thecolonialshow.com.au and iconicperformances.com.au and bookings.iconicperformances.com.au and iconic.productions and iconic-productions.com and iconic-productions.com.au are online services(websites) owned and operated by ICONIC PRODUCTIONS and ICONIC PERFORMANCES Pty Limited (ABN 58 141 824 599) and all online booking forms and submissions are processed by Iconic Productions or Iconic Performances Pty Limited. Iconic Performances Pty Limited also trade as Iconic Productions.
As the customer and internet browser (you) we recommend that you read these Terms and Conditions carefully before using the Site or making a booking. By using ICONIC PRODUCTIONS and/or ICONIC PERFORMANCES online Site or by making a booking with ICONIC PRODUCTIONS or ICONIC PERFORMANCES by any means including but not limited to electronic bookings, online bookings, over the telephone, by facsimile or mail orders, you are agreeing to be bound by the following terms and conditions. If you choose not to be bound by the terms and conditions prior to make a booking or placing an order, ICONIC PRODUCTIONS and ICONIC PERFORMANCES does not grant you the right to use the Site and you must cease using this Site.
The term "PRODUCTION COMPANY" and/or "we" and/or "us" and/or "our"used herein or on any correspondence, document, invoice, digital means, electronic email or web-page owned, operated or managed by ICONIC PERFORMANCES refers to ICONIC PERFORMANCES PTY LIMITED and/or ICONIC PRODUCTIONS associated with the event which has been booked with and performed by the contractors and/or staff of Iconic Productions or Iconic Performances Pty Limited.
The term "event" and/or "product" used in any correspondence, document, invoice, digital means, electronic email or web-page owned, operated or managed by the PRODUCTION COMPANY refers to any product and/or show and/or performance and/or event and/or activity associated with the product which has been purchased and booked from the PRODUCTION COMPANY.
The term "you" and/or "your" and/or "yourself" and/or "customer" used in any correspondence, document, invoice, digital means, electronic email or web-page, owned, operated or managed by the PRODUCTION COMPANY refers to the customer (the contact), adult, parent and/or guardian who made the booking, purchase or order.
The term "cancellation" and/or "refund" used in any correspondence, document, invoice, digital means, electronic email or web-page, owned, operated or managed by the PRODUCTION COMPANY means the same and refers to a cancellation or refund request of a booked, or purchased, or order made by you.
The PRODUCTION COMPANY may vary these Terms and Conditions at any time. Any variations become effective on posting. By making a purchase through the PRODUCTION COMPANY's Online Booking website, this website, over the telephone, by email, eCommerce electronic purchase, in person or, by mail correspondence, after the terms and conditions have been varied, you agree to be bound by the variation.
Last updated June 10, 2020.
The Booking Terms and Conditions are current as of:
GENERAL TERMS and CONDITIONS
There is always an element of risk inherent in participating in live interactive performances and/or shows, handling authentic or created materials, props and equipment. PRODUCTION COMPANY actors and staff take every precaution to ensure the safety of the participants and staff. It is important for all participants, children and adults to understand that if used improperly, and/or without PRODUCTION COMPANY actors and/or staff supervision, certain equipment and materials can be dangerous.
PRODUCTION COMPANY strives at all times to provide fun, safe performances and activities for all children, adults and participants. In an effort to fulfill this commitment, we ask that all participants who are either attending by a purchased ticket or booking, enrolled, volunteering (upon approval) and/or participating in PRODUCTION COMPANY events follow the guidelines established and explained during the beginning of each event. If deemed that a participant (child and/or adult) is behaving and/or speaking in an unsafe manner, PRODUCTION COMPANY may ask that the person in question be removed from the PRODUCTION COMPANY event, and in such a case, no refund will be awarded. You agree and understand that it is a requirement that all participants, children and adults cooperate with PRODUCTION COMPANY staff and contractors in the event that you are notified of discipline problems.
By booking the event you (the customer, company, adult, parent and/or guardian) certify, agree and accept that the participants attending the event are physically able to participate in all PRODUCTION COMPANY event. PRODUCTION COMPANY assumes no responsibility for injuries or losses caused by situations or inappropriate behaviour beyond our control. In the situation that you cannot be contacted, you (the customer, company, adult, parent and/or guardian) give permission for PRODUCTION COMPANY actors and/or staff to offer first aid and seek medical attention if required, at your expense. Furthermore you (the customer, company, adult, parent and/or guardian) give permission for those participants attending to participate in PRODUCTION COMPANY events. You also agree, and understand that if any person (child and/or adult) participating fails to abide by the policies and guidelines as outlined by PRODUCTION COMPANY actors and/or staff and/or contractors this may result in the cancellation of the event and/or removal of the person in question, with NO refund offered. It is the responsibility of the customer to ensure that they have read, and understood all the Terms and Conditions for the event as posted on our websites and provided in related correspondence.
Event Bookings, shows, performances and packages are sold by PRODUCTION COMPANY for the relevant event package purchased. ALL CLAIMS ARE THE SOLE RESPONSIBILITY OF THE BUYER AND TO THE EXTENT PERMITTED BY LAW.
All purchases, booking or orders for any product managed, produced or owned by the PRODUCTION COMPANY including events booked and/or purchased and/or ordered or tickets purchased or booked for an event are non-refundable and are done so on a no-returns or no-cancellation basis. Absences, no-shows or cancellations will be required to be paid for in full. Subject to refund requests made in relation to refundable tickets (see the Refundable Product Terms and Conditions of Sale below);
- The PRODUCTION COMPANY will only offer a refund or exchange of a ticket if the product is cancelled, rescheduled or significantly relocated by PRODUCTION COMPANY or the Seller (and you cannot or do not wish to attend the rescheduled or relocated product), or to the extent otherwise required by law (including the Australian Consumer Law). You must apply for a refund within a reasonable time. The PRODUCTION COMPANY does not offer refunds or exchanges as a result of a change in your personal circumstances or change of mind.
- If a product is cancelled, rescheduled or significantly relocated by the PRODUCTION COMPANY or Seller, all liability is limited to the amount for which the product was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Unless required by law (including the Australian Consumer Law), neither the PRODUCTION COMPANY nor the Seller will be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses.
- The PRODUCTION COMPANY will only replace lost, stolen, damaged or destroyed tickets if the authenticity of the ticket can be verified, including proof of purchase, and if you give reasonable notice before the event. The PRODUCTION COMPANY may charge a reasonable fee for the replacement of the product. The PRODUCTION COMPANY may not replace tickets where seating is unallocated (general admission tickets).
- You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at a product. You may also wish to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling or relocation.
Each purchase is also sold subject to any additional terms and conditions where the PRODUCTION COMPANY manages or produces another business product for the Seller for the particular event (“Seller’s Terms”). The Seller’s Terms may be disclosed as part of the purchase information on the PRODUCTION COMPANY’s website and at associated agents and outlets at the time of purchase. The Seller’s Terms are also available from the PRODUCTION COMPANY on request.
The following terms and conditions are both of sale (including any resale or subsequent assignment) and conditions of attendance at the event
as well as these Terms and Conditions apply to both the original purchaser
(“you”) and any subsequent ticketholders.
GENERAL TERMS and CONDITIONS specific to ALL CUSTOMERS and PRODUCTS/EVENTS/SHOWS/PERFORMANCES BOOKED with PRODUCTION COMPANY :–
- Where you have made the purchase, booking or order on behalf of another person, business or company, you are responsible for the purchase, booking or order and for any amounts owing and balances to be paid.
- When booking an event with PRODUCTION COMPANY, you agree and are bound by the terms and conditions of PRODUCTION COMPANY.
- Prices charged per ticket at the time of the event booking stand only for the number of tickets originally booked. Additional bookings, extra tickets or sales for the same event after the original event booking will be charged at the RRP or a higher rate due seasonal or event demand.
- Purchasing Additional Tickets for Event Bookings/Shows/Performances: To purchase additional tickets for a booked event/show/performance/production contact our events team approximately 14 days before the event date. Additional tickets purchased 14 or more days before the event date will be offered at the same price of the original booking (excluding any bulk group discounts). Where additional tickets are purchased within 1-7 days before the event date, the RRP full price (excluding group and/or voucher/coupon discounts) will be charged to cover the additional costs of urgency to stock/load/add extra props/technical equipment for a larger event/product purchase. Attendance more than the number purchased/booked as displayed on the booking order or Tax Invoice will incur additional charges equal to RRP of the event as stated in clause 2.
