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LEGAL INFORMATION

Contents:

Legal Information
Terms and Conditions of Sale
Privacy Policy
Code of Practice for the Ticketing of Live Entertainment
Secure Site

Legal Information

Please take the time to read the following information.

Your use of this website, including any of the content or materials on it, is governed by these terms and conditions. In addition to these terms, there may also be additional terms that govern your use of or access to specific parts or sections of this website in which case those specific terms will apply to your activities at those locations in addition to these terms. Your use of this site signifies your acknowledgment and acceptance of these terms and conditions

Disclaimer
BOCS Ticketing makes information available on the understanding that people exercise their own skill and care in its use. The information is provided on as ‘as is’ and ‘as available’ basis.

BOCS Ticketing is committed to quality service to its customers and makes every attempt to ensure accuracy, currency and reliability of the data contained on the Site. However, changes in circumstances after time of publication may occur, with performance details on the site subject to change without prior notice. BOCS Ticketing accepts no responsibility for the accuracy of information or material accessed through the Site.

Seating plans published on this website are not to scale, as seating can change at venues for different events, and performances. Seating plans should be used as a guide only.

BOCS Ticketing is not responsible for the content of any linked sites and the inclusion of any link does not imply any endorsement of that linked site.

By logging on, you will be assuming all risks associated with use of the site, including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the BOCS Ticketing site or your access to it.

By accessing information at or through this Site people waive and release BOCS Ticketing and the State of Western Australia and its servants to the full extent permitted by law from any and all claims relating to the usage of the material made available through the website.

In no event shall BOCS Ticketing or the State of Western Australia be liable for any incident or consequential damages resulting from use of the material.

Use and Copyright Notice
Western Australian Government materials, including Internet pages, documents and on-line graphics, audio and video, are protected by copyright law, with the text and images contained in this website protected by the laws of the Commonwealth of Australia and this state including copyright and other intellectual property rights, and no other use is permitted apart from any use permitted under the Copyright Act 1968.
You may use the Site and information contained within it for your personal use and non-commercial reference only. You can print or download any part of the text and images for personal use only.

You agree that you will not employ any device or process to use the site for any unauthorised purposes. You agree that you will not take any action that imposes any unreasonably large burden on the Site.

The information contained within the Site (including programming scripts, graphics and logo) is copyrighted to BOCS Ticketing. No part of this site may be reproduced by any process other than personal use without written permission from BOCS Ticketing.

TERMS and CONDITIONS for Sale of Event Tickets

All tickets purchased are subject to the following conditions. This includes tickets purchased on the Internet, by phone, mail, email or fax and at all outlets and agencies.

CONDITIONS OF SALE
1. This ticket is sold on behalf of the organization responsible for presenting the event and subject to the conditions applicable to the event and/or the Venue where presented.
2. This ticket is sold subject to the conditions displayed at the point of sale and/or at the event.
3. This ticket shall not be refunded or exchanged except as provided in the Entertainment Industry Code of Practice. The service charge is not refundable. If a ticket holder is entitled to a refund it will be made available at the location(s) notified by BOCS Ticketing and upon presentation of a valid ticket.
4. This ticket is valid only when purchased through an authorised agent.
5. The right is reserved to vary advertised programs, to add, withdraw or substitute artists where necessary.
6. The right of admission is reserved. Latecomers may be admitted at the discretion of the management.
7. No person of any age will be admitted without a valid ticket of admission.
8. Tape recorders, video cameras and cameras may not be brought into the venue, and all pagers and mobile telephones must be turned off before entry.
9. Ticket holders attending the event do so at their own risk.
10. BOCS Ticketing collects your individual information in case of an event cancellation or change. BOCS may disclose your contact details to venues and promoters unless you tell us otherwise, so that they can supply you with flyers and material about future events. If you do not want to receive marketing material from promoters, venues or BOCS Ticketing, please contact us by either writing to BOCS Ticketing, PO Box Z5281, Perth, WA 6831 or email to info@bocsticketing.com.au

General Admission Events Policy
Entry is with a valid ticket only. There is no refund or replacement of Lost, Stolen, Destroyed or Not Received via Post tickets. General Admission tickets are automatically mailed by Registered Post.

Companion Card
The Companion Card has been recently developed in Victoria and is currently being introduced into Western Australia.
The Companion Card is a wallet sized card issued to some people with disabilities. The card has a photograph of the cardholder and identifies that person as someone who requires attendant care support from a companion. The Companion Card is presented when booking or purchasing a ticket when the cardholder requires the assistance of a companion in order to attend that particular venue or activity.
Participating (affiliate) organisations and businesses will recognise the Companion Card and issue the cardholder with a second ticket for their companion at no extra charge.

