Telemarketing Online Solutions Terms and conditions for the purchase of Products, Services, Events or Downloads, Products, Services, Events or Downloads and use of the Telemarketing Online Solutions Website The Telemarketing Online Solutions does its best to ensure that all the information on its website is current and accurate. However, mistakes can occur, so we would encourage anyone who may be thinking of making a special trip based on information displayed on the website to confirm that the information is correct. You can do this by emailing [email protected]
Now for our legal information:
1. DEFINITIONS
In these terms and conditions the following words shall have the meanings set out below: "Confirmation" means the confirmation email sent to you by the Telemarketing Online Solutions under clause 4.2.3 acknowledging your booking and setting out the details of your booking.
"Contract" means any contract for the purchase of Products, Services, Events or Downloads made between you and the Telemarketing Online Solutions (acting as agent for the relevant Third Party in those cases where a Third Party Event is the subject of the Ticket).
“Event” means any event offered for sale by and/or organised by the Telemarketing Online Solutions learning department including, but not limited to, workshops, projects, continued professional development events and staged performances.
“Telemarketing Online Solutions” means The Telemarketing Online Solutions Company as may be registered by Telemarketing Online Solutions in Australia.
"Online Booking Form" means the series of pages for the booking of Products, Services, Events or Downloads set out on the Telemarketing Online Solutions website.
“Third Party” means a party other than you and the Telemarketing Online Solutions.
“Third Party Event” means an event organised by a Third Party in respect of which the Telemarketing Online Solutions is acting as ticketing agent only.
"Ticket" means any ticket for attending: i. a live, staged performance of a theatrical or operatic nature in any one of the Telemarketing Online Solutions auditoria; ii. backstage tours; iii. platforms; iv. a Event; or v. a Third Party Event offered for sale by the Telemarketing Online Solutions or its authorised agents and any reference in these terms and conditions to a ‘performance’ shall include any of these other than Products, Services, Events or Downloads.
2. GENERAL
2.1. These terms and conditions relate to the purchase and supply of Products, Services, Events or Downloads and the use of the Telemarketing Online Solutions website generally. Please read these terms and conditions carefully before purchasing any Products, Services, Events or Downloads as by doing so, you accept that these terms and conditions will govern all Contracts.
2.2. Nothing in these terms and conditions is intended to affect your statutory rights.
2.3. These terms and conditions do not apply to any product listed for sale on the Telemarketing Online Solutions shop website to which separate terms and conditions apply.
2.4. You can see details of other companies we work on behalf of on our
3. PURCHASING Products, Services, Events or Downloads
3.1. If you make a group booking, you accept these terms and conditions on behalf of all members of the group and are responsible for all payments due from the party.
3.2. Only persons who are at least 18 years of age are permitted to book Products, Services, Events or Downloads. By booking Products, Services, Events or Downloads you warrant to the Telemarketing Online Solutions that you comply with this requirement.
3.3. If there are any changes to your details once your booking has been concluded then it is your responsibility to inform the Telemarketing Online Solutions. You can manage your booking by emailing secretary [email protected]
3.4. The Telemarketing Online Solutions reserves the right to place restrictions on:
3.4.1. the volume of any Products, Services, Events or Downloads ordered; and
3.4.2. the number of places booked or for Products, Services, Events or Downloads and Third Party Events. In addition, the Telemarketing Online Solutions shall be entitled to terminate Ticket sales for a performance or a Third Party Event at such time as it shall think fit (or as directed by any relevant Third Party).
3.5. It is your responsibility to check that any Products, Services, Events or Downloads issued to you are accurate.
3.6. Any purchase of Products, Services, Events or Downloads is only valid when processed by the Telemarketing Online Solutions or an agent authorised by the Telemarketing Online Solutions.
3.7. If you wish to transfer your Products, Services, Events or Downloads into someone else’s name, you must contact the Telemarketing Online Solutions office by either email or telephone at least three hours before the start of the performance. This facility may be refused by the Telemarketing Online Solutions in the case of a Third Party Event.
3.8. If you wish to transfer your Event into someone else’s name, you must contact the Telemarketing Online Solutions office no later than 6pm on the day before the event is scheduled to take place so that the Telemarketing Online Solutions may process this change.
3.9. Except as permitted by clauses 3.7 and 3.8, your Products, Services, Events or Downloads may not be transferred or resold for commercial purposes or at a premium. If a Ticket or Event is transferred or resold in breach of this condition, the bearer of the Ticket or the person claiming the right to attend the event will be refused admission to the performance or event and any membership(s) you may have with the Telemarketing Online Solutions will be terminated.
3.10. The Telemarketing Online Solutions (or the relevant Third Party) shall be entitled to make changes as to speakers, performers, running times and such other matters as it thinks fit in the case of any event, including Products, Services, Events or Downloads and Third Party Events.
3.11. By purchasing a Ticket, you shall be deemed to consent to your being filmed where the event or performance is being filmed.
3.12. The Telemarketing Online Solutions (or the relevant Third Party) reserves the right to ask for proof of eligibility for concessions at the access points for the event or performance.
4. ADDITIONAL PROVISIONS APPLYING TO Products, Services, Events or Downloads PURCHASED ON THE Telemarketing Online Solutions WEBSITE
4.2. If you choose to purchase Products, Services, Events or Downloads over the Telemarketing Online Solutions website, your Contract will be concluded as follows:
4.2.1. completion and submission of the Online Booking Form shall constitute an offer by you to purchase Products, Services, Events or Downloads subject to these terms and conditions. You can correct any mistakes you make when filling out the Online Booking Form at any point before submitting it;
4.2.2. once you submit the Online Booking Form, the Telemarketing Online Solutions will check that you have completed all parts of the Online Booking Form and confirm that you have sufficient funds to cover the total cost of the booking. Upon confirmation of these details, the Telemarketing Online Solutions will then charge your credit or debit card accordingly. This in itself does not constitute acceptance of your offer;
4.2.3. once payment has been taken, an on-screen confirmation will be displayed and the Telemarketing Online Solutions will send you a Confirmation as soon as possible. This Confirmation shall constitute the Telemarketing Online Solutions acceptance of your booking. A Contract will be formed once you have received the Confirmation;
4.2.4. if the Telemarketing Online Solutions receives a prompt notification that the Confirmation was not delivered successfully, then the Telemarketing Online Solutions will use reasonable endeavours to notify you of its acceptance and the details of your booking by other means.
4.3. The only language available for the conclusion of a Contract online is English.
4.4. Details of all Contracts concluded online (including the method of payment but not the card details) will be kept on file by us and can be provided to you upon request.
4.5. You are entirely responsible for entering your details correctly on the Online Booking Form. By submitting an Online Booking Form you warrant to the Telemarketing Online Solutions that all details supplied by you are true and accurate.
5. PRICE AND PAYMENT
5.1. The price (including all taxes where relevant) of all Products, Services, Events or Downloads are specified on the Telemarketing Online Solutions website. These details are based on the best available information to the Telemarketing Online Solutions and the Telemarketing Online Solutions is not obliged to conclude any Contract on these terms.
5.2. The price (including all taxes where relevant) of Products, Services, Events or Downloads available for purchase online are specified on the Telemarketing Online Solutions website. These details are based on the best available information to the Telemarketing Online Solutions and the Telemarketing Online Solutions is not obliged to conclude any Contract on these terms.
5.3. The price (including all taxes where relevant) of Products, Services, Events or Downloads booked over the phone, in person or by post are displayed on the Telemarketing Online Solutions website and/or will be provided to you at