Terms and Conditions
These terms and conditions (the "Terms and Conditions") govern the use of www.bodyflowenergetics.org (the "Site").
This Site is owned and operated by Bodyflow Energetics. This Site is for services and events.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of Bodyflow Energetics and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site; or
- Act in any way that could be considered fraudulent.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site. The following goods are available on our Site:
- Services
- Events;
- T-shirts and apparel; and
- Books.
The following services are available on our Site:
- Services
- Events.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide.
You agree to purchase goods and services from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site. Payments We accept the following payment methods on our Site:
- Credit Card; and
- PayPal.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods: - Standard delivery by post. Delivery takes 5 - 7 business days. Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances.
Please note that delivery times do not include weekends and public holidays. You will be required to pay delivery charges in addition to the price for the goods you purchase. If you purchase goods from us for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country.
You are responsible for paying any such duties or taxes.
Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them. You are required to provide us with a complete and accurate delivery address, including the name of the recipient.
We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds
Refunds for Goods Refund requests must be made within 30 days after receipt of your goods. Refunds do not apply to the following goods:
- Event tickets.
Refunds for Services
All services sold on our Site are non-refundable.
Returns
Returns can be made by mail. To return a good by mail, follow the following procedure: Pack your goods and attach the return label that was included in your package. Go to your nearest post office and pay the necessary postage.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation.
These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply. Limitation of Liability Bodyflow Energetics and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Bodyflow Energetics and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Queensland. Severability If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions.
All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid. Changes These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Bodyflow Energetics (ABN 62 585 829 817) (“BE”) provides event services, including the sale and distribution of tickets. In providing these services, Bodyflow Energetics owns and operates bodyflowenergetics.org and (the “Site”).
Please read these Terms and Conditions carefully before purchasing a ticket. By purchasing a ticket from Bodyflow Energetics , you agree to be bound by these Terms and Conditions.
These Terms and Conditions relate both to the sale of tickets and attendance at events. These Terms and Conditions apply to both the original purchaser and any subsequent ticketholders (“you”).
Variation to Terms and Conditions
Bodyflow Energetics may vary these Terms and Conditions at any time by updating them. Any variations will only apply to ticket purchases made after these Terms and Conditions have been updated.
Additional Seller Terms and Conditions
Each ticket is also sold subject to any additional terms and conditions of the Seller for the particular event (including their Conditions of Entry) (“Seller’s Terms”). The Seller’s Terms may be disclosed as part of the event information on Bodyflow Energetics' website and at Bodyflow Energetics agents and outlets at the time of purchase. The Seller’s Terms are also available from Bodyflow Energetics on request.
General Terms and Conditions
Bodyflow Energetics acts as Service Provider and Event Organiser and Seller in the sale of all tickets and services.
As such, except as specified in these Terms and Conditions, all claims in connection with tickets or events are the sole responsibility of the Seller and, except to the extent required by law (including the Australian Consumer Law) BE otherwise has no liability to you.
Without limiting other remedies, Bodyflow Energetics may limit, suspend or terminate the Bodyflow Energetics account of users who are acting inconsistently with these Terms and Conditions, including in particular the accounts of users who we believe are harassing, threatening or abusing our employees or other users or who act in an unlawful or inappropriate manner. For clarity, Bodyflow Energetics may limit, suspend or terminate the Bodyflow Energetics account of a user which has been activated primarily to circumvent temporary or permanent suspensions already in place with respect to a different account.
Refunds, exchanges and replacements
Unless otherwise provided under the Refundable Tickets Terms and Conditions of Sale (if applicable):
1. BE does not offer refunds or exchanges as a result of a change in your personal circumstances or due to external factors such as, for example, adverse weather. Bodyflow Energetics will only provide a refund or exchange a ticket if an event is cancelled, rescheduled or significantly relocated by the Seller (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law). If an event is cancelled, you do not need to apply for a refund as we will automatically attempt to process a refund back to the original payment method used to purchase the ticket. Otherwise, you must apply for a refund by the earlier of:
(a) 4 weeks after notification of the reschedule or relocation; or
(b) 72 hours prior to the event. If you do not request a refund by that date, you will have agreed to the reschedule or relocation and will not be entitled to claim a refund;
2. If an event is cancelled, rescheduled or significantly relocated by the Seller, all liability is limited to the amount for which the ticket was purchased (including any fees or charges unless otherwise notified at time of purchase). Proof of purchase may be required for any refund or exchange. Unless required by law (including the Australian Consumer Law), neither Bodyflow Energetics 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;
3. Bodyflow Energetics 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. Bodyflow Energetics may charge a reasonable fee for the replacement of tickets. Bodyflow Energetics may not replace tickets where seating is unallocated (general admission tickets);
4. You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an event. 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;
Variations to performances or events
1. The Seller reserves the right to add, withdraw, reschedule or substitute artists, performers, teams or players and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity.
