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Terms of Use

(Last updated 02/06/22)

1. Introduction

These terms and conditions apply to the use of this website. By using this website, you agree to be bound by these terms and conditions.

In these terms and conditions, "The Art House" means Central Coast Arts Limited (The Art House, Wyong).

2. Amendments to terms and conditions

The Art House reserves the right to amend these terms and conditions from time to time.

Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

3. Personal use permitted

All copyright and other intellectual property rights subsisting in this website, the contents of this website and the information contained on this website (including the text and images of this website) are owned or licensed by The Art House and protected by the laws of Australia and other countries.

Unless The Art House agrees otherwise in writing, you are provided with access to this website only for your personal use. You may print a copy of any information contained on this website for your personal use.

4. Commercial use prohibited

Unless The Art House agrees otherwise in writing, you may not, without The Art House’s written permission:

  • reproduce, store, print or display any part of this website, in any form or by any means, other than for your own personal, non-commercial use;
  • adapt, distribute, publish or create derivative works from, any part of this website, in any form or by any means, for any purpose; or
  • otherwise exploit or commercialise, or attempt to exploit or commercialise, any information, products or services obtained from any part of this website.

Requests and inquiries can be directed to:

The Art House
info@thearthousewyong.com.au

5. Purchase

Where you buy any item that has been made available for sale by The Art House, that transaction is subject to the Art House’s Terms and Conditions of Purchase

1. Terms and Conditions of Purchase

  • (a) Terms and Conditions
    The following terms and conditions ("Terms and Conditions") apply to:
    • (a) the purchase of tickets for performances and events at The Art House;
    • (b) the purchase of tickets for performances or events at any other venue which The Art House makes available for purchase; and
    • (c) the purchase of food and beverage and other products purchases which The Art House makes available for purchase.
    • (d) The inclusion of 1(b) is in addition and does not abrogate your responsibility to comply with the terms and conditions of the other venue.

2. Amendments to terms and conditions

  • (a) The Art House may vary these Terms and Conditions at any time. The Art House will post the varied Terms and Conditions on its website.
  • (b) By making a purchase from The Art House, you agree to be bound by the Terms and Conditions as they stand at the time of your purchase.

3. Purchase of food and beverage and other products

  • (a) All prices for food and beverage and other products are stated in Australian Dollars, and include GST where applicable.
  • (b) If the amount you pay for food and beverage and other products is incorrect, The Art House may cancel the order for the food and beverage or other product and refund to you the amount that you paid. This will apply regardless of whether the error arose due to:
    • -an error in a price posted on this website or otherwise communicated to you; or
    • -human error or a transactional malfunction of The Art House operated system.

4. Purchase of tickets

  • (a) All ticket prices for performances, events or products that occur or are provided in Australia are stated in Australian Dollars, and include GST where applicable.
  • (b) Ticket sales for particular performances, events or products may be subject to limits on the number of tickets a particular person may purchase. The Art House may cancel or refuse to accept orders which it believes are placed in excess of any such limits. This includes orders associated with the same name, email address, billing address, credit card number.
  • (c) If the amount you pay for a ticket is incorrect, The Art House may cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether the error arose due to:
    • -an error in a price posted on this website or otherwise communicated to you, or if you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale; or
    • -human error or a transactional malfunction of The Art House operated system.
  • (d) Tickets for performances, events and products at The Art House are valid only when purchased from The Art House, or from a person authorised by The Art House to sell or distribute tickets.
  • (e) Tickets may not, without The Art House’s prior written consent, be on-sold at a premium, offered as a prize or inducement, packaged or otherwise used for advertising, promotional or other commercial purposes. The Art House reserves the right to refuse admission to the bearer of any ticket sold or otherwise provided or distributed in breach of this condition.

