TERMS & CONDITIONS

This website (referred to in these terms as the Website) is owned and operated by Gaytimesl Pty Ltd ACN 610 355 354 (“Gaytimes”). By visiting, accessing, browsing, opening or otherwise using any part of the Website, you agree to be bound by these terms and our Privacy Policy. Gaytimes reserves the right to amend these terms and any content or feature of the Website from time to time without notice to you.

PERMITTED USE

You may visit, view and retain a copy of pages of the Website for your own personal non-commercial use. Material on the Website is provided for personal use only and may not be reproduced, transmitted (including broadcast), communicated, adapted, distributed, sold, modified or published without the prior written consent of Gaytimes, which consent may be withheld by Gaytimes in its absolute discretion.

INTELLECTUAL PROPERTY

The materials on the Website, including logos, trademarks, photographs, text, code, software, design and layout are subject to and protected by copyright which owned by or licensed to Gaytimes. Gaytimes reserves all intellectual property rights, including but not limited to copyright in the materials on the Website, including logos, trademarks, photographs, text, code, software, design and layout.  Access to and use of the Website does not imply or grant any license to use any material owned by Gaytimes.  No trade mark of Gaytimes (whether registered or unregistered) may be used without our prior written permission.

Links to other sites

The Website may contain links to other websites owned and operated by third parties and which are not under the control of Gaytimes.  Gaytimes does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on those linked sites.  Any links to other sites are provided as a service to you and the existence of a link to other sites does not imply any association, sponsorship, connection, endorsement or other relationship between Gaytimes and the owners of those sites. Gaytimes is not responsible for the material contained on those linked sites and you visit those linked sites at your own risk.

Disclaimers and Limitation of Liability

You use the Website at your own risk. Gaytimes has taken reasonable precautions to ensure the material contained on the Website does not contain viruses or features which may damage or harm your computer or network.  However, this does not mean that the material contained on the Website is virus free. It is your responsibility to take precautions to prevent damage or loss from material obtained from the internet. Gaytimes is not responsible for any reliance you place on material accessed through the Website or any actions you take or do not take or harm you suffer as a result of accessing the Website.  Gaytimes will not be liable for any damages of any kind arising from the use of the Website, including without limitation, direct, indirect, incidental, and punitive and consequential damages.  To the maximum extent possible by law, Gaytimes excludes all warranties (whether express or implied) regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website.  For those warranties that cannot be excluded, Gaytimes liability is limited to resupply of the material or the cost of resupply of the material, at Gaytimes’s sole discretion. Gaytimes is not liable to you for errors or omissions in the Website or linked sites, delays to, interruptions of or cessation of the services provided in the Website or linked sites, or defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Gaytimes, its employees or independent contractors, or through any other cause.

Indemnity

You agree to fully indemnify and hold Gaytimes harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Website, including any breach by you of these terms.

Severability

If any part of these terms is found to be void, unlawful, or unenforceable, then that part will be deemed to be severable from the balance of the terms and the severed part will not affect the validity and enforceability of any remaining provisions.

Applicable Law

These terms will be governed by and interpreted in accordance with the law of the State of Victoria, Australia, and you agree to the jurisdiction of the courts of Victoria to determine any dispute arising out of these terms. Terms and Conditions of Sale – Gaytimes Tickets These terms and conditions apply to the purchase of any Gaytimes tickets. The Gaytimes Website is owned and operated by Gaytimes Pty Ltd ACN 610 355 354 (“Gaytimes“).

Separate Festival Entry Required

The Gaytimes Shuttle Bus Tickets sold by Gaytimes are intended to enhance your Gaytimes festival experience by offering travel to and from the festival by bus. Gaytimes Shuttle Bus Tickets do not include entry to the Gaytimes festival.  A separate entry ticket will need to be purchased for entry to the Gaytimes festival.

Ordering and Payment

All orders placed for Gaytimes tickets are subject to availability and confirmation and acceptance by Gaytimes. Payment for Gaytimes tickets must be made in full at the time of ordering.  Payment may be made by any accepted method of payment.  You warrant that all details you provide to us for the purpose of purchasing the Gaytimes tickets will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Gaytimes ticket.

PRICING

We reserve the right to change prices without notice. All prices include Goods and Services Tax (GST) at the current rate of 10% in Australia.

