T&C | Melbourne JDM Festival

TERMS AND CONDITIONS

Ticketing Terms and Conditions of Use and Sale for Melbourne JDM Festival

These terms and conditions form a legally binding agreement between you and Melbourne JDM Festival (ABN 27 649 404 017) (MJF) for the use and sale of tickets. By purchasing a ticket, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

1. MJF sells and issues tickets to shows at MJF Venues, including but not limited to, Event Central – Caribbean Gardens.

2. All ticket sales are final. MJF will not refund, cancel or exchange any ticket except in accordance with the law.

3. MJF reserves the right to add, withdraw, reschedule and/or vary advertised shows, prices, MJF Venues, seating arrangements and audience capacity. If the listed ticket price is discounted after you purchase your ticket, you will not be entitled to a refund. If a show is cancelled, your ticket may be exchanged or refunded via the point of sale.
 

4. If an error in ticket pricing occurs, MJF may cancel and refund your ticket sold at the incorrect price.
 

5. Your ticket may not, without the prior written consent of MJF, be resold or used for advertising, promotions, contests or sweepstakes. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the ticket bearer may be refused admission to the show.
 

6. . Listed ticket prices include GST if applicable but do not include variable transaction fees that are applied to each purchase.
 

7. To the extent permitted by law, MJF’s liability to you will be limited to the price of your ticket plus any transaction fees.
 

8. Advertised start times and running times of the shows are a guide only and are subject to change.

9. If the MJF Venue is a licensed venue, admittance is restricted to persons who are at least 18 years of age, unless stated otherwise. If persons under 18 years are permitted into a licensed venue they must be accompanied by a parent or a legal guardian.

10. MJF Venue staff reserve the right to inspect any bag, luggage or object, however described, upon entry to and before leaving the MJF Venue.
 

11. MJF Venue staff may refuse entry or evict a ticket holder if they compromise the health, safety or welfare of staff with aggressive or abusive behaviour, or if they are causing a disturbance to other patrons, the performer, or the show in general. This includes adults, children and babies.
 

12. By using your ticket, you consent to appearing in photographs, motion pictures and video taken in areas where the show is taking place and you hereby release MJF from liability arising from or in connection with the use of such photographs, motion pictures and/or videos.
 

13. There are no cloaking facilities in any MJF Venues and you are solely responsible for any personal items left unattended.
 

14. By using your ticket, you release MJF to the greatest extent permitted by law from all claims you may have for any loss, damage, injury, liability or expense you or a minor in your care may suffer, arising from or in connection with attendance to a show for any reason whatsoever, including those arising from personal injury, property loss/damage or death.
 

CORONAVIRUS (COVID-19) TERMS AND CONDITIONS

These conditions are included in addition to the general Ticketing Terms and Conditions (above).

Proof of full COVID-19 vaccination will be required as a condition of entry. Upon request, all ticket holders will be required to present their Australian government issued COVID-19 digital certificate or authorized paper certificate to security or venue staff prior to entrance to the theatre.

You must carry a face mask with you at all times and wear as instructed by venue staff.

You must not attend a performance if you are:

feeling unwell with COVID-19 symptoms;
you are showing symptoms of coronavirus (COVID-19);

you are awaiting a coronavirus (COVID-19) test result;
you have otherwise been directed to self-isolate or quarantine.

No refunds will be offered if you do not wish to attend an event due to fear of exposure; if you are in a higher risk group, or are refused entry to the event. No refund will be offered if a ticket holder cannot or will not present proof of COVID-19 vaccination when asked to do so at the venue.

If an event is cancelled or significantly rescheduled due to coronavirus (COVID-19) or other intervening circumstances, exchanges will be processed in accordance with the relevant law Ticketing Code of Practice (refer to the Live Performance Australia website. Section titled “Cancelled, rescheduled or significantly relocated events due to intervening circumstances”) and otherwise as required by law. In the event of a cancellation due to intervening circumstances MJF reserves the right to retain the ticketing transaction fee.

MJF Venue staff may refuse entry or evict a ticket holder if they refuse to comply with reasonable directions of the Venue Manager or event organiser that are reasonably required to provide a safe event (including but not limited to: refusal or inability to present a COVID-19 vaccination certificate, QR check-in, wearing masks; temperature checks, general questioning etc.)

