THE YACHT SOCIAL CLUB TERMS & CONDITIONS
Have You Heard Events
Terms of Service & Conditions
Last Updated: 19 June 2020
These terms set out the conditions on which Have You Heard Events (‘HYHE’) ACN 609 615 590 of 10/68 Bondi Road, Sydney, NSW, 2026 of which The Yacht Social Club (‘TYSC’) is a part and offers its services. This website is operated by HYHE.
Our Services involves hosting unique social events located on the ocean as well as the creation and selling of tickets to said events. Where applicable, HYHE and TYSC may act as an intermediary or agent for suppliers in selling events, tickets or services or in registration services which are not directly organised or supplied by HYHE and/or by TYSC.
IMPORTANT: Our events may be affected by COVID-19 social gathering restrictions, including number of attendees and proximity rules. Please ensure that you refer to the Terms and Conditions below in conjunction with the New South Wales Government website www.nsw.gov.au for more information.
As of the latest update date stated above, HYHE/TYSC has provided the most recent information available and you accept that the circumstances pertaining to the running of the event can change beyond the control of HYHE/TYSC. HYHE/TYSC will not take any responsibility for any restrictions, errors, omissions and changes to the event. HYHE/TYSC reserves the right to make changes as it deems necessary without penalty and in such situations no refunds, part refunds or alternative offers shall be made unless otherwise stipulated within the Terms and Conditions for the event.
1.1 Parties to this Agreement
The following terminology applies to these Terms and Conditions: the terms “we”, “us” and “our” refer to HYHE and/or TYSC and the terms “You”, “Your”, “Customer” and “Purchaser” refers to you, the person accessing this website and accepting our terms.
1.2 Agreement to Terms
By accessing this website and/or using our Services, you agree that you accept the terms and conditions laid out below in full. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
By visiting this website and using our services, you acknowledge that you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies as required from time to time. These Terms of Service apply to all users of the site, including without limitation. You can review the most current version of the Terms of Service at any time on this page.
1.3 Changes to this Agreement
HYHE and the TYSC reserves the right to update, change or replace any part of these terms by posting updates to our website. It is your responsibility to refer to this page to identify any changes. Any changes made to the website will also be subject to the Terms of Service. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2. GENERAL SERVICE CONDITIONS
2.1 Our Service
Our Services provides you with the ability to buy tickets offered to our hosted events by us or Third Party suppliers or registration services. By placing an order with us or giving us instructions for the supply of goods, it shall constitute acceptance of our terms and conditions contained herein, along with any other agreements or documentation provided to you.
HYHE and TYSC primarily communicate with you via your registered email address or phone number provided. You agree that email and phone communications are contractually binding in the same way as signed and dated documentation via post.
In order to use our services, you must:
(a) be capable of entering into a legally binding contract;
(b) have a valid address;
(c) have a valid email address and phone number;
(d) have access to a payment method e.g. credit/debit card;
(e) confirm that you have read and understood our terms and conditions;
(f) if entering this agreement on behalf of another entity, you confirm that you have authority to do so; and
(g) be 18 years and older.
Any breach or violation of any of the Terms will result in an immediate termination of the Services. HYHE and TYSC reserves the right to refuse service to anyone, for any reason, at any time. You must not use any HYHE Services or products for any illegal or unauthorised purpose, including any use which violates laws of your jurisdiction. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the HYHE website. You agree not to provide or use false identifying information such as a name, email address or any other relevant contact information.
3. GOODS & SERVICES
3.1 Purchase of Goods & Services
When you make a purchase with HYHE and/or TYSC through this website, you agree to enter into a contract with us and be bound by these terms and conditions. All goods and services provided are subject to availability and non-transferrable. Any modifications or changes to your registration are agreed to by you as a contract term.
You accept full responsibility for tracking any changes to event details such as time and cancellation. HYHE and TYSC reserves the right to change or cancel a good or service in the event of any technical error or unforeseen circumstance.
You agree that any and all rights to the goods and services provided by HYHE and TYSC shall not pass to you until purchase is completed. A purchase is completed only when full payment is received in the form of cleared funds. HYHE and TYSC will send a confirmation email within 24 hours of receiving cleared funds.
3.2 Issuing of Goods & Services
Not all events will require physical tickets to be issued. Where no physical tickets are required, you must print your confirmation email and bring it with you to gain access to the event. It is a condition of admission to an event that you present a valid ticket.
Where physical tickets are required, you will be notified at the time of booking and arrangements will be made for the delivery of tickets. Please be aware that HYHE and TYSC do not accept PO Boxes as mailing addresses for the delivery of tickets.