GENERAL TERMS

When you submit an order for a Gaytimes Ticket, you agree that you do so subject to these Terms and Conditions and all other terms and conditions published by Gaytimes. You are responsible for any person invited by you to share in your Gaytimes experience and you will be liable to Gaytimes for any loss or damage caused. Gaytimes may alter or change the terms and conditions applicable to Gaytimes from time to time effective immediately from posting on the Gaytimes website.

TRANSFER & RESALE

Gaytimes tickets may not, without the prior written consent of Gaytimes, be transferred or resold or used for advertising, promotion or other commercial purposes.

GLAMPING TENTS

Gaytimes cannot be held responsible for any personal effects lost due to severe weather conditions. We cannot also be held responsible for loss of tent, tent contents or collapsing tents within the pre-paid Glamping areas. Booking a Glamping tent is done so at your own risk and we implore you to consider these issues before paying your non-refundable Glamping tent fees.

PRIVACY

All information provided by you in relation to the purchase of Gaytimes Tickets will be held strictly in accordance with our Privacy Policy, which is available for viewing on our website.

refund policy

Please choose your Gaytimes Ticket carefully. There are no refunds on any Gaytimes Tickets purchased, except as required by the Australian Consumer Law.

Australian Consumer Law

All Gaytimes Tickets come with consumer guarantees that cannot be excluded under Australian Consumer Law.  Where the Australian Consumer Law implies any consumer guarantee which cannot be excluded or modified, our liability for any breach of such consumer guarantee will be limited, at our option, to the resupply of the Gaytimes Ticket or the cost of having the Gaytimes Ticket supplied again.  In no event will we be liable for any indirect, consequential, exemplary or special damages.

Force Majeure

Gaytimes shall not be liable to you for any breach, hindrance or delay in the performance or delivery of a Gaytimes Ticket attributable to any cause beyond our reasonable control, regardless of whether the circumstances in question could have been foreseen.

Jurisdiction

These terms will be governed by and interpreted in accordance with the law of the State of Victoria, Australia, and you agree to the jurisdiction of the courts of Victoria to determine any dispute arising out of these terms.

 

TERMS AND CONDITIONS OF ENTRY

Dictionary for the Terms and Conditions

Event: Gaytimes
Promoter: Gaytimes Pty Ltd ACN 610 355 354, 33 Hilton Street, Clifton Hill VIC 3063
Event Site: Lake Mountain Alpine Resort, 1071 Lake Mountain Rd, Marysville VIC 3779
Camp Site: Lake Mountain Alpine Resort, 1071 Lake Mountain Rd, Marysville VIC 3779
You and Your: Any person holding a valid ticket for the Event Site and/or the Camp Site, whether or not the ticket was purchased by the person holding the ticket or through a third party Event Terms and Conditions

Terms and Conditions are Binding:

Tickets to the Event are sold or given and admission to the Event is granted on the express condition that you are bound by these Event Terms and Conditions and any other rules and regulations issued by the Promoter (Event T+Cs). By purchasing an Event Ticket you agree to be bound to the Event T+Cs.

Directions of Event Staff: You must follow the reasonable directions of Event staff as required and comply with the law at all times during the Event.

Proof of Age: You must have proof of age photo ID to purchase or consume alcohol in the Event Site. Promoter reserves the right to evict any underage person (or persons unable to provide proof of age ID).

Event Tickets: Entry to the Event Site will be granted with presentation of a bar-coded Event Ticket. The Event Ticket is your ticket to the Event and will be sent to you by the preferred method of delivery from October 2017. Your Event Ticket must be presented upon arriving to the festival where you will be given a wristband. This wristband must be worn at all times on the Event Site – failure to do so may result in your eviction from the Event Site. Wristbands which are removed or tampered with will be rendered invalid and will not be replaced. Damaged or defaced event tickets or wristbands will not be accepted.

Lost Tickets and Wristbands: Replacement is not available for lost, destroyed or stolen Event Tickets (Wristbands) unless proof of purchase is presented.

Ticket Restrictions: Event Tickets (Wristbands) may not, without the prior written consent of Promoter, be re-sold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including but not limited to competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If an Event Ticket (Wristband) is sold or offered for re-sale or used in breach of this condition, the Event Ticket (Wristband) may be cancelled without a refund and the bearer of the Event Ticket (Wristband) may be refused admission.

