CONDITIONS OF SALE

The following conditions of sale (Conditions of Sale) will apply to and bind the purchaser of any Spooktober event or product described in the Spooktober website at www.spooktober.com.au (website).

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING YOUR PURCHASES. BY SELECTING THE "I AGREE" CHECKBOX, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE CONDITIONS, UNDERSTAND THEM AND AGREE TO BE BOUND BY THESE CONDITIONS. IF YOU ARE MAKING A PURCHASE ON BEHALF OF ANOTHER PERSON, YOU AGREE THAT YOU ARE MAKING THE PURCHASE AS THEIR PARENT/GUARDIAN/AUTHORISED AGENT. 



IMPORTANT NOTICE - PLEASE READ
EXCLUSION OF LIABILITY - WAIVER OF RIGHT TO SUE - YOUR ASSUMPTION OF RISK - THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!

Dale Pope Events Pty Ltd ACN 161 566 267 trading as Spooktober (Spooktober) as the supplier of Spooktober and other halloween/haunted/spooky themed events and services, sells all tickets and supplies all services and facilities to you (the customer) including, but not limited to, the Spooktober Not So Scary Tour (for 3 to 6 year olds), the Spooktober Scary Tour (for over 6 year olds) and the Spooktober After Dark Tour (for over 12 years olds) other Spooktober, halloween, haunted, spooky tours, events and themes with at times frightening audio and lighting effects, limited visibility, strobe lights and fog, Halloween/scary props, equipment rental and maintenance, the condition, layout, construction, design, maintenance and use of Spooktoer tours, haunted house and halloween props, the presence of actors, people or objects therein, the surrounding areas and any other associated activities (services) subject to the following conditions: 
 

  1. By purchasing a ticket for or by entering or using any of the facilities at any Spooktober event, you agree to be bound by these conditions.
  2. Spooktober, its employees, directors, contractors and agents are not liable to you, your dependants or legal representatives for personal injury or death suffered because the services were not supplied with due care and skill or were not reasonably fit for their purpose or because of the negligence, breach of contract, statute or statutory duty by Spooktober.
  3. You acknowledge that the services are scary and might be dangerous with many inherent risks and hazards and as a consequence personal injury or death might occur and you assume and accept all such risks and hereby waive the right to sue Spooktober for any personal injury or death in any way whatsoever caused by or relating to participation in such activities.
  4. RISK WARNING: The participation in any Spooktober event might involve a significant risk of feeling scared, frightened, anxious, disoriented or confused which may then cause you to suffer a personal injury including the possibility of serious injuries, permanent disability or death. All participants who engage in such services do so at their own risk.
  5. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012: Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier of services is required to ensure that the services it supplies to you: - are rendered with due care and skill; and - are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and - might reasonably be expected to achieve any result you have made known to the supplier. 
Under section 22 of the Australian Consumer Law & Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law & Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form (paragraphs 2 and 3).
  6. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law & Fair Trading Act 2012 and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012. 

  7. You agree to pay the cost of and authorise Spooktober to take all steps it considers reasonably necessary to protect your welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
  8. Children must be: (a) at least 3 years of age to use the facilities at any Spooktober event; (b) between 3 years and 6 years of age to participate in the ‘Spooktober Not So Scary Tour’; (c) over 6 years of age to participate in the ‘Spooktober Scary Tour’; (d) over 12 years of age to participate in the ‘Spooktober After Dark Tour’; and (e) when less than 12 years of age be supervised by a responsible adult at all times during the event/tour. Where you are responsible for such children you agree to be bound by these conditions on their behalf (with parental authority) and you will directly supervise them at all times.
  9. Participants must be in good health and free from any adverse medical conditions. For safety reasons, pregnant women, customers with pre-existing health issues or wearing casts are not permitted. If in doubt please seek medical advice. 
Due to the significant age of some of the buildings used by Spooktober for its events, disabled access to an event may be limited – please contact Spooktober at [email protected] prior to making a booking to check on disabled access.
  10. Spooktober reserves the right to refuse admission to anyone at any time and to remove customers from an event or venue for any reason.  In the event that admission is refused or a customer is requested to leave an event or is forcibly removed, the customer agrees that it will not be entitled to a refund and will not be entitled to make a claim against Spooktober for any reason.
  11. Photography and video is strictly prohibited once inside any Spooktober event.
  12. While in any Spooktober event you consent to images and video being taken for security or promotional purposes of yourself, your children or any children for whom you are responsible.
  13. All tickets remain the property of Spooktober and cannot be refunded, transferred or resold. They are valid only for the date and time shown and are void if tampered with.
  14. All participants must comply with all signs or other directions of Spooktober and its representatives and it may suspend or cancel access to services at any Spooktober event in its absolute discretion for non-compliance with these conditions, or for reckless or careless conduct.
  15. No smoking, eating, drinking, food, drinks, open flames, cigarettes or illicit drugs are permitted at any Spooktober event or venue.  It is strictly prohibited for a customer to touch any props or actors during an event.
  16. If you purchase a ticket for any Spooktober event on behalf of another person, you and that other person both agree that you make that purchase as the authorised agent of that other person so that he/she will be bound by these conditions.
  17. Dale Pope Events Pty Ltd reserves the right to alter or cancel, without prior notice, any of the arrangements relating directly or indirectly to an event, for any circumstances beyond Dale Pope Events Pty Ltd reasonable control. This includes the cancellation of an event itself.