Conditions of entry
Admission to an event is subject to the Seller’s Terms. In particular, the following form part of the Seller’s terms unless otherwise specified:
1. You may be denied entry into, or removed from, an event where the Seller has reasonable grounds to do so, including if you breach these Terms and Conditions or the Seller’s Terms, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the event by others.
2. If you arrive late, you may not be admitted until a suitable break in the event.
3. You may not be permitted to take into the event, or use, cameras or other photographic or recording equipment (including mobile phones).
4. You may be required to submit to a search of your person and/or possessions before entering the event.
5. By attending the event, you and each attendee in your group acknowledge and agree that you each may be filmed and/or recorded and you each give permission to the Seller and Bodyflow Energetics to use your image, likeness and voice obtained at the event in all media throughout the world for any purpose and without any compensation.
6. You agree to comply with all Government directions, orders and regulations relevant to attending live events, which may be in place at the time of the event.
7. You are responsible for knowing the contact details of all attendees in your group. In the event you are contacted directly by the Government, including the Department of Health for the purposes of contact tracing, you must: (a) make the contact details of your group available to the Government (if you have the consent of each group member to do so); or (b) contact each member of your group, and request that they provide their contact details to the Government directly.
8. When attending the event, you and each attendee in your group agree to assume all risks associated with COVID-19 or other such communicable diseases.
Authenticity and validity of tickets
1. Entry to an event may be refused if the authenticity or validity of a ticket is questionable, including because the ticket has been damaged or defaced in any way, or has not been purchased from NEM or other authorised points of sale.
Resale of tickets & scalping
1. Tickets may not, without the prior written consent of Bodyflow Energetics and the Seller, be resold or offered for resale at a premium (including via on-line auction or other unauthorised resale 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. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the ticketholder of the ticket may be refused admission. Bodyflow Energetics will use reasonable efforts to notify you of such action.
SCALPING WARNING: The resale of tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties.
Collection and delivery of tickets
1. You must allow adequate time for collection or delivery of tickets. Methods of collection and/or delivery will be available when choosing your collection/delivery details. In the interests of minimising ticket scalping, Bodyflow Energetics may change your delivery method to "venue collect" at its discretion.
2. Where concessions are applicable, suitable and valid identification must be provided for collection of tickets and at the event.
Limitations on number of tickets purchased
1. When purchasing tickets for a particular event you may be limited to a specified number of tickets. If you exceed the stated ticket limit, you may have any or all of your orders and tickets cancelled without notice by Bodyflow Energetics at its discretion. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information. Ticket limits apply to ensure fair access to tickets for fans, and as a measure to minimise ticket scalping.
System Errors
1. While Bodyflow Energetics takes all reasonable care to ensure that tickets are correctly priced and only available for sale when intended, sometimes errors may occur. Bodyflow Energetics may cancel an order made as a result of any such error, although in the case of a pricing error Bodyflow Energetics will endeavour to contact you to give you the option of purchasing the ticket at the correct price.
Customer Errors
1. If an error on your behalf results in Bodyflow Energetics reprocessing the ticket transaction at your request, Bodyflow Energetics may charge to you the actual costs incurred in reprocessing the ticket transaction, including any chargeback or postage fees charged to Bodyflow Energetics by a third party.
For information regarding ticketing of live entertainment and sporting events, or to obtain a copy of the Code of Practice for Event Ticketing contact Bodyflow Energetics or refer to www.bodyflowenergetics.org
Bodyflow Energetics Online Terms of Use and Privacy Policy
The Website Terms of Use and the BE Australia Privacy Policy are incorporated into these Terms and Conditions.
General
The term “including” when used in these Terms and Conditions is not a term of limitation.