Ticket Purchase Limits: Promoter reserves the right to enforce published ticket purchase limits and cancel any tickets obtained above said limits by any one customer.

Search on Entry: It is a condition of entry to the Event Site and Camp Site that a search of your vehicle and/or your possessions be required at the time of entry to the Event Site and Camp Site. If you do not consent to such searches, you may be denied entry to the Event Site and Camp Site. Prohibited Items include but are not limited to those listed below and any Prohibited Item or any item Event organisers consider may be used in an illegal or offensive manner may be confiscated. Confiscated items will not be returned, replaced or reimbursed and proceeds from confiscated items (if any) will be donated to charity.

Smoking Policy: Venues and stages on and within the Event Site and Camp Site may operate a No Smoking policy and you must comply with any such policy. No smoking is permitted in any indoor area of the Event.

Photographing and/or Recording of the Event by You: Personal digital cameras are permitted at the Event. SLR cameras are permitted but professional photography equipment (e.g. telephoto lenses; any lens over 20cm; any detachable lens) is not permitted without Promoter-issued media accreditation. Event staff will determine in their discretion whether equipment is considered to be professional photography equipment. Photos of artists and/or the Event are permitted only on the basis that: 1. images are only used for private and personal use; and 2. images cannot be made available for sale and/or public display. Recording or filming the Event is strictly prohibited. Promoter reserves the right to confiscate and/or delete any footage, recordings and/or photos created by unauthorised or prohibited recording, filming or photography.

Recording of the Event by Promoter: You consent to be included in film and sound recordings of the Event and for these recordings to be used by Promoter in any medium or context without further authorisation by or compensation to you.

Restricted Capacity: You acknowledge that there may be restricted capacities at some of the Event’s stages. Once the maximum capacity is reached in these areas there will be no further admissions. Your purchase of an Event Ticket (Wristband) to the Event does not guarantee admission to these areas in such cases.

No Animals: Animals are not permitted at the Event Site or Camp Site. Service animals are permitted.

Your Behaviour: You must ensure that you and your invitees act in an orderly manner when attending the Event Site and Camp Site. Promoter may refuse entry or evict you or any of your invitees if you or any of your party are behaving in a disorderly, offensive or inappropriate manner.

Alcohol: The Event is licensed and BYO –Alcohol purchased from bars within licensed areas at the Event may only be consumed in those licensed areas. If you wish to consume alcohol, you must have proof of age photo ID. You must be of legal age (18 years) to purchase and consume alcohol on the Event Site. If you are found supplying or buying alcohol for a minor (a person under 18 years of age) you will be evicted from the Event and may face criminal charges.

Food and Drink: Food or drink will be permitted into the Event Site however there are no cooking facilities. The contents of any unsealed plastic water bottles will not be permitted into the Event Site but unsealed EMPTY plastic water bottles (no glass) are permitted into the Event Site (for use at the free water station).

Drugs: If you are found supplying, consuming or in possession of illicit drugs you may be removed from the Event Site / Camp Site and may be referred to the police.

Signage: You are not permitted to display trading signs on the Event Site or Camp Site without prior written consent of Promoter.

Accessibility: Lake Mountain Alpine Resort and the Gaytimes Festival site is a wheelchair accessible venue, however there are slopes and rocky terrain in some places. If you are a person with disability, please get in touch with our operations team at hello@gaytimes.com.au so that we can better prepare you for your visit. Please let us know if you’d like this information in another format.

Security: Gaytimes Festival is a fully inclusive event with a zero tolerance policy on bad behaviour including aggressive or abusive behaviour, sexual harassment, moshing, crowd surfing or stage diving, blocking views, driving intoxicated. That also includes bigotry of any kind, including homophobia, racism, transphobia, biphobia or racially insensitive costumes (read: no blackface, no Indian headdresses etc).

Respect and look after each other: The Event Site and Camp Site at Gaytimes is a space for LGBTIQ people to celebrate and be themselves. Our Gaytimes Caretakers will be present on-site at the event to look out for you. They exist to ensure the safety of all people. If you feel uncomfortable, unsafe or unwell, reach out to a Caretaker, Security or First Aid Staff. We are here to help you.

