Terms of Use
1 This Site and these Terms
This Site is operated by The Greater Union Organisation Pty Ltd trading as the State Theatre (ACN 000 024 439) (State Theatre). We value your interest in our theatre and appreciate your visit to our Site.
These Terms set out how we allow you to access and use our Site, how we display information about our products and services, and the conditions that apply to purchases made on our Site.
You should read these Terms in conjunction with our Privacy Policy.
Browsing, accessing, using, or purchasing any products through the Site forms a legally binding agreement between you and State Theatre, and you accept and agree to be legally bound by these Terms. If you do not agree to be bound by these Terms you must cease accessing and using this Site.
2 Interpretation
In these Terms unless the context otherwise requires:
(a) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(b) Intellectual Property means any copyright, patent, trade mark, design, or other related statutory or common law right, anywhere in the world, whether registered or capable of registration or not.
(c) Product means any good or service provided or offered for sale or rental by State Theatre, including (without limitation):
(i) gift cards or gift vouchers;
(ii) food and beverage items; and
(iii) merchandise and ancillary services.
(d) Terms means these terms and conditions as amended by State Theatre from time to time, and includes our Privacy Policy at www.statetheatre.com.au/privacy-policy/
(e) Theatre means the State Theatre located at 49 Market Street, Sydney NSW 2000
(f) State Theatre, we, us, or our means The Greater Union Organisation Pty Ltd trading as State Theatre (ACN 000 024 439).
(g) Site means this website.
3 Using this Site
3.1 Accessing and using this Site
You must only access and use the Site in accordance with these Terms and any applicable law.
State Theatre reserves the right to deny access to this Site for any conduct that it has reasonable grounds to consider is unlawful or breaches these Terms.
3.2 Prohibited activities
You must not, and must not attempt to or assist any other person to:
(a) use any of the content on this Site (including performance or event details or times) for commercial purposes or gain or to establish or operate your own product or offering;
(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
(c) interfere with or disrupt the operation of this Site or the servers or networks that host the Site;
(d) interfere with security-related or other features of the Site;
(e) use this Site in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of this Site;
(f) use this Site to transmit, submit, convey or transfer any material or information that:
(i) is unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise breach any applicable law;
(ii) infringes the rights of State Theatre or of any other person;
(iii) is the personal information of any other person without that person’s consent, or would otherwise infringe another person’s privacy rights;
(iv) is protected by copyright, trade mark or any other intellectual property right without first obtaining the permission of the owner or relevant right holder, or would otherwise infringe the intellectual property rights of any person;
(v) contains or comprises any malicious software of any description.
State Theatre may refer fraudulent, abusive, or illegal activity to the relevant law enforcement authorities and reserves its rights to disclose the full details of any such conduct (including any associated personal information) to those authorities.
4 Site content
4.1 Information published on the Site
State Theatre publishes information on the Site, including about:
- performance and event details and times;
- prices for goods and services;
- Theatre trading hours; and
- Theatre facilities and access.
This information is regularly updated, and may change from time to time. State Theatre uses reasonable efforts to ensure that information published on the Site is accurate and up to date.
4.2 Advertising and links to third party websites
State Theatre may, from time to time, publish on the Site links to websites controlled by third parties (Linked Sites), including for advertising purposes. Unless expressly published otherwise, Linked Sites are not controlled by State Theatre.
State Theatre is not responsible for and does not warrant the accuracy of any content of any Linked Site. You agree that your use of or navigation to any Linked Site is entirely at your own risk.
4.3 Ticketmaster
State Theatre has appointed Ticketmaster Australasia Pty Ltd (Ticketmaster) as its exclusive agent to sell and distribute all tickets for events and performances held at the Theatre, including sales at the Theatre’s box office and on Ticketmaster’s website: www.ticketmaster.com.au
Please refer to Ticketmaster’s Purchase Policy and Terms and Conditions available on its website which are applicable to all ticket sales by Ticketmaster to customers for events and performances held at the Theatre.
4.4 Site maintenance
The Site may be unavailable or operate with reduced functionality from time to time due to maintenance or reasons of Force Majeure. State Theatre provides no warranty that the Site will be operational at all times.
4.5 Intellectual property and Material
As between you and State Theatre, you agree that all intellectual property rights (including trade marks, logos, brands, graphics, images, text, software, computer programs, videos and other media) displayed on or relating to this Site are owned by State Theatre (or its licensors, sponsors, suppliers or related bodies corporate). Apart from the personal, non-commercial use of the content of this Site, you must not do any of the following unless you have received the prior written permission of State Theatre:
- reproduce, reformat, reuse, transmit (including broadcast), communicate, adapt, distribute, sell, modify, store in a retrieval system or publish or otherwise use any of the material on this Site (including without limitation any underlying source code or other data);
- interfere with, or attempt to interfere with, the proper working of this Site, (including, for example, by making excessive traffic demands on this website); or
- reproduce State Theatre’s trade marks or logos on another website.
For any material you upload onto this Site or submit to State Theatre through this Site including on forums, review websites or participation in competitions, you warrant that you are the owner of this material or have obtained all necessary licences to use this material and that your use of this material complies with all applicable laws, for instance the material will not defame or vilify any person. You grant to State Theatre a perpetual, irrevocable and royalty free licence to use this material for the purposes it was provided to State Theatre, and consent to any acts by State Theatre which would otherwise be an infringement of your moral rights.
