1.1 The Frontier Touring Co Pty Ltd (ACN: 005 602 602) and Victorian Arts Centre Trust ABN 83 295 983 059 (together we, us and our) operates and maintains the website at www.asiapopfest.com and provides the service described in clause 2. The website and service are collectively referred to in these Terms as the Website.
1.2 These terms and conditions (Terms) apply to your access and use of the Website. By accessing or using the Website, you agree to these Terms. If you do not agree and accept, without limitation or qualification, these Terms, please exit the Website immediately and refrain from using the Website in the future.
1.3 We may change these Terms at any time by publishing the changed Terms on this Website. Changes will not operate retrospectively. Your continued access or use of the Website constitutes your agreement to be bound by the changed Terms.
2. Description of Service
2.1 The Website provides information about our activities.
2.2 Users of the Website can elect to become a member of the Website by submitting a form with their details (such as name, date of birth, limited location and email address) to us via the Website or by signing up for registration via their Facebook, Instagram or Twitter. (Website Members). As a Website Member you will:
(a) get access to pre-sale information and will be provided with a unique code for purchasing pre-sale tickets through our authorised ticket sellers;
(b) receive our newsletters;
(c) receive tour announcements and pre-sale information;
(d) be kept informed about special offers and competitions for Website Members.
2.3 By signing up to be a Frontier Member, you consent to Frontier sending you commercial electronic information with tour announcements, pre-sales information in respect of music preferences you have indicated, special offers, news and competitions.
2.4 If you no longer wish to receive emails from us and you unsubscribe from receiving emails or cancel your account on the Website, you acknowledge you may not be able use the Website as a Website Member or access certain areas of the Website and we may not be able to provide you with the benefits of a Website Member, including but not limited to the opportunity to purchase pre-sales tickets. However, if you wish to unsubscribe from your receiving emails or cancel your account, we will respect your choice.
2.5 We expect that the services offered by us will evolve and may change over time. We may at any time stop, change, suspend or limit the provision of the services (or any features within the services) at our sole discretion.
3. Website Members Accounts, Usernames and Passwords
3.1 If you wish to be a Website Member, you must not sign up as a Website Member for more than one account.
3.2 You must not impersonate or sign up on behalf of another person.
3.3 You promise that the information you provide when you sign up as Website Member is correct and not misleading in any way. You promise to keep your information up to date.
3.4 You must keep your passwords secure at all times. You are solely responsible and liable for all activity undertaken using your password, including your pre-sale code and account.
3.5 Your Website Member account is for personal use only. You must not use your Website Member account for commercial purposes without our prior written consent.
3.6 We may suspend or cancel your Website Member account if in our sole discretion we consider that you have breached these Terms or any of our published policies.
3.7 If we cancel your account, you may not become a Website Member again, whether by creating a new account or using an alternative account, except with our prior written consent.
4. Intellectual Property Rights
4.1 Other than third party trademarks and content, we are the exclusive owner of all rights in and title to the Website and the Website trademarks.
4.2 You must not use any registered or unregistered trademarks, images, photographs or other copyright protected material on the Website without either our prior written permission or the prior written permission of the relevant trademark and copyright owner. Images of touring artists which are displayed on the Website are either the property of, or used with permission by the copyright owner. The use of these images by you, or anyone else authorised by you, is prohibited without our express written approval or the copyright owners’ approval. Any unauthorised use of the images may violate certain laws, including but not limited to copyright laws and trademark laws.
4.3 You may make a temporary copy of part or all of the Website on your computer for the sole purpose of viewing it. Unless permitted by law, you must not, without our prior written consent, otherwise use, reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish, broadcast or create derivative works from any copyright protected material on the Website.
5.1 This Website may link to websites at other addresses, including but not limited to the website of the authorised ticket seller for our concerts, social media sites and third party websites. Unless stated otherwise:
(a) we do not control, approve, endorse or sponsor any such websites or their content;
(b) we do not have the approval, sponsorship, endorsement or affiliation of any such websites; and
(c) we do not provide any warranty or take any responsibility for any aspect of those websites or their content.
5.2 As a Website Member, if you wish to purchase pre-sale tickets you will be directed to the authorised ticket seller for the relevant concert. When purchasing tickets to a concert, you will be required to agree to certain terms and conditions of purchase as outlined by the authorised ticket seller.
6. Advertising and Promotions
6.1 You may have contact with third parties such as our authorised ticket seller advertisers, sponsors, or promotional partners as a result of your use of the Website (Advertisers). All such contact, including the purchase of goods and services from Advertisers, is between you and the Advertisers and we are not responsible or liable to you in any way in connection with these activities or transactions.
6.2 You acknowledge that we and our related companies and our operational service providers, suppliers and Advertisers may conduct competitions or other promotions via the Website and our social media pages (Promotions). These Promotions will be governed by separate terms and conditions, which will apply to those competitions and promotions in addition to these Terms.
7. Access and Use Policies
7.1 We may from time to time publish policies regarding access to and acceptable use of the Website. You must comply with these policies, as amended from time to time.
8.1 Your access and use of the Website is at your own risk. The internet is generally not secure and material passing over it may be intercepted, altered or corrupted in storage or transit.
8.2 We do not promise that the Website:
(a) is free from errors;
(b) will operate without interruption; or
(c) is free from anything which may damage your computer or data.
8.3 You should always ensure you have up-to-date antivirus and firewall security in place when using the internet.
8.4 We do not promise that the contents of the Website are complete, accurate, reliable or up-to-date. We reserve the right to correct errors and make changes to the Website and its contents at any time.
8.5 We may at any time, in our sole discretion and without notice to you, restrict, suspend or limit access to and use of the Website, including but not limited to your Website Member account, if you are a Website Member.
8.6 You must indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, expenses (including legal expenses on a full indemnity basis), penalties and liabilities that we or any of them may incur as a direct or indirect consequence of your breach of these Terms or unlawful or negligent act or omission.
9. Limitation of Liability
9.1 To the maximum extent permitted by law:
(a) the Website is provided on an ‘as is’ basis and we exclude all implied conditions, warranties, guarantees and representations of any kind;
(b) we exclude and you release us from all liability to you for any direct, indirect or consequential loss, damage, cost or expense of any kind (however caused or arising, including by negligence) arising from or in any way connected with the Website or your use of the Website
9.2 If you are an Australian consumer, within the meaning of the Australian Consumer Law (ACL) the ACL sets out certain consumer rights and remedies that cannot be excluded, restricted or modified. These Terms are subject to the ACL and do exclude, restrict or modify them where it would be unlawful to do so.
10.1 If a provision of these Terms is invalid or unenforceable in a jurisdiction, it is to be read down (to the point of severance) in that jurisdiction and does not affect the validity or enforceability of:
(a) that provision in another jurisdiction; or
(b) the remaining provisions.
10.2 Our failure or delay in enforcing a provision of these Terms does not constitute our agreement to any future breach or a waiver of any of our rights.
10.3 These Terms must not be construed to our disadvantage merely because we were responsible for their preparation.
10.4 Our rights, remedies and powers under these Terms are cumulative and not exclusive of any rights, remedies or powers at law.
11. Governing Law and Jurisdiction
11.1 These Terms are governed by and are to be construed under the laws of Victoria, Australia.
11.2 You irrevocably and unconditionally submit to the jurisdiction of the courts of Victoria, Australia, (and courts hearing appeals from Victorian courts) and waive any claim or objection based on absence of jurisdiction or inconvenient forum.
12.1 If you have any questions about these Terms, please contact:
Updated: 30 October 2019