5. Confirmation and delivery

  • (a) If you do not receive a confirmation number (from an operator over the phone or in the form of a confirmation page or email) after submitting payment information, it is your responsibility to confirm with The Art House that your order has been successfully placed. The Art House will not be responsible for any losses you incur if you assume that an order was successfully placed having not received a confirmation number.
  • (b) The Art House sends tickets in Australia to the billing address of the credit card holder. If the credit card holder only has an overseas address, tickets are held at the box office for collection.
  • (c) If you have selected delivery through the mail, please allow at least 14 days after your order is made.
  • (d) Performance or event tickets for "Box Office Collection" are available to collect during standard Box Office operating hours. You will need to present your confirmation number, the credit card used to purchase tickets, photo identification and valid proof of any concession entitlement.

6. Exchanges and Refunds

  • (a) Performance or event tickets are refundable only if the event or performance to which it relates is cancelled. Performance or event tickets are also refundable if permitted under the LPA Code of Practice for the Ticketing of Live Entertainment Events in Australia. If an event is cancelled or rescheduled:
    • (i) Prior to the event, the Presenter should make reasonable endeavours to ensure that, where an event is cancelled, a consumer is entitled to seating in a similar location at a re-scheduled event.
      • - If the consumer is unable to attend the re-scheduled Event, or if the Event is not rescheduled, the Presenter should ensure that the consumer receives a full refund of the Ticket price and other industry imposed Ticket charges.
      • - Consumers should apply for a refund in a timely manner in accordance with this Code and the LPA Complaints Handling and Dispute Resolution Policy and, where possible, before the date of any re-scheduled event. A timely manner is considered to be within five working days of the event.
      • - A consumer will not be entitled to a refund for a cancelled or re-scheduled event if they received a free or complimentary ticket.
    • (ii) During or mid-event, where the event is curtailed by in excess of 50% of the scheduled event time, the Presenter may determine that a partial refund may apply, and if so, the consumer should receive compensation that may include a refund of an amount or credit that is reasonable in the circumstances. When considering what is fair and reasonable in the circumstances, the Presenter may have regard to how substantial an amount of the event has been performed.
  • (b) Performance or event tickets may be exchanged only where expressly permitted by the Presenter. Where exchanges are permitted, they may be subject to certain conditions, and additional fees may also apply.
  • (c) Product orders (including food and beverage and other products) are only refundable if the product is not available on the date requested. Exchanges are only at the discretion of The Art House.
  • (d) Under no circumstances will a Presenter, Venue Manager or Ticketing Service Provider be required to reimburse a consumer for auxiliary expenses incurred by the consumer in his or her attendance, or non-attendance, of a cancelled or re-scheduled event. Auxiliary expenses include, but are not limited to, the cost of travel, car parking, child-care and accommodation. Consumers are encouraged to obtain sufficient ticket or travel insurance cover for such circumstances.

7. Companion Card Scheme

A valid Companion Card or valid Companion Card Number must be produced at the time of the booking to gain access to the Companion Card Scheme offer. Details of use are contained on the Companion Card website www.companioncard.org.au

8. Changes to performances

  • (a) Particulars of the performance or event may be changed without prior notice. Artists or performers may be added, withdrawn or substituted for specific performances. Access to the venue may be restricted without prior notice.
  • (b) Opening acts or guests may sometimes tour with headlining performers. The Art House is not always made aware of opening acts or the length of their performances. These opening acts are subject to change or cancellation at any time without notice. No refund will be owed if an opening act is changed or cancelled.

9. Admission to The Art House and performances

Admission to The Art House and performances, including the use of your image while in these locations, is governed by our Conditions of Entry (including proof of concession entitlement).

10. Adult themes

Performances containing adult themes may be subject to age restrictions. Customers must check if a performance contains adult themes before purchasing tickets. This information will be available on the online performance information page.

11. The Art House accounts

  • (a) You will be asked to provide The Art House with your current address and other contact information when you purchase tickets, or open an account with The Art House, via The Art House website or otherwise. When you do so, you must ensure that you provide your current, complete, and accurate information.
  • (b) You must maintain the confidentiality of your customer account information, and should notify the Trust immediately on becoming aware of any unauthorised account activity.

