Terms & conditions of Website use
Welcome to CHERRYBOMBA’s website, www.cherrybomba.com.au (the “Website”). By visiting and using the CHERRYBOMBA Website, you accept and agree to be bound by the terms and conditions set out below. All references to CHERRYBOMBA (“us”, “our”, “we”, “CHERRYBOMBA”) refer to CHERRYBOMBA, ABN: 40801417202; “you”, or “your”, means the person the person who accepts these Terms and Conditions, by using www.cherrybomba.com.au (the “Website”) and associated software, networks and processes, including the purchase of products or services through the Website. We reserve the right to change or update our Terms and Conditions at any time. Please visit the Website to be updated on the changes or updates on the Terms and Conditions.
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INTELLECTUAL PROPERTY
Contents of CHERRYBOMBA’S Website is copyright under CHERRYBOMBA and/or its licensors. All rights reserved. CHERRYBOMBA owns and operates this site. No content of this Website may in any form or by any means be reproduced, stored, adapted, transmitted, or stored without CHERRYBOMBA’s or the respective owners’ prior written permission. As a visitor or user of this Website, you must fully comply with Copyright Act 1968 (Cth).
CHERRYBOMBA logo is owned by CHERRYBOMBA, ABN: 40801417202.
CHERRYBOMBA, at its sole discretion, may provide you a prior written permission to use the contents of this Website as long as it is for your personal use only, and NOT commercial use. CHERRYBOMBA reserves all right not expressly granted in this Terms and Conditions.
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RELIABILITY AND ACCURACY OF CONTENTS
Contents of the Website may come from sources that are deemed reliable at the time the information is provide to CHERRYBOMBA. We endevour to provide reliable and accurate information on this Website, however, we do not warrant and we will not accept responsibility for the accuracy or completeness from time to time of any content on this Website as appropriate. Subject to the relevant legislation, we will not be held liable for any losses or damages resulting from any action arising in connection with the use or publication of any content from this Website, including any action for copyright/trademark infringement or defamation.
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PROPER AND LEGAL USE OF WEBSITE
You agree that you will not use any device, software, robot, spider, other automatic device, or manual process to obtain, copy and transmit the contents of this Website without prior written consent from CHERRYBOMBA’S authorised representative or respective licensees and/or interfere or attempt to interfere with the Website’s normal operations.
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LINKS TO OTHER SITES
This site contains links to other websites. We do not make any warranties or claims regarding the quality, accuracy, merchantability or fitness for purpose of any content, material, and processes on the other websites.
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NO LIABILITY
CHERRYBOMBA will not be held liable for any indirect, incidental, special or consequential damages, including damages for loss of business or other profits, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access the CHERRYBOMBA website or any content provided on this Website. If we can’t fully exclude liability, then our liability will be limited to the resupply of content.
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INDEMNITY
CHERRYBOMBA, including its owners/officers/licensees/partners will not be held liable with reference to any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with any breach or alleged breach by you of these Terms and Conditions or any other legal obligation.
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DISPUTE RESOLUTION
CHERRYBOMBA will try to settle disputes related to the use of this Website and / or the products and services obtained from this Website amicably. If you have complaints, please send an email to cherrybomba8@gmail.com and state clearly what the complaint is about and your recommendations on how the complaint can be settled in an amicable manner. We will review your complaint and settle it in accordance with our complaint resolution process. CHERRYBOMBA’s decision on complaints and issues is final and irrevocable. If you are not satisfied with CHERRYBOMBA’s decision on your complaint, you have the option to escalate it to the proper entity as appropriate and at your own cost.
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APPLICABLE LAW
These Terms and Conditions are governed and interpreted in accordance with the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.
Terms and conditions of sale
CHERRYBOMBA (ABN: 40801417202), including its featured artist(s) and their management; personnel, authorised representatives, service providers, sponsors, and other officially affiliated parties (collectively defined as “we”, “our”, “us) aim to bring you live entertainment that you will enjoy and appreciate. The following terms and conditions are provided to “you”, as the person who accepts these terms and conditions, to ensure we have a common understanding and agreement with you of our respective responsibilities related to your purchase of the ticket for, and attendance to, the upcoming event. By purchasing the ticket(s) for the upcoming event, you agree to be bound by these terms and conditions.
- Your ticket contains a unique QR and/or ticket code that will allow you entry to the event—keep it in a safe place and protect it at all times like your money or ATM PIN.
- Only the first scan of the QR code or your ticket code will be allowed entry in the venue. This means if your ticket information has been photocopied or compromised, and your unique QR code and/or ticket code has been earlier scanned by someone else other than you, you will not be able to gain entry to the event. For your convenience, bring a printed copy of the ticket with you when you attend the event.
- We may ask you to present your valid ID and the credit card used to purchase the ticket(s).
- If there is no seating arrangement on the ticket, seats will be allocated on a first come, first served basis. No reservation of seats will be allowed. Empty seats will be distributed accordingly by us or our authorised representatives before and/or during the event.
- No refund or exchange on any ticket except as required by law and as otherwise specified by us. In the event of a refund, we may retain any fee that’s been charged to us by a third party or as appropriate, in line with the relevant rules and legislations.
