The Pleasure Garden Terms of Sale and Entry
Our goal at The Pleasure Garden is to make your purchasing experience easy, efficient and equitable, so we can get you on your
way to live events as quickly as possible. The following policies are designed to ensure your satisfaction and understanding
of our purchase processes. If you have any questions about the information below, please contact us.
1. The purchase of tickets to the Event constitutes a binding contract between Us and you as the ticket buyer and, in the event that tickets are purchased on another person's behalf, that other person or persons entitled to these tickets("Ticket Buyer", "You" or "Your").
2. We sell tickets offered via this website as the event organisers, Pleasure Garden Productions (ABN 64 974 601 595) of 208a Whitehall St, Footscray, Victoria, 3011 ('Presenter') and any tickets purchased from this website are purchased from us ("We", "Us", "Our").
3. The website oztix.com.au (the "Oztix Website") is owned and operated by Ticket Solutions Pty Ltd (ACN 106 907 206) t/as Oztix ("Oztix") of PO Box 476, Annerley, 4103, Queensland, Australia. If You buy tickets direct from the Oztix Website You are subject to Oztix's Terms and Conditions and may (or not, as the case may be) be subject to Our Terms Of Sale following.
4. Any dispute You have relating to an event or ticket purchase is between You and Us. In this instance Oztix is the company we have engaged to provide a software platform and related services to facilitate sales of tickets. Oztix are not selling the tickets nor acting as agent or the merchant for sales of tickets or the Presenter.
5. The sale of tickets to the Event are sold to You by Us subject to these Terms Of Sale and the standard Oztix terms and conditions itemised below.
6. The Presenter nor Oztix are not liable for any claims relating to an event or ticket purchase, except as otherwise set
out in these terms and conditions.
7. Each ticket that You purchase is a license to attend a particular Event and is subject to the additional terms set forth printed on that ticket or on Our website or the Venues website.
8. Pricing and Availability
Tickets are generally sold through several distribution points, including online, contact centres, outlets and box offices. Most distribution points generally access the same ticketing system and inventory. Therefore, tickets for popular events may sell out quickly. Occasionally, additional tickets may be available prior to the event.
Refunds are subject to the standard refund policy as itemised below.
10. Billing Information Verification
Orders are processed only after a billing address and other billing information has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, We or Oztix customer service will attempt to contact You using the information provided at the time of purchase. If We or Oztix is unable to reach You after its initial attempt, then We or Oztix may cancel Your order and may sell Your tickets to another customer.
11. Delivery of Tickets and Venue Pick Up
All online tickets are delivered digitally (and are required to be printed at home or loaded onto a mobile device). Tickets are available in physical form at some outlets. Postage and Handling fees may also apply.
12. Pricing and Other Errors
a. 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, then We will have the right to cancel that ticket (or the order for that ticket) and refund to You the amount that You paid. This will apply regardless of whether because of human error or a transactional malfunction of Our website or Oztix's website or other The Pleasure Garden operated systems.
b. If we discover an error in the price of tickets You have ordered (regardless of the source of that error, and whether it was an error in a price posted on Our website or Oztiix's website or otherwise communicated to You), we will inform You as soon as possible and give You the option of reconfirming Your order at the correct price (and credit or debit Your account as applicable) or cancelling Your order.
c. If we are unable to contact You, You agree that we may treat the order as cancelled. If You choose to cancel after You have already paid the incorrect ticket price for the tickets, You will receive a full refund from us.
13. Limitation of Liability
a. To the extent permitted by law (including, without limitation the Australian Consumer Law), neither Us or Oztix shall have any liability to You beyond the face value of the ticket purchased plus any relevant per transaction handling fee and delivery fee. Neither Us or Oztix shall be liable for any claim of loss, damages or expenses. Personal arrangements including travel, subsistence and accommodation relating to the event which have been arranged by You are at Your own risk. Us or Oztix accepts no responsibility for any personal property. This provision does not affect Your rights or remedies in relation to any Consumer Guarantee that may be applicable to Our or Oztix's services.
14. Injury at events
To the extent permitted by law, We disclaims all liability for any injuries caused at an event. Note that, objects may fly into the spectator area during events. Although reasonable measures are taken by Us to protect spectators, injury can occur. Stay alert at all times before, during and after the event. If struck or otherwise injured or distressed, immediately ask a staff member or security for assistance or directions to a medical station or contact an emergency service. By purchasing a ticket from Us You acknowledge and accept these terms and conditions in Your personal capacity and on behalf of any accompanying minor. You assume all risks which are incidental to the event for which the ticket You have purchased is issued, whether before, during or after the event.
