Terms and Conditions of Sale - General
9 December 2022
ACT BASKETBALL INC (ABN 11 936 731 929) (“Basketball ACT”, “we”, “us” or “our”) operates the Basketball team known as the Canberra Nationals and Canberra Gunners and offers for sale Tickets to Canberra NBL1 home games held at Venues in Canberra (“Event(s)”). Such Tickets may be sold individually or as part of Membership Packages or Hospitality Packages.
Please carefully read these terms and conditions (“General Ticket Terms and Conditions”) before purchasing a Ticket (individually or as part of a Membership Package or Hospitality Package). By purchasing a Ticket, Membership Package or Hospitality Package from us, you agree to be bound by these General Ticket Terms and Conditions.
These General Ticket Terms and Conditions relate to the sale of Tickets (individually or as part of Membership Packages or Hospitality Packages) and attendance at Events. These General Ticket Terms and Conditions apply to both the original purchaser and any subsequent Ticket holders or Ticket users, including those holding or using a Ticket acquired as part of a Membership Package or Hospitality Package (“you” or “your”).
Variation to General Ticket Terms and Conditions
We may vary these General Ticket Terms and Conditions at any time by updating them and housing the updated General Ticket Terms and Conditions incorporating the varied terms on our Website. Tickets purchased (individually or as part of Membership Packages or Hospitality Packages) after the date of publication of the varied terms will be subject to the variation.
1. CURRENCY
1.1 - All Ticket prices for Events that occur in Canberra are stated in Australian Dollars.
2. WHO YOU ARE BUYING FROM
2.1 - When you purchase a Ticket, Membership Package or Hospitality Package, Basketball ACT will be handling the transaction and collecting payment using Flicket Limited’s software. You acknowledge that Basketball ACT is not liable to you for any failure to purchase a Ticket, Membership Package or Hospitality Package via our Website.
3. SALE AND SUPPLY OF TICKETS
3.1 - A Ticket, Membership Package or Hospitality Package purchase or transaction will not be treated as complete or accepted by Basketball ACT until payment has been received in full and an order number or other confirmation has been issued.
3.2 - When purchasing multiple Tickets (individually or as part of Membership Packages or Hospitality Packages) for an Event, you may be limited to a specified number of Tickets. Quantity limits apply to ensure fair access to Tickets for fans and as a measure to minimise Ticket scalping. If you exceed the stated quantity limit, you may have any or all of your order/s, Tickets, Membership Packages or Hospitality Packages cancelled without notice by Basketball ACT at its discretion. This includes orders associated with the same name, email address, billing address, credit card number or other information.
3.3 - While Basketball ACT takes all reasonable care to ensure that Tickets, Membership Packages and Hospitality Packages are correctly priced and only available for sale when intended, sometimes errors may occur. Basketball ACT may cancel an order as a result of any such error, although in the case of a pricing error, Basketball ACT will endeavour to contact you to give you the option of purchasing the Ticket, Membership Package or Hospitality Package at the correct price.
4. ENTRY TO EVENTS
4.1 - Entry to an Event will be granted with presentation of:
(a) a valid QR-coded Ticket housed on your mobile phone; or
(b) a valid QR-coded self-printed PDF Ticket,
(c) issued by an Authorised Ticketing Agency.
4.2 - Entry into an Event may be refused if the authenticity or validity of a Ticket is questionable, including because the ticket has already been utilised for entry to the Event, been damaged or defaced in any way, or has not been purchased from Basketball ACT or other authorised points of sale.
4.3 - Where a Ticket is purchased specific to an age group (eg child or concession), Basketball ACT may request suitable and valid identification for use of the Ticket at the Event.
4.4 - The purchase or claim to buy a Ticket, Membership Package or Hospitality Package for business purposes may not necessarily guarantee the protections that would otherwise be available to individuals under Australian consumer laws, however, this does not change the rest of these General Ticket Terms and Conditions which remain valid.
