Terms & Conditions
TERMS AND CONDITIONS
FOR PURCHASING TICKETS AND BROWSING THIS WEBSITE
Welcome to ABACTA
In these terms, we also refer to ABACTA as “our”, “we, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being https://www.abacta.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase any event, course or program provided by us (each an “Event”), including the sale and distribution of tickets to an Event (“Tickets”) and your attendance at such Event (together, the “Services”).
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
· Part A: Terms for when you purchase a Ticket to an Event (applies when you buy)
· Part B: Terms for when you browse and interact with this Website (applies when you browse)
· Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase Tickets unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Tickets. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase
Tickets. You can check the date at the top of this page to see when we last updated these terms.
Part A For When You Buy Tickets for an Event…
1 SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Ticket using the Website’s functionality (Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Ticket you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed. We reserve the right to accept or reject your Order for any reason. All Tickets are subject to availability.
(d) In the event that you purchase Tickets to an Event on behalf of a third party, you represent and warrant that you have made that third party aware of these terms & conditions and you acknowledge and agree that actions of that third party shall also be attributed to you for the purposes of these terms and conditions.
(e) All Event attendees must be at least 18 years of age.
(a) To submit an Order and/or to purchase a Ticket, you may be required to sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account. We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
3.1 EVENT INCLUSIONS
(a) At the time of placing an Order, you will have the opportunity to review the inclusions/exclusions of your Ticket. Your Ticket will only include access to those inclusions as set out on our Website at the time of placing an Order. A particular Ticket may include access to one or several days of an Event, certain speakers/judges (Speakers), demonstrations, networking opportunities and dinner events.
(b) Flights, accommodation and meals (unless otherwise specified in writing, for example as part of an included dinner & drinks package) are not included in your Ticket. You are responsible for organising your flights to and from the Event location, accommodation, and food & beverages.
3.2 event variations
(a) We reserve the right, at any time, to vary:
(i) the schedule of the Event, including the advertised programs, Judges, Speakers, attendees, activities, content presented at the Event, venue(s), seating arrangements and any other ticket categories; and
(ii) the date of the Event or any other part of the Event.
(b) If a specific Judge is unavailable to attend an Event, we will endeavour to replace that Judge with a speaker of a similar expertise, however we make no guarantees in this regard. You acknowledge and agree that in booking a Ticket, you understand and accept the risk that one or more of the advertised Judge may be unavailable to present at the Event for any reason.
(c) To the extent permitted by law, where we cancel or vary an Event, we will not be liable for any other loss, damage, charge or expense (including special, incidental or consequential) incurred by you as a result of such cancellation or variation including without limitation the costs of any travel or accommodation. You incur such expenses at your own risk.
a) All judges decisions are final and cannot be changed.
b) You must follow the instructions via the entry portal and adhere to the opening and closing dates.
c) Refunds are not permitted for award entries
3.4 ATTENDEE CONDITIONS
(a) You may be denied entry into the Event, or removed from the Event if you fail to follow these terms or where we have reasonable grounds to do so including (without limitation) where we believe that you have engaged in any illegal or disruptive activities, you are intoxicated, under the influence of illicit substances, represent a security risk, or have acted in a manner which affects the enjoyment of the other attendees at the Event or the public. If you are removed or denied entry from the Event you will not be entitled to any refund.
(b) You acknowledge at all times you are solely responsible and liable for your own behaviour and wellbeing.
(c) All unauthorised photography and/or recording or transmitting of audio or visual matter that is used for commercial purposes is expressly prohibited at the Event. For the avoidance of doubt, you may take general photos or videos for non-commercial purposes for sharing on social media platforms such as Facebook, Twitter or Instagram. These digital images must be of a general nature, depicting the event and/or Speaker. If any Speaker requests that you do not photograph or record their presentation, you must comply with such a request.
(d) The Ticket is also subject to any additional terms and conditions of the owner or licensor of the venue. Admission to the Event is subject to any of the venue conditions. You agree to comply with all reasonable instructions issued by us or by the owner or licensor of the venue.
(e) Unfortunately, depending on the venue of the Event, we may not be able to guarantee disabled access to the Event due to our limited control of adding facilities at the venues.
(f) You may be required to submit to a search of yourself and/or possessions before entering the Event.