15. License; Ejection and Cancellation; No Redemption Value
We reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct We or any of our agents, employees or contractors deem to be disorderly, who uses vulgar or abusive language or who otherwise fails to comply with the terms and conditions of entry. Breach of any such terms and conditions will terminate Your revocable licence to attend the event without refund or compensation. A ticket is a revocable licence and admission may be refused upon refunding the ticket 's face amount. A ticket is not redeemable for cash.
All patrons attending an event must hold a valid ticket for that event and valid ID that shows their age (if over 18).
17. Recording, Transmission and Exhibition
You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You grant permission to Us to utilise Your image, likeness, actions and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after the event) in any medium or context without further authorisation or compensation.
18. You Are Subject to Search
You may be requested to submit yourself and Your belongings to a search on entry to an event for which You have purchased a ticket. By purchasing a ticket from Us You consent to such searches and waive any related claims that may arise (to the extent permissible by law). If You withdraw Your consent to such searches, You may be denied entry to the event without refund or other compensation. Our rules may prohibit certain items from being brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers. Such items may be confiscated and neither Us nor the Venue accept any responsibility for confiscated items.
19. Unlawful Re-Sale of Tickets; Commercial PurposesThere are laws in place in certain states that prohibit resale of tickets to certain events or limit the prices at which they may be resold. As a ticket purchaser, You are responsible for complying with any such laws. Please also check when booking for any event-specific terms imposed by a Presenter that may limit Your rights to resell a ticket.
20. A ticket shall not be used for advertising, promotions, contests or sweepstakes, unless formal written authorisation is given by Us, provided that even if such consent is obtained, use of The Pleasure Garden' s trademarks and other intellectual property is subject to Our express consent.
For tickets purchased online the following Terms of Sale also apply:
21. Multiple Browser Windows
When ordering tickets online at Our website or Oztix's website please ensure You are looking for tickets and placing an order using only one browser window. Looking up tickets using multiple browser windows could result in losing Your tickets or timer expiration.
22. Order Confirmation
Details of all successful and completed ticket purchase orders are sent to the purchaser (in the form of a confirmation page or email) with a confirmation number. If You do not receive confirmation number after submitting payment information, or if You experience an error message or service interruption after submitting payment information, it is Your responsibility to confirm with the Customer Service Department whether or not Your order has been placed. Only You may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if You assumed that an order was not placed because You failed to receive confirmation.
The price shown for tickets on Our website or Oztix 's website includes GST, a Booking Fee and an additional fee charged for bank processing, accounting and reconciliation. There is also an optional physical postage fee.
24. Amount of Tickets Per Customer or "Ticket Limits"
When purchasing tickets You are limited to a specified number of tickets for each event (also known as a "ticket limit"). This amount is included on the unique event page and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices.
All ticket prices for events that occur in Australia are stated in Australian Dollars. Online purchases can be made using Visa or Mastercard.
Check out our Ticket Buying Tips section for more information on ticket availability.
26. Law and Jurisdiction
The provisions of Our Terms of Sale are governed by the laws of the State of Victoria, 'Australia
Oztix Terms and Conditions to be read in conjunction with the Presenters Terms of Sale;
What you are agreeing to
28. Every ticket sold through Our website or Oztix's website is also subject to:
a. the Presenter's additional event term and conditions (please see the Presenter's website);
b. any terms and conditions of the venue at which event is held (please see the venue's website); and
c. any terms and conditions that may be printed on the ticket.
29. The Presenter reserves the right to add, withdraw, reschedule or substitute artists and/or vary programs, prices, venues, seating arrangements and audience capacity.
30. Use of the Oztix Web Site
Use of this website is restricted to personal use and reference only.
Conditions of Sale
31. All Prices quoted are in Australian Dollars and include local taxes (GST).
32. Online sales will cease when the allocation of tickets is sold, at a time otherwise specified or usually 2 hours before doors open for the event.
33. The Presenter reserves the right not to sell tickets to any person, agent or company.
34. Tickets will be delivered to you by the method you select during the booking process. If tickets are sent using Registered Post they will only be sent to addresses where the purchaser can sign for delivery. Mail delivery option will cease to be offered 10 days before the event.
35. Tickets may not, without the prior consent of the Presenter, be resold or offered for resale at a premium over the face value of the ticket (including via on-line auction sites) or used for advertising, promoting or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services either by the original purchaser or any subsequent ticket holder.
36. Not withstanding these terms and conditions, if You use a "disposable" or "temporary" credit card (such as those purchased over the counter at supermarkets) for Your online purchase We are not able to make any refund to you unless a) you can provide full details of the credit card; b) the credit card remains valid; and c) you can produce the online purchase receipt. Note: your Credit Card statement will itemise a purchase as a charge from "Ticket Solutions Pty Ltd."