4.5 - Admission to an Event is subject to all Event terms of entry which are made up of these General Ticket Terms and Conditions, the Venue’s terms of entry (which can be found on the Venue’s website) and the relevant Australian Government laws and regulations in place at the time (including any health regulations which may continue to be updated in the lead up to an Event). In particular, the following form part of each Event’s terms of entry unless otherwise specified:
(a) You may be denied entry into, or removed from, an Event where Basketball ACT or the Venue has reasonable grounds to do so, including if you breach these General Ticket Terms and Conditions or the Venue’s terms of entry, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the Event by others.
(b) You may be denied entry into, or removed from, an Event where Basketball ACT or the Venue has reason to believe you may be engaging in any form of Ambush Marketing.
(c) You may be denied entry into, or removed from, an Event where Basketball ACT or the Venue has reason to believe you may be engaging in any form of Courtsiding.
(d) You may be required to submit to a search of your person and/or possessions before entering the Event.
(e) You agree to follow the reasonable directions of Venue staff at the Event.
(f) 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.
(g) 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.
5. TICKET USE, RESALE AND SCALPING
5.1 - The purchase of a Ticket (individually or as part of a Membership Package or Hospitality Package) by you creates a contract between you and Basketball ACT which gives you a conditional licence for admission to the Event specified on the Ticket. The licence will automatically terminate if you (or any subsequent Ticket holder or Ticket user, including those holding or using a Ticket acquired as part of a Membership Package or Hospitality Package):
(a) resells a Ticket, Membership Package or Hospitality Package, or any item or combination of items included in a Membership Package or Hospitality Package, at a premium;
(b) resells a Ticket, Membership Package or Hospitality Package, or any item or combination of items included in a Membership Package or Hospitality Package, through a broker or agent;
(c) advertises or offers a Ticket, Membership Package or Hospitality Package, or any item or combination of items included in a Membership Package or Hospitality Package, for resale on the internet or any other medium; or
(d) uses a Ticket, Membership Package or Hospitality Package, or any item or combination of items included in a Membership Package or Hospitality Package, for advertising, promotion or other commercial purpose (including competitions, trade promotions or bundled as part of a match and dining/experience package) or to enhance the demand for goods or services, without the prior written permission of Basketball ACT.
5.2 - If a Ticket, Membership Package or Hospitality Package, or any item or combination of items included in a Membership Package or Hospitality Package, is used or sold in breach of clause 5.1, the Ticket, Membership Package or Hospitality Package may be cancelled without a refund and the Ticket holder may be refused admission. Basketball ACT will use reasonable efforts to notify you or such action.
6. CANCELLATION AND REFUNDS, EXCHANGES AND REPLACEMENTS
6.1 - Unless otherwise provided for in this clause 6, all Ticket, Membership Package and Hospitality Package sales are final and Basketball ACT will not offer refunds or exchanges (in part or in full), including for:
(a) a change in your personal circumstances;
(b) external factors at an Event such as, for example, adverse weather;
(c) a booking made by mistake, or a booking that is no longer wanted or needed;
(d) the non-appearance or substitution of a particular person or group at an Event, such as a player, team, performer or band (whether advertised or not);
(e) any variation to the advertised onfield or off-field Event program, services, attractions, capacity or seating arrangements (including ticket categories and pricing); or
(f) any other circumstances beyond the reasonable control of Basketball ACT.
6.2 - For a Ticket or Hospitality Package purchased by you for a single Event (as opposed to a Ticket purchased as part of a multi-game Membership Package), Basketball ACT will only provide a refund or exchange if an Event is cancelled, rescheduled (to an alternate date than was originally announced) or significantly relocated (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law.
