Terms and Conditions of Purchase

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1. 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 the Victorian Arts Centre Trust’s (“Trust”) venues at Arts Centre Melbourne (“ACM”), including, without limitation, the ACM theatres building, Hamer Hall, ACM Car Park and Sidney Myer Music Bowl (each a “Venue”);
(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 the Trust 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 the Trust 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 The Trust 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 ACM website.
2.2 By making a purchase from the Trust, 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 the Trust has contracted with to hire an ACM Venue (“Presenter”) elects to pass payment processing charges on to consumers paying by VISA, MasterCard, American Express, Diners Club 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 The Trust 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, the Trust may place limits on the number of tickets a consumer may purchase. The Trust 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.  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, offered as a prize or otherwise used for advertising, promotional or commercial purposes. The Trust 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 the Trust 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 Trust, or from a person or company authorised by the Trust to sell or distribute tickets (“Authorised Seller”). The Trust 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 the Trust and may have no guarantee of receiving a refund from that Unauthorised Seller.

4. Confirmation and delivery 
4.1 If you do not receive a confirmation number after submitting payment information online or via telephone, it is your responsibility to confirm that an order has been successfully placed. The Trust 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 The Trust 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. 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 Ticket reprints may incur a fee and may not be possible for General Admission events. 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 the Trust or another Authorised Seller is cancelled prior to the Event.
(b) The Event to which you purchased a Ticket from the Trust 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 the Trust 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.
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, the Trust 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, the Trust 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 Trust’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 Trust.
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) The Trust or another Authorised Seller alters the Ticket price in response to varying levels of consumer demand. 
(i) The Trust 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) The Trust 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 will be issued via cheque. 
(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, the Trust 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 Trust.
5.6 If you make an error in making a donation to ACM, The Trust will honour your request for a refund made within 10 working days of the donation. To request a refund, please call The Trust’s Development team on (03) 9281 8198. 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 The Trust 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. ACM and Venue Conditions
7.1 Admission to the Centre, Venue and Event is governed by the Trust’s Conditions of Entry and Car Park 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 The Trust reserves the right to deny any person admission to ACM, 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 our cloakroom, which may attract a fee.

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, the Trust 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.
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.
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.  This information will be available on our website for your review prior to purchasing tickets.
8.7 The Trust 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 Arts Centre Melbourne 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 the Trust as having been sold by an Unauthorised Seller.
(e) Where you have in your possession and/or refuse to surrender to the Trust’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.
(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 Trust 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 ACM, 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. 
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.

10. Privacy & Arts Centre Melbourne accounts
10.1 The Trust’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 Trust with an email address, postal address and other contact information when purchasing Tickets from the Trust, or opening an account with the Trust, via the Trust’s website or otherwise. Consumers must ensure that they provide the Trust 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 Trust 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 the Trust immediately on becoming aware of any unauthorised account activity.
10.5 For information regarding how the Trust collects and uses your personal information, refer to ACM’s Privacy Statement at  https://www.artscentremelbourne.com.au/privacy 

11. LPA Ticketing Code of Practice
11.1 For information regarding broader ticketing policy followed by the Trust, 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 the Trust. For information on how to provide feedback to the Trust, or about the Trust’s complaint handling and dispute resolution procedures, click here.
12.2 For information regarding the Trust’s complaint handling and dispute resolution procedures, refer to ACM’s  Complaint Handling Procedure at www.artscentremelbourne.com.au/