Whilst BOCS Ticketing supports the principles of the Companion Card scheme, the decision remains with the Event Presenter to allow this concession. For further information please visit the Companion Card website.

PRIVACY POLICY

Introduction
At BOCS Ticketing we recognise that your privacy is important and you have a right to know what happens to your personal information. Our privacy policy outlines how BOCS Ticketing will handle personal information. The privacy of all our users is important and BOCS will only collect and use your personal information as set out below.

Collecting information about you
BOCS Ticketing collects personal information, which you provide to us. This information includes your name, home or work address, phone number, e-mail contact and information about the products and services, which interest you. If you contact us we may also keep a record of that contact.

Using and disclosing your personal information
BOCS Ticketing uses your personal information to make contact with you when necessary in connection with the transaction entered into by you. This information is also provided to the venues and selected promoters of concerts and events to which you purchase tickets or other goods and services.
The purpose of BOCS Ticketing collecting this information is to help facilitate transactions such as buying tickets.

BOCS Ticketing also collects your individual information in case of event cancellation or change. BOCS may disclose your contact details to venues and promoters unless you tell us otherwise, so that they can supply you with flyers and material about future events.

If you do not want to receive marketing material from promoters, venues or BOCS Ticketing, please contact us by either writing to:
BOCS Ticketing
PO Box Z5281
Perth WA 6831
or email to info@bocsticketing.com.au. BOCS Ticketing does not post personal information on the BOCS Ticketing website for other users to view.

Contacting You
BOCS Ticketing may contact you at the e-mail or other address, which you have provided to us in order to:

• Contact you about an event for which you have purchased tickets or other goods and services.

• Provide you with updated information about the BOCS Ticketing website

• Provide you with other information about offers and promotional material. We carefully select the information we send and include information on discounts, exclusive offers, or special event information.

Our Business Associates
BOCS Ticketing provides your contact information to venues and selected promoters of concerts and events for which you purchase tickets and other goods and services. In order to operate the website and deliver a service or provide you with further information about particular events and information, BOCS Ticketing may sometimes share this information with selected promoters.

Financial Information
BOCS Ticketing collects personal financial information to confirm the identity of users and bill customers for products and services. Unique identifiers (such as membership or credit card numbers) are collected from you to verify your identity and for use as account numbers in our record system.
When you make a purchase on the Site, your consent is given to provide your financial or contact information to those third parties necessary to process your transactions with us, such as credit card companies and financial institutions.

BOCS Ticketing and links to other websites
BOCS Ticketing provides links to websites outside our network and not under our control and cannot take responsibility to companies or sites linked to our website. Before disclosing your personal information on any other party you should examine the terms and conditions of their websites.

Security Safeguards
BOCS Ticketing undertakes to take reasonable steps necessary to ensure that information is secure from any unauthorised access or disclosure. The site has security measures in place to protect loss, misuse, and alteration of the information under our control.

Changing and deleting information
If at any time you wish to change personal information that is inaccurate or out of date, please contact us by either writing to:
BOCS Ticketing
PO Box Z5281
Perth WA 6831
or email to info@bocsticketing.com.au

Future Changes
BOCS Ticketing business undergoes constant change and development as we introduce new services and features to our website and ticketing outlets. Because of this, from time to time our policies will be reviewed and revised.

CODE OF PRACTICE FOR THE TICKETING OF LIVE ENTERTAINMENT IN AUSTRALIA

Scope
This Code of Practice applies to BOCS Ticketing and Marketing Services.

Application
The Code applies to the promotion, ticket sales and refunds, and staging of events where an entry charge is made, including entertainment and sporting events.

Objectives
The objectives of the Code are:

• to encourage ‘best practice’ within the event industry;
• to maintain fair standards when providing a service to the public;
• to ensure acceptance and consistency in compliance with these fair standards;
• to provide guidelines on fair resolution of complaints; and
• to provide prospective Ticket Holders with an understanding of the service standards to expect, and how to deal with problems.

The Code applies to the purchase of tickets directly from a Venue or its authorised Ticketing Service, known throughout the Code as Ticketing Agent.