Dale Pope Events Pty Ltd maximum liability is limited to a full refund of the event registration fee. Dale Pope Events Pty Ltd  accepts no additional liability for travel costs, or any other additional costs incurred.

By clicking “Agree”, I Agree to the Spooktober Terms and Conditions and that bookings are non-refundable, non-transferable and only applicable for time and session date booked

 

Ticketbooth Partnership Terms and Conditions of Sale

Ticketbooth Pty Ltd, ticketbooth.com.au (collectively "Ticketbooth") operate the ticketbooth booking system and web pages ("ticketbooth platform") for events created by EVENT ORGANISERS.Ticketbooth provides the ticketbooth platform and associated software to EVENT ORGANISERS so that they may list event details, set ticket inventory, sell tickets, take registrations and manage other event functions using the ticketbooth platform. Ticketbooth provides access to certain parts of the ticketbooth platform to the general public so that they may transact and interact with the EVENT ORGANISER.The following Terms and Conditions of Use and Purchase Policy ("these Terms") have been created to ensure you are happy with your ticket purchase and that you fully understand the purchase process with the EVENT ORGANISER who uses ticketbooth, the ticketbooth platform, ticketbooth powered partner websites and ticketbooth retail store associates to promote the EVENT ORGANISER's events, sell tickets, make registrations and bookings.

Section 1 - General

  1. You must be 18 years or older to use this Service.
  2. By using or visiting the ticketbooth platform, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the ticketbooth platform.
  3. Ticketbooth Pty Ltd and ticketbooth.com.au (collectively "Ticketbooth") reserve the right to change these Terms at any time, effective immediately upon posting on the ticketbooth platform. To ensure you are aware of the latest Purchase Policy and Terms and Conditions of Use, please check this page of the ticketbooth platform periodically which is available from every event page on the ticketboth platform. The latest date of issue will be posted at the top of this page.

 

Section 2 - Permitted Use Of The Ticketbooth Platform

  1. You agree that you are only authorised to visit, view and to retain a copy of pages of ticketbooth platform for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this site for any purpose other than to review an event and its promotional information, for personal use, or to purchase tickets for your personal use, unless otherwise specifically authorised by Ticketbooth to do so.
  2. The content and software on this site is the property of Ticketbooth and is protected by Australian and international copyright laws. We post a legal notice and various credits on the ticketbooth platform, which may not be amended or removed. You must not remove this notice or these credits, or any additional information contained along with the notices and credits.

 

Section 3 - Links And Search Results On The Ticketbooth Platform

  1. The ticketbooth platform may include links posted by the EVENT ORGANISER or automatically produce search results that reference or link to third party sites throughout the World Wide Web. To the extent permitted by law, where Ticketbooth has no control over these web sites or the content contained within them, Ticketbooth cannot guarantee, represent or warrant that the content contained in third party websites is accurate, legal and/or inoffensive.
  2. Ticketbooth does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer in a harmful or damaging way. By using the ticketbooth platform to search for or link to another site, you agree and understand that you may not make any claim against Ticketbooth for any damages or losses, whatsoever, resulting from your use of the ticketbooth platform to obtain search results or to link to another site. If you have a problem with a link from the ticketbooth platform, please notify us at [email protected] and we will investigate the problem you describe in your email and take actions that we deem are appropriate in our sole discretion. 

Section 4 - Unauthorised Use Of The Ticketbooth Platform

Illegal and/or unauthorised uses of the ticketboth platform, whether for unauthorised ticket sales, unauthorised framing of or linking to the ticketbooth platform will be investigated and appropriate legal action will be taken.