(g) As part of the Event, we may serve alcohol. We do not condone excessive or binge drinking. We promote responsible drinking of alcohol. You must always abide by state and federal laws regarding lawful drinking practices. We strongly advise that you do not drive after the consumption of alcohol at the Event and we do not accept any responsibility for such conduct. We reserve the right to refuse to serve you alcohol without notice.
3.5 GIFT BAGS
(a) You acknowledge and agree that while we may provide complementary gift bags, items, or samples as part of an Event, we are not obliged to do so. If we do decide to offer any such complementary gift bags, we make no guarantees as to its contents.
(b) Any such complementary products provided by us only have the benefit of any warranty given, and insurance held, by the manufacturer.
4.1 CANCELLATION BY YOU
(a) We do not offer refunds for change-of-mind cancellations.
(b) To the maximum extent permitted under the Competition and Consumer Act 2010 (Cth), any fees paid or due in accordance with this agreement are non-refundable as a result of cancellation by you. This includes cancellation by you for reasons beyond your control.
(c) Non-attendance of any Event or part of an Event by you for any reason does not provide the right to refund or for you to reschedule your Ticket to a later Event.
4.2 CANCELLATIONS BY US
(a) If we are required to cancel or reschedule an Event as a result any decision of a government authority in relation to COVID-19, we will notify you as soon as possible. In such circumstances, to the extent permitted by law you will not be entitled to a refund and we are not obliged to reschedule your Ticket to a future Event.
(b) Other than in circumstances where we cancel under clause 22, if your Ticket or an Event is cancelled:
(i) we will not be in breach of these terms & conditions by virtue of the cancellation; and
(ii) we will notify you and provide you with a full refund of any fees paid for such Ticket or Event or offer you an exchange for an alternative Event or credit (if we consider this possible).
(a) You acknowledge and agree that your use of the Services (including relevantly your participation and attendance at an Event) is at your own risk. We provide the Services and each Event on an “as-is” basis and whilst every effort is made to ensure the information provided through the Services is accurate, we make no representations and give no warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of anything contained in the Services and each Event for any purpose.
(b) To the maximum extent permitted by law, the Services and each Event are provided without any warranties, representations, or conditions of any kind, whether express, implied or statutory. You acknowledge and agree that:
(i) we are not responsible for any information provided through the Services and each Event;
(ii) you are solely responsible for following or not following, or undertaking research of, or making an assessment of any information given through the Services and each Event;
(iii) you are solely responsible for your behaviour and wellbeing at the Services and each Event; and
(iv) we do not guarantee any specific results.
(c) You acknowledge and agree that any information made available in connection with the Services is general in nature and does not constitute medical, legal, financial, business or any other type of advice. Any information provided to you and in any linked or referred to materials or websites is not and should not be construed as medical, legal, financial or business advice. Information provided during the provision of the Services and each Event by us and our associated companies, staff, presenters and volunteers is for educational and informational purposes only.
(d) The Services are not intended to establish a doctor/health practitioner-patient relationship between us and you, or you and any presenter or facilitator at any event, nor is it intended to replace the services of a health care professional. If you think you may be suffering from any medical condition, you should seek immediate medical attention from an appropriately qualified medical practitioner.
(e) The Services may provide support, guidance and tools to assist you to demonstrate techniques, set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, are your sole responsibility. We will not be responsible for any decisions that you make, nor any loss, damage, charge or expense (including special, incidental or consequential) that may arise out of any decision made by you at any time.
(f) Nothing on the Website or any of the Services is a promise or guarantee of results or future earnings. Any information given (including case studies) is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically for your personal or business needs. You understand that because of the nature and extent of the Services, the results experienced by each person may significantly vary.
(g) Any testimonials and examples within any marketing materials are not to be taken as a guarantee that you will achieve the same or similar results
(h) You should not rely on any information contained in the Services in making medical, health-related, business, legal or financial decisions.
(a) Refunds are not issued for changed of mind, incomplete or entries not submitted by the closing date. You must pay the fees for Tickets (Fees) in the amounts, and on or before the due dates, set out at the time of placing an Order and/or on an invoice issued by us to you (Invoice). You must pay the deposit via our Website at the time of placing an Order to secure your Ticket.
(b) We will issue an Invoice to you for the payment of Fees. You must pay the Fees in accordance with the remittance method set out in an invoice.