12. LPA Code of Practice

For information regarding ticketing of live entertainment and sporting events, or to obtain a copy of the LPA Code of Practice for the Ticketing of Live Entertainment Events in Australia refer to www.liveperformance.com.au.

By submitting your order, you are indicating that you have read and accept The Art House’s Terms and Conditions as well as the Privacy Statement. All orders are subject to credit card approval and billing address verification. After processing, please contact The Art House Box Office at phone 02 4335 1485 or info@thearthousewyong.com.au if you have any questions regarding your order.

6. Privacy

The Art House is committed to protecting your privacy. The Art House Privacy Statement explains how The Art House may use and disclose personal information which The Art House hold about you and the privacy rights you have in relation to that information.

Privacy and COVID19

Gathering of personal data in response to COVID19 follows LPA guidelines and Government advice for contact tracing. The Art House keeps a record of name and mobile number and/or email address for all staff, customers and contractors for a period of at least 28 days. For group bookings, one contact is sufficient to support contact tracing. These records are used only for the purposes of tracing COVID-19 infections and are stored confidentially and securely.

Privacy Statement

Introduction

The Art House respects the privacy of all customer and business contacts, and is committed to protecting the personal information provided. The Art House complies with the Australian Privacy Principles (APPs) of the Privacy Act 1988, which set out a number of principles concerning the protection of your personal information.

This Privacy Statement explains how we use and disclose personal information which we hold about you and the privacy rights you have in relation to that information.

We encourage you to check this Privacy Statement on our website regularly, as this Privacy Statement may change from time to time.

Your personal information

Personal information we may collect, or which may be held by us about you, may include:

  • your name;
  • your date of birth;
  • your postal address;
  • your telephone and mobile phone number;
  • your email address;
  • your image, if captured by CCTV cameras at The Art House, or if you are photographed or filmed when you visit The Art House, or when you attend events at the venue; and
  • your username and password.

We may also collect and hold information about you that is relevant to your performing arts and arts-related interests, and that is relevant to your attendance at the events we hold (including details of your attendance at events).

How we collect your personal information

We collect personal information in a number of ways, including:

  • when you request information from us;
  • when you are the recipient of a gift voucher;
  • when you subscribe to our newsletters and mailing lists;
  • when you visit any of our venues, or when you attend events at our venues;
  • when you make a donation to us;
  • when you apply for a membership;
  • from third parties selling tickets on our behalf, or on behalf of people staging events at our venues;
  • from the organisations identified below under "When we disclose your personal information";
  • from publicly available sources of information; and
  • when you otherwise provide information to us, including:
    • in writing;
    • in person;
    • by phone; or
    • from your use of our website.

How we use your personal information

We use your personal information to:

  • enable you to purchase tickets and merchandise, including, where applicable, to process your credit card payment transactions;
  • enable you to make donations or apply for membership with us, and to contact your regarding donations and memberships;
  • send you your tickets to events held at our venues or to send you gift vouchers that have been purchased for you by others;
  • inform you if events change, or regarding refunds, exchanges where those are permitted;
  • gain an understanding of your performing arts and arts-related interests and to enable us research and develop our business to better accommodate those interests; and
  • as set out below under the heading "Marketing by us and our presenters".

When we disclose your personal information

From time to time, we may need to disclose your personal information to other organisations. Those organisations carry out our:

  • customer enquiries;
  • ticket sales and distribution;
  • newsletters and marketing;
  • information technology services; or other services relating to events at our venues or which we organise.

In addition, we may disclose your personal information to:

  • as permitted or required by law; and
  • presenters of events at our venues to which you have purchased tickets as set out below under the heading "Disclosure by our presenters"

Marketing by The Art House

When you create an account with us, including on our website, or when you otherwise provide us with your contact details, we will ask you whether you wish to receive information relating to us and to events that we think may be of interest to you. Where you agree to us doing so, we may use your personal information to provide you with information relating to us and to events that we think may be of interest to you.