MJF Venue staff may refuse entry or evict a ticket holder if they refuse to remain in the area or seat designated on their ticket, or refuse to provide contact information required for contact tracing. All personal information collected and stored for the purposes of contact tracing will be managed according to our Privacy Policy.

MELBOURNE JDM FESTIVAL PRIVACY POLICY 
(the Privacy Policy)

You have come through to a website which is owned or operated by Melbourne JDM Festival (ABN 27 649 404 017) (MJF) or one of our related entities (as that term is defined in the Corporations Act 2001 (Cth). 

In this Privacy Policy, “we” “us” or “our” refers to MJF or our related entities. 

We have developed this Privacy Policy to inform you of how we take steps to both respect your privacy and to protect the personal information that we collect, use, disclose and keep secure. It also covers how we make the personal information that we hold available for access to and correction by you, and has been drafted in accordance with our obligations under the Privacy Act 1988 (Cth) and the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which includes the Australian Privacy Principles (collectively, the Privacy Act).

Personal Information when used in this Privacy Policy has the meaning given to it in the Privacy Act but it generally means any information that can be used to personally identify you. For example, your name, gender, contact details (including phone numbers and email addresses), age and possibly financial information, including your credit card, direct debit or PayPal account information. The personal information may be collected through our website, over the phone, or otherwise. 

Please take a few minutes to review this Privacy Policy. By using our website, you are consenting to the collection, use and disclosure of your personal information and sensitive information as set forth in this Privacy Policy. 

Please note: All personal information collected for the purposes of coronavirus (COVID-19) contact tracing will be held securely and destroyed or deleted after a period of 28 days. In the event contact tracing is required this information may be passed onto the Department of Health and Human Services (DHHS) or a nominated Public Health Officer.

1.    COLLECTION OF YOUR INFORMATION

1.1     We collect personal information about customers, prospective customers and website users which is reasonably necessary for, or directly related to, one or more of our functions or activities. 

1.2     An example of the personal information that we might collect from you includes your name; your postal address, email address or street address; your age or date of birth; your profession, occupation or job title; your gender; your credit card details (when you make a purchase via our website or at our box office); your contact number; information you provide to us from any customer surveys that we may conduct from time to time; information that you might provide to us through the use of our website; and details of any products or services that you purchase from us and enquired about and any additional information necessary to fulfil your request for those products and services. 

1.3     We will collect personal information from you only if it is reasonably practicable to do so. We may also collect information from you (including your personal information) from other sources (including third party suppliers) who engage us to provide you with the products ordered. We generally collect information when you make a purchase through our website (or mobile site); sign up to a waitlist or an event; make an enquiry or a complaint; indicate that you wish to receive information or marketing material from us; or otherwise have other dealings with us (e.g. over the phone, via social media or in person when you visit our box offices or office). We also may collect personal information from you from other sources, including artists or producers, those individuals who make a purchase on your behalf, third party suppliers and contractors who assist us to provide the services (e.g. marketing suppliers and information technology suppliers) as well as other publically available sources of information. 

1.4    At or before the time we collect personal information about you from you (or if that is not practicable, as soon as practicable after collection of the personal information) we will take such steps as are reasonably practicable in the circumstances to ensure that you are aware of:

(a)    our identity, and how to contact us;

(b)    the fact that you are able to gain access to the information, how to access personal information and seek correction;

(d)    organisations (or the types of organisations) to which we usually disclose information of that kind;

(e)    any law or a court or tribunal order that requires the particular information to be collected;

(f)    the main consequences (if any) for you if all or part of the information is not provided or collected;

(g)    how to make a complaint about our handling of your personal information and how we will deal with the complaint; and

(h)    whether we are likely to disclose personal information about you to overseas recipients and, if it is practicable, the country such recipients are likely to be located.

1.5    We may be required from time to time to collect Sensitive Information from you, but will not collect Sensitive Information from you without your consent. Sensitive Information is given its meaning in the Privacy Act but generally includes information or an opinion about an individual’s racial or ethnic origin, health information or political/ philosophical beliefs. 

Cookies and Other Technologies

General

1.6     Subject to our obligations under the Privacy Act, when you visit any of our websites or use any of our applications or related digital properties (individually and collectively, “Services”) we may collect information about your usage and the Services performance.

Such information may include your browser type, operating system, IP address, and the referring domain name from which you access this site (e.g. www.google.com).

