Terms and Conditions of Sale

Terms and Conditions of Sale

When purchasing a ticket online to an event promoted or presented by RISING, you agree to the following Terms and Conditions: Tickets are sold or issued subject to the Live Performance Australia Ticketing Code of Practice (Consumer Code) (the LPA Code). A copy of the LPA Code can be obtained by visiting www.liveperformance.com.au (click here for a direct link to LPA Codes).

1. Conditions of Purchase

1.1

Ticket refunds are only permitted in line with the Live Performance Australia Code of Practice for the ticketing of Live Entertainment in Australia (liveperformance.com.au) or as otherwise specified by the seller. Ticket exchanges may be permitted under specific conditions, in which case fees may apply.

1.2

RISING reserves the right to retain any fees charged to the extent permitted by law.

1.3

Tickets are valid only when purchased from RISING, the Event venue or an authorised agent of RISING. RISING reserves the right to immediately cancel any ticket promoted, advertised, or sold in breach of this condition without compensation.

1.4

Where a Ticket is purchased through an Event venue or an authorised agent of RISING, you agree to be bound by these Terms of Sale and any additional terms and conditions imposed by the Event venue or authorised agent.

1.5

You must not re-sell or offer to re-sell any Ticket at a premium or use any Ticket for advertising, promotional or other commercial purposes (including without limitation as a prize in a competition) without the prior written consent of RISING. RISING may deny entry to the bearer of a Ticket acquired in breach of this condition without compensation.

1.6

RISING makes no representations or warranties as to the availability of any Event sessions offered and reserves the right to change advertised programs and their respective content, dates and times, prices, venues, seating arrangements and audience capacities.

1.7

In cases when seating is not allocated (general admission), RISING reserves the right to refuse ticket replacement.

1.8

Where concessions are applicable, suitable, and valid identification must be provided for collection of tickets and entry to the venue. Failure or refusal to provide valid proof of concession may result in non-admittance.

1.9

When purchasing tickets online you acknowledge that all prices listed on the RISING website are in Australian Dollars and include GST. Ticket purchases may include a booking fee as listed on the RISING website. Please note all credit cards will be charged in Australian Dollars.

1.10

For events delivered online via streaming platforms you are responsible for determining if your device’s operating requirements and internet connection can successfully run the stream prior to purchase.

1.11

For events that carry an increased risk to personal safety, patrons may be asked to sign a waiver. Failure to sign will result in non-admittance and no refunds will be provided.

1.12

These Terms of Sale are governed by the laws of Victoria, Australia. In the event of any dispute, you submit irrevocably to the exclusive jurisdiction of the courts having jurisdiction in Victoria.

2. Merchandise and other products

2.1

Merchandise and other products (including food and beverage products) will not be refunded or exchanged except as required by law (including the Australian Consumer Law)

3. Additional information if your order contains a Donation

3.1

All donations of $2 or more are fully tax-deductible. Acknowledgement of your gift and a tax receipt will be sent to you by mail or email. Please allow up to 10 working days for processing of your receipt.

3.2

4. Conditions of RISING Website Use

4.1

You must maintain the confidentiality of your account details for any RISING website and take all reasonable steps to prevent unauthorised access.

4.2

You warrant that any purchase made using your account for RISING is made in your own right or with full authority. You will indemnify RISING and its officers, directors, employees, consultants, licensors, suppliers, and agents from all or any claims made by any persons claiming such transactions to be unauthorised.

5. Digital Tickets

5.1

Tickets may be issued to you in digital format, including but not limited to print at home format.

5.2

Each valid digital ticket has a unique identifier. This unique identifier allows one entry only. It is the responsibility of the purchaser to ensure that all members of their party have their own digital ticket.

5.3

If there are duplicate digital tickets presented, only the first copy to be scanned on arrival at the event will allow the ticketholder entry. Presenting an additional copy will result in our system rejecting the ticket and subject to verification, entry may be denied.

6. Conditions of attendance:

6.1

RISING and the relevant Event venue reserve the right of admission.

6.2

RISING or the relevant Event venue may refuse entry or require you to leave the Event if your Ticket has been cancelled, is not valid or has been defaced or damaged.

6.3

RISING and the relevant Event venue may impose additional specific conditions in relation to entry or attendance to a particular Event.