- Where an event has a minimum number requirement, and the number of tickets purchased is less than the minimum number required for that event, the total cost for the minimum number of tickets for that product/event will be required to be paid in full.
- All PRODUCTS/EVENTS booked by the customer are required to be paid in full at the time of the booking or if a TAX Invoice is requested and approved by the PRODUCTION COMPANY or provided to the customer by the PRODUCTION COMPANY the total amount of the booked event is required to be paid within 14 days of receipt of the Tax Invoice or on or before the due date as displayed on the tax invoice. The customer agrees to pay the total amount of the booked event/s on or before the due date as displayed on the tax invoice issued.
- Where a TAX Invoice has been issued the customer agrees to pay PRODUCTION COMPANY the total cost of product/event purchase/booking, by cheque, EFT, direct credit bank transfer or by credit card, as displayed on the Tax Invoice, by the due date as shown on the tax invoice. Failure to pay the balance of the Tax Invoice will result in administration fees, late fees, possible cancellation of the product/event and/or cancellation charges. Where you are unable to provide payment by the due date, PRODUCTION COMPANY needs to be advised at least 5 business days before the due date.
- The customer agrees to pay the total amount of the event, less deposit (if applicable or received), or the balance of the event to PRODUCTION COMPANY within 14 days of receiving the Tax Invoice or on or before the due date as displayed on the TAX Invoice. The product must be paid in full before the event date. Failure to pay the final balance or the total amount owing by the DUE DATE, will incur administration and late fees.
- DEPOSITS (applies only on events where a deposit is required/approved by the PRODUCTION COMPANY- as all events are required to be paid in full as per clause 5): Where a deposit is required for an event booked, the customer agrees to pay PRODUCTION COMPANY the deposit amount as shown on the Tax Invoice issued, by the due date as shown on the Tax Invoice, to secure the event date. Where an event booked requires a deposit and the deposit amount is not received for the booked event, by the due date the booking and/or ticket purchased may be void, cancelled and a cancellation fee, equal to the total amount of the event booked and/or ticket purchased will be required to be paid. Failure to pay the cancellation, will result in the account being forwarded to a collections agency for payment. Where a collections agency or legal representation is acquired to obtain debt collection, call costs associated and charged to PRODUCTION COMPANY with regards to the debt collection services and/or legal costs will be required to be paid for by the customer in full, including all administration and late fees incurred.
- You understand and agree that for the security and safety of PRODUCTION COMPANY actors and production staff, PRODUCTION COMPANY does not allow the performers, contractors and/or staff to receive or carry payment and/or monies. Therefore payments paid by CHEQUE are to be POSTED before the event date to PRODUCTION COMPANY accounts department and NOT hand delivered to the actors or production staff on the day of the event.
- No refund or exchange on any event or show ticket and/or confirmation invoice will be issued except as required by law and as otherwise specified by PRODUCTION COMPANY. If a refund is made, PRODUCTION COMPANY may, to the extent permitted by law, retain any fee it has charged.
- The right is reserved to add, withdraw, reschedule or substitute actors and/or performers, and/or vary advertised shows, performances, events, prices, venues, scheduling arrangements and audience capacity.
- The right is reserved to charge a fee for the replacement of confirmation invoices. PRODUCTION COMPANY reserves the right not to replace confirmation invoices where seating is not allocated.
- The right of admission is reserved and is subject to PRODUCTION COMPANY and the venue's terms of admission, copies of which are available from PRODUCTION COMPANY on request. Where the customer has booked a venue externally from PRODUCTION COMPANY, the venue's terms of admission is the responsibility of the customer and PRODUCTION COMPANY continues to reserve the right of admission. Late arrival may result in non-admittance until a suitable break in the performance.
- Cameras, audio and video recorders may not be permitted in this event. The customer is required to ask the PRODUCTION COMPANY, or the event team , or the crew, or presenter or the PRODUCTION COMPANY staff for permission. The right is reserved to broadcast or telecast any event. The PRODUCTION COMPANY reserves the right to use any and all photos, images or video recordings taken by the PRODUCTION COMPANY staff, contractors, customer's or the public for the commercial use in advertisements, emails, brochures or publications. You, the customer, irrevocably offer, >consent, authorise and grant an exclusive license and permission to the PRODUCTION COMPANY, and its affiliations, which includes its successors and assign them the right to having the event being filmed, photographed, recorded, simulcast or broadcast (‘ARTWORK”) from your location, a theatre or other place of entertainment during the course of the event be performed which is owned, operated or managed by the PRODUCTION COMPANY; the right to create/draft/design/use/edit the ARTWORK into video, video clips, sketches, illustrations, paintings, images, photographs, cgi, vfx, sfx and other related work for the purpose of advertisement, programming, filming and/or TVC, and/or other visual reproductions (“PROMOTIONAL MATERIAL”) which may include other artwork and material; the right to use and to license others (where applicable) to use the ARTWORK and the PROMOTIONAL MATERIAL in all media throughout Australia and the world including for the purposes of recordings, publicity, advertising, sales, and promotion of the EVENTS (“PERMITTED PURPOSE”). In addition, you irrevocably release and waive your right now or hereafter to request or receive royalties, payments, compensation or other financial gain from the PRODUCTION COMPANY based on the use of the ARTWORK, and/or the PROMOTIONAL MATERIAL for its PERMITTED PURPOSE. Furthermore your indemnify the PRODUCTION COMPANY from any monetary compensations, reimbursements, and payments for use of the ARTWORK and PROMOTIONAL MATERIAL for its PERMITTED PURPOSE. The PRODUCTION COMPANY acknowledges and agrees that all ARTWORK can be used by you, the customer for personal home use and/or the purpose of reference material and/or advertising, promotions, and/or exhibition of the Event but cannot be used by the customer for commercial financial gain and and/or exploitation of the event and/or the Live Performance Recordings or re-recording by any method or device now known or hereafter devised in which the same may be used, and/or incorporated and/or exhibited and/or exploited. You acknowledge that the use of the ARTWORK for your purposes must state and publicly display the PRODUCTION COMPANY's registered business name and/or logo and Copyright protection liability of the PRODUCTION COMPANY.
- It may be a condition of entry to shows/performances/events that a search of person and/or their possessions will be required at the time of the entry to the venue. In the event that this action is required the actors and /or staff of PRODUCTION COMPANY will advise the teachers present at the performances that action may need to be taken.
- You agree to have an area allocated for the production staff and actors to set up. PRODUCTION COMPANY staff understand that the location and/or venue may change prior to or on the event date, however PRODUCTION COMPANY reserves the right to decide on the best location of the performance if the location or venue changes. Electricity or a power point must be accessible from the area selected.
- Entry may be refused if payment is not received prior to the scheduled show/performance/event.
- Entry may be refused if show/performance/event tickets and/or confirmation invoices are damaged or defaced in any way or are not purchased from PRODUCTION COMPANY authorised points of sale.
- Cancellation of an event will occur if full payment is not received by the due date shown on the ticket and/or confirmation invoice. In the event that cancellation has occurred - no refund will be given.
- EVENTS ARE NON-REFUNDABLE and all cancellations will incur a cancellation charge of the balance or total amount owing for the event that you agree to pay, once notification to or from PRODUCTION COMPANY of the cancellation. PRODUCTION COMPANY reserves the right to amend the cancellation fees. Cancellation of an event after transferring or altering the original event date, will incur a cancellation fee equal to the total amount of the event as shown on the original event Tax Invoice.
- Transferring events to another date or change of the original event date is permitted within 30 days from the event date, as long as the new date is available and serviceable by the contractors and/or staff at PRODUCTION COMPANY and the date change occurs in the same year as the original booking. Where the date change is not available or the request to transfer the event date is made within 1-30 days from the event date, and/or the customer requests to cancel the event, cancellation fees and administration fees will apply.
- The confirmation invoice may not, without the prior written consent of PRODUCTION COMPANY, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If confirmation invoice relating to a show/performance/event is sold or used in breach of this condition, the show/performance/event may be cancelled without a refund and the bearer of the confirmed invoice may be refused admission.
- Confirmation invoices will automatically be delivered via email, upon successful completion of the purchase of the scheduled show/performance/event. Where applicable invitations and/or tickets will be delivered within 7 days after successful completion and payment of the purchase of the scheduled show/performance/event.
- PRODUCTION COMPANY do not offer credit or credit accounts to customers.