(a) If an Event is cancelled and cannot be rescheduled, Basketball ACT may (at its discretion and subject to availability of Tickets and Hospitality Packages for other Events) offer you an option to:
- Exchange your Tickets or Hospitality Package for a Ticket or Hospitality Package to an alternate Event designated by Basketball ACT, or
- Request a refund, or Basketball ACT may (at its choice) automatically attempt to process a refund back to the original payment method used to purchase your Ticket or Hospitality Package. If we are unable to automatically process a refund, we will contact you within 4 weeks of the event being cancelled in order to begin the process of facilitating your refund.
(b) If an Event is rescheduled (to an alternate date than was originally announced) or significantly relocated (and you cannot or do not wish to attend the rescheduled or relocated event), you must apply for a refund by the earlier of:
- 4 weeks after notification of the reschedule or relocation, or
- 7 days prior to the Event. Basketball ACT will provide you with instructions of how such request must be lodged, and the information to be provided. 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.
(c) In the circumstances detailed in clause 6.2 above, all liability is limited to the amount for which the Ticket or Hospitality Package was purchased (less any credit card fees and processing fees). Proof of purchase may be required for any refund or exchange. Unless required by law (including Australian Consumer Law), Basketball ACT will not 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.
6.3 - For Tickets purchased as part of a multi-game Membership Package, Basketball ACT will only provide a refund or exchange a Ticket if an Event is cancelled, rescheduled (to an alternate date than was originally announced) or significantly relocated (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law.
(a) If an Event is cancelled and cannot be rescheduled, Basketball ACT may (at its discretion and subject to availability of Tickets for other Events) offer you options which may include:
- Exchange your Ticket for a Ticket to an alternate Event designated by Basketball ACT, and/or
- Request a credit note and/or
- Request a refund or Basketball ACT may (at its choice) automatically attempt to process a refund back to the original payment method used to purchase your Ticket. If we are unable to automatically process a refund, we will contact you within 4 weeks of the event being cancelled in order to begin the process of facilitating your refund.
(b) If an Event is rescheduled (to an alternate date than was originally announced) or significantly relocated (and you cannot or do not wish to attend the rescheduled or relocated event), you must apply for a refund or credit note by the earlier of:
- 4 weeks after notification of the reschedule or relocation; or
- 7 days prior to the Event. Basketball ACT will provide you with instructions of how such request must be lodged, and the information to be provided. If you do not request a refund or credit note by that date, you will have agreed to the reschedule or relocation and will not be entitled to claim a refund or credit note.
(d) In the circumstances detailed in clause 6.3 above, all liability is limited to the face value of the Ticket had it been sold as an individual Ticket (less any credit card fees and processing fees). Proof of purchase may be required for any refund or exchange. Unless required by law (including Australian Consumer Law), Basketball ACT will not 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.
6.4 - The time Basketball ACT may take to process a refund will vary, especially in instances where an entire Event has been cancelled, rescheduled or relocated. Basketball ACT will endeavour to process refunds within the following timeframes:
(a) within 20 business days from the date that Basketball ACT confirms to you that you are entitles to a full refund; or
(b) within 30 business days from the date that Basketball ACT confirms to you that you are entitled to a partial refund.
6.5 - If no monetary consideration has been paid for a Ticket, Membership Package or Hospitality Package, no refund or other costs will be payable to the holder of such Ticket, Membership Package or Hospitality Package in the event of cancellation, rescheduling or relocation of an Event, or for any reason whatsoever.
6.6 - You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers you engage with when making your arrangements for attendance at an Event. You may also wish to consider taking out a relevant insurance policy to cover any losses in case of Event cancellation, rescheduling or relocation.
6.7 - Basketball ACT 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. Basketball ACT may charge a reasonable fee for the replacement of Tickets. Basketball ACT may not replace tickets where seating is unallocated (general admission tickets).
7. PHOTOGRAPHING AND/OR RECORDING AT EVENTS
7.1 - By attending an Event, you and each attendee in your group acknowledge and agree that you each may be photographed, filmed and/or recorded and you each give permission to Basketball ACT and the Venue to use your image, likeness and voice obtained at the Event in all media throughout the world for any purpose and without any compensation.