In the event of a lost ticket, tickets can be re-issued to the same email address, provided you deliver proof of identity and give reasonable notice before the date the Event commences. HYHE and TYSC will make all reasonable attempts to issue a replacement for you.
Our prices will be provided on our website and may change subject to price adjustments. All prices we provide are in Australian dollars. All quoted prices include GST.
Quoted prices are subject to change. Price changes may occur by reasons outside of the control of HYHE. These may include (but are not limited to) increases in supplier costs, inflation and insurance costs.
5.1 Credit Card Payments
HYHE and TYSC accepts all payments by Visa or Mastercard at the time of purchase. All credit card transactions will be processed directly by HYHE’s and TYSC Credit Card Merchant and you will be provided with a receipt for each purchase. Your credit card details will not be stored by HYHE and TYSC. All tickets purchased using a credit card are processed at the time of purchase.
For tickets purchased using a credit card, HYHE and TYSC may, in its absolute discretion, request that you present, amongst other things, the credit card used to purchase the tickets and identification (including picture identification) matching each other and matching the name under which the booking was made.
Any tickets purchased using another person's credit card are allowed provided that you have:
Written consent by the owner of the card to use the card, or
permission to use the card and the card holder has completed the Ticketbooth credit card authorisation form (found on the Ticketbooth webpage (www.ticketbooth.com.au) and you have the fully completed form with you at the event.
5.2 International Credit Card Payments
Due to the increase in credit card fraud, international credit card payments will not be processed automatically via HYHE’s and TYSC Credit Card Merchant. Your payment will be processed by HYHE’s and TYSC Credit Card Merchant once HYHE and/or TYSC has reviewed your registration. You may be required to provide a copy of your current passport and the front and back of your credit card prior to your payment being processed. We apologise for any inconvenience caused.
6. CHANGES AND VARIATIONS
You are solely responsible for providing correct and valid information and selecting the correct Event at the time of purchase. HYHE and TYSC bear no responsibility for any incorrect information submitted. Should you require assistance at any time, you can contact HYHE and TYSC via email or phone at 02 8006 2768 prior to finalising your registration.
You must notify HYHE and TYSC in writing to email@example.com if there are any errors or changes required with your booking, or if you have not received a confirmation email within 24 hours of payment. If you fail to notify HYHE of the mistake within that 24 hours period, HYHE may, in its absolute discretion, charge you a fee to rectify the mistake. Any modification made to your order may result in a change in the purchase price.
HYHE and/or TYSC may in its absolute and sole discretion, add, withdraw, vary, reschedule or substitute advertised programs, prices, venues, seating arrangements, ticket categories and audience capacity. In such circumstances, HYHE and TYSC is not liable for your direct or indirect loss, or to refund any fares or portions of fares, nor will we be liable for any other damage, loss, expense, loss of time, disappointment, inconvenience, or any other consequential loss suffered by you.
7. BOND / DEPOSIT
If the event is for ‘The Yacht Social Club’, then the following shall apply:
Each Charter Event Organiser must pay a bond for the TYSC. The bond will be payable via bank transfer the details of which will be provided to you twelve (12) days before the event. It will fall due bv the Wednesday before the event commences. Following inspection and/or confirmation by HYHE and/or TYSC this bond will be returned to you. The bond payable by each Charter Event Organiser, for a Yacht Social Club Event, is $1500 per vessel.
You and the Charter Event Organiser acknowledge and agree and hereby authorise and consent for HYHE to withhold any part of, or all bond, and use the bond to rectify any damage caused by You, the Charter Event Organiser, your attendees or guests, including but not limited to the following occurrences.
Loss of or any damage to the vessel or its equipment or fittings and personal items of Event Staff, caused by members of the Charter’s Group;
An amount of uncleanliness in excess of what is reasonable, caused by members of the Charterer’s group, given the nature of the Charter, which, in the sole discretion of the Operator, therefore requires an excessive amount of cleaning to make good;
Unruly behaviour, by members of the Charterer’s group, to the extent that the Master, in his sole discretion, in the interests of the safety of the vessel and other passengers and its crew, decides that the Charter must be terminated early;
Failure to wear non-marking footwear, which may result in cleaning charges.
In circumstances that have been labelled above in subsection (b), an amount of uncleanliness in excess of what is reasonable, which will be determined at the sole discretion of the Operator, will result in a $300 cleaning fee payable by you, the Charter Event Organiser.
If you wish to make a claim against the Operator, in relation to your Bond not being returned to you. You may make a claim to firstname.lastname@example.org. A non-refundable administrative fee of $40 will be taken against all claims against the bond.
HYHE and TYSC reserves the right to cancel, reschedule, alter or relocate an Event or activities within an Event.