We may collect information about your browsing behaviour, such as the number of times you have visited, the date you visited and the amount of time you spent using our Services.

We may also receive anonymised data about performance and errors that occur while you use our Services. 

The information collected pursuant to this point 1.6 is used solely for our internal purposes in managing our Services and improving their functionality and reliability, as well as to assist us in better targeting interactive advertising, thereby enhancing customer support and site usability.

The collection of such information, whether by us or by data aggregators, is subject to the terms set forth in this Privacy Policy.

Advertising information

1.7    We may track your response to our advertisements, emails and content, determine your ability to receive HTML-based email messages, learn how many users open an email and allow our service providers to compile aggregated statistics about an email campaign that we are running. This information may be shared, only when anonymised, with third parties to assist them in understanding the performance of advertising in our Services.

1.8    To conduct these or other activities, we or our service providers sometimes may use cookies or other forms of local device storage to help us provide our Services to you, and to help us collect information.

2.    HOW WE USE YOUR INFORMATION AND WHEN WE MAY DISCLOSE IT

2.1    We collect personal information from you so that we can carry out our business activities and functions as well as to provide you with a high standard of customer service. In order to do this, we collect, hold, use and/or disclose your personal information for the following primary purposes:

(a)     to process and fulfil your orders for tickets for comedy shows and other products or services ordered by you via our website (including merchandise purchased by you via our website) or providing you with news, information or advice about our existing or new products and services; 

(b)     to provide you with information regarding the products or services you have purchased from us, including, without limitation, seating arrangements for comedy shows, times and dates for comedy shows, information regarding refunds or exchanges of tickets (e.g. if there is an event cancellation or change in event details), replacing lost tickets, or information regarding other merchandise purchases;

(c)    to answer your inquiry and communicate with you generally, including by email, mail or telephone; 

(d)     to send you additional materials relating to us and services that may be of interest to you (including any upcoming shows that we think you might be interested in); 

(e)    to provide your updated personal information to our staff, our contractors, artists or producers, or third party service providers; noting that in regard to us providing such information to artists or producers, we are the authorised agent of such artists and producers and are required to provide your personal information to them for predominantly operational purposes under our existing contractual arrangements (see point 2.6); 

(f)    to investigate any possible breaches by you of any of our terms and conditions; 

(g)    to verify your identity; 

(h)    to detect and prevent fraud and unauthorised ticket onselling; and 

(i)    to otherwise provide you with effective customer service. 

2.2    We also hold personal information which we use and/or disclose for purposes other than our primary purposes (“secondary purposes”). You provide your consent to us using your personal information for the following secondary purposes: 

(a)     billing and account management;

(b)     business planning and product development; 

(c)     providing you with relevant information, including promotions, about our products and services, the products and services of our related bodies corporate and/or the products and services of our business partners or joint venturers. This may include displaying content and advertising (including in relation to tickets and events) that is customised to your interests, preferences and experience, including through online targeted marketing campaigns; 

(d)    enabling us to better understand your needs and interests; 

(e)     improving the content, functionality and usability of our website; 

(f)    improving our marketing and promotional efforts; 

(g)    displaying personalised advertising when you visit our website; 

(h)    for any other purpose identified in any other agreement between you and us; 

(i)    issues, news or other information relevant to your dealings with us, or about us generally, or the industries in which you or we operate; and

(j)    as otherwise described in this Privacy Policy.

2.3    We may also use and/or disclose your personal information for any secondary purpose not included in this Privacy Policy if we are permitted to do so under the Privacy Act, particularly if such purpose is related to one of the primary purposes described in point 2.1 or you would otherwise reasonably expect that we would use the information for that secondary purpose. 

2.4     In accordance with the Privacy Act, please note that we may use and/or disclose personal information without your consent for those reasons described in the Privacy Act, including reasons relating to the protection of public safety or the avoidance of an imminent threat to an individual’s life. 

2.5     From time to time we may also disclose your personal information to those bodies described in point 2.6 below in order to assist us to deliver the services you require. These organisations carry out, amongst other services, our:

(a)    billing and debt- recovery functions; 

(b)    customer inquiries; 

(d)    marketing services (including market research); 

(e)    product delivery services; 

(f)    the operation of our website and fulfilment of your requests and orders; 

(g)    website usage analysis; and

(h)    the support or facilitation of any of those activities described in points 2.1 and 2.2. 