7.2 - Your own personal digital camera is permitted at Events, and you are permitted to capture photos/videos on your camera strictly on the basis that:
(a) images/videos are used solely for private and personal use; and
(b) images/videos cannot be made available for sale, livestream or any kind of broadcast, public display or any activity which may be perceived to be using an image/video to create a commercial product or an association or promotional relationship between the subject of the image and another entity or person.
7.3 - SLR cameras are permitted at Events but professional photography equipment (such as a telephoto lens, lens over 20cm or detachable lens) is not permitted without media accreditation issued from Basketball ACT or NBL1. Basketball ACT and/or the Venue will determine (in their absolute discretion) whether your camera equipment is considered to be professional photography equipment.
7.4 - Basketball ACT reserves the right to confiscate and/or delete any imagery, footage or recordings created by unauthorised or prohibited photography, filming or recording.
8. PRIVACY
8.1 - You acknowledge that Basketball ACT will collect, use, share and store Personal Information in accordance with our Privacy Policy available at https://drua.flicket.io/privacy-policy and the Privacy Laws.
8.2 - You acknowledge and agree that you consent to the collection, use, disclosure, storage and processing of your Personal Information in accordance with these General Ticket Terms and Conditions and our Privacy Policy.
8.3 - If you are providing us with Personal Information about another person, then you must obtain all consents and approvals necessary at law from the relevant individual to enable us to collect, use, disclose, hold and process that information in accordance with these General Ticket Terms and Conditions and our Privacy Policy.
8.4 - With respect to Personal Information, Basketball ACT has put in place suitable physical, electronic and managerial procedures to safeguard and secure the Personal Information that we collect. Basketball ACT will also take reasonable steps to ensure that our third parties to whom we disclose your personal information take reasonable steps to protect your Personal Information in accordance with our Privacy Policy and the applicable privacy laws.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 - Each party will retain ownership of its own Intellectual Property Rights existing at the time these Terms are entered into.
9.2 - You acknowledge and agree that all Intellectual Property Rights created or devised by Basketball ACT in connection with the provision of Tickets, Membership Packages or Hospitality Packages shall be owned by and shall vest in us, as and when created. To the extent that you become the owner of any Intellectual Property Rights arising in connection with Tickets, Membership Packages or Hospitality Packages and our services, you hereby assign and transfer absolutely, and shall procure the assignment of, all rights, title and interest in and to the Intellectual Property to Basketball ACT.
9.3 - You shall have no right to use, sell, reproduce, copy, distribute or otherwise dispose of Basketball ACT's Intellectual Property Rights, and you must not allow any third party to reproduce our Intellectual Property Rights.
10. LIABILITY AND WARRANTIES
10.1 - Basketball ACT will not be in breach of any of its obligations to you under these General Ticket Terms and Conditions because of any failure on our part directly or indirectly due to a cause beyond our reasonable control, including a Force Majeure Event.
10.2 - To the extent permitted by law, in no event shall Basketball ACT be liable to you under or in connection with these General Ticket Terms and Conditions and/or the supply of Tickets, Membership Packages or Hospitality Packages (whether in contract, tort or otherwise) for consequential losses or damages, indirect loss or any economic loss or loss or profits.
10.3 - To the fullest extent permitted by law, Basketball ACT will not be liable for any loss or damage (including indirect or consequential loss or damage) suffered as a result of, or arising from, or in any way connected to the cancellation, postponement or change to an Event (or any part of an Event).
11. INDEMNITY
11.1 - You agree to indemnify and hold Basketball ACT and its affiliates harmless from any loss, liability, claim or demand, including reasonable solicitors’ fees, made by any third party due to or arising out of your negligence or breach of these General Ticket Terms and Conditions.
12. GENERAL
12.1 - Basketball ACT makes no representation or warranty of any kind in relation to the quality, content, or duration of any Event, or any other activity associated with a Membership Package or Hospitality Package.