- Overdue Accounts and all overdue invoices that are unpaid by the due date, as displayed on the Tax Invoice and/or statement, will incur a late fee of 10% of the balance due, per week late, from the due date, until full payment including all administration and late fees are paid. In the event that overdue accounts or invoices remain unpaid and/or are disputed, PRODUCTION COMPANY reserves the right to acquire the services of a Debt Collection Agency or Legal Representation to obtain the Overdue Amount, including any and/or all administration and late fees applied. Where a collections agency or legal representation is acquired to obtain debt collection, call costs associated and charged to PRODUCTION COMPANY with regards to the debt collection services and/or legal costs will be required to be paid for by the customer in full, including all administration and late fees incurred.
- If payment for the event has not been received by the due date, as displayed on the Tax Invoice and/or confirmation letter, administration and late fees will be charged per week, from the due date until full payment for the event has been received, including the administration and late fees charged.
- Absences, non-attendance or numbers less than the total quantity booked for the event, will be required to be paid for by you (the customer). PRODUCTION COMPANY will not be responsible or liable for absences, non-attendance or numbers less then the total quantity booked for the event.
- If an event has been double booked or cannot be serviced by PRODUCTION COMPANY due to unavailable actors and/or performers, a refund, less any administration charges will be given to the customer upon confirmation of the error or no-show status.
- You (the customer) agree that it is your (the customers') responsibility to ensure that a copy of the Tax Invoice is given to your Accounts Payable Team or the person in charge of paying invoices and/or bills to ensure that no delay occurs in receiving the total amount due by the due date or 7 days before the event date.
- You must allow adequate time for collection or delivery of the confirmation invoice. The confirmation and tax invoice for the paid booked show/performance/event will be delivered either via email, post or by fax from our PRODUCTION COMPANY Office. You will be allowed to choose your collection/delivery method.
- PRODUCTION COMPANY reserves the right to charge additional travelling fees dependent on the distance of the location of the venue for the event from PRODUCTION COMPANY office. The travelling fees may apply and vary depending on the location of venue for the event.
- All related company taxes will apply to all goods and services supplied through this Site and during any method of booking an event. Prices in this Site or quoted exclude all government and/or sales tax where applicable. Prices are quoted normally in AUD, USD or EURO currency or where applicable in the country of the event's local currency and supersedes all prices previously advertised. All prices are valid subject to Government, fuel surcharges and currency, inflation or CPI fluctuations. Where concessions are applicable, suitable and valid identification must be provided for collection of the confirmation invoice or to attend the venue.
- Additional information may be found on the ticket and/or confirmation invoice that you agree to abide by.
- Discounts received/offered are applicable to new bookings ONLY and cannot be applied to current or existing bookings. No discount could be combined or used in conjunction with any other discount or offer available or on any event/show booked prior to the discount being offered.
- You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
- All reviews are subject to our Review and Feedback Policy. For more information on our Review and Feedback policy click here. Reviews of events, shows and PRODUCTION COMPANY or the companies/partners we manage are only to be written by customers associated with an event or product booking/purchase that have had a customer service experience that they want to share with other customers, PRODUCTION COMPANY and the entertainment community
- The terms and conditions is governed by, takes effect and will be construed in accordance with the laws of the State of New South Wales and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that State and courts entitled to hear appeals therefrom.
- You agree and accept any dispute arising pursuant to the terms of this Agreement shall be determined in accordance with the laws of the NSW, Australia and the Courts of the said NSW Australia shall be deemed to be the Courts of appropriate jurisdiction for resolution of all issues arising pursuant to the terms hereof.
Events booked for School or Educational Institution Performances and/or Shows: The amount shown on the confirmation invoice is based on the number of tickets booked/purchased and the price of the event is based on the group size as stated. Changes to group size or numbers exceeding the original numbers booked will incur additional charges. Numbers of tickets purchased/booked for an event can not be changed to a number less than the original number of tickets purchased/booked. Where the number of tickets purchased/booked is changed and is less than the original number of tickets purchased/booked the customer would be required to pay the charges for the original number booked for that event. Discount rates are provided based on group sizes.
Theatre Restaurants and Event Functions “Special Events and/or Corporate Events and/or Show”: The amount shown on the confirmation invoice is based on the minimum number booked and the price of the event is based on the group size as stated. Bank Electronic Transfer Payment TO FINALIZE THE EVENT WILL ONLY BE ACCEPTED 7 WORKING DAYS PRIOR TO THE EVENT DATE. Late fees may apply if this occurs.
Refundable and Cancellation Product Terms and Conditions of Sale
The following Terms and Conditions apply in addition to the PRODUCTION COMPANY’s standard General Terms and Conditions for any and all purchases, orders and bookings where the Customer has elected to purchase a product.
The PRODUCTION COMPANY will provide you with a refund on any unused booking if you are unable to attend the product event due to any of the circumstances set out in the table below for which you have made a request for a refund/cancellation and have provided the information required to support your request, as set out in the table below including a range of circumstances arising from force majeure.
Refund requests specifically or partially due or related to COVID-19 (i.e.: coronavirus) will be permitted as a credit to the customer valid for 12 months from the date of the request of refund. The refund request will be subject to our annexed terms as stated in https://bookings.iconicperformances.com.au/Coronavirus-2020Update/
This is not an insurance policy. Refund Protection is an optional extension to Our standard Terms & Conditions of sale and trade, and it provides a right to a refund in certain defined circumstances outlined in the table below. Your refund application and payment will be handled in our name by Refund Protect who act as the administrator of the Refund Protection extension provided by us.
The following words or phrases have the meaning shown below wherever they appear in this document. The aim of this section is to clearly define the terms used in the “What we will refund?” and “What will we not refund?” sections of this document.
Adverse Weather means Weather which is severe or dangerous enough for a Government Agency to have issued warnings not to travel and which entirely prevents you from attending or reaching the Booked Event.
Armed Forces means Any Branch of one of the following services: Naval Service, Marines, Army or Air Force.
Booking/Booked Event means The pre-planned and pre-booked service(s)/event(s)/ticket(s)/purchase(s)/order(s) including booking and service fees transacted with us by you.
Communicable Disease means any disease capable of being transmitted from an infected person or species to a susceptible host, either directly or indirectly. Communicable Disease includes COVID-19.
Doctor means A qualified medical practitioner registered and licensed with a recognised professional body. A doctor cannot be you or a member of your immediate family.
Emergency Circumstances means An unforeseen circumstance completely outside your control and of no fault of yours.
Emergency Services means The Police, Fire and Rescue Service or other Emergency Services.
Illness means A physical or mental condition confirmed by a Doctor that prevents you from attending the Booked Event, this includes if you or an immediate family member contracts the COVID-19 virus.
Immediate family means Your husband, wife, partner, civil partner, parent, child, brother, sister, grandmother or grandfather.
Injury means An accidental bodily injury confirmed by a Doctor that prevents you from attending the Booked Event.
Normal Pregnancy means Symptoms which normally accompany pregnancy (including multiple pregnancy) and which are generally of a minor and/or temporary nature (e.g. morning sickness, fatigue etc.) which do not represent a medical hazard to mother or baby.
Pre-Existing Medical Condition means An injury or illness that you were aware of at the time you made the booking.
Pregnancy Complication means A complication of pregnancy other than Normal Pregnancy which you were unaware of at the time of the Booking and which results in you being unable to use, participate in or attend at the Booked Event.
Paying Party means any organisation or body who has a legal liability to pay compensation for the failure of the service against whom you have a right of redress under the terms of carriage.
Refund Protect means A trading style of Event Protect Limited who act for us as administrator of all refund applications made by our you under our Refund Protection terms.
|What we will refund.||What we will NOT refund.||Evidence Required|
|Illness / Injury means an, Illness or accidental Injury to you or a member of your Immediate Family.||If you cannot produce a Doctor’s note for the, Illness or Injury.||Doctor’s note or Medical Certificate confirming the illness or injury occurred after purchase of your ticket and prior to the date of the Booked Event.|
|Pre-existing Medical Condition means a pre-existing medical condition that you were aware of at the time you made the Booking that would not normally preclude you from participation and use of the Booking.||
* Where publicly available guidelines concerning your pre-existing
medical condition would normally preclude you from participation in or
attendance at the Booked Event.