Section 5 - Violation Of These Terms And Conditions

  1. If you violate these Terms including if you post or provide User Content which violates these Terms or has violated the rights of ticketbooth, any other User or the law, Ticketbooth may terminate your use of the ticketbooth platform, prevent you from making all future bookings using the ticketbooth platform, and/or take legal action against you. Where this occurs, Ticketbooth will provide you with reasonable prior written notice that this will be implemented, together with reasons for that action being taken. If you wish to dispute that decision of Ticketbooth, you have 5 days within Ticketbooth providing its notice to you to do so and Ticketbooth will act reasonably in considering your response.
  2. If you materially violate these Terms (which includes any breach of clause 6), in addition to paragraph 5(a), Ticketbooth may cancel your ticket orders in which case Ticketbooth will provide you with written notice of that cancellation together with reasons for that cancellation and will provide you with a refund of the ticket price paid by you.
  3. You agree that monetary damages may not provide a sufficient remedy to Ticketbooth for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations.
  4. Ticketbooth may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. This is in addition to any other uses permitted under our Privacy Policy.
  5. Ticketbooth is not required to provide any refund to you if you are terminated as a user because you have violated these Terms, except as expressly set out in these Terms.

Section 6 - Ticketbooth Copyright Policy

You may only submit content to the ticketbooth platform ("User Content") where you have the rights to do so. In particular, you:

  1. may not use the ticketbooth platform to unlawfully transmit copyrighted material (including articles, images, stories and software) without a license, express consent, valid defence or fair use exemption to do so; an
  2. must ensure that the content you upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights).

Section 7 - Disclaimers

  1. Ticketbooth does not promise that the ticketbooth platform will be error-free, uninterrupted, nor that it will provide specific results from use of the ticketbooth platform or any content, search or link on it.
  2. The ticketbooth platform and its content are delivered on an "as-is" and "as-available" basis.
  3. Ticketbooth can not ensure that files you download from the ticketbooth platform will be free of viruses or contamination or destructive features although Ticketbooth will take steps consistent with industry practice to protect against this occurring.
  4. Ticketbooth does not by these Terms exclude any rights and remedies in respect of goods or services under the Trade Practices Act 1974 (Cth) or equivalent state or territory legislation which cannot be excluded, restricted or modified. However, Ticketbooth excludes all rights, remedies, conditions and warranties in respect of goods or services from your use of this site and the ticketbooth platform whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible, the following paragraphs of this clause 7 will apply.
  5. Ticketbooth will not be liable for any damages of any kind arising from the use of the ticketbooth platform, including without limitation, direct, indirect, incidental, and punitive and consequential damages.
  6. Ticketbooth makes no guarantee of any specific result from use of the ticketbooth platform or use of the Ticketbooth service.
  7. Ticketbooth disclaims any and all liability for the acts, omissions and conduct of any third party users, Ticketbooth users, advertisers and/or sponsors on the ticketbooth platform, in connection with the Ticketbooth service or otherwise related to your use of the ticketbooth platform and/or the Ticketbooth service. Ticketbooth is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the ticketbooth platform.
  8. Without limiting the other provisions of this clause 7, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the ticketbooth platform to Ticketbooth at [email protected]. Ticketbooth may investigate the claim and take appropriate action, in its sole discretion.

Section 8 - Payment Methods

Ticketbooth processes your credit card depending upon the methods accepted by the EVENT ORGANISER which may include: Visa, MasterCard, American Express.

Section 9 - Limits On Tickets Purchases Per Customer

When purchasing tickets on ticketbooth, you are limited to a maximum of 10 tickets for each event unless the EVENT ORGANISER has authorised such purchases in its terms and conditions. If you try to circumvent the ticketbooth platforms to purchase more than 10 tickets the EVENT ORGANISER may at its discretion cancel additional bookings. This limitation has been designed to prevent unfair buying practices at popular events and make sure everyone gets a fair chance of attending the event. The reselling of tickets is strictly prohibited by non-authorised re-sellers, tickets found to be re-sold maybe voided and canceled at Ticketbooth's discretion.

Section 10 - Pricing And Ticket Availability

  1. ticketbooth sells tickets on behalf of EVENT ORGANISERS which means ticketbooth does not determine the ticket prices, booking fees, postage and handling fees (if posted tickets are an option) or the seating selections.
  2. Ticket inventory is the responsibility of the EVENT ORGANISER. Given inventory set by the EVENT ORGANISER, popular events may sell out quickly. Occasionally, additional tickets may be available in addition to inventory using ticketbooth set by the EVENT ORGANISER, however the EVENT ORGANISER controls this inventory and its availability.