12.2 - Basketball ACT and other organisers of an Event or any other activity associated with a Membership Package or Hospitality Package reserve the right to add, withdraw and/or substitute any players, performers, or activities associated with an Event or any other activity associated with a Membership Package or Hospitality Package.
12.3 - You are not guaranteed an uninterrupted and/or uninhibited view of an Event or any other activity associated with a Ticket, Membership Package or Hospitality Package from the provided position.
12.4 - You must not assign or transfer all or any part of your rights or obligations under these General Ticket Terms and Conditions without Basketball ACT's prior written consent. Basketball ACT may assign any rights or obligations without your approval as well as subcontract any obligations to third parties.
12.5 - The illegality, invalidity or unenforceability of any provision of these General Ticket Terms and Conditions will not affect the legality, validity or enforceability of another provision.
12.6 - No waiver of any provision of these General Ticket Terms and Conditions will serve as a waiver of any other provision of these General Ticket Terms and Conditions and we will not have waived or be deemed to have waived any provision of these General Ticket Terms and Conditions unless such waiver is in writing and executed by us.
12.7 - Without limiting other remedies, Basketball ACT may limit, suspend or terminate your user account to our Website if you act inconsistently with these General Ticket Terms and Conditions, including in particular if we believe you are harassing, threatening or abusing our employees or other Ticket purchasers or account holders, or you act in an unlawful or inappropriate manner. For clarity, we may also limit, suspend or terminate any user account which has been activated primarily to circumvent temporary or permanent suspensions already in place with respect to a different user account.
12.8 - These General Ticket Terms and Conditions are governed by the laws of Australia and the parties submit to the exclusive jurisdiction of the courts of Australia in respect of any dispute or proceeding arising out of these General Ticket Terms and Conditions.
12.9 - Please contact us at comms@basketballact.com.au if you have any comments, questions or complaints about the services we provide or these General Ticket Terms and Conditions.
13. DEFINITIONS
13.1 - “Ambush Marketing” means the promotion in any form of any entity, cause, business or product without the prior written consent of Basketball ACT at, or in the vicinity of, an Event.
13.2 - "Authorised Ticketing Agency” means each of:
(a) Basketball ACT (via the Website);
(b) Flicket.io;
(c) Basketball ACT Affliated Clubs;
(d) any other business permitted by Basketball ACT to promote and sell Tickets to Events.
13.3 - “Force Majeure Event” means any event or cause beyond the reasonable control of a party, including but not limited to, strike, industrial action, war, sabotage, terrorist activity, national emergency, blockade, pandemic, epidemic or governmental action, inaction or direction (excluding, for the avoidance of doubt, an action, inaction or direction by the Chiefs or you), and act of God.
13.4 - “Hospitality Package” means a hospitality-related experience sold to consumers which includes a Ticket.
13.5 - “Including or including” means “including without limitation”.
13.6 - “Intellectual Property Rights” means all intellectual property rights including patents, copyright, registered and unregistered designs, trade marks (both registered and unregistered), logos, business and trade names, processes, inventions, and know-how.
13.7 - “Membership Package” means a bundle of rights and benefits sold to a consumer as a way to support the NBL1 East Canberra Gunners and Nationals, which may or may not include Tickets and/or an opportunity to purchase Tickets.
13.8 - “Personal Information” means any information that can be used to directly or indirectly to identify an individual, and references to “your Personal Information” also includes any Personal Information that you provide to Basketball ACT about someone else.
13.9 - “Privacy Laws” means any legislation dealing with and/or enacted, together with the right to privacy.
13.10 - “Ticket” means a ticket or QR code which provides entry to an Event, and includes each entry to each individual Event if acquired via purchase of a Membership Package.
13.11 - “Venue” means Tuggeranong Southern Cross Basketball Stadium in Greenway, Belconnen Basketball Stadium in Belconnen or any other location chosen by Basketball ACT to host a Canberra NBL Game.
13.12 - “Website” means https://basketballact.flicket.io/.