If you later decide that you do not wish to receive marketing information from us, please let us know by updating your details online through our website or at our Box Office, or by contacting us at the address set out below under the heading "How to contact us".

Disclosure by our presenters

Where you purchase a ticket from us for an event:

  • (a) we may provide your contact details to the presenter of that event for use for research purposes; and
  • (b) we will also seek your consent to our providing your contact details, and the details of that transaction, to the presenter of that event for their use in marketing purposes. Where you have consented to this, the presenter will then use that information in accordance with its own privacy policy. In these circumstances, The Art House will not be responsible for managing the presenter’s use of that information. If you later decide that you do not wish to receive marketing information from a presenter, you will need to contact the relevant presenter, who will deal with your request in accordance with the terms of its own privacy policy.

Sale of tickets through third parties

Where a third party (such as Ticketmaster) sells tickets for events held at our venues, the terms of terms of that third party’s privacy policy will apply. Those policies can usually be found on the third parties’ websites. For instance, Ticketmaster’s privacy policy can be found on its website at www.ticketmaster.com.au.

How we deal with your personal information if you apply for a job with us

If you apply for a job with us, you may be required to provide us with certain personal information, including your name, employment and educational background, as well as other personal information which we may require you to provide, or which you choose to provide us, in relation to your job application.

We will hold, use and disclose that information solely for the purpose of considering your application. In particular, in considering your application, it may be necessary for us to disclose some of that information to third parties to verify the accuracy of that information. In such circumstances, we will disclose only such information as is necessary in the circumstances.

In considering your application, we may also collect personal information about you from any third parties that you nominate as your referees in your application.

How you can help us to ensure the accuracy of the personal information we hold

We take all reasonable precautions to ensure that the personal information we collect, use and disclose is up-to-date.

However, the accuracy of that personal information depends to a large extent on the information you provide to us. To help ensure the accuracy of the personal information we hold about you, we ask that you:

  • let us know if you become aware of any errors in the personal information we hold about you; and
  • inform us of changes to your personal information, such as changes to your name or address or other contact details.

How you can access your personal information

You have a right to access personal information that we hold about you, subject to some exceptions allowed by law. We reserve the right to charge a fee for providing you with access to your personal information.

How to contact us regarding privacy matters

If you have any questions in relation to privacy matters, please contact our Executive Director at info@thearthousewyong.com.au or alternatively, you can write to our Executive Director at:

The Art House
PO Box 376
WYONG NSW 2259

7. Linked websites

This website may contain links to other websites ("linked websites"). Care has been taken to provide links on this site to websites that are suitable reference sources. However the nature of the internet prevents The Art House from guaranteeing the suitability or accuracy of any material that this site may be linked to. The Art House is not responsible for the content of, or privacy practices associated with, linked websites.

The Art House’s links with linked websites should not be construed as an endorsement, approval or recommendation by The Art House of the owners or operators of those linked websites, or of anything referred to or contained on those linked websites.

8. Linking to The Art House website

You may link to The Art House website, but permission is restricted to making a text link without any alteration of the site's contents. You may not use The Art House logo or any other material from our site as a banner or icon without our permission. Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from this site on any other site without the permission of The Art House. For any other proposed use, other than use as permitted above you must email The Art House at info@thearthousewyong.com.au for formal permission. The Art House reserves the right to prevent linking by giving notice.

9. Security of information

The Art House takes every reasonable measure to ensure the security of data transmitted via this website.

Whilst The Art House strives to protect such information, no data transmission over the internet can be guaranteed as totally secure and The Art House does not warrant the security of any information which you transmit to it. Accordingly, any information which you transmit to is transmitted at your own risk. Nevertheless, once The Art House receives your transmission, it will take reasonable steps to preserve the security of such information.

10. Disclaimer

Whilst The Art House has no reason to believe that any information contained on this website is inaccurate, it does not warrant the accuracy, adequacy or completeness of such information, nor does it undertake to keep this website updated. Performance details in the What’s On section of the site are subject to change without prior notice.