Ticketing Outlets, Agents and Venues will display the Code, or advise a prospective Ticket Holder where they can obtain a copy of the Code if requested, e.g. leaflet or sign saying Code is available on request, or via Internet sources – www.bocsticketing.com.au

Definition Of Terms:

• Complaints Procedure
Means the Procedure set out at the end of this Code.

• Person
Includes a natural person or any form of legal entity

• Presenter
A person which presents the event, and includes a promoter or producer or venue.

• Ticketing Agent
A person which provides goods and services relating to ticketing and ticket sales for performances to Presenters and/or Venues. It also includes an authorised person who sells tickets in a package with hospitality, travel or accomodation benefits.

• Ticket Holder
A person who has purchased or validly holds a ticket for an event.

• Ticket
In relation to a Ticket Holder, the right of admission to a given event which may also include the right to be admitted to a designated area or a seat in a designated seating area.

• Venue
The owner, proprietor or manager of a venue, place or location where any event is held.

The Code:

1. Advertising and promotion material shall give details of:

(a) main event; main attraction or performer(s);

NOTE
For example, Clause 1(a) is not intended to guarantee that a particular performer will appear in a theatrical or musical show. Prospective Ticket Holders should be made aware that it is Industry practice to use understudies where the principal performer is unavailable - see Clause 3(a).

(b) support attraction(s) or performer(s), when known;

NOTE
With contemporary concerts ticketed well in advance, support acts may not have been finalised at the time of booking, and more than one support can be used at different times during a series of events. Prospective Ticket Holders should be made aware of the identity of the support attractions, where known, or if it is not known, where Prospective Ticket Holders can obtain the information prior to the event - see Clause 3(a). Prospective Ticket Holders should also be made aware if the Presenter reserves the right to change the support attraction without specifically notifying the Ticket Holder, see Clause 3(a).

(c) the name of the presenter, where possible;

NOTE
Where the performance is being presented by an amateur or non-professional company, this should be indicated in advertising where possible.

(d) Venue(s);

NOTE
Where the normal configuration of the Venue is significantly varied for a particular event, the configuration to be used should be disclosed in promotion material, eg. change from a stage facing the audience to “in the round”.

(e) scheduled date(s);

(f) Ticketing Agent including advance booking facilities;

(g) limitations, restrictions, or special conditions, if any, on ticket sales; and

(h) If any ticket price information is given, it must include any other additional fees that will apply.

NOTE
Care should be taken not to misrepresent the nature, scale or quality of an event by including, omitting or failing to qualify information in video advertising or other marketing material. Such misrepresentation could be in breach of the law.

2. Advance booking arrangements shall seek to maximise fair access to tickets for a prospective Ticket Holder by:

(a) providing adequate booking facilities, and

(b) making as much information available as possible at the time about the number and type of events that will occur;

(c) disclosing as much information as possible about the particular seats or area for a given event, which the prospective Ticket Holder may purchase.

3. Venue box offices shall prominently display or make available information about:

a) event details, when known, including:

• main event/attraction/
• performer(s) (see Clause 1a);
• if applicable, that it is intended that understudies be used where the principal performer is unavailable (see Clause 1a));
• if applicable, support attractions where known or, if not known, where prospective Ticket Holders can obtain the information prior to the event (see Clause 1b));
• if applicable, that the Presenter reserves the right to change the support attraction without specifically notifying the Ticket Holder;
• commencement times; and
• anticipated duration of event if it is likely to differ substantially from expected norms for that type of event.

b) any specific conditions of entry for each event;

c) limitations, restrictions, or special conditions, if any, on ticket sales;

d) ticket prices (see Clause 1h)) and any additional charges; and

e) refund or exchange policy as set out in Clauses 8 and 9.

NOTE
Display of the Code would fulfill the obligation in Clause 3(e), provided a reference is made in signs or on tickets which states the Venue/Presenter’s general refund or exchange policy. Refunds and exchanges will be available in accordance with the Department of Consumer and Employment Protection and the additional rights under the Code of Practice for Event Ticketing.

4. Ticketing Agent, other than Venue box offices, shall have available information about:

(a) event details as in 3(a), unless such information has been provided in all advertising and promotion material;

(b) items as outlined in 3 (b), (c) and (d);

(c) refund or exchange conditions set out in Clauses 8 and 9; and

(d) service charges additional to the price of a ticket.

5.Ticketing Agents selling Tickets as part of a package including accomodation, travel and/or hospitality should have available information about:

(a) performance details as in Clause 3(a), unless such information has been provided in all advertising and promotion material;

(b) the matters set out in Clauses 3(b) and (c);

(c) refund or exchange conditions set out in Clauses 8 and 9; and

(d) the area of the venue that the Ticket will be in or the type of Ticket and the price category in which it falls (e.g. A Reserve, B Reserve).