We will take reasonable practicable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. 

2.6    Some of the parties that we may disclose your Personal Information to include our employees; artists and producers (predominantly for operational purposes); venue operators and promoters of events for which you have purchased tickets (predominantly for operational purposes); related entities; contractors (including authorised ticket resellers and onsellers which is disclosed predominantly for operational purposes); our business partners or joint ventures; our sponsors; promoters of any competition that we conduct via our services; specific third parties authorised by you to receive information from us; and any other body for those reasons described in point 2.5 above.

2.7    This Privacy Policy does not cover the information practices of third parties whose websites may be linked to our website or services. We are not responsible for the collection and use of your personal information by such third parties. The third parties referred to in this point 2.7 may include (without limitation):

(a)    authorised ticket resellers Eventbrite

(b)   any social media channel (including (without limitation) Facebook, Twitter, Instagram or YouTube).

Please refer to the privacy policies and statements of those third parties and obtain information regarding their collection, use and disclosure policies. Certain providers may have facilities that are located in a different jurisdiction to either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your personal information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. 

3.     DIRECT MARKETING 

We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, over the phone, via SMS or via email, in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth) and the Do Not Call Register Act 2006 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. 

In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (details provided in point 11 below) or by using the prominently displayed opt-out facilities provided (e.g. an unsubscribe link), or by updating your personal details on our website using the link provided on this page (if available). We will then ensure that your name is removed from our mailing list. 

If you receive communications from us that you believe has been sent to you other than in accordance with this policy , or in breach of any law, please contact us using the details provided in point 11 below. 

4.     ENSURING INFORMATION IS ACCURATE AND UP-TO-DATE

We take reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete, relevant and up-to-date. 
However, the accuracy of that information depends to a large extent on the information you provide. That's why we recommend that you:

•    let us know if there are any errors in your personal information; and
•    keep us up-to-date with changes to your personal information such as your name or address. You may change your personal details by using the relevant facility on our website or by contacting us care of the contact details provided in point 11. 

5.    HOW WE PROTECT YOUR INFORMATION

5.1    We will take reasonable steps to protect the personal information from misuse, interference, loss and unauthorised access or disclosure. This may include taking reasonable steps to destroy or permanently de-identify personal information once it is no longer needed for any purpose for which the information may be used or disclosed.

5.2    We will not attempt to match de-identified or anonymous data collected through surveys or such online devices as “cookies”, with information identifying an individual, without the consent of the relevant individual.    

5.3    We require our employees and contractors to perform their duties in a manner that is consistent with our legal responsibilities in relation to privacy, including those in this Privacy Policy. We note that we take reasonable steps to ensure that personal information is only accessible by people who have a genuine “need to know” as well as “right to know.” 

6.     HOW YOU CAN ACCESS OR CORRECT YOUR INFORMATION

6.1    We will permit records containing your personal information to be accessed by you when you contact us c/o the contact details at point 11 below. We may, however, refuse to provide you with access to your personal information if, for instance, granting you such access would pose a serious threat to your life or to the health and safety of any individual or have an unreasonable impact on the privacy of any other individual. 

6.2     If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it. 

6.3     If you:

(a)     wish to lodge a request to access and/or correct your Personal Information; or

(b)     have been refused access to your Personal Information by us for any reason described in this Policy and you wish to challenge that refusal;

you may do so by contacting the office of MJF’s Privacy Officer as per the details in in point 11. The procedure for challenging such a refusal is also set out in point 11. 

6.4     We will not normally charge a fee for processing an access request unless the request is complex or is resource intensive. We do, however, reserve the right to charge an administration fee if an individual requests access to their personal information more than once in a three-month period.

6.6     Where we offer online account management facilities, customers can use this capability to control aspects of their account, including amending or updating certain personal information.

7.     OPENNESS

The office of the MJF Privacy Officer will be the first point of contact for inquiries about privacy issues. If you wish to make an inquiry or complaint regarding privacy you should do so by contacting this office as per the details in Point 11. 

8.    STAYING ANONYMOUS

8.1     We will not make it mandatory for visitors to our website to provide personal information unless such information is required to answer an inquiry or provide a service. We may, however, request visitors to provide personal information voluntarily to us (for example, as part of a competition or questionnaire).