37. Change of Date or Venue
a. The Presenter reserves the right to alter the date, the venue and the entertainment and activities as advertised, without prior notice to you.
b. If the date, time or venue of an event is rescheduled or changed, your ticket will remain valid for the rescheduled date, time and venue.
c. Your entitlement to a refund in such circumstances is determined by the Presenter. Please contact Presenter directly in order to determine your eligibility for a refund.
38. Refunds and exchanges
a. The Presenter will only refund tickets in accordance with these terms and conditions and to the extent permitted by law. The Presenter or Oztix has no liability to you.
b. We do not replace any lost, stolen or destroyed tickets or exchange or substitute tickets after purchase, except in limited circumstances. We reserve the right to charge you a reasonable fee for the replacement of tickets. Please treat your tickets like cash, as we cannot replace lost tickets.
c. If Presenter does authorise a refund, We will refund to you the Ticket Price, the Booking Fee, the bank, accounting and reconciliation fee and if applicable any Delivery fees charged for and tickets were not dispatched.
d. Any refund payable can only be made back to the credit card (whether temporary or otherwise) used in the original transaction.
e. The Presenter will post any relevant information regarding any cancelled or rescheduled events on their website when applicable. It is your responsibility to check the website for information in relation to any events.
39. No Show / Failure to collect tickets / Delivery fulfilment
Oztix fulfils our commitment to you for the sale of tickets by either mailing or emailing the ticket to you, or by making the ticket available at the door or Box Office for you to collect.
If you have elected to receive the tickets by mail or email and have not received your ticket(s) within 48 hours of the event, please contact Oztix.
40. VIP Packages
We sell tickets coupled with other offerings such as VIP experiences, music, merchandise etc. (So called "Bundled Sales"). We cannot be held liable or responsible for the non-delivery of any goods or services that have been Bundled with Tickets as we have no oversight over how the fulfilment or delivery of Bundled Sales are managed. It is a condition of sale that all claims about non-delivery of Bundled Sales must be taken up direct with the Presenter. Please contact the Presenter here.
41. Pay Over Time Payment Option
a. In some circumstances you may be able to pay for your ticket over time, in instalments. If both parties agree to this payment option, You agree that We can charge your credit card a deposit, a booking fee (if any) and the number of specified instalments prior to sending you a confirmed ticket.
b. You agree that you only have a reservation for a ticket and are not entitled to a ticket to the relevant event until full payment of the ticket and associated fees is made.
c. If your credit card details change prior to your payment of any instalment, you agree to contact Us to update your credit card details.
d. You agree that if, for any reason, We are not able to process any of the instalments on their due date, your reservation for the ticket will be cancelled and your deposit and any booking fee paid forfeited by you.
e. We agree to repay any instalment (other than the deposit and any booking fee) you have paid to Us to the credit card you specified at the time of selecting the pay overtime option, provided that credit card remains valid.
42. Changes to Terms and Conditions
The terms and conditions that apply to any particular transaction will be the published terms and conditions at the time the transaction was finalised. Subject to the preceding sentence, the Presenter or Oztix may alter or change the terms and conditions as they appear on the presenters or Oztix's website from time to time effective immediately from posting on the web site. You should periodically check this page of the web site to ensure that you are aware of the latest terms and conditions.
43. What happens if you have an inquiry or complaint?
For inquiries or complaints regarding the sale and delivery of tickets please contact us by email c/o email@example.com or telephone 1300 762 545.
For inquiries or complaints regarding the staff and / or amenities at a venue or event, please contact the venue management.
For inquiries or complaints regarding the artist's performance, sound or lighting or production quality, please contact the Presenter.
44. Data Security
If you are concerned about using your credit card online please contact us for assistance.
If you deny or dispute a charge on your credit card made by us, please contact us immediately. We consider credit card fraud to be a serious offence and we aim to prosecute each case to the fullest extent possible.
45. Copyright and Trademark
The images, text, logos and artwork contained within the web sites are copyright to Presenter, Oztix and/or the relevant licensors. All rights are reserved. Unauthorised use by way of copying, storage, reproduction, publishing electronically or otherwise transmitting in any form or by any means in whole or in part is prohibited. The Oztix logo is a registered trademark.
46. Disclaimer and liability
You accept that the Internet is not always a reliable and that system outages may occur.
Save to the extent set out in the Competition and Consumer Act 2012 (Cth) (including the consumer guarantees under Australian Consumer Law) or otherwise permitted by law, the Presenter or Oztix will not be liable for any damages direct, incidental, consequential or otherwise, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your purchase of any tickets or your access to, or use of, or inability to use the web site and its content, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not We know of the possibility of such damage.
47. Australian Consumer Law
Our goods and services come with consumer guarantees that cannot be excluded under Australian Consumer Law. Those consumer guarantees apply in addition to any other express warranties which we provide under this Agreement. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.