6. Telephone booking centres and on-line services, prior to a prospective Ticket Holder purchasing the ticket, shall give information about:

a) the price of the ticket, and all charges additional to the price of a ticket; and

b) the general location of allocated seating or the specific location, if technically possible.

7. Money paid in advance of the date of the event:

Money received for advance ticket sales must be deposited in a secure and segregated bank account or trust fund in the names of the Presenter and/or Venue operator and/or Ticketing Agent, for and on behalf of the Presenter until the event has been staged and presented. This is to ensure that the funds from ticket sales will be available either for payment to the Presenter or the Venue (as the case may be), after the completion of each event for which the tickets have been purchased by Ticket Holders, or to enable ticket refunds to be made should this be required (see Clauses 8 and 9, and Complaints Procedures). This practice may not necessarily apply to subsidised companies which are in receipt of government funding from one or more government sources.

8. Cancelled or re-scheduled performances:

The Presenter, Venue and Ticketing Agent should use their best endeavours to advise customers when a performance is re-scheduled or cancelled. The Presenter should ensure that a Ticket Holder shall be entitled to entry in a similar location at a re-scheduled event. If an event is cancelled or abandoned by the Presenter, and if the Ticket Holder is unable to attend the re-scheduled event, or if the event is not re-scheduled, the Presenter must ensure that the Ticket Holder receives refund of the ticket price. Ticket holders should apply for a refund in a timely manner and, where possible, before the date of any re-scheduled performance.

9. Refund and Exchange conditions:

If a Ticket Holder reports a problem for which they feel they have grounds for complaint, other than those specified in this Code, and has reported the problem to the Venue before the completion of the event, the Presenter must take all reasonable steps to determine whether the Ticket Holder is entitled to an exchange option or refund. Where a substitute seat is found that is satisfactory to the Ticket Holder, no refund will be available, and if an exchange option to another performance of the same event, or a refund is to be made, the Ticket Holder has no right to attend the remaining portion of the event for which the exchange or refund has been made.

At all times, original ticket and proof of purchase may be required, and any refund may not necessarily be available at the Venue at the time the complaint is made.

NOTE
This Clause does not restrict individual Venues or Presenters from having a more liberal refund/exchange policy, nor does it restrict an individual’s rights under the Trade Practices Act 1974 (Cth).

10. A Presenter will not be required to provide an exchange option or refund where the Ticket Holder is unable or chooses not to attend the event, or where the Ticket Holder has been refused entry or evicted from the premises in any of the circumstances outlined in Clause 12 or 13.

11. Where a Ticket Holder applies for a refund only on the grounds that an event does not meet his or her expectations, the Presenter will not be required to make a refund. The Presenter acknowledges that a Ticket Holder has access to remedies under any relevant Trade Practices or Fair Trading Laws, in the event of any false, misleading or deceptive representation.

12. Right to refuse entry:

The circumstances in which Presenters and Venues may refuse entry to a Ticket Holder from the Venue include, but are not limited to, any of the following circumstances:

(a) where a Ticket Holder cannot produce a valid ticket;

(b) where a concession Ticket Holder cannot produce proof of their concession entitlement;

(c) where a Ticket Holder produces a ticket that has been purchased or obtained through an unauthorised source, or where the ticket has been obtained by other illegal means;

NOTE
A Ticket Holder should ensure the validity of their ticket by purchasing tickets only from authorised Ticketing Agent. If tickets are reported lost or stolen, they can usually be replaced by the Ticketing Agent for reserved seats, on the condition that the replacement tickets may become invalid if the person claiming to have lost their ticket is undertaking deception or fraud. However, not all tickets can be traced and a Ticket Holder must safeguard tickets purchased in advanced.

(d) where a Ticket Holder has in his or her possession or refuses to surrender any prohibited object or article that is not permitted to be brought into or used in that Venue;

NOTE
For example, the use of photographic or recording equipment, and other items such as food and alcohol, may be prohibited. The prohibited object or article may be placed into the safekeeping of the Venue until the conclusion of the performance;

(e) where a Ticket Holder refuses to undergo a physical search or a search of their possessions and where the conditions of entry state that a search may be required;

NOTE
The following statement should be used to ensure that a Ticket Holder is aware that a search may be required:

“It may be a condition of entry to individual events that a search of person and possessions will be required at the time of entry to the Venue. If concerned, please consult the Venue.”

