Terms and Conditions

These Terms of Use (the terms) are between council and you. From time to time, council changes or adds to the System, including these terms, without notice. Any change to these terms will be effective as soon as they are published on the System. You should review these terms regularly to check for updates. By using the System, you accept the terms in force at the time of accessing the System.

On this webpage, the following meanings apply:

‘Council’ means the Sunshine Coast Regional Council. Council owns and operates the Venue.
‘Material’ on the System includes any text, symbol, logo, image, video, audio, links and other items.
‘Post’ and ‘Posted’ means adding information such as text, audio, video and images, etc., to the System that has been submitted by a registered user.
‘System’ is the online website/system/database established by Council for the administration of the Venue and the sale of tickets for functions and performances at the Venue.
‘User’ or ‘you’ or ‘your’ means any person using the System.
‘Venue’ means Venue 114 located at 114 Sportsmans Parade Bokarina.

Disclaimer

Council makes no statements, representations, or warranties about the accuracy, completeness or reliability of the System or any information contained on or in the System. Some information, such as information supplied by third parties, has not been assessed for its accuracy. You should make your own enquiries and obtain advice specific to your particular circumstances.

Council expressly disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses (including direct and indirect losses), damages and costs you may incur as a result of your use of the System or intended use of the System including:

the information on the System being inaccurate or incomplete in any way, for any reason
the information on the System or the System itself being subject to infection by computer viruses or other contamination
lack of availability, interruption, delay in operation, internet access difficulties, or equipment malfunction in relation to the System
any failure to provide the System or any part of it either temporarily or permanently.

The information in the System is subject to change without notice. If you print information, you should check regularly for updates to the System. This includes PDF and other files linked to the System.

The views, opinions and findings in any articles, news items or other publications on the System are those of the respective authors and do not necessarily reflect the views, opinions or findings of Council.

This general disclaimer is not restricted or modified by any specific warnings and disclaimers contained in these terms or located elsewhere in the System.

Linking to the System

Council gives permission for you to create a link to the System. If you do create a link to a page within the System, you do so at your own risk and the exclusions and limitations set out in these terms will apply to your use of the System by linking to it.

Using the System

By using the System, you agree that you will not:

tamper with or do anything that could hinder the proper operation of the System; upload viruses or other malicious code, transmit a virus or other disabling feature to the System
collect users' material using automated means (such as harvesting bots, robots, spiders, or scrapers)
collect or solicit material about others, including email addresses, without their consent
use the System, or use any service provided within the System, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email, spam or any other duplicative or unsolicited messages (commercial or otherwise)
attempt to gain unauthorised access to the System or use another person’s name, registration account or password
except to the extent permitted by the Copyright Act 1968 (Cth) , use, copy, modify, transmit, store, publish or distribute the material in the System, or create any other material using material in the System, including posts made by registered users, without obtaining the prior written consent of the owner of the information
collect or solicit login information or access an account belonging to someone else
resell or assign ownership of tickets purchased through the System, whether for commercial gain or otherwise
use the System for any activity which breaches any laws, infringes a third party’s rights, is unlawful, or breaches these Terms and Conditions.

Intellectual property rights

Logos and trade marks (whether registered or unregistered) appearing in the System must not be used or modified in any way without obtaining the prior written consent of the owner. The material in the System or the products, technology and processes contained in the System may be the subject of other intellectual property rights owned by council or by third parties. No licence is granted in respect of those intellectual property rights. If you want a licence, you must specifically contact the owner of those rights. Your use of the System must not in any way infringe the intellectual property rights of any person or organisation.

External websites

The System may contain links to, or frame, websites other than the System (external websites). Links to, or framing of, external websites should not be construed as an endorsement, approval, warranty of accuracy, recommendation or preference by council of the external websites, or for any information, products or services referred to on the external websites, unless expressly stated otherwise.

Council makes no warranties and accepts no liability in relation to Material contained on external websites, nor to your use of external websites, and it disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses (including direct and indirect losses), damages and costs you may incur as a result of using any external website or software that may be associated with it.

External websites and software, such as group email software, may be promoted within the System. By choosing to use external websites and software, you will conduct your own assessment of the worthiness, cost, safety or otherwise of this software.

By using external websites linked to the System, you understand that you may be bound by the term of use for these external websites. This may include issues such as storage of your information on overseas servers or granting ownership of your information to these websites. You must read any terms governing the use of any external websites before using it.