5 Member programs, competitions, and promotions
From time to time, State Theatre may offer or operate other promotions, including through this Site (Promotional Offers). Promotional Offers may include:
- member programs and clubs;
- competitions;
- discount gift cards and vouchers; or
- other promotional events or offers.
Participation in or acceptance of any Promotional Offer may be subject to availability and be subject to additional terms and conditions. By participating in or accepting a Promotional Offer you agree to review and be bound by any applicable terms and conditions.
6 Privacy
6.1 Consent to collection, handling and use of personal information
State Theatre collects, handles and uses your personal information in accordance with our Privacy Policy, available at www.statetheatre.com.au/privacy-policy/
By using this Site or by purchasing any products or services from this Site, or by submitting any information to this Site, you agree to the collection, handling and use by State Theatre of your personal information in accordance with this policy.
6.2 Cookies
State Theatre uses ‘cookies’ and other technologies to track your use of this Site and to adjust the content displayed on this Site. You can disable cookies and the tracking technologies we use via your browser settings, and still access the Site.
7 Purchasing products via the Site
7.1 Formation of contract
Your use of the Site and/or purchase of any Product through this Site forms a legally binding agreement between you and State Theatre. This clause 7 sets out the terms that govern the sale of Products to you by State Theatre on this Site.
7.2 Age restriction
Children under the age of 16 must obtain the permission and assistance of their parent or guardian to purchase any product or service through this Site.
7.3 Acknowledgements
This clause sets out State Theatre’s policies that may affect your ability to obtain or use any goods or services you purchase via this Site.
Alcohol
State Theatre supplies alcohol at the Theatre in accordance with its responsible service of alcohol obligations and reserves its right to require proof of age identification in order to supply alcohol to any person.
Concession tickets
State Theatre may require valid identification before permitting entry to a person holding a concession ticket.
Force Majeure
Each party will not be in breach of these Terms and Conditions and will not have any liability to the other party if it is prevented from complying with any of its obligations under these Terms and Conditions by reason of Force Majeure. “Force Majeure” means any act, event or circumstance beyond the reasonable control of the party affected by Force Majeure, and includes, without limitation, casualties, war, rebellion, revolution, blockades, riots, insurrection, strikes, lockouts, labour or industrial problems, civil unrest, embargoes, domestic or international disturbance, acts of terrorism, outbreak of disease, virus, pandemics or epidemics, world and/or regional health threats, governmental actions or delays, fire, hurricanes, earthquakes, storms, floods, other natural catastrophes or severe weather conditions or acts of God, travel or health advisories, orders or recommendations issued by any relevant government authorities or international bodies or agencies, or damage or destruction of the Theatre.
If there is a Force Majeure which prevents State Theatre from being able to provide you with a Product that you have purchased from this Site, then State Theatre has the right to terminate the contract relating to that Product and will refund all amounts paid by you for that Product.
7.4 Prices
When you purchase Products through the Site, you will be shown the total purchase price which includes:
(a) the price of the Products;
(b) any applicable online booking fees;
(c) credit card fees; and
(d) GST.
By confirming your purchase, you agree to pay the total purchase price in accordance with these Terms.
7.5 Disclosure of customer details to payment processor
In addition to the collection of personal information as set out in our Privacy Policy, you consent to National Australia Bank Limited (ABN 12 004 044 937), Commonwealth Bank of Australia (ABN 48 123 123 124) and PayPal Australia Pty Ltd (ABN 93 111 195 389) collecting your personal information to process payments made by you on this Site through their payment gateway services.
Your payment and credit card details submitted using this Site are fully encrypted through industry standard secure software server technology. State Theatre recommends that you check the SSL/TLS certificate at the time of any purchase to confirm this measure has been taken. If you suspect that unauthorised use of your credit card has occurred as a result of a purchase from this Site, you should notify your credit card provider immediately in accordance with its reporting rules and procedures.
7.6 Refund and return policy
Subject to clause 8, refunds or exchanges are not available if you:
(a) simply change your mind about Products you have purchased from us;
(b) have mistakenly purchased the wrong Product from us (including mistakes relating to performance or event times or dates); or
(c) are unable to provide proof of purchase.
7.7 No Re-Sale or Promotional Use
Products or services obtained from this Site may not be re-sold, on-supplied or transferred for commercial, consumer or promotional purposes, bundled with other goods or services, or used for promotional purposes without State Theatre’s prior written consent.
8 Limitation of liability
You acknowledge and agree that unless required by law (and without limiting the Australian Consumer Law or Consumer Guarantees) this Site and its content is provided “as is” without warranties of any kind, express or implied. You also acknowledge that you use this Site and the material contained on this Site at your own risk. To the extent permitted by law (and without limiting the Australian Consumer Law or Consumer Guarantees), State Theatre and you each:
- exclude all warranties;
- exclude liability for any indirect or consequential loss or damage including loss of profits and loss of revenue; and
- limit their liability to any one or more of the following:
- in relation to goods, replacing or repairing the goods or supplying an equivalent item, or paying the costs or replacing, repairing or hiring an equivalent item; or
- in relation to services, the re-supply of the services or payment of the cost of having the services re-supplied.
9 Governing law
These Terms are governed by the laws of New South Wales, Australia.
10 Contact
If you have questions about our services, this Site, or these Terms, you can contact State Theatre by email on: [email protected]