Section 11 - Credit Card Purchases - Proof Of Identity

  1. In most cases where you purchase your tickets using a credit card, in order to collect your tickets, you will be required to present the credit card used to purchase tickets and a picture identification, which must match each other and must match the name under which the booking was made.
  2. You can only buy tickets with your parent's or another person's credit card if:
    1. You have both permission to use the credit card and can bring it to the event or;
    2. You have permission to use the card and the card holder has completed the ticketbooth credit card authorisation form - you will need to bring the form completed by the card holder to the event - click here to view and print AND IF YOU DO NOT COMPLY WITH EITHER OF THE ABOVE, YOU WILL NOT BE LET INTO THE EVENT, even with a valid ticket.
    3. All purchases are charged to your credit card at the time of purchase, not at the time of entry to the event.
  3. All purchases are charged to your credit card at the time of purchase, not at the time of entry to the event.

Section 12 - Licensed Venues - Proof Of Identity

In Australia, Ticketbooth sometimes sells tickets for events at licensed venues, and these venues require a valid driver's license, passport or proof of age to prove you are over 18 years of age. You may need to present this proof at the event venue to obtain admission.

Section 13 - Delivery Of Tickets

Through the ticketbooth platform the EVENT ORGANISER may elect to offer one or more of the following delivery options for your ticket order. The proof of identity requirements set out in clauses 12 and 13 will apply regardless of the delivery of ticket method used.

  1. By "email / e-ticket" option:
    The ticketbooth platform provides an opportunity for you to provide your email address and will attempt to deliver your e-ticket by email to that email address. If you do not receive your e-ticket then please contact Ticketbooth by email [email protected] at least 48 hours before the scheduled event.
  2. By "at the door" option:
    Tickets delivered through "at the door" delivery option are typically available one hour prior to the event start time at the location set by the EVENT ORGANISER.
  3. By "Post" or "Registered Post" option:
    Please ensure you supply the correct billing and credit card account information for ticket orders as incorrect details will delay processing and delivery. Ticketbooth and EVENT ORGANISER do not post to PO Boxes.
  4. Delivery of tickets are the responsibility of the EVENT ORGANISER, unless Ticketbooth has undertaken to provide this service to the EVENT ORGANISER. If you have selected delivery through the mail, please allow at least 10 working days after your order is made to receive your tickets from the EVENT ORGANISER unless the EVENT ORGANISER has provided express delivery options. If you have not received your tickets within 48 hours of the event, please contact the EVENT ORGANISER via the phone number or email address supplied on the EVENT ORGANISER ticketbooth event page or contact Ticketbooth at [email protected].
  5. All purchases are charged to your credit card at the time of purchase, not at the time of entry to the event. 

Section 14 - Cancelled Events

  1. Occasionally, events are cancelled or postponed by the EVENT ORGANISER due to weather conditions or situations affecting the staff or audience. When this occurs, the EVENT ORGANISER will make every effort to ensure you receive a prompt refund and/or exchange if applicable.
  2. If an event is cancelled or postponed, refunds will be determined by the EVENT ORGANISER. To find out about the refund availability and process:
    1. you will be notified by email if you have opted in to receive email updates; or
    2. you can review notices posted on the EVENT ORGANISER's website or contact the EVENT ORGANISER via the email address supplied on the EVENT ORGANISER's ticketbooth listing.
  3. If the event was moved or rescheduled, the EVENT ORGANISER may set refund limitations. Contact the EVENT ORGANISER for exact instructions.
  4. If a refund has been confirmed by Ticketbooth then the following refund method applies:
    1. If you booked online or by phone using a credit card, Ticketbooth will automatically refund to the credit card used for purchase within 14 days of notifying you that a refund for this event applies.
    2. If you booked in an authorised Ticketbooth retail outlet, please return to the same outlet you purchased from and take along with you your ticketbooth receipt to obtain a full refund within 90 days of the event cancellation. You will be asked to sign for your refund. If you are genuinely unable to return to the store for a refund, please contact [email protected] providing details of the event and point of purchase and any other information as reasonably required to allow Ticketbooth to arrange a refund. Note that any refunds conducted through this method will take significantly longer than refunds conducted through the retail outlet.
    3. If you purchased the ticket(s) independently of the ticketbooth platform, you will need to return the tickets directly to the place where you purchased the tickets.

Section 15 - Exchanges And Refunds

Before purchasing tickets, carefully review your event and ticket selection. Policies set forth by EVENT ORGANISER will dictate the issuing of exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets.

Section 16 - Other Items

EVENT ORGANISERS may reserve the right of:

  1. Admission to events, latecomers may not be admitted until a suitable break.
  2. To change/withdraw advertised artists, programs or seating without notice.

EVENT ORGANISERS may also append the ticketbooth terms and conditions and these additional terms are displayed and agreed to by the purchaser during the booking process.

Changes to our Terms and Conditions

May 15th, 2012