* Where you have been advised prior to the Booking by a Doctor or medical professional that you should not participate in an event such as the Booked Event.
|Doctor’s note or Medical Certificate dated after purchase of your ticket and prior to the date of the Booked Event.|
|Pregnancy Complication means a complication of pregnancy you were unaware of at the time of the Booking and which results in you being unable to use, participate in or attend at the Booked Event.||
* If you received advice from a Doctor or Medical Professional prior to making the Booking that you should not engage in the Booked Event.
|Doctor’s note or Medical Certificate|
|Death means your death any time prior to the Booked Event or the death of an Immediate Family member or any person(s) in the Group due to attend the event with you, up to 4 weeks prior to the date of the Booked Event.||The death of a person that is not an Immediate Family member or any person(s) that are not in the Group due to attend the Booked Event with you.||A death certificate.|
|Public Transport Failure means unexpected disruption or failure of the public transport network which you could not have reasonably been aware of before the date of the Booked Event.||
* If you were previously aware of the disruption to the Public Transport
Network prior to the date of the Booked Event and did not make
reasonable suitable alternative travel arrangements to attend the Booked
* If there is a financial failure of any Public Transport.
* Paying Party - any organisation or body who has a legal liability to pay compensation for the failure of the service against whom you have a right of redress under the terms of carriage.
|A copy of the notice of failure or disruption of the public transport. (This can normally be obtained from the transport company’s website).|
|Scheduled Airline Failure means the cancellation of flight(s) which you were unaware of before the date of the Booked Event.||
* If you were previously aware of the disruption to the Public Transport
Network prior to the date of the Booked Event and did not make
reasonable suitable alternative travel arrangements to attend the Booked
* If there is a financial failure of any Public Transport.
* Paying Party - any organisation or body who has a legal liability to pay compensation for the failure of the service against whom you have a right of redress under the terms of carriage.
|A copy of your airline ticket and notice of cancellation from the airline.|
|Mechanical Breakdown means in the 24 hours prior to the Booked Event, the mechanical breakdown, accident, fire or theft of a vehicle taking you to the Booked Event.||
* If you did not leave sufficient time to travel to the Booked Event.
* If you did not make reasonable alternative arrangements to attend the Booked Event.
* If there is a mechanical breakdown, accident, fire or theft of the vehicle taking you to the Booked Event more than 24 hours prior to the Booked Event.
* Breakdown - A copy of the call out note from your breakdown recovery
service, (for example the RAC, AA, Green Flag).
* Accident - An accident report from the Police or relevant traffic authority.
* Fire - A report from the fire service and/or, the Police.
* Theft - A record including a crime reference number from the Police and evidence from the submission of a claim to your motor insurance company.
|Jury Service means a summons for you to attend Jury Service which takes place over the date of the Booked Event of which you were unaware at the time of making the Booking.||If you were aware of the Summons for Jury Service prior making the Booking.||A copy of the letter /Summons requiring Jury Service.|
|Court Summons means you are summoned to appear as a witness in court proceedings on the day of the Booked Event of which you were unaware of the time of making the Booking.||
* If you were aware of the date of the Court Summons prior making the
* Any Court Summons in which you are a named Defendant in Criminal Proceedings or where you are the subject of Criminal Proceedings.
|A copy of the Court Summons.|
|Home Emergency means a Burglary, Fire, Malicious Damage or Flood at your private residence up to 48 hours immediately before the Booked Event.||
* If the Home Emergency was more than 48 hours prior to the Booked
* If you were aware of the Home Emergency prior to making the Booking.
* Burglary, Flood, Malicious Damage - A record including a crime
reference number from the Police or evidence from the submission of a
claim to your home insurance company.
* Fire - A report from the fire service and/or police.
|Armed Forces & Emergency Services Recall means you as a member of the Armed Forces, Reserve Armed Forces or Emergency Services are recalled to work or duty on the date of the Booked Event or are posted overseas and as a result cannot attend the Booked Event.||
* you were aware or had a scheduled shift on the date of the Booked
Event, prior to making the Booking.
* you made an unsuccessful request for annual leave for the date of the Booked Event.
* you were relocated less than 100 miles from your current home address.
|A note from the your Commanding Officer or Line Manager to confirm being called into work or duty and that this was not your originally scheduled shift(s).|
|Adverse Weather means weather where a Government Agency has issued warnings not to travel which entirely prevents you attending or reaching the Booked Event.||Adverse weather with no warnings not to travel from a Government Agency.||
* A copy of the travel warning from the Government Agency.
* Confirmation of the relevant road closures.
|Relocated for Work Means a requirement to move address imposed on you by your employer, unknown to you at the date of Booking. The move may be temporary or permanent and must be more than 100 kilometres from your home address at the date of Booking.||
* Where the relocation or new job is less than 100 kilometres from your
* Attendance at business meetings and business trips.
|A letter from the your current employer confirming the relocation.|
|Theft of Ticket(s) means the theft of a physical ticket for the Booked Event in 24 hours before the Booked Event which cannot be replaced by the ticketing company/event organiser.||Where tickets are able to be replaced by the ticketing company /event in advance of the Booked Event or on the day via the box office.||
* A police report or crime number to confirm the theft of the tickets.
* An email from the ticketing company/event organiser /confirming they are unable to replace/re-issue the tickets.
|Government Travel Ban means the government of your country of residence issuing a public travel ban to the country or area where the Booked Event is scheduled to take place in the preceding 7 days before the Event.||
* Where your government has issued a travel warning but has not banned
travel to the country or area where the Booked Event is located.
* Where you made the booking after the Government Travel ban was already in force.
|Evidence from your national government website confirming the travel ban to the country or area where the Booked Event is located.|
|Redundancy means you are unexpectedly made compulsorily redundant by your employer.||
* Where the redundancy was voluntary.
* Where you are dismissed from employment.
|A letter of compulsory redundancy from your employer.|
|Changes to Examination Dates means the unforeseen change of the date of an examination for a course on which you are registered to the day(s) of the Booked Event.||
* Where you failed the examination previously and had to re-sit.
* Where the change of date of the examination was known to you prior to making the Booking.
* Where you have personally requested a change to the examination date.
|A copy of a notice from the examination body, school, college, university evidencing, the date of the examination has been changed.|
|Emergency Circumstances means an unforeseen circumstance completely outside your control and of no fault of Yours. The decision to refund is entirely at the discretion of Refund Protect as our administrator. They will consider these circumstances and have no obligation whatsoever to provide a refund.||Anything which Refund Protect considers is not intended to be part of this wording.||Any evidence requested by Refund Protect to verify the emergency circumstances.|
General Conditions of Refund:
- You must make all necessary arrangements to arrive at the event on time.
- You must not be aware of any fact, matter or circumstance, at the time Booking Refund Protection is selected, which may give rise to a refund request.
- You must take all reasonable precautions to prevent or reduce any request for a refund.
- Unless We agree otherwise:
- the language of this document and all communications relating to it will be English; and
- all aspects of the contract, including negotiation and performance, are subject to English law and the jurisdiction of the English courts.
- You will be asked to provide at your own expense the supporting proofs stated against the reason for refund shown in the table above.
- Requesting a Refund - If you have taken out a Refund/Cancellation Insurance policy, you must log into https://refunds.refundprotect.co and fill in and submit the Refund Application Form as soon as possible after becoming aware of circumstances that may lead you to request a refund but no more than 60 days after the Booked Event.
ADDITIONAL SPECIFIC TERMS and CONDITIONS for:
SCHOOL EVENTS / SHOWS / PERFORMANCES:
- Prices quoted or shown do not include any government or sales taxes. Government and Sales Taxes will be displayed on the Tax Invoice where applicable for bookings by schools and/or other companies and/or organizations for the purpose of educational events.
- Bookings made by schools and/or other companies and/or organizations for the purpose of educational events will have government or sales tax applied to the total amount of the event price and/or the per person price.
- The customer (you and/or school) agree to allow PRODUCTION COMPANY actors and/or staff to arrive at the designated location from the required setup time and leave the venue grounds as required to bump out the event props and equipment, unless alternative arrangements have been made in writing between you (the customer) and PRODUCTION COMPANY actors and/or staff.
- The total amount of the booked event is required to be paid within 14 days of receiving the tax Invoice or by the due date as shown on the tax invoice. Failure to pay the amount due will result in administrative and/or late fees and/or cancellation of the show/performance/event as per the terms and conditions 1-34 mentioned above. It is the responsibility of the customer to ensure that they have read, and understood the Terms and Conditions for the event as posted on our websites and provided on all Tax Invoices, booking forms and correspondence.
- Historical Discount / Explosive Offer / SOS Savings:
- To receive the discounted rate for the above, the event is required to be booked within the same year.