- We reserve the right not to replace a lost, stolen, damaged or duplicated ticket. In the event of a ticket replacement, we may charge a replacement fee, to be solely determined by us.
- Entry may be refused for damaged and duplicated tickets, and for tickets that are not purchased from cherrybomba.com.au or our authorised ticket agent(s).
- A condition of entry may require a search of person and / or their bags or possessions prior to or at the time of entry to the venue.
- Alcohol, illegal drugs, smoking, and/or weapons; and substance or materials that we deem dangerous, hazardous or inappropriate will be NOT be allowed at the venue.
- Aggressive, excessive, disruptive, dangerous and/or any other type of inappropriate behaviour or condition as determined by us will not be allowed in the venue. An event attendee demonstrating any of this behaviour or condition will be removed from the venue permanently for the whole duration of the event, for the safety of the other attendees and relevant parties.
- No audio and/or video/visual recordings are allowed in the venue except for recordings that are pre-cleared and authorised by CHERRYBOMBA.The right is reserved to broadcast or transmit recordings of the event.
- We reserve the right to add, change artists, withdraw, or reschedule the date of the event, or any other activities in relation to the event (e.g. meet and greet). We also reserve the right to vary the information on our marketing collaterals, price of the ticket, venues, seating arrangements and maximum audience capacity.
- Tickets may not be resold, auctioned at a premium, transferred or used for advertising, promotion or other commercial purposes without prior written consent from CHERRYBOMBA. In the event of a non-compliance on this condition, the ticket may be cancelled or will be made invalid, and no refund will be issued. The ticket bearer will be refused entry.
- The number of ticket allocations for this event is limited. If your order has exceeded the allocated number of tickets, or if we determine that your ticket(s) was/were obtained through the misuse of cherrybomba.com.au and/or affiliated website(s) or through a method which we deem fraudulent, illegal or caused by administrative oversight from you or our system, under the relevant laws and legislation of New South Wales, you may have any or all of your orders and tickets cancelled without notice by us at our sole discretion.
- To the extent permitted by law, CHERRYBOMBA, its Directors, personnel, business partners, authorised representatives and other affiliated parties shall not have any liability to you in relation to your purchase of the ticket or attendance to the event.
- Tickets may not be resold, auctioned at a premium, transferred or used for advertising, promotion or other commercial purposes without prior written consent from CHERRYBOMBA. In the event of a non-compliance on this condition, the ticket may be cancelled or will be made invalid, and no refund will be issued. The ticket bearer maybe refused entry.
- No banners, signages, advertisements or marketing materials allowed in the Venue unless authorised by CHERRYBOMBA.
- Any person entering the venue, regardless of age, must hold a valid ticket and occupy a seat. You must occupy your seat and you may not move to other locations in the venue unless directed by us. Young children must be seated beside their parent/guardian, and must be accompanied by their parent/guardian, at all times. Children under the age of two will not be admitted.
- If you are accompanying a minor, you must be responsible in ensuring that the minor will conduct himself/herself appropriately and in a manner which is not determined by us or our authorised representatives to be disruptive, objectionable, or disturbing to other concert goers. In the event that you will not be able to appropriately manage a minor demonstrating any disruptive, objectionable, or disturbing behaviour as determined by us, we reserve the right to move you and the minor into another seat, another area in the venue, or in an area outside the venue at any point during the event.
- While we will endeavour to do everything that we can to provide a good event, CHERRYBOMBA does not warrant that you will be satisfied with the featured artists’ performance, the venue, or that the event will be free of technical or operational difficulties.
- As a ticket holder, you are granting CHERRYBOMBA a fully-paid, perpetual right to all photographs, video or audio recordings of you taken or made at the event, or in connection with the event (e.g. meet and greet), and the right to record, use, reproduce, broadcast, adapt, sell and distribute any photographs, video or audio recordings for any purpose.
- Any issues arising from the purchase of tickets from our Authorised Ticket Agents are, up to the extent permitted by law, solely between you and the Authorised Ticket Agent.
We may vary these terms and conditions from time to time and variations become effective when posted on cherrybomba.com.au website. Please visit cherrybomba.com.au regularly to be updated on any changes on the terms and conditions.
Refund policy
No refund or exchange on any ticket except as required by law and as otherwise specified by us. In the event of a refund, we may retain any fee that’s been charged to us by a third party or as appropriate, in line with the relevant rules and legislations. We reserve the right to add, change artists, withdraw, or reschedule the date of the event. We also reserve the right to vary the information on our marketing collaterals, price of the ticket, venues, seating arrangements and maximum audience capacity.
We reserve the right to charge a replacement fee for lost tickets that need to be replaced. We reserve the right not to replace a ticket based on operational, financial or reasonable grounds.
Delivery policy
Tickets purchased from this Website will be delivered to you online, on your nominated email address upon purchasing the ticket at the point of sale. If you provided the wrong email address, we may charge you a processing fee or we may not replace your ticket. We reserve the right to change your delivery method to “collect at the venue” on our discretion. The arrangement for the delivery of tickets purchased from a non-online source (e.g. ticket resellers) will be between you and the non-online source.