that change and you will be bound by the Website Terms as varied. You should familiarise yourself with the Website Terms and check for updates regularly.
Any questions about these Website Terms can be directed to email@example.com
Last updated 26 June 2017.
Where a definition is used for the first time in the Website Terms, it will appear in bold text.
“Business” means the business operated by the Promoter (defined below) insofar as it organises, promotes and hosts the Festival and the Website.
“Content” means all content appearing on or embedded within the Website, including without limitation text, source and object code, photographs, logos, names, designs, Personal Information, financial information, data, drawings, links, video recordings and audio recordings.
“Festival” means the annual lifestyle, cultural and music event known as Babylon Festival
“Intellectual Property” means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) such as (but not limited to) copyright, trade marks, designs and business names.
“Personal Information” means any information or opinion, whether true or not and whether or not recorded in material form, about a person who is identified or reasonably identifiable.
“Promoter”, “we”, “our” and “us” refer to Gap Events Pty Ltd as trustee for KC Unit Trust (ABN 55 163 090 785) and its officers, employees, contractors, agents, licensees and other representatives.
“User Content” means any Content that is shared via, or otherwise submitted or uploaded to, the Website by a User.
“Website” means the website located at www.babylon.net.au and all websites with the prefix www.babylon.net.au
B. WEBSITE TERMS
1. Application and Consent
These Website Terms apply to all Users. By accessing or otherwise using the Website, you accept and agree to comply with these Website Terms.
The Website’s main function is to provide information and take enquiries about, allow Users to purchase tickets to, and otherwise promote, the Festival. The Website may allow from time to time allow Users to exchange ideas and information about the Festival via forums (“Forums”).
2. Your Obligations
Your access to, and use of, the Website, is subject to all conditions specified in these Website Terms. You must comply with all laws and regulations applicable to the use of the Website and you are solely responsible for your conduct in the course of using the Website.
You agree that you will not:
Use the Website for any purpose that is illegal, unlawful or prohibited by these Website Terms;
Use the Website or Forums to defame, abuse, harras, stalk, threaten or otherwise violate the legal rights of any person or otherwise publish, post or distribute via the Website or the Forums any defamatory, infringing, obscene, indecent, misleading or unlawful material or information;
Interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the proper working of the Website or any Content including through hacking or use of automated devices, scripts or bots, destructive transmission of viruses, or other illegitimate means; or
Scrape or otherwise obtain any data from this Website for any purpose or use any Content to spam third parties.
3. Intellectual Property
The Intellectual Property in the Website and all Content (“Website IP”) is exclusively owned and controlled by us and/or our third party affiliates, licensors and/or licensees and is protected by Australian and international law governing intellectual property rights. Subject to your compliance with the Website Terms, we grant you a non-exclusive licence to access, use and make copies of the Website IP strictly as required for the ordinary use and browsing of the Website on your device.
You are not otherwise permitted to save, download, reproduce, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Website IP unless you have our express prior written authorisation..
4. Disclaimers & Our Liability
Except for liability in relation to breach of any implied condition, warranty or guarantee including under the Competition and Consumer Act 2010 (Cth) the exclusion of which from a contract would contravene any statute or cause any part of these Website Terms to be void (“Non-Excludable Conditions”): YOUR USE OF, AND RELIANCE ON, THIS WEBSITE (INCLUDING ALL CONTENT) IS ENTIRELY AT YOUR OWN RISK, AND TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE OUR LIABILITY TO YOU FOR ALL TYPES OF LOSS RESULTING FROM YOUR USE OF OR RELIANCE ON THIS WEBSITE (INCLUDING ALL CONTENT), HOWEVER INCURRED (WHETHER BASED IN NEGLIGENCE OR ANY OTHER TORT, CONTRACT, STATUTORY LIABILITY OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) FOR ANY LOST PROFIT, LOST OPPORTUNITY, LOST REVENUE, LOST DATA, LOSSES RESULTING FROM SECURITY FAILURE OR COMPUTER VIRUSES, OR ANY INDIRECT OR CONSEQUENTIAL LOSS.
We are not responsible for:
User Content that is created, or otherwise appears via the Website. We do not endorse, support, represent or guarantee the accuracy, completeness or reliability of User Content appearing on the Website; and
Hyperlinks to third-party web services or host third-party information or content on the Website. All third-party content is the responsibility of its author, and we do not endorse or represent the views or opinions contained therein.
Subject to the application of any Non-Excludable Conditions, you release us from all claims arising from any of the use or inability to use, the Website by any User; any User Content that is created, or otherwise appears, via the Website; any incomplete, incorrect or out-of-date information contained on the Website; any failure by any person to provide any information, service or functionality via the Website and use of third-party services (including any sharing to third-party websites) in conjunction with the Website by Users.
You hereby acknowledge and confirm that you are on notice of the disclaimer and limitation of liability contained in this clause 4 (“Disclaimer & Limitation”) and expressly agree to this Disclaimer & Limitation as a condition of using the Website.
5. Jurisdiction & Choice of Law
These Website Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principles. Any claim, cause of action or dispute arising out of these Website Terms will be resolved exclusively in the the courts of Victoria, Australia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.
In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provisions of these Website Terms and these Website Terms shall be construed as if such provisions had never been contained herein.