8.2     We will allow our customers to transact with us anonymously or by using a pseudonym wherever that is reasonable and practicable.

9.    TRANSFERRING INFORMATION OVERSEAS

9.1    We will only transfer personal information about an individual to someone who is in a foreign country if:

(a)     we reasonably believe that the recipient of the information is subject to a law, or binding scheme, which effectively overall upholds principles for protection of the information that are substantially similar to the Australian Privacy Principles, and there are mechanisms that an individual can access to take action to enforce that law or binding scheme;

(b)     we have taken such steps as are reasonable in the circumstances to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles; or

(c)    the individual has been expressly informed that if they consent to the transfer, paragraph 9.1(a) will not apply, and the individual consents to the transfer. 

Note: By engaging us, you consent to the transfer of information to someone who is in a foreign country, even if paragraph 9.1(a) does not apply, in circumstances where:
(i)    we consider that it is necessary for us to do so in order to properly provide you with the required services, including by confirming an appointment or  responding to your queries with respect to your engagement of us;
(ii)    the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between us and a third party;
(iii)    all of the following apply:
         (A)    the transfer is for the benefit of the individual;
         (B)    it is impracticable to obtain the consent of the individual to that transfer; and
         (C)    if it were practicable to obtain such consent, the individual would be likely to give it.

10    CHANGES TO THE PRIVACY POLICY

We may update this Privacy Policy at any time and from time to time. Any changes will be effective when posted on this website. Your continued use of the website will indicate your acceptance of any changes to the Privacy Policy. All personal information, collected both before and after any changes take effect, will be subject to the terms of the revised policy (for which you will be taken to have provided consent) unless you indicate otherwise by contacting the office of MJF’s Privacy Officer as per the details in Point 11. We urge you to refer back to this page regularly and especially prior to providing us with any personal information. 

11    CONTACT US     

If you have any questions about this privacy policy, any privacy related dealings with us or a possible breach of your privacy or would like further information about our information management practices, you can contact MJF’s Privacy Officer, care of the following details:

Privacy Officer
Melbourne JDM Festival
11 Balmoral Drive
Dandenong VIC 3175
Phone 0437 544 007 (SMS ONLY)

Email: info@melbourejdmfestival.com.au

Once the Privacy Officer receives a complaint from you, the Privacy Officer will within a reasonable time after receiving the complaint begin investigating the complaint. In investigating the complaint, the officer may use additional resources within our organisation to determine the nature of the complaint.

We may contact you during this investigation if necessary. If a breach is found, the Privacy Officer will escalate the matter to management to ensure that the process which caused the breach is remedied. We will also contact you to inform you of the outcome of the investigation within a reasonable time after the conclusion of the same. We will treat your complaint during the investigation period confidentially and aim to resolve your complaint in a timely fashion and a satisfactory manner. 

This policy was last updated on 17th January 2022.

COMPLAINTS HANDLING POLICY

How to make a complaint or provide feedback

All complaints or feedback must be made by emailing info@melbournejdmfestival.com.au. A response or action will only be binding if made in writing. You may discuss your complaint with staff members at the venue, however, oral representations will be deemed as general information only.

Melbourne JDM Festival encourages customers to bring issues to our attention as soon as possible after they arise to give us the best opportunity of finding a solution.

Ticket Refunds & Exchanges

Melbourne JDM Festival has set out its ticketing terms and conditions. Melbourne JDM Festival also abides by the These explain the circumstances under which ticket purchasers may be entitled to a refund or exchange.

Complaint Handling Timeline

Response and resolution timeframes will vary depending on the nature of the complaint. We aim to resolve complaints as quickly as possible, with the following aims in mind:

Acknowledge written feedback and complaints within 2 business days of receipt

Provide a response or decision within 10 business days of receipt

We will consider the complaint resolved if we don’t hear from you within 10 business days after sending the response or decision.

Further action

If you are unhappy with the response or decision, please reply within 10 business days stating why you do not consider the matter resolved, any relevant information missing from the original complaint, and the outcome you are seeking.

If you are dissatisfied with our further response, you may contact the Live Performance Australia Complaints Officer or other relevant consumer bodies.

Privacy

Customer feedback and complaints are kept confidential, however the details of the complaint together with personally identifying information may be disclosed to other parties related to the complaint including but not limited to Melbourne JDM Festival staff, Melbourne JDM Club.