- Discounted rates may change from year to year, without notice.
- Savings valued is calculated and dependent on the type of show booked, the number of people booked for and the discount option selected.
- No offer could be combined or used in conjunction with any other discount or offer available.
- Each offer can only be used once per year.
- To receive the EXPLOSIVE offer, the Boombastic Science Show must have a minimum of 200 students booked.
- The ANZAC Story dates are limited and will only be performed on or near the week of the ANZAC Holiday.
- The ANZAC Story requires a minimum of 100 students for the offer to apply.
- To receive the 3 PLAN, a single event must be booked within the current year.
- Discount applies to the single event booked in the current year and same single event for the following 2 consecutive years.
- Can only be applied to the same event throughout the 3 consecutive years.
- Cannot be combined or used in conjunction with any other discount or offer available.
- Cannot be applied to the ANZAC Story, Strike Me Lucky, Colonial Tales with Sergeant Kennedy, or Colonial Classroom.
- Can only be cancelled on events that have not yet been performed.
- Cancellation of the 3 PLAN Discount will result in all unperformed events booked in the consecutive years to be charged at the full rate of the event package.
ADDITIONAL CONDITIONS FOR CORPORATE EVENTS / SHOWS, DINNER THEATRE RESTAURANT EVENTS for Venues, Clubs, Companies and/or Organizations:
- The specific terms and conditions below for this clause only, does not apply to audience purchased tickets, family tickets or individual ticket purchases by customers.
- The customer agrees to allow PRODUCTION COMPANY actors and/or staff to arrive at the designated location 1 and ½ hours prior to the commencement of the show/performance/event and leave the location grounds at and no later than 1 and ½ hour after the show/performance/event concludes on the same day, unless alternative arrangements have been made in writing between you (the customer) and PRODUCTION COMPANY actors and/or staff. The total amount due (less the deposit, if applicable or received) as shown on the tax invoice must be received by the due date. Failure to pay the amount due will result in administrative and/or late fees and/or cancellation of the show/performance/event. Where required, PRODUCTION COMPANY may require contact names, dates and contact telephone numbers.
- The customer agrees to be bound by the additional terms and conditions as per the confirmation letter and the Letter of Engagement.
TOURS - GUIDED / AUSTRALIA / SYDNEY OR INTERNATIONAL DAY TOURS:
- User agreement
- This Agreement is formed between you and PRODUCTION COMPANY Pty Ltd (referred to in this Agreement as "We", "Us" and "Our").
- Anyone who uses the Website is referred to in this Agreement as "you" and "your".
- If you do not agree to any terms and conditions of this Agreement, you must not use the Website.
- We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to be bound by the changes.
- You must be a registered member to make orders and access some features of the Website.
- When registering and activating your account, you will provide us with personal information such as your name and address, and a valid email address. You must ensure this information is accurate and current.
- By using this site and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
- For promotional purposes we may display the usernames of the last few orders received. For example "Joe Bloggs (20th order) just bought…". When registering and activating your account, we strongly recommend not using your real name as your username if you do not want others to know which goods you have ordered.
- You represent and warrant that:
(a) you are at least eighteen (18) years of age;
(b) you possess the legal right and ability to enter into a legally binding agreement with us; and
(c) you will use the Website in accordance with this Agreement.
- The only authorised access point to the Website is via www.iconicperformances.com.au, bookings.iconicperformances.com.au, and their associated mobile applications. We will not be responsible in any way for access outside these access points.
- You agree to use the Website only for purposes that are permitted by:
(a) this Agreement;
(b) any applicable law or regulation; and/or
(c) generally accepted practice or guidelines.
- You must not (or attempt to):
(a) access any part of the Website by any means other than through the interface provided by us;
(b) engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website;
(c) use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with PRODUCTION COMPANY' prior written consent.
(d) interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; or
(e) use, copy, or distribute content except as permitted by this Agreement, by law or with our prior written consent.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
- You must not use another member's account without our, and/or the other user’s, express permission.
- If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
- We may stop (temporarily or permanently) providing access to the Website to you at our discretion and without prior notice.
- We may terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account.
- We will not be liable to you or any third party in the event of us taking actions under clauses 5.1 and 5.2.
- We aim to provide a positive experience for you. We reserve the right to change the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change.
- Information about goods on the Website is based on material provided by suppliers and product manufacturers.
- You understand and agree that except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
- You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the voucher or goods.
- Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.
- We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
- Unless we are not permitted to do so by law (including under the Australian Consumer Law), we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the Website;
(b) you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website;
(c) personal injury or property damage of any nature resulting from your access to or use of the Website;
(d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(e) any interruption or cessation of transmission to or from the Website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
(g) the quality of any product or service of any linked sites.
- We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party merchants of goods and services.
- Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
- Except as required by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
- Some services provided by merchants may be of an inherently risky or dangerous nature or require specific skills or qualifications to be possessed by participants. Prior to booking or partaking of any such services you should inform yourself of the risks and/or specific skills or qualifications involved.
- It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the service merchant to be insured or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any booking or services. PRODUCTION COMPANY accepts no liability in this regard.
- You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
- The promotion of vouchers for goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only. The availability of any vouchers for goods or services promoted on the Website may be subject to PRODUCTION COMPANY receipt of a minimum number of orders for the deal. A required minimum number of orders before vouchers for goods or services promoted on the Website are available may also be determined by third party suppliers/merchants..
- a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third party supplier/merchant terms and conditions at the price specified (including delivery and other charges); or
- goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
- PRODUCTION COMPANY is a Booking Agent and therefore some vouchers may contain the name of its associated Third Party Company's that provide the tour. Where this is the case, you will be required to comply with the terms and conditions of the owner of the Voucher, including the terms and conditions of PRODUCTION COMPANY.
- Your PRODUCTION COMPANY voucher for the goods or services shown on your order confirmation will be accessible via your PRODUCTION COMPANY account. Your voucher will be emailed to you and will be accessible via your PRODUCTION COMPANY account.
- We cannot be held liable nor responsible for any loss suffered as a result of a PRODUCTION COMPANY voucher not being received by you due to circumstances beyond our reasonable control.
- The service supplied by PRODUCTION COMPANY in exchange for your payment is the provision of a voucher. Any PRODUCTION COMPANY voucher you purchase shall be redeemable only for the specified goods or services from the relevant merchant of the goods and services and shall only be available for redemption during the period specified on the voucher. The merchant, and not PRODUCTION COMPANY, is the seller and supplier of the goods/services to which the voucher relates and is solely responsible for honouring any PRODUCTION COMPANY voucher you purchase.
- In relation to goods provided by a third party on redemption of a PRODUCTION COMPANY Voucher, you recognize that the third party merchant is the supplier of the goods, and not PRODUCTION COMPANY.
- To the extent permitted by law (including the Australian Consumer Law), PRODUCTION COMPANY makes no warranty or representation regarding the standard of any goods or services to be supplied by the merchant.
- The PRODUCTION COMPANY voucher does not function as a stored-value card and cannot be redeemed incrementally, unless otherwise specified by the PRODUCTION COMPANY voucher.
- The PRODUCTION COMPANY voucher cannot be exchanged or redeemed for cash.
- The PRODUCTION COMPANY voucher cannot be combined with any other Store credits, vouchers or promotions unless otherwise specified by the merchant.
- Neither PRODUCTION COMPANY nor the merchant is responsible for lost or stolen vouchers or fraudulent use (by a person other than PRODUCTION COMPANY or the merchant) of the voucher’s unique reference number.
- PRODUCTION COMPANY vouchers may contain terms and conditions known as the 'Fine Print' that supplement, and are to be read as in addition to, this Agreement. In the event of any inconsistency between the Fine Print and this Agreement, the Fine Print will prevail.
- PRODUCTION COMPANY vouchers may be transferred, assigned or gifted to other persons (“Gift Recipient”) and may be redeemed by the Gift Recipient in accordance with this Agreement.