To the maximum extent permitted by law, The Art House excludes liability for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer:

  • in connection with your use of this website or any linked website; or
  • arising out of your use of, or reliance on, information contained on or accessed through this website.
  • arising from any virus or other forms of internet attacks like malware, botnets and Trojans which might be transmitted or activated via The Art House site or your access to it.

This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully

11. Governing law

These terms and conditions are governed by the laws in force in the State of New South Wales, Australia.

12. Conditions of Entry to The Art House

General

  • 1. These Conditions of Entry ("Conditions") apply to your entry and use of The Art House ("Premises")
  • 2. You must comply with all lawful requests made by our personnel and all signage in relation to your entry and use of the Premises.
  • 3. We reserve the right to deny entry to or remove any person from the Premises.

Responsibility whilst at The Art House

  • 4. When you are on the Premises you are responsible for your own property and behaviour.
  • 5. You must not:
    • (a) leave bags or personal items unattended;
    • (b) touch or interfere with the artwork on display in exhibitions, displays or on the foyer walls of the Premises unless the item is clearly designated as an interactive element;
    • (c) cause, or permit disruptive behaviour, violence or harassment on or around the Premises;
    • (d) be intoxicated or under the influence of drugs whilst on the Premises;
    • (e) smoke indoors, or outside any designated smoking zone
    • (f) take photographs, audio, or video recording where this has been restricted;
    • (g) consume food or drink (including alcohol) purchased outside the Premises;
    • (h) purchase or consume alcohol at or on the Premises unless you are 18 years of age or older;
    • (i) bring animals onto the Premises, unless they are registered assistance animals.
  • 6. Children must be under the supervision of a responsible adult at all times.
  • 7. Certain laws provide non-excludable statutory guarantees, conditions or warranties for the supply of certain goods and services. Nothing in these conditions is to be taken to exclude, restrict or modify any guarantee, condition or warranty that we are prohibited by law from excluding, restricting or modifying.
  • 8. Subject to clause 8, we are not responsible for loss suffered by you that was not caused by our negligence or that was not reasonably foreseeable. We are also not responsible for business’ losses (such as lost data, lost profit or business interruptions), loss suffered by non-consumers or any increase in loss that was caused by your breach of these Conditions or your negligence. You agree to release and indemnify us in respect of any claim made against us, as a consequence of, in relation to, or in any way arising out of, your use of the Premises where you breached the law, these Conditions or your conduct is negligent.

Admittance

  • 9. You must have a valid ticket or entry pass to attend an event or performance and appropriate evidence of entitlement when purchasing a ticket or attending an event or performance with a concession.
  • 10. We may prohibit latecomers from being admitted to a performance until a suitable break (as determined by us). This may mean the latecomers miss the performance in its entirety.
  • 11. We reserve the right to:
    • a) inspect and search any person and their possessions whilst on the Premises;
    • b) deny entry or remove a person from the Premises, without refund, if they refuse to be searched.

    • Use of your image

    • 12. You grant us permission to film, record or photograph you ("Recording"), and to reproduce that Recording in any audio, video, or photographic display or other transmission, exhibition, publication or reproduction in any medium or context for any purpose without further authorisation by, or compensation or attribution to, you.
    • 13. Security cameras are operating on the Premises and you may be filmed.

    Privacy Statement

    • 14. We collect, use and disclose personal information in accordance with our Privacy Statement.

    Exclusions

    • 15. If any of these Conditions are illegal or unenforceable, that part is to be disregarded and its removal will not affect the rest of the Conditions.

    References

    • 16. In these Conditions, references to:
      • a) "We", "us", "our" or "The Art House" means The Art House, and its employees, agents, and independent contractors.
      • b) "Premises" includes the Theatres Building and any other venue managed or controlled by The Art House.
      • c) "You" or "your" refers to you, or any person with you, including any dependents or children under your supervision.