6.4

Late comers will only be admitted to an event at the discretion of the venue and may be refused entry completely.

6.5

RISING or the relevant Event venue may refuse entry or require you to leave the Event if you engage in offensive or inappropriate behaviour at an Event, including but not limited to by wearing or otherwise displaying any commercial, political, religious or offensive signage or logos.

6.6

RISING or the relevant Event venue may refuse entry or require you to leave the Event if you breach these Terms of Sale or any terms and conditions of the Event venue.

6.7

If requested, you must turn off any mobile telephones, pagers, and similar equipment in your possession before entry into an Event.

6.8

You must not bring a camera or other recording device (other than a mobile telephone) into an Event, and you are strictly prohibited from broadcasting, narrowcasting, or recording any Events (including without limitation on a mobile telephone) without the prior written consent of RISING.

6.9

You agree that you may be filmed, taped, interviewed, photographed, or recorded while attending an Event, and you consent to RISING or third parties engaged by RISING filming, taping, interviewing, photographing, or recording you. You further agree that RISING may use, publish, edit, incorporate, or otherwise exploit any materials produced under this clause for any purpose (and authorise others to do the same) without further reference to you.

6.10

Without prejudice to any other rights which RISING or the Event venue may have, if you contravene any of these Terms of Sale you may: i) be refused entry to, or removed from, the venue; ii) have your Ticket confiscated and/or cancelled without refund or recompense; and iii) be disqualified from purchasing tickets for or entering other Events.

6.11

Where circumstances require, RISING may search a person and/or their possessions prior to entry. Refusal to comply may result in non-admittance.

6.12

Patrons carrying large backpacks and other oversized bags (larger than A3 size) may not be admitted. Cloaking facilities will not be provided.

6.13

If you are refused entry to an Event for any reason then in accordance with these Terms of Sale, no refund will be paid.

6.14

Ticketholders may be required to produce their ticket(s) as proof of authorised entry at any time.

7. Liability

7.1

You are responsible for your own safety and property when attending an Event, and to the extent permitted by law, you release RISING and its officers, directors, employees, consultants, licensors, suppliers, and agents from any liability for any claim, damage, injury or loss you may suffer in relation to your attendance at an Event, howsoever caused, including without limitation due to any negligence or other act or omission of RISING. Events presented by RISING include, but are not limited to, artistic presentations and displays, music and performances, food and beverage service and other entertainment.

7.2

You will indemnify RISING and its officers, directors, employees, consultants, licensors, suppliers and agents against any claim, loss, injury or damage suffered by any of them as a result of your wilful, reckless or negligent act or omission at or in connection with an Event, product or service presented or provided by RISING, or as a result of a breach by you of these Terms of Sale.

7.3

Except as set out in the LPA Code or under any relevant statutory provision that cannot be excluded, RISING is not liable (including in negligence) for any claim, damage, compensation, loss, or expense that may be suffered or incurred as a result of an Event being cancelled, postponed or changed.

7.4

Personal arrangements including travel, subsistence and accommodation relating to an Event which has been arranged by you are at your own risk.

7.5

You agree that your use of any RISING website to purchase a Ticket is, so far as permissible under any relevant statute, at your own risk. To the extent permitted by law, RISING excludes all liability (including without limitation in negligence) for any direct, indirect, incidental, special or consequential loss arising out of or in connection with your use of any RISING website or any associated payment process, and makes no representation or warranty as to the operation or functionality of any RISING website or any associated payment process.

8. Privacy

8.1

RISING respects the privacy of its patrons and strictly adheres to the principles of the Privacy Act 1988. Our privacy policy can be viewed on this website, or by contacting RISING. It contains information about how you can seek to access or correct personal information we hold about you, how you can make a privacy complaint and how we will deal with a privacy complaint.

8.2

By purchasing a Ticket, attending an Event, or otherwise dealing with RISING, you agree to be bound by RISING's privacy policy.

8.3

RISING collects personal information for purposes that include organising and conducting the festival, improving services and, where you have consented, sending you information about future RISING events, alongside carefully selected special offers from our sponsors. Generally, we only disclose this information to other companies involved in organising and conducting RISING. We may disclose this information to third parties such as our contractors (e.g. IT service suppliers), who may be located overseas (e.g. in the USA). If you choose not to provide this information, we may not be able to provide you with our services.

