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THE YACHT SOCIAL CLUB TERMS & CONDITIONS

The Yacht Social Club Trading Company Pty Ltd

Last Updated: 1 June 2023

1. INTRODUCTION

These terms set out the conditions on which The Yacht Social Club Trading Company Pty Ltd (‘TYSC’) ACN 668 425 330 of 10 Rickard Avenue, Sydney, NSW, 2026 of which The Yacht Social Club is a part and offers its services. This website is operated by Have You Heard Events Pty Ltd (‘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, 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 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, 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 TYSC. TYSC will not take any responsibility for any restrictions, errors, omissions and changes to the event. 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.

If you are unable to attend any event due to Covid-19, including but not limited to contracting Covid-19, a requirement to isolate either at home, failing any tests or checks or failure to have the correct vaccinations and/or within the correct timeframes or documentation or any other proof or measures imposed by any supplier of services, port or border control or any other government body or local authority you will not be eligible for a refund.

1.1 Parties to this Agreement

The following terminology applies to these Terms and Conditions: the terms “we”, “us” and “our” refer to 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

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.

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.

2.2 Eligibility

In order to use our services, you must:

(a) be capable of entering into a legally binding contract;

(b) have a valid address;

(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.

2.3 Breach

Any breach or violation of any of the Terms will result in an immediate termination of the Services. TYSC reserves the right to refuse service to anyone, for any reason, at any time. You must not use any TYSC 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 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. 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 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. 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 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. TYSC will make all reasonable attempts to issue a replacement for you.

4. PRICE

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 TYSC. These may include (but are not limited to) increases in supplier costs, inflation and insurance costs.

5. PAYMENTS

5.1 Credit Card Payments

TYSC accepts all payments by Visa or Mastercard at the time of purchase. All credit card transactions will be processed directly by TYSC Credit Card Merchant and you will be provided with a receipt for each purchase. Your credit card details will not be stored by TYSC. All tickets purchased using a credit card are processed at the time of purchase.

For tickets purchased using a credit card, 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:

(a) Written consent by the owner of the card to use the card, or

(b) 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 TYSC Credit Card Merchant. Your payment will be processed by TYSC Credit Card Merchant once 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. TYSC bear no responsibility for any incorrect information submitted. Should you require assistance at any time, you can contact TYSC via email or phone at 02 8006 2768 prior to finalising your registration.

You must notify TYSC in writing to info@haveyouheardevents.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 TYSC of the mistake within that 24 hour period, TYSC 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.

TYSC may in its absolute and sole discretion, add, withdraw, vary, reschedule or substitute advertised vessels, prices, venues, seating arrangements, ticket categories and vessel capacity. In such circumstances, 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. YOUR BEHAVIOUR/RESPONSIBILITIES

If, in our reasonable opinion or the reasonable opinion of the provider of any part of the services to which your booking relates, your behaviour poses a danger to you or those around you; or causes or is likely to cause damage to people or our property, the property of our suppliers or the property of third parties or breaches any local law; is abusive or threatening in any way; causes or is likely to cause a public nuisance; or you do not follow the instructions or orders of the skipper or any other TYSC representative including the customer service team or any other staff member, TYSC reserves the right to immediately cancel your booking without paying you any refund whatsoever. This means, among other things, that:

· Your skipper could refuse to continue to work;

· you may be required at any time during your booking to leave a vessel you have booked and the contract between us will terminate (and you will be solely responsible for making your own travel arrangements. We will not be held liable to you for any expenses incurred by you after our contract with you has terminated); and/or

· Written, spoken or any other form of communication that is abusive or threatening on any platform

· We reserve the right, in our absolute discretion, to ban you from any future TYSC bookings.

1. The nature of some of the activities you may choose to participate in during our event may involve a degree of personal risk. By purchasing a ticket from TYSC, you accept that your purchase is solely and fully at your own risk and that you are responsible for your own actions. On accepting these Terms, you also accept full responsibility for any damage, loss or expense caused by you or any person named on your booking.

2. TYSC acknowledges that guests may wish to consume alcohol. You must, however, do so responsibly and TYSC accepts no liability to you for any injury, cost, expense, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol or drugs.