Other matters

The terms and the use of this System are governed by, and construed in accordance with the law in force in Queensland, Australia. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction in Queensland for proceedings in connection with the terms or the use of the System.
Headings in the terms are for convenience only, and to not limit interpretation.
The entire agreement between the parties regarding the use of the System is made up of the terms, and any additional conditions.
The terms and any additional conditions cannot be varied accept by prior written agreement signed by an authorised Council officer.
If any part of the terms is found to be unenforceable, the remaining portion will remain in full force and effect.
If Council fails to enforce any of the terms, it will not be considered a waiver. Any waiver of the terms must be made in writing and signed by an authorised Council officer.
You will not transfer any of your rights or obligations under the terms to anyone else without our prior written consent.
All of council’s rights and obligations under the terms are freely assignable by council in connection with an amalgamation or sale of assets, de-amalgamation or division of assets, or by operation of law or otherwise.
You will comply with all applicable laws when using or accessing the System.

Terms of business use

Agreement

Council has established and maintains the System for the administration and venue hire of the Venue and the sale of tickets for functions and performances at the Venue.

Council grants the User the right to use the System subject to these Terms of Use and the terms and conditions set out below.

Indemnity

The User agrees to indemnify Council in respect of all claims for loss, damage or injury which may be suffered by any person arising directly or indirectly from fraudulent, malicious or negligent activity in, or related to, the User’s use of the System.

The User agrees to indemnify Council and not raise any claim against Council in respect of any loss, damage or injury which may be suffered by Council, the User, or any third party as a result of the User granting higher level access to any of its employees, servants, contractors or consultants which may result in the deletion or amendment of any of the User’s or Council’s details, files, information and material.

The User indemnifies Council against any loss or damage that may be sustained or incurred by Council as a result of the failure by the User to perform its obligations under this agreement.

Obligations of User

The User will notify council as soon as practicable if the User becomes aware of any unauthorised use of the whole or any part of the System.

The User will use its best endeavours to promptly bring to the attention of Council the unethical or dishonest activity in relation to the use of the System that the User may discover.

The User will give Council such assistance and cooperation as it reasonably requires in connection with the operation of this agreement.

The User will ensure that any images of documents transmitted under the System are of a standard and in a format approved by Council. Prior to submitting material, the User will use its best efforts to ensure all form types and fees entered during the use of the System are correct.

The User will notify council of any change in business name, contact details or cessation of its business within seven days of the occurrence of the change.

Security

User’s acknowledgements

The User acknowledges and agrees that:

Council has no control over the speed of transmission of the data when using the internet to access the System.
Council will use its best efforts to provide access to the System but does not warrant that access to the System will be uninterrupted. For example, access may be interrupted to facilitate urgent maintenance.
Council will not be liable to the User or to third parties for any interruptions to the System beyond its control including but not limited to problems with the User’s:
- telecommunications services
- Internet service provider, or
- hardware or software.

The User acknowledges that this agreement does not otherwise override or amend any obligation, time period or requirements otherwise set down by law, regulation or contained in any council application forms.

Terms and Conditions for Venue 114 Competitions

Information on how to enter, prizes and entry dates will be advertised online, through social media, radio, television, print media, etc.
Submission of an entry into a competition/promotion is deemed acceptance of these Terms and Conditions.
Entry is open to Australian permanent residents aged 18 years and over. Councillors, employees and officers of Council and employees, officers and agents of any promoter, and their immediate families, and printers, suppliers, providers and agencies associated with the competition/promotion are ineligible to enter.
Personal information disclosed is provided to Council and any promoter. The entrant consents to the public disclosure of their name where the entrant wins a prize.
Council and any promoter reserve the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Council or any promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Incomplete, indecipherable, or illegible entries will be deemed invalid.
Winners are drawn at random. The Council’s decision is final and no correspondence will be entered into.
Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
The competition winner must collect the prize from Venue 114 Box Office unless stated otherwise in the advertised competition.
If this competition/promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Council, Council reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the competition/promotion, as appropriate.
Council reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Council, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Council and/or any promoter, engaged in conduct in entering the competition/promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of Council and/or the Venue. Council reserves the right to disqualify a winner if Council becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
Any cost associated with accessing the promotional website and/or email address is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
Except for any liability that cannot be excluded by law, the Council (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury or death, or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the competition/promotion, including, but not limited to, where arising out of the following:
- A) any technical difficulties or equipment malfunction (whether or not under Council’s control);
- B) any theft, unauthorised access or third party interference;
- C) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Council) due to any reason beyond the reasonable control of the Council;
- D) any variation in prize value to that stated in these Terms and Conditions;
- E) any tax liability incurred by a winner or entrant;
- F) the acceptance or use of a prize;
- G) any act or omission of the Council or its associated agencies.
As a condition of accepting the prize, the winner (and any companion/s) may be asked to sign any legal documentation as and in the form required by the Council/ Prize Supplier in their absolute discretion including but not limited to a legal release and indemnity form.
The Council collects personal information in order to conduct the competition/promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers, to assist in conducting the competition/promotion. Entry is conditional on providing this information. If entrants indicate their consent on the entry form, each entrant agrees that the Council may use this information, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages. Entrants should direct any request to access, update or correct information to the Council. All entries become the property of the Council.