- You agree and acknowledge that:
- where merchants offer services on the basis of 'sessions' or otherwise on a time basis, the advertised duration may be indicative and approximate;
- merchants are under no obligation to give priority to you in respect of the booking or scheduling of services using a PRODUCTION COMPANY voucher and you may be required to wait your turn alongside the merchant's other customers. This may necessitate a waiting time in scheduling your booking and/or redeeming your voucher;
- where merchants offer an experience based on an itinerary or schedule of events, the scheduling of or order for those events may vary from time to time;
- the merchants of certain types of experiences may impose conditions such as a minimum age or other restrictions regarding weight, health or other factors. It is your responsibility to confirm details of any restrictions that may apply from the merchant prior to finalising any booking and confirm that you are able to comply;
- photographs appearing on our website to illustrate details of offers of merchants are generally those made available to us by merchants or chosen by us. They are intended to be indicative only of the services, venues and locations at which services are offered by merchants. For example, they may depict only one of various venues and locations at which the services are offered and given your geographic location this may not be the venue or location applicable to you;
- a representation on the website that services will be available over a range of dates does not preclude you from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;
- restaurant menus advertised on the website are indicative only and subject to change without notice; and
- where merchants offer a course or series of sessions or treatments (such as beauty treatments and waxing appointments) you agree that these may need to be scheduled at intervals to be determined in consultation with the merchant, in order to maximise the efficacy of the services provided or to minimise risks to health or wellbeing.
- All services promoted on the Website are offered by merchants subject to availability. Some small group or individual “experiences” will require booking in advance. For the redemption of all vouchers, we recommend making bookings as soon as possible once the deal becomes valid. Peak times (such as weekends or holidays) should be booked further in advance. We do not guarantee that services will be available at your preferred date and time.
- Bookings for the redemption of goods and services in exchange for the supply of vouchers are made subject to any merchant policies.
- If you cancel your booking your voucher may be void, or you will incur a cancellation fee payable to the merchant. Unreasonably short notice cancellations may result in the cancellation of your PRODUCTION COMPANY voucher if the merchant is unable to fill your space.
- Merchants reserve the right to cancel and reschedule your booking due to unforeseen circumstances. Except as required by law (including the Australian Consumer Law), we will not be held liable for such events and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person.
- The Australian Consumer Law provides certain guarantees to consumers when they purchase goods or services and these guarantees cannot be excluded, restricted or modified. These guarantees include services being rendered with due care and skill, being fit for purpose and being supplied within a reasonable time. The time limit of consumer guarantees in relation to goods varies depending on the price and quality of the goods and may extend beyond any warranty the manufacturer of the goods.
- Our aim is to provide you with a great experience at a significantly discounted price. Our team works hard to seek out these great deals, but we rely heavily on the merchants to deliver the products and services. Although we cannot control the merchants and are not responsible for their actions, we will use reasonable endeavours to try and satisfactorily resolve any dispute you may have with a merchant.
- We may try to resolve your complaint by means other than a refund, such as by organising for the merchant to repair or replace goods, or by extending the voucher's redemption period. If we successfully resolve your complaint a refund will not be issued
- Unless otherwise specified in the voucher Fine Print, all vouchers sold on the Website are sold subject to a specified Validity Period, during which the services shall be supplied within a reasonable time regardless of whether your preferred booking time is available or not.
- Some vouchers are also sold subject to a ‘Book By’ date, which specifies the date by which you must contact the Merchant to secure a booking. If you fail to contact the Merchant within any advertised ‘Book By’ date, your voucher will be void and non-refundable.
- PRODUCTION COMPANY vouchers expire on the date indicated on the voucher. The expiry date is referred to as the 'Use by' date on your voucher and in your account.
- Expired vouchers are non-refundable in whole or part. Once expired, PRODUCTION COMPANY vouchers are no longer valid and may not be honoured by the merchant. You must ensure you use your PRODUCTION COMPANY voucher within the validity period stipulated on the PRODUCTION COMPANY voucher.
- We may issue you with a refund or a Store Credit to the value of your purchased PRODUCTION COMPANY voucher (at your election) where:
- we have made an error on an advertised deal, including where we have: issued you with an incorrect voucher; withdrawn or cancelled the deal for any reason; mistakenly included an incorrect term, or omitted a key term in the Fine Print; or posted a deal on the Website in error;
- you have reason to believe that a technical error caused, or contributed to, the purchase or multiple purchases of PRODUCTION COMPANY vouchers, and where the request for refund is issued through the PRODUCTION COMPANY Help Centre within 5 business days of the date of purchase or such other period as we reasonably determine; or
- the merchant’s business has gone into external administration (including receivership or liquidation), permanently closed, or has temporarily closed for an extended period of time. Store Credit or refunds may not be issued where the merchant has one or more other locations within reasonable proximity that can service the PRODUCTION COMPANY voucher.
- In addition, you may also be eligible for a Store Credit or a refund to the value of your purchased PRODUCTION COMPANY voucher where:
- the merchant fails to provide the goods or services through fault or circumstances beyond their reasonable control, or the goods or services provided are not as described in ‘The Fine Print’ on the Deal page, (for example by adding additional restrictions or conditions, or by providing alternate goods or services) unless you accept the alternative goods or services in place of the goods or services sold with the voucher;
- you have been unable to redeem your PRODUCTION COMPANY voucher, despite making reasonable attempts to do so during the voucher validity period. However you must provide reasonable evidence of your attempt to use your voucher, and your claims will be assessed on a case-by-case basis; or
- we, at our sole discretion, believe your situation warrants a Store Credit or refund.
- We will not issue refunds for vouchers in the following circumstances:
- You have changed your mind;
- You are unable to redeem your voucher due to fault or circumstances of your own beyond the control of either PRODUCTION COMPANY or the Merchant.
- you have previously submitted a payment chargeback request to your financial institution that we have accepted.
- Your request for a refund must be submitted through the PRODUCTION COMPANY Help Centre or alternatively as we advise at our discretion.
- Your refund or Store Credit request must, where applicable:
- include the PRODUCTION COMPANY voucher number;
- include a detailed description of your experience or issue; and
- be received by us by the last day of the Deal redemption period (except as otherwise specified in this Agreement).
- We may verify the details of your refund or Store Credit request with the provider, and by asking you to provide more information and proof.
- Where we issue a refund, it will be issued via the same payment method that you used to purchase the voucher or otherwise as determined by us.
- Any refund or Store Credit issued to you is not an admission of guilt or liability by PRODUCTION COMPANY.
- Where we conclude that a refund or Store Credit request is invalid, we may refuse the request.
- The refusal of a refund or Store Credit does not prevent you from seeking a refund directly from the provider.
- You may in certain circumstances set out in this Agreement be issued by PRODUCTION COMPANY with a Store Credit.
- Store Credits issued for either:
- PRODUCTION COMPANY Shopping (bookings.iconicperformances.com.au, or its associated mobile application); or
- PRODUCTION COMPANY’s standard website (www.iconicperformances.com.au, or its associated mobile application) can only be used in respect of the relevant site (including mobile site) or mobile application for which the store credit is issued.
- In order to redeem Store Credit you must first have registered as a member with PRODUCTION COMPANY. Membership is subject to this Agreement.
- Purchases made through use of Store Credit are subject to this Agreement.
- If your Store Credit does not cover the total cost of any order, you will be required to pay the balance using PRODUCTION COMPANY’s normal payment methods.
- Any unused portion of your Store Credit shall be credited to your account, which shall be available for use for the period of validity of the Store Credit for further purchases through PRODUCTION COMPANY.
- You should treat your Store Credit like cash. You are liable for all transactions made using your Store credit, except to the extent to which there has been fraud or negligence by PRODUCTION COMPANY or any of its employees.
- To the extent permitted by law, PRODUCTION COMPANY reserves the right to change any of the terms and conditions in relation to its Store Credit upon the provision of reasonable notice, including by notice on the PRODUCTION COMPANY Website.
- The following Travel Guarantee only applies where it is specifically stated in the Deal Listing that it is applicable to the relevant Travel Deal.
- If, within 14 days of purchasing your PRODUCTION COMPANY voucher ("Guarantee Period") you have been unable to secure your preferred travel and/or accommodation dates (including flights), we will cancel your PRODUCTION COMPANY voucher, and issue you with a refund (using the payment method used for purchase) or a Store Credit (at your election) to the value of your purchase.
- You must contact PRODUCTION COMPANY via the Help Centre within the Guarantee Period in order to claim under the Travel Guarantee.
- Subject to this Agreement, we will supply the goods shown on your order confirmation.
- We will use our best endeavours to meet stated timeframes for delivery, however many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met.
- We do not allow personal pick up, irrespective of reasons and/or circumstances of your order.
- We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.
- Because of limited resources and space considerations on the Website we are not able to provide descriptions of product ingredients or nutritional information for all goods available for sale. We recommend that you read the labels and instructions on goods you order carefully prior to consumption or other use and use goods accordingly.