Cancellation requests by you must be made in writing to email@example.com no later than 14 days before the date the Event commences. If cancellation requests are made within this time window, HYHE and TYSC may allocate you tickets to a subsequent event where available. For cancellation requests made outside of this time window, the entirety of the payment is non-refundable, except as otherwise provided in these terms and conditions.
The unlawful resale or attempt to resell your booking and/or ticket is grounds for seizure and cancellation without refund or compensation. Bookings and/or tickets at events shall not be used for advertising, promotions, contests or sweepstakes, without written authorisation by HYHE and TYSC.
In the event that your purchase is cancelled; either as requested by you, or as a result to a breach of this agreement, HYHE and/or TYSC may in its absolute discretion apply a termination fee.
9. EXCHANGES, REFUNDS & RESTRICTIONS
HYHE and TYSC will, in accordance with Australian Consumer Law and its sole and absolute discretion, offer an exchange of ticket in the event of a cancellation, rescheduling or relocation of an Event before it begins. HYHE and TYSC may offer an exchange in the form of a booking or ticket to the rescheduled Event up to the face value of the original purchase price.
HYHE and TYSC 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.
If an event is cancelled after it has commenced, you do not have the right to exchange or receive a refund of any form.
HYHE and TYSC will not offer a refund or exchange as a result of a change in personal circumstances.
HYHE and/or TYSC 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. HYHE and TYSC may charge a reasonable fee for the replacement of tickets. HYHE and/or TYSC may not replace tickets where seating is unallocated (general admission tickets).
HYHE and TYSC reserves the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity.
Refunds will be offered and processed in the event of a mechanical failure of the vessel and you are unable to attend on a different vessel or on a different event date.
In the event that one of our events is affected by government or state restrictions with respect to a requirement to limit attendees, limit proximity or otherwise restrict attendance for an event, we will offer a resolution by way of a credit, refund or exchange depending on availability.
Refunds will be processed on to the credit card or bank account of the individual, organisation or institution from which the payment was received. If payment was made by cheque, you will be contacted to confirm your current mailing address, and a cheque will be mailed to you.
In the event that wind conditions (gale force winds and above) are unsuitable to form a raft up for the event, the event will be changed to a cruise of the Sydney Harbour with no exchange or refunds available.
10. RIGHT OF ADMISSION, ACCESS & IDENTIFICATION
10.1 General Admission
HYHE and TYSC reserves the right to refuse entry to, or to remove from an event, any person or persons at its sole and absolute discretion. Any person who causes a disturbance, refuses to comply with reasonable requests from HYHE and/or TYSC, or is in breach of the agreement terms and conditions, may be removed from current and future events.
HYHE and TYSC reserves the right to refuse entry to, or to remove from an event, any person or persons, who are drunk or disorderly or whose conduct has been or is unlawful or offensive.
No illicit substances or drugs may be brought to the Event or in or around the Venue. Any person found in possession of suspected illicit substances or drugs within or around the vicinity of the Event or Venue will be removed or refused entry and referred to the police.
If you refuse to leave the Event and police or water authorities are called to remove you from the Event, HYHE and TYSC will charge you $X and this amount will be taken from your bond.
10.2 Disabled Access
If you have a disability that will impact your ability to safely participate in any Event organised by HYHE and/or TYSC, please make HYHE and TYSC aware and we will facilitate you where possible.
It is your responsibility to disclose to us any physical or mental condition that may hinder access to, or participation in our Events. Anyone who cannot participate in actions reasonably associated with the Event unaided must be accompanied by a carer for the duration of the Event.
If the Event held is strictly an 18 years and older Event, confirm that you are aged over 18 years at the time of registration. You will be required to present one acceptable proof of age ID to enter the Event and Venue. HYHE and TYSC accepts the following forms of proof of age ID: legally accredited driver’s licenses, learners permit, passports, proof of age cards. Proof of age identification is required to buy & consume alcohol, and may be requested at any time;
HYHE and/or TYSC are not responsible for your form of identification. It is your responsibility to ensure that you bring valid identification where required.
HYHE and TYSC reserves the right to determine if you have caused any excessive mess during the Event. A cleaning fee of $200 will be applied at the sole discretion of HYHE and TYSC in relation to the damage/mess caused by you.
11. PHOTOGRAPHY AND VIDEO WAIVER AND RELEASE
You agree that any photos, videos, recordings or other multimedia captured at the event can be used and/or reproduced by HYHE and/or TYSC for the purposes of advertising, media, publicity, publication, web display, general display, or for any other purpose in whole or in part.
You hereby waive any interest that you may have in the copyright or intellectual property of the photos, videos, recordings or other multimedia now or at any future time and state that you do not expect to receive any payment or consideration in respect to them. You release HYHE and/or TYSC, its employees and agents from any liability (including consequential loss) connected with the publication, reproduction, release or other use of these materials.