• displayed at the point of sale; and/or
• on the tickets; and/or
• on paperwork sent out with tickets; and/or
• on the recorded telephone message when prospective Ticket Holders make telephone purchase of tickets.

e) where a Ticket Holder is behaving in a manner which may cause property damage or that threatens the safety of performers, other Ticket Holders, or any other persons;

13. Right to evict a Ticket Holder:

The circumstances in which Presenters and Venues may evict a Ticket Holder from the Venue include, but are not limited to, any of the following circumstances:

(a) where a concession Ticket Holder cannot produce proof of their concession entitlement;

(b) where a Ticket Holder has in his or her possession or refuses to surrender any prohibited object or article that is not permitted to be brought into or used in that Venue;

NOTE: For example, the use of photographic or recording equipment, including mobile phones, and other items such as food and alcohol, may be prohibited.

(c) where a Ticket Holder is behaving in a manner which may cause property damage or that threatens the safety of performers, other Ticket Holders, or any other persons;

(d) where a Ticket Holder is behaving in a manner that reasonably interferes with other Ticket Holders’ enjoyment of the event; and

NOTE: For example, a patron may be ejected if his/her mobile phone or paging device is interfering with other Ticket Holders’ enjoyment of the event. Patrons should be warned that they can be removed on these grounds, either via notices in the foyer or the pre-show announcements.

(e) where a Ticket Holder refuses to remain in the area or seat designated on their ticket.

14. Presenters and Venues reserve the right to refuse admission to a Ticket Holder who arrives late to a Venue or a part of the Venue, and may not be located in the designated seat or area, until there is a suitable break, if any, or at interval.

15. Presenters and Venues should ensure that patrons with a disability
are provided with access to performances in accordance with Federal and State Legislation.

16. Ticketing Agents, Venues and presenters should, where possible, include the following on the back of Tickets:
"For information regarding ticket complaints, ask for a copy of the Code of Practice for the Ticketing of Live Entertainment in Australia."

Complaints Procedures

A Ticket Holder who considers that the Code has not been observed, or who has a complaint that the Code has not been observed, may do any one of the following:

1. Prior to the event: If the complaint occurs prior to the event, the Ticket Holder should report the complaint to the Ticketing Agent.

2. At the time of the event: If the complaint occurs at the time of the event, the Ticket Holder should lodge a complaint with the Venue, which should then ensure that the complaint is reported to the appropriate party so that the complaint is addressed.

3. Subsequent to the event: If the complaint occurs subsequent to the event, the Ticket Holder should contact the Venue who should assist and advise the Ticket Holder to whom they should report the complaint to have it addressed.

BOCS Ticketing and Marketing Services have internal complaints mechanisms to assist in the resolution of complaints from the public.

In the event that the Ticket Holder’s complaint is unable to be resolved, the Presenter should refer the Ticket Holder to the Office of Fair Trading or any Small Claims Tribunal.

Future Changes
BOCS Ticketing and Marketing Services undergoes regular change and development as we introduce new services and features to our website and ticketing outlets. Because of this, from time to time our policies, including the Code of Practice for Event Ticketing will be reviewed and revised as required.

SECURE SITE
The BOCS Ticketing secure server ensures that your personal details stay personal.

How do you know if a web site is secure?
When asked to enter personal details such as your credit card number a secure web site will show a closed padlock icon at the bottom of your browser window.

Every credit card purchase you make on the BOCS Ticketing website is done through secure server technology. This provides many security features, including:-
Authentication: this assures your browser that your data is being sent to the correct computer server, and that the server is secure.
Encryption: this encodes the data, so that it cannot be read by anyone other than the secure server.
Data Integrity: this checks the data being transferred to ensure it has not been altered.
Our online ticketing facility accepts:
• Visa
• MasterCard
• American Express

Our secure server software encrypts information, ensuring that Internet transactions stay private and protected. Our website uses a security protocol called 'SSL3'.

Security Statement
Our secure server software (SSL) encrypts all your personal information including credit and debit card number and your name and address. The encryption process takes the characters you enter and converts them into bits of code that are then securely transmitted over the Internet.

Our secure server software has been optimised for Internet Explorer and all versions of Netscape 4 and above. If you are using any other browser, check that the browser you are using can encrypt the data before entering personal details into a form.

A more technical explanation is provided on the www.thawte.com Homepage.