- Because some goods are imported or originate from outside of Australia, their packaging, ingredients and size may vary from the same or similar product available in Australia.
- We retain ownership of goods you order until payment is received in full for those goods together with delivery and other charges.
- Risk in the goods you order, such as loss or damage, passes to you upon delivery.
- We reserve the right to notify you that goods for which you placed orders have become unavailable.
- In the event that you order a product from the Website and we later inform you that we no longer stock the product you had originally ordered, we may (at your election) provide you with a substitute for the product of a quality and value equivalent to or greater than the originally ordered product.
- If we are not able to provide you with a substitute for the product, we will (at your election) provide you with store credit or a refund to the value of the product that was not supplied to you including the delivery fee.
- Please order carefully as we do not refund or exchange simply because you changed your mind or you have made an error in finalising your order (such as choosing an incorrect size or colour). We may, at our sole discretion, allow a refund or store credit on a case-by-case basis for such returns, provided that the item in question is:
(a) returned within 28 days of order;
(b) not used or worn (with original tags and/or packaging); and
(c) not damaged in any way. If we allow a return in these circumstances, we will ask you to follow the returns process outlined in this Agreement.
- If we allow a return in these circumstances, we will provide you with a refund or store credit only when we receive the returned product. Except in circumstances where you have been sent an item that was not what you ordered, return postage is at your expense.
- Change of mind returns are not accepted for intimates, which includes underwear, hosiery, socks, swimwear and adult toys due to hygienic reasons. Remedies for defective goods are still available.
- A $25.00 or 20% (whichever is lower) re-stocking fee will apply to returns accepted under this clause.
- Store credits issued for change of mind returns must be used within 12 months of issue. Store credits may only be used to order from us and are not redeemable for cash.
- The Australian Consumer Law provides certain guarantees to consumers when they purchase goods and these guarantees cannot be excluded, restricted or modified. These consumer guarantees are different to, and separate from, any warranty, which is voluntarily given. The time limit of consumer guarantees varies depending on the price and quality of the goods and may extend beyond any warranty given by us, or the manufacturer of the goods.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Any warranty given by us will apply in addition to other rights and remedies you may have under the Australian Consumer Law or any other law.
- Goods that you purchase from us may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by PRODUCTION COMPANY or the Catch Group, and are separate from any warranty given by us. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.
- When returning a product, please contact us via the Help Centre. Once contacted we will:
- Advise you whether your product may be returned; and
- Where required, provide you with instructions for how to best return your product, as well as a Return Authorisation Number.
- We will not accept returns without a Return Authorisation Number.
- Refunds will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the goods.
- We aim to process refunds and replacements within 28 days of receipt by us of the original product.
- Replacement of goods, refunds and repairs will not be made until the original product is received by us and your is claim verified.
- Subject to clause 24, we will not refund a purchase or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
- PRODUCTION COMPANY is not a travel agent and is third party company selling vouchers and deals with reputable Travel Agencies who are the holder of their respective Travel Agent’s License Number pursuant to the Travel Agent’s Act 1986 (Vic.).
- Is unable to cope with the requirements of coach tour travel or who may need or require services of facilities which are not available.
- Fails to comply with the reasonable instructions of PRODUCTION COMPANY personnel .
- Engages in illegal or undesirable behaviour or who interferes wit the enjoyment of or jeopardises the safety of other tour participants.
- Anyone so excluded will be required to disembark at a safe public location, transport from which will be wholly their responsibility. You agree that PRODUCTION COMPANY is released from all liability for, and you agree not to hold PRODUCTION COMPANY responsible for termination of your travel arrangements in accordance with the previous condition, or any decision made by PRODUCTION COMPANY or by any service provider who refuses to provide you with special accommodations facilities or services that are not available or who refuses to carry you by reason of any disability or medical condition.
- Coaches stop on average 6-7 times a day, often for half an hour only. Passengers need to be able to climb on and off coaches reasonably quickly.
- During stops, the coach has to be left empty and locked to comply with legal regulations for driver's hours.
- Steps into the coach are high, minimum of three, sometimes many more, depending on design of coach.
- Steps are narrow so assistance can only be given from below or above, not at the side.
- Seat rotation is enforced, so passengers must be able to walk down the coach aisle.
- There is quite a lot of walking on all PRODUCTION COMPANY tours, frequently on uneven ground and terrain.
- Collapsible, pushable wheelchairs may not be accommodated in coach lockers. Please note that motorised wheelchairs/ scooters cannot be accepted.
- Passengers bringing special medical equipment need to check on space availability and be prepared to carry it themselves.
- Tour directors and drivers are not allowed to assist passengers physically, i.e. in and out of the coach, pushing wheelchairs, etc.
- Passengers travelling alone need to be able to look after themselves in every respect.
- For deaf or hearing impaired passengers, the Tour Directors do not face passengers whilst giving commentary. Many instructions are given verbally.
- Passengers who are blind or sight impaired need to be aware that neither PRODUCTION COMPANY personnel nor staff are available to conduct them to their hotels or to explain layout, that coaches do not always pick up where they set down, that they cannot expect other passengers to accompany them everywhere or describe sights.
BOOKING AGENCY - EDUCATIONAL PROVIDERS AND PRODUCT LISTING:–
- verify your identity;
- assist you to subscribe to our services;
- provide the services you require, including directory services, through a number of media;
- administer and manage those services, including charging, billing and collecting debts;
- make changes to your profile;
- respond to any queries or feedback you may have;
- inform you of ways the services provided to you could be improved;
- conduct appropriate checks for credit-worthiness and for fraud;
- research and develop our services;
- gain an understanding of your information and communication needs in order for us to provide you with a better service;
- maintain and develop our business systems and infrastructure, including testing and upgrading of these systems.
- Also, your personal information is collected so PRODUCTION COMPANY Pty Limited can promote and market its services to you. We do this to keep you informed of our products, services, special offers or products we believe you will find valuable. We will always offer you an opportunity to OPT-OUT of receiving communications from PRODUCTION COMPANY. If you do not want us to promote and market our products, services and special offers to you please contact us by any of the means as outlined in our contact us page. Occasionally PRODUCTION COMPANY allows other organisations to contact you with information that may be of interest to you. If you do not wish to receive communications from a third party, please contact us by any of the means as outlined in our contact us page.
- In order to deliver the services you require and for the purposes set out in this clause, PRODUCTION COMPANY may disclose your personal information to organisations outside PRODUCTION COMPANY. Your personal information is disclosed to these organisations only in relation to PRODUCTION COMPANY and related companies providing services to you. These organisations may carry out: customer enquiries; mailing systems; billing and debt-recovery functions; information technology services; marketing, telemarketing and sales services; market research; and web site usage analysis. PRODUCTION COMPANY takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. In addition, we may disclose your personal information to: your authorised representatives or legal advisers (when requested by you to do so); credit-reporting and fraud-checking agencies; credit providers (for credit related purposes such as creditworthiness, credit rating, credit provision and financing); Our related companies; our professional advisers, including our accountants, auditors and lawyers; government and regulatory authorities and other organisations, as required or authorised by law; organisations who manage our business and corporate strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our corporate risk and funding functions (eg securitisation); and other telecommunication and information service providers (eg if you obtain services from other providers, we may need to disclose your information for billing purposes).
- PRODUCTION COMPANY operates a group of subsidiary companies and may share your personal information with the Related Companies to assist them with their business development and to market their own products and services to you. The Related Companies will use and disclose your personal information in accordance with their privacy policies. If you want to know more about the Related Companies, their areas of business and their commitment to privacy, please contact us.
- PRODUCTION COMPANY reserves the right to place and vary (as necessary) any product listing or advertising item on any electronic media, in particular PRODUCTION COMPANY online booking system, powered by the COMPANY servers. PRODUCTION COMPANY also reserves the right to refuse any product listing or advertisement considered unsuitable or inappropriate for the PRODUCTION COMPANY website character or format. While care has been taken in compiling this website, PRODUCTION COMPANY, our associates and our contractors make no representations about the accuracy or suitability of the information or links provided on this website. Iconic accepts products and advertisements in good faith on the basis of warranties provided by each member, product provider, entertainer, company or advertiser (herein known as "PROVIDER"). No representation is made or warranty given as to the qualifications or completeness of PROVIDER or product listing. Listing of a PROVIDER or a product under a particular heading, and qualifications claimed by that PROVIDER, do not necessarily indicate that the PROVIDER is legally entitled or professionally qualified to carry on a particular trade, business or profession. The information is provided ‘as is’, without express or implied warranty. You (herein known as "CUSTOMER") use the information and links at your own risk. The CUSTOMER should make their own assessment and evaluation as to the suitability of the information. PRODUCTION COMPANY takes no responsibility for the content of internet sites that link or are listed on PRODUCTION COMPANY websites. Except as set out below, PRODUCTION COMPANY and our contractors exclude all:
- warranties whether express, implied, statutory or otherwise, relating in any way to this website or the information contained on this website; and
- liability (including for negligence) to the CUSTOMER or PROVIDER or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with your use of or reliance on the information on or accessed through this website for any reason whatsoever (including negligence). Where any statute implies any term into your use of or any arrangement arising out of accessing this website and that statute prohibits exclusion of that term, then that term is included. If and to the extent permitted by the statute, however, PRODUCTION COMPANY, our associates and our contractors’ liability for any breach of such term is limited to the resupply of services.