HYHE and TYSC is an environmentally friendly entity. HYHE and TYSC asks that at all Events, you are respectful and place any litter in the recycle or other bins provided at the Event venue.
12. COMPLAINTS AND DISPUTES
If you wish to make a complaint or raise a dispute with us, you can do so by sending an email with your complaint to firstname.lastname@example.org. In the process of investigating a complaint, we may ask you to provide further information or evidence of your claim.
In the event of any dispute under these Terms and Conditions the parties agree to attempt an effort to negotiate in good faith to resolve the dispute themselves prior to legal action. Where we cannot resolve a dispute within 21 days, we will notify you with the reason for the delay.
Where any dispute arising out of or in connection with these Terms of Service which cannot be resolved by the parties, the complaint shall be submitted to mediation in accordance with the Institute of Arbitrators & Mediators Australia, Mediation and Conciliation Rules.
You agree to reserve any legal action in relation to a dispute until the mediation process is completed.
HYHE and TYSC warrants that if any defect in any workmanship of HYHE and/or TYSC becomes apparent and is reported to HYHE and TYSC within three months (90 days) of the date of delivery, then HYHE and/or TYSC at its sole discretion will replace or remedy the workmanship.
The following conditions are applicable to the warranty given by HYHE and/or and shall not cover any defect or damage:
caused or partly caused by a failure by you to properly maintain the goods;
caused by failure by you to follow instructions provided by us;
caused by use of any goods other than specified on the quote or work order;
caused by any alteration made to the goods by another party;
caused by fair wear and tear including any accidents; and
caused by an act of God.
14. THIRD PARTIES
HYHE and TYSC may use Third Parties for certain processes in the provision of our services. HYHE and TYSC are not responsible for examining or evaluating the content or accuracy of any Third Party materials.
HYHE and TYSC do not warrant and will not have any liability or responsibility for any Third Party materials or websites, or for any other materials, products, or services of third-parties.
HYHE and TYSC are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
Any complaints or questions regarding Third Party products should be directed to the Third Party.
15. INTELLECTUAL PROPERTY
Our website and content are the exclusive property of HYHE and TYSC. Any and all information we provide to you is subject to change without notice.
17. ERRORS, INACCURACIES AND OMISSIONS
In the event of any errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability, HYHE and/or TYSC reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
HYHE and TYSC undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
18. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances or local laws;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
HYHE and TYSC reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Further, nothing in this agreement or on our websites, or any website owned, operated, licensed or controlled by HYHE and TYSC shall confer on any third party any benefit or obligation.
19.1 General Liability
You agree that HYHE and/or TYSC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Where the jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
19.2 Force Majeure and Additional Items
Except as required by law, HYHE and/or TYSC is not liable for any failure or delay to perform obligations under this Agreement, which have become practicably impossible because of circumstances beyond the reasonable control of the applicable party. Such circumstances include without limitation natural disasters or acts of God; acts of terrorism; labour disputes or stoppages; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. Written notice of a party’s failure or delay in performance due to force majeure must be given to the other party no later than five (5) business days following the force majeure event commencing, which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. All event dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying HYHE and/or TYSC in writing that you no longer wish to use our Services, or when you cease using our site.
In the event of any breach of this Agreement, HYHE and/or TYSC may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and may deny you access to our Services.
22.1 Governing Law and Jurisdiction
This agreement is governed by the law in force in New South Wales, Australia. Both parties irrevocably submit to the non-exclusive jurisdiction of Courts exercising jurisdiction in New South Wales, Australia.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
You are responsible to HYHE and/or TYSC for any loss, costs, expenses and damage incurred in connection with any claim or demand made by any third party arising out of your breach of this Agreement, or your breach of any law or of the rights of a third party relating to your use of our services and through any act of negligence on your behalf.
You agree to indemnify, defend and hold harmless HYHE and/or TYSC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Please direct all electronic communication to email@example.com. All physical correspondence is to be directed to 66B Brush Road, West Ryde 2114.
22.4 Independent Legal Advice
You agree that you have read and understood the terms of this Agreement and acknowledge that you have had the opportunity to obtain independent legal advice with respect to the overall terms and conditions contained on this website.
23 ENTIRE AGREEMENT
No waiver by us, in exercising any right, power or provision in these Terms and Conditions shall constitutes a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
These Terms of Service and any policies or operating rules posted by HYHE and/or TYSC on this site or in respect to the Service constitutes the entire agreement and understanding between you and HYHE and/or TYSC and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and HYHE and/or TYSC (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
If you have any further questions about the above terms, please forward your enquiry to firstname.lastname@example.org.