Your Personal Information: Pursuant to your booking, the Promoter may need to collect and keep personal information about you including your name, address, credit card or payment details, telephone number and the names of all ticket allocations. Unless you tell us otherwise, Promoter may disclose your contact details to third parties if you elect to receive such information at time of ticket purchase so they can provide you with promotional material about other events and products. Promoter may also need to disclose your personal information as required by law or as permitted under the Privacy Act. If you have any questions about how Promoter will handle your personal information please visit the link at the bottom of the ticketing pages.

Promoter’s Liability: The services provided by Promoter will be rendered with due care and skill to the extent required by the Competition and Consumer Act (Cth) 2010 and applicable similar state legislation. Apart from such statutory liability, Promoter and the owner and/or lessee of the Event Site and Camp Site will not be liable or responsible for any injury, damage or loss suffered or incurred by you or any person entering or when you enter or are on the Event Site and Camp Site whether caused by the negligence of Promoter or that of the owner and/or lessee of the Event Site and Camp Site (or their respective employees or agents), whether arising in tort, contract, bailment or otherwise - all such injury loss or damage to person or property is at your own risk.

Indemnity: You agree to indemnify Promoter and owner and/or lessee of the Event Site and Camp Site (as applicable) against any loss or damage Promoter and/or Event Site and/or Camp Site owner and/or lessee may suffer arising out of your negligence or breach of the Event T+Cs and/or the Camping T+Cs (as applicable).

Release: To the full extent permitted by law, you waive all legal rights of action against and fully release Promoter and owner or lessee of the Event Site and Camp Site (and their respective executive members, directors, officers, employees, volunteers, contractors or agents) from any liability for any loss, damage, personal injury, death, economic loss or consequential loss for any default, failure or negligence (to the extent permitted by law) in relation to entry to and presence on the Event Site and Camp Site.

Risk: Entry to the Event Site is at your own risk. Without limiting the generality of this: appropriate footwear and clothing must be worn at all times at the Event Site; you must not mosh, crowd surf or stage dive; ear plugs should be worn if necessary. To the extent permitted by law, Promoter takes no responsibility for any hearing damage or loss caused by excessive noise or injury caused by your failure to follow Promoter’s directives. In the event of injury or illness Promoter may, at your cost, arrange medical treatment and/or emergency evacuation as deemed essential for your safety.

Enforceability: Any provision of the Event T+Cs and/or Camping T+Cs which is or becomes unenforceable shall not invalidate the other provisions of the Event T+Cs and/or Camping T+Cs (as applicable).

Online Ticketing Support: If you are experiencing difficulties with purchasing a ticket or the ticketing page contact Eventbrite.

Refund and Cancellation Policy: The Event is an all weather event. The Event will take place rain, hail or shine. Promoter reserves the right to change, add, withdraw or substitute artists in the Event line-up, vary the advertised program, vary the date, vary the Event Site and/or the Camp Site without prior notification and deny admission to the Event Site and/or Camp Site (including admission to a particular performance at the Event Site) with reasonable cause. No refunds on tickets except where required by law or in accordance with Live Performance Australia’s Ticketing Code Of Practice. There will be no refund of any unused portion of an Event Ticket if you or your invitees are asked or forced to leave for any of the reasons set out in the Event T+Cs, the Camping T+Cs or if you decide not to attend. You are responsible for checking the age minimum for the Event. No refunds will be processed if you are denied entry due to not having valid identification for admittance to the Event Site and/or Camp Site.

Emergency Closure: In the event that The Event is held on a Code Red or Extreme Fire Danger Day or if there is a fire threat, The Event would be cancelled.

Search for Prohibited Items: On arrival at the Event Site and the Camp Site, your person, possessions and/or vehicle may be searched for prohibited items (see the list of Prohibited Items) and any Prohibited Item, or any item Event organisers consider may be used in an illegal or offensive manner, may be confiscated. Refusal to consent to a search may prevent entry to the Event Site and/or Camp Site without refund.

No Pass Outs: We do not allow you to leave and re-enter the Event Site. If you leave the Event Site, your wristband will be cut at the gate and you will be refused entry on your return. This is for your own safety and is a requirement of our responsible service of alcohol policy - as we do not promote people driving while intoxicated. We encourage you to bring your own alcohol when you arrive, and if you run out, you can always purchase drinks or food on site.

CAMPING TERMS AND CONDITIONS 

IMPORTANT: All of the terms and conditions that apply to the Event itself (including those provided to you when you purchase an Event Ticket or as shown on the Event website or at the Event site) also apply to the Camp Site. These Camping Terms and Conditions are in addition to and must be read in conjunction with the Event T+Cs.