- PRODUCTION COMPANY make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on PRODUCTION COMPANY website.
- The material on this PRODUCTION COMPANY online booking system, agent system and website provides general information of the product and PROVIDER only and is not intended as advice and must not be relied upon as such. The CUSTOMER and/or PROVIDER should make their own inquiries and seek independent and/or alternative advice prior to making any decisions. All material on this website is derived from sources believed to be current and accurate as at the date of publication and is provided in good faith. PRODUCTION COMPANY makes no representation or warranty that any material on the web site will be accurate, reliable or complete (nor does PRODUCTION COMPANY accept any responsibility arising in any way for errors in, or omissions from that material, even if those errors or omissions occur on account of PRODUCTION COMPANY negligence); or your access to this web site will be timely, secure or uninterrupted. The CUSTOMER's and/or PROVIDER's use of the information on this web site is entirely at your own risk. This website may contain information about activities which by reason of their physical exertion or the degree of physical fitness required may be unsuitable or dangerous for certain persons, or the website may describe activities which are inherently dangerous. PRODUCTION COMPANY makes no representations as to the nature, quality or suitability about any or all of the activities shown on this site and the user agrees that the user shall be responsible for first satisfying himself/herself by independent enquiry or advice as to the suitability of the particular activity. PRODUCTION COMPANY website contains contact details for various businesses and service providers. In placing these contact details on this web site, PRODUCTION COMPANY makes no representation as to the currency or accuracy of such details. Nor does PRODUCTION COMPANY make any representation as to the nature or quality of the goods or services provided by the listed businesses and service providers, or as to their suitability for the purposes of persons using the contact details. PRODUCTION COMPANY shall have no liability, in negligence or howsoever, for any loss, damage, liability or inconvenience suffered by you or any other person as a result of their use of the contact details. Any person proposing to use or rely on any of the contact details should first satisfy themselves of the currency and accuracy of those contact details and any other information displayed on this web site. PRODUCTION COMPANY will not be liable, in negligence or howsoever, for loss, damage, liability or inconvenience suffered by you or any other person resulting from any action or decision by you in reliance upon the information on this website, or any propagation of computer worms, virus, internet access difficulties, malfunction in equipment or software, interruption, communications failure or delay in operation.
- PRODUCTION COMPANY reserves the right to remove any member or product listing at anytime. We also reserve the right to alter or amend any product listing that may contain inappropriate information or graphics. The PROVIDER is not to transmit to this web site any material which is unlawful, threatening, violent, abusive, harassing, degrading, defamatory, libelous, deceptive; fraudulent, infringe a third party's intellectual property rights, or otherwise violate any law or regulation. Any photos or images submitted for display on a listing are deemed appropriate for public display and all or any required permissions have been sort and received by those submitting the photo or image. All liability if any for the use of photos or images remains with the PROVIDER who submitted them for public display on their product listing.
- PRODUCTION COMPANY does not provide any guarantee as to the results obtainable from their booking agency service or that the PROVIDERS business and/or product will be successful.
- PRODUCTION COMPANY FEE: PROVIDERS accept and agree that by subscribing to the BOOKING AGENCY and becoming a member of PRODUCTION COMPANY, a booking and management fee of the agreed percentage and/or amount of the total purchase and/or booking price (inclusive of all taxes in the jurisdiction), as stipulated in the contract of engagement and will be required to be paid to PRODUCTION COMPANY for the services PRODUCTION COMPANY provides. PRODUCTION COMPANY will forward a Tax Invoice to each individual member for each product that has been purchased and the related booking and management fee of the total purchase price of the product and or booking. All booking fees are to be paid within 7 days of receiving the tax invoice. Overdue Accounts and all overdue invoices that are unpaid by the due date, as displayed on the Tax Invoice and/or statement, will incur an administration and late fee, per week late, from the due date, until full payment including all administration fees are paid.
- SUBMISSION OF A PRODUCT: It is the responsibility of the PROVIDER to keep their product listing updated and looking the best it could be. It is also the responsibility of the PROVIDER that the product listed does not breach or infringe the Trade Practices Act (Cth), Fair Trading Acts (State) and equivalent legislation; State and Commonwealth anti-discrimination legislation; any copyright, trade mark or obligation of confidentiality; any law of defamation or obscenity; any law of contempt of any court, tribunal or royal commission; the Privacy Act (Cth); and any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory that they or the CUSTOMER are in).
- CUSTOMER REFUNDS: All refunds are between the PROVIDER and the CUSTOMER. PRODUCTION COMPANY only acts as a booking agent and to market the product of the PROVIDER. Refunds are at the discretion of the PROVIDER who lists/offers the product that the CUSTOMER has purchased and PRODUCTION COMPANY accepts to responsibility or liability whatsoever. In the event that a CUSTOMER is offered a REFUND by the PROVIDER, regardless of whether the refund is partial or in full, the booking and management fee still applies and is required to be paid to PRODUCTION COMPANY for the services provided.
- CUSTOMERS USE OF THE BOOK AGENCY SERVICE and product listings: Customer's can use and search for their required product or need through the online booking system and select the most suitable PROVIDER or product. Customer's can book and/or purchase the product online or contact PRODUCTION COMPANY Event Management Team to assist with their enquiries or proceed with a booking. PRODUCTION COMPANY Booking Agency is an event agent who market and manage all enquiries and booking for our PROVIDERS, who advertise/list their products and/or services to customers. If the customer chooses to book an event/service or purchase a product with a provider/supplier as listed on PRODUCTION COMPANY website, the contract is between the CUSTOMER and/or school and/or COMPANY and the PROVIDER. PRODUCTION COMPANY accepts no liability for the suitability of any PROVIDER or third party suppliers advertising or listing a product on PRODUCTION COMPANY website. As a CUSTOMER and/or school and/or organisation and/or company it is your responsibility to verify the credentials of a PROVIDER you may be interested in engaging.
- PAYMENT FOR A PRODUCT or BOOKING: PROVIDERS will be required to sign a contract of production management which will state all related management costs in producing/booking and management of the of a product or booking by a customer. By completing the booking agency registration form the PROVIDER accepts the terms and conditions of production management costs. Production management costs will be at the agreed minimum management fee or percentage of the set amount the PROVIDER has stated as part of their product cost as stated on the registration form. Customers will be required to forward all payments to PRODUCTION COMPANY Accounts Department. Payments for event bookings, or purchases are to be made directly to the MANAGING COMPANY of PRODUCTION COMPANY.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- PROVIDERS TERMS and CONDITIONS: PROVIDERS may have their own terms and conditions with regards to payment, information they require, risk assessment, OH&S etc. As the contract is made between the CUSTOMER and/or school and/or COMPANY and the PROVIDER upon booking an event/service or purchasing a product, it is the responsibility of the CUSTOMER to verify the terms and conditions of the PROVIDER.
- GST and all related government taxes (as legally required in the jurisdiction) will apply to all goods and services supplied through this Site and during any method of booking an event. Prices in this Site or quoted exclude GST where applicable. Prices are quoted in local currency and supersede all prices previously advertised. All prices are valid subject to Government, fuel surcharges and currency fluctuations. Where concessions are applicable, suitable and valid identification must be provided for collection of the confirmation invoice or to attend the venue.
Additional terms applicable to sales through this website, online booking websites owned by PRODUCTION COMPANY Pty Limited and bookings made over the telephone, by post or email:
- None at time of posting.
For information regarding event product purchases, productions and ticketing of live entertainment and sporting events, or to obtain a copy of the Code of Practice for Event Ticketing contact us or refer to www.liveperformance.com.au.