COVID-19 Special Terms

RISING is committed to the safety of staff, patrons and artists and we have adopted some special conditions that respond to COVID-19. Should there be any inconsistency between these special conditions and other published Terms and Conditions, these special terms will apply.

  • RISING reserves the right to change its procedures and requirements for collection of tickets. Physical tickets may not be issued for selected Events. Instead, an electronic ticket will be issued or your name may be checked at the entrance against details provided by you at the time of booking

  • In order for you and your party to be admitted into an Event, as a condition of entry, you may be required to present the order confirmation number, photo identification and validity of any concession entitlements

  • In accordance with health guidelines, RISING requires transaction payments to be completed using contactless payments. Cash payments will not be accepted for some or all transactions

  • Due to physical distancing requirements, tickets to events may be sold as unallocated at the time of purchase or the allocation of seating may change. RISING reserves the right to allocate or reallocate seats for you and the members of your party prior to, or at the time of, the event

  • You must not attend any Event if you are required to be in isolation with a COVID-19 diagnosis or have been directed to be in quarantine because of close contact with a person with COVID-19, are awaiting COVID-19 test results, or if you are experiencing any symptoms of COVID-19. You must communicate these requirements to all within your party for which you are responsible for purchasing tickets

  • All attendees must comply with any COVID-19 safety protocols or requirements communicated by RISING (including signage at venues or floor line markings). This includes complying with:

    • Hand hygiene requirements
    • Physical distancing requirements (including physical spacing requirements while queuing)
    • Mask and personal protective equipment directives
    • Person limits for each space and area
    • Person density/capacity requirements, or
    • Any other safety requirement as required by the Victorian government

You acknowledge that anyone not adhering to these requirements may be in breach of directions issued by the Chief Health Officer for which penalties may apply.

  • You acknowledge that RISING may be required to collect contact tracing information from you and each member of your party when you attend an Event for any reason. This information includes the first name and phone number of each person that attends the venue including children and babies. You must communicate this requirement to your booking party prior to attending the venue

  • You agree to provide RISING with any information we are required to collect for contact tracing purposes. The purpose of collecting this information is to assist any contact tracing in the event of an outbreak or potential exposure to someone with COVID-19 at a RISING Event. You acknowledge that we may disclose contact tracing information to health authorities or as otherwise required or authorised by law. You acknowledge that we may retain the information for 28 days (or such longer period as required by law), after which time it will be deleted or destroyed. While we hold the information, we will take all reasonable steps to keep your contact tracing information secure and free from unauthorised access or use

  • Without limitation to clauses 6.11, 7.1 and 7.2 of the Terms and Conditions of Sale, you and your booking party may be refused entry or required to leave a RISING Event if you or they:

    • refuse to comply with any COVID-19 safety protocols or requirements notified to you by RISING
    • refuse to comply with any health and safety directions given by Venue staff
    • refuse to provide contact tracing information to RISING on request
    • are exhibiting symptoms of COVID-19, as notified to, or as assessed by Venue staff. These include: fever, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell
    • are required to be in isolation as a result of COVID-19 diagnosis or have been directed to be in quarantine because of close contact with a person with COVID-19

In these circumstances, Tickets will not be exchanged or refunded unless required by law (including the Australian Consumer Law).

  • We ask that you and each member of your booking party make a reasonable assessment of your health status before attending RISING. To avoid doubt, unless required by law you will not be entitled to a refund if you or a member of your booking party attends our Venue or Event despite exhibiting COVID-19 symptoms and if you or they are then refused entry or asked to leave the Venue or Event
  • Due to the uncertainties posed by COVID-19, we are offering additional flexibility through our refund policy at this time. We encourage you and the members of your booking party to stay at home if you or they are unwell. You will be entitled to a refund if you, a member of your booking party, or someone whom you or they have been in contact with, exhibits symptoms of COVID-19 after you make your booking and prior to the Event. The symptoms of COVID-19 include: fever, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell
  • You must contact RISING as soon as possible after displaying symptoms, or coming into contact with anyone displaying symptoms. We will not be able to provide a refund if you contact us after the Event
  • You must notify RISING immediately if you or any member of your booking party develop any symptoms of COVID-19 within 14 days of attending a Venue. Please contact us immediately via ticketing@rising.melbourne or call us on 03 9662 4242

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