(c) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
(d) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) We may use third-party payment providers (Payment Providers) to collect payments for Tickets, currently Stripe. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) In the event that we discover an error or inaccuracy in the price at which your Order was purchased, we will attempt to contact you as soon as possible and discuss options to rectifying the error.
(g) We may at our sole discretion allow you to pay the Fees in monthly instalments. If we allow payment in instalments, you must pay each instalment in the amounts and at the times advised by us at the time of placing an Order.
7 INTELLECTUAL PROPERTY
You acknowledge and agree that:
(a) we (or the relevant licensor or Speaker) own all rights, title and interest in and to all material associated with an Event (including any material developed during the course of providing you with the Services and the Intellectual Property contained therein), such as the content of presentations (Materials); and
(b) you will not copy, reproduce, alter, modify, create derivative works, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Materials except with our prior written permission or the relevant third party authorised to grant such permission and when doing so you must adequately acknowledge us or the relevant third party.
For the purposes of this clause 7, “Intellectual Property” means all intellectual property rights, including without limitation inventions, patents, copyright, trademarks, know-how, processes, concepts, and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these terms.
8 Photos & Filming Consent
You acknowledge and agree that we (or an authorised agent of ours) may take photos and/or videos of you in connection with the provision of the Services (including your participation or attendance at an Event).
You authorise and consent to us using any photograph or video of you taken during the provision of the Services including relevantly any Event, for any purpose including for promotional and marketing purposes of future events. You warrant that you have the permission of all attendees who you arrange to attend the Event to take and use such photos and videos.
9 THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Services; or
(ii) procure materials and products from third party suppliers,
without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
10 Third party presenters and providers
To the extent permitted by law, neither we nor any of our directors or employees are liable in in contract, tort (including negligence) or otherwise for any loss, damage, delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party presenters or providers over whom we have no direct control. This includes without limitation the provider of any venue or catering.
Where information or other materials (including food or drink items) is provided by a third party presenter (such as a Speaker) or provider:
(a) such information or other materials is not endorsed by us in anyway (except where we otherwise expressly advise);
(b) we do not take steps to verify the accuracy, completeness or otherwise of such information or other materials and as such provide no warranty or representations of such information or other materials;
(c) we are not responsible for any such information or other materials;
(d) with respect to food or drink items:
(i) actual nutrient values, information and serving sizes labelled on the items are provided by a third party unrelated to us and we are not liable for such;
(ii) information provided by a third party is approximate and intended to be used as a guide only;
(iii) we do not guarantee that any food or drink is safe to consume, and you consume such at your own risk; and
(iv) no allergen or nutritional information provided by a third party should ever be considered a guarantee, and we will not be liable for any loss or damage arising in connection with adverse reactions to food or drink consumed or other items you may come into contact with in connection with the Services.
Part B For When You Browse This Website…
11 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
12 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Permanent Cosmetic Culture;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Tickets;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Permanent Cosmetic Culture, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
13 INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
14 INTELLECTUAL PROPERTY
(a) Permanent Cosmetic Culture retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Permanent Cosmetic Culture or as permitted by law.
(c) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
15 THIRD PARTY TERMS AND CONDITIONS
(a) You acknowledge and agrees that third party terms & conditions (Third Party Terms) may apply.
(b) You agree to any Third Party Terms applicable to any third party goods and services, and Permanent Cosmetic Culture will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
16 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
17 THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
Permanent Cosmetic Culture does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
19 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Part C Liability And Other Legal Terms…
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
(a) (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of us to you in respect of loss or damage sustained by you under or in connection with this agreement is limited to the total Fees paid to us by you in respect of the Event giving rise to the relevant liability.
(b) (Indemnity) You agree at all times to indemnify and hold us harmless and our officers, employees, agents and contractors (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by you or your officers’, employees’, agents’ or contractors’:
(i) breach of any term of this agreement;
(ii) use of the Website; or
(iii) negligent, fraudulent or criminal act or omission.
(c) (Consequential loss) We will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by us, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
22 FORCE MAJEURE
(a) We will not be liable for any delay or failure to perform our obligations under this agreement if such delay or failure arises out of a Force Majeure Event.
(b) If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligations under this agreement.
(c) Subject to compliance with clause 22(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of our control;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond our reasonable control, to the extent it affects our ability to perform its obligations.
23.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
23.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
23.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified on our Website, or if no email address is specified on our Website, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.
COPYRIGHT ABACTA 2022