Terms and Conditions are Binding: Tickets to the Camp Site are sold or given and admission to the Camp Site is granted on the express condition that you are bound by these Camping Terms and Conditions and any other rules and regulations issued by the Promoter (Camping T+Cs). By purchasing an Event Ticket you agree to be bound to the Camping T+Cs.

Directions of Event Staff: You must follow the reasonable directions of Event staff as required and comply with the law at all times whilst on the Camp Site.

Camp Site Access: No entry to the Camp Site is permitted before 12.00pm AEST 16 February. Vehicle access into the Car Park is not permitted before this time.

Car Park: Vehicles are not permitted in the Camp Site. You must park your car in the allocated Car Park and unload your luggage and equipment before setting out to set up camp

Camping Spots: Promoter reserves the right to amend or vary the advertised camping configuration, capacity, the date(s) of the Event (without prior notification) and deny admission to the Camp Site with reasonable cause. No refunds on tickets except where required by law or in accordance with Live Performance Australia’s Ticketing Code Of Practice.

Selection of Camping Spot: On arrival at the Event, once you park your vehicle you will be directed to your Camp Site – once you arrive at the Camp Site you will not be able to choose your own Camping Spot – all Camping Spots will be allocated by Event staff on a first come, first served basis. If you wish to camp with friends then you will need to arrive together or alternatively there will be a holding bay for you to wait until the rest of your party arrives. There will under no circumstance be held camping spots for late arrivals. Each Event Ticket type has a designated area, so if you are arriving with a group of friends who have a different Event Ticket type, you will not be able to camp in the same area. Wear your Wristbands: please have your Event Ticket ready to present to Event staff on arrival. You will be given a wristband after you Event Ticket is scanned and this wristband must be worn at all times while you are at the Event Site and Camp Site.

Noise: No noise is permitted in the Camp Site after 12:00am midnight AEST.

Weather: Please come prepared for all weather; the Event and camping will proceed irrespective of weather conditions. No refunds will be made should you decide not to attend the Event or the Camp Site due to inclement weather. Footwear must be worn at all times. Please note Lake Mountain Alpine Resort at this time of year can be extremely warm throughout the day and can get quite cool at night. Please ensure you are equipped appropriately for this.

Leaving the Camp Site: On departure of the Camp Site please make sure all your belongings, camping equipment and vehicles are removed. Promoter will not be responsible for any belongings left on the Camp Site and anything left behind will either be discarded or donated to charity.

Environment: Gaytimes cares for the environment and community. Respect the Camp Site & keep it clean. Please put your rubbish and cigarette butts in the garbage bags and bins provided, help with cleaning up the Camp Site when requested and don’t take mementos. Be waste and water wise.

Security: Most importantly, please respect the Camp Site and your fellow campers! Unruly behaviour will not be tolerated and may result in your removal from the Camp Site. You will be removed from the Camp Site. There will be 24 hour security on hand to ensure the safety and amenity of all campers. Note that you are responsible for the safety and security of all your belongings and Promoter accepts no responsibility for any loss, damage or theft of your possessions at the Camp Site.

Accessible Camping: If you wish to reserved a disabled access Camping Spot please email hello@gaytimes.com.au

PROHIBITED ITEMS (INCLUDING BUT NOT LIMITED TO)

  • Glass of any kind

  • Offensive weapons, including potential missiles

  • Illegal substances

  • Animals (excluding service dogs such as guide dogs and police/emergency service dogs)

  • Flares, fireworks or sparklers

  • BBQ’s or cooking appliances

  • Fires and open flames of any kind

  • Professional photography equipment (e.g. telephoto lenses; any lens over 20cm; any detachable lens or anything deemed by Event staff to be professional photography equipment)

  • Any other item deemed to be dangerous or offensive or potentially dangerous by Event organisers

The Promoter reserves the right to refuse entry to any persons. Any persons found to be in possession of Prohibited Items will have those Prohibited Items confiscated and they will not be returned. Any persons found to be in possession of illegal substances or partaking in illegal activities may be removed from Event Site / Camp Site and may be referred to the police. You are responsible for checking all Event information and ensuring you have purchased the correct Event Tickets for the Event. No refunds will be processed if you make an error in connection with your ticket purchase.