3. TYSC operates a zero-tolerance drug policy. If you are found in possession of illegal substances, TYSC reserves the right to cancel your booking without paying you a refund. This means (among other things) that you could be made to leave at any time during your booking the vessel you have booked. TYSC reserves the right to inform the relevant law enforcement authorities as we see fit.

4. TYSC operates a zero-tolerance approach to sexual misconduct in all its forms. If you are found to have committed sexual misconduct during our events, you will have your booking terminated. Sexual misconduct is defined as any unwanted conduct of a sexual nature which occurs in person or by letter, telephone, text, e-mail, via social media or other electronic means. It includes, but is not limited to, the following behaviour:

a. Engaging, or attempting to engage, in a sexual act with another individual without consent

b. Sexually touching another person without their consent

c. Kissing without consent

d. Sexual harassment - unwelcome conduct of a sexual nature which creates (or could create) an intimidating, hostile, degrading, humiliating, or offensive environment for others including making unwanted remarks of a sexual nature

e. Inappropriately showing sexual organs to another person

f. Repeatedly following another person

g. Recording and/or sharing intimate images or recordings of another person without their consent

h. Arranging or participating in events or conduct which may reasonably be assumed to cause degradation and humiliation to those who have experienced sexual violence, e.g., inappropriately themed social events or initiations.

5. You accept that the skipper allocated to your yacht is in charge of the yacht. The skipper will make decisions on behalf of the boat based on safety, the general consensus of the crew and local knowledge/experience of conditions and circumstances. TYSC will not be liable for any loss of enjoyment or similar claims resulting from itinerary changes made by the skipper in the interests of safety and better guest experience.

6. You are solely responsible for your personal possessions and property; it is your sole and full responsibility to look after your personal belongings. Where you lose any item of your personal possessions, whilst we do everything possible to locate lost property we cannot guarantee to do so, nor can we guarantee to be able to arrange for your property to be returned. You should email info@haveyouheardevents.com with any inquiries relating to lost property. In the event that we are able to locate lost property and arrange for its return, all costs incurred as a result of doing so must be paid to us in advance along with an administration fee of $40. TYSC reserves the right to increase the administration charge for the return of lost property for bulky items with special dispatch costs. TYSC accepts no liability and cannot be held responsible for the safety of your personal possessions and any lost property in any circumstance whatsoever as it is your personal responsibility to look after your belongings.

7. Please note that if you are rude and unpleasant to our staff at any point before or after you have made a booking with us then we reserve the right to take action against you including cancelling your booking and withholding such part of any refund as shall properly reflect the impact of your behaviour. This includes behaviour towards our contractors & suppliers.

a. In addition, TYSC representatives shall be entitled to recover the cost of any damage or loss that is attributable to your conduct and/or fault

8. 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 by 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 TYSC 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.

(a) 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.

(b) 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.

(d) 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 minimum $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 info@haveyouheardevents.com. A non-refundable administrative fee of $40 will be taken against all claims against the bond.

9. CANCELLATION

TYSC reserves the right to cancel, reschedule, alter or relocate an Event or activities within an Event.

For all cancellation requests made, 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 TYSC.

In the event that your purchase is cancelled; either as requested by you, or as a result to a breach of this agreement, TYSC may in its absolute discretion apply a termination fee.

10. EXCHANGES, REFUNDS & RESTRICTIONS

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. 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.

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.

TYSC will not offer a refund or exchange as a result of a change in personal circumstances.

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. TYSC may charge a reasonable fee for the replacement of tickets. TYSC may not replace tickets where seating is unallocated (general admission tickets).

TYSC reserves the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, vessels (including ticket categories) and vessel 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.

11. RIGHT OF ADMISSION, ACCESS & IDENTIFICATION

11.1 General Admission

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 TYSC, or is in breach of the agreement terms and conditions, may be removed from current and future events.

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, you may be subject to a $500-$2000 fine from the police or water authorities

11.2 Disabled Access

If you have a disability that will impact your ability to safely participate in any Event organised by TYSC, please make 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.

11.3 Identification