Terms & Conditions

Introduction

1. These terms of use (Terms) explain how you may use this website and any related website operated by the Black Peach Group (Website).
2. In these Terms:
   1. Black Peach, we, us or our means the Black Peach Group which comprises Black Peach X Pty Ltd, Black Peach Touring Pty Ltd, Summertime Series Pty Ltd and any of our other subsidiaries or related companies as notified to you from time to time, or any one of them as the context dictates; and
   2. you means anyone who accesses or uses the Website.
3. The Website provides information about our events, brands, content, promotions, newsletters, subscriptions and related activities. It may also link to, integrate with or include content from third-party platforms, including ticketing providers, social media platforms, analytics providers, CRM/database providers and other service providers.
4. Your use of the Website is also governed by our privacy policy, available at https://www.sydneysummertime.com/privacy-policy (Privacy Policy), and any collection notices, consent wording, competition terms, event conditions of entry or other terms that we make available to you from time to time.
5. By using the Website, signing up to our communications, submitting information, entering a competition or otherwise interacting with us through the Website, you agree to these Terms.
6. If you do not agree to these Terms, you must not access or use the Website.
7. We may change these Terms from time to time. Any updated Terms will apply from the effective date listed at the beginning of these Terms (being the date on which they are published on the Website). Your continued use of the Website indicates your acceptance of the updated Terms.

Website Features, Newsletters and Subscriptions

1. The Website may allow you to sign up to newsletters, mailing lists, SMS updates, alerts, pre-sale notifications, competitions, promotions or other communications. If you provide your details, you must ensure they are accurate, current and complete.
2. Event information on the Website, including artists, performers, venues, dates, times, prices, ticket availability, schedules, line-ups and pre-sales, may change. You should check the relevant event page, ticketing page and event terms before buying tickets or attending an event.
3. Unless we say otherwise, tickets are sold and payments are processed by third-party ticketing providers or other third parties. We are not responsible for their acts, omissions, terms, policies, systems or services. Any ticket purchase may be subject to separate ticketing terms, promoter terms, venue rules, event conditions of entry, age restrictions, refund policies and other applicable terms.
4. If you interact with us through any social media platform, embedded functionality, widget, app store, ticketing platform or other third-party service, your use of that service will also be subject to the relevant third party’s terms, policies and settings.

User Content, Competitions and Promotions

1. You are solely responsible for any competition entry submitted in connection with a promotional social media campaign and any information, images, comments, reviews, or other materials you submit to the Website (Your Content) and for ensuring that Your Content is lawful and that you have all rights and permissions to provide it to us.
2. You permit us to use Your Content for the purpose for which it was submitted and for related operational, promotional and marketing purposes, including event and brand promotion and activities. This permission is worldwide, royalty-free and may be sublicensed for such purposes, subject to applicable law and our privacy policy.
3. Competitions, promotions, prize draws and similar activities may be subject to separate terms and conditions that we make available. Those separate terms apply in addition to these Terms. The separate competition or promotion terms will prevail over these Terms to the extent of any inconsistency.

Restrictions

In using the Website, you agree not to:

1. act in any way that is unlawful, misleading, fraudulent, deceptive, harmful, threatening, abusive, defamatory, obscene, offensive or otherwise inappropriate;
2. use the Website for commercial purposes, or copy, reproduce, distribute, communicate, modify, adapt, publish, licence, sell or otherwise exploit any content on the Website, except as permitted by law or with our prior written consent;
3. interfere with or disrupt the operation, security or availability of the Website, or use the Website in a way that adversely affects other users;
4. attempt to gain unauthorised access to any part of the Website, any system, server, network, account, database or information connected with the Website;
5. upload, transmit or introduce any virus, malware, malicious code or other material that may damage, interfere with or compromise the Website or any third-party system;
6. use any robot, spider, scraper, crawler or other automated means to access, monitor, scrape, copy or index the Website or its content without our prior written consent;
7. send spam, unsolicited communications or other material that breaches any applicable law or the rights of any person;
8. impersonate any person or falsely state or misrepresent your affiliation with any person or organisation; or
9. encourage or assist any other person to do any of the above.

Disclaimers

1. We endeavour to keep the Website available, secure and accurate, but we do not guarantee that it will always be available, uninterrupted, error-free, secure or free from viruses or other harmful material.
2. We may change, suspend, withdraw or discontinue any part of the Website at any time.
3. If you experience any problems with the Website, you can contact us at hello@blackpeach.co
4. Information on the Website is provided for general information only. We take reasonable care, but event details, prices, line-ups, schedules and other information may change, and we do not guarantee that all information is complete, current or suitable for your particular purpose.
5. You are responsible for taking reasonable steps to protect your own devices, systems and data when using the internet.

Intellectual Property

1. We, our related bodies corporate or our licensors own the Website and its content, including text, images, graphics, logos, trade marks, audio, video, software, design and layout.
2. You may view and use the Website for personal, non-commercial purposes. You must not copy, reproduce, adapt, publish, communicate, sell or otherwise use Website content without our permission, except as allowed by law.
3. We may freely use your feedback or suggestions about the Website without compensation to you.

Linked Sites and Third-Party Platforms

1. The Website may link to or integrate with third-party websites, apps, platforms and services, including ticketing providers, social media platforms, analytics tools, CRM/database providers, APIs, widgets and embedded content (Linked Sites). The Website may also display or make available content from third parties (Third-Party Content).
2. We do not control Linked Sites or Third-Party Content and are not responsible for their content, availability, security, terms, policies or practices. You use any Linked Sites or Third-Party Content at your own risk and subject to the terms of the relevant provider.
3. You must not link, mirror, frame, retransmit or otherwise use any part of the Website or its content on any third-party website or platform without our prior written consent.

Termination or suspension

1. If you do not comply with these Terms, we may suspend, restrict or terminate your access to all or part of the Website, or take other steps to protect us, our users, systems, events, brands or any third party.
2. We may also suspend, withdraw or discontinue all or part of the Website where we have a safety, security, technical, legal or operational concern.
3. We may disclose information where required or permitted by law, including to comply with a court order, regulator request or law enforcement request.
4. Any clauses which by their nature are intended to survive termination or expiry of these Terms will continue to apply. Our rights under this clause do not limit any other rights or remedies we may have at law.

Liability

1. Nothing in these Terms excludes, restricts or changes any rights you have under the Australian Consumer Law or any other law that cannot be excluded, restricted or changed.
2. To the extent permitted by law, we are not liable for any loss or damage arising from your use of, or inability to use, the Website, including any content on the Website, any Linked Sites, Third-Party Content or third-party services.
3. You acknowledge and agree that you are responsible for:
   1. your use or misuse of the Website;
   2. Your Content; and
   3. your breach of these Terms or any applicable law.
4. You must reimburse us for any loss, cost or expense we suffer because you breach the user restrictions in section 4 or applicable law in your use of the Website.

General

1. These Terms are governed by the laws in force in Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.
2. These Terms are the entire agreement between you and us with respect to your access to and use of the Website.
3. If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision is deemed severed, and, to the extent possible, the validity and enforceability of the remaining provisions of these Terms is not affected.
4. You may not transfer your rights or obligations under these Terms without our consent. We may transfer our rights and obligations under these Terms to another entity, including as part of a restructure, sale or transfer of our business or assets. If personal information is transferred, we will handle it in accordance with our Privacy Policy.
5. Any delay or failure by us to enforce any rights under these Terms does not constitute a waiver.
6. Nothing in these Terms creates a relationship of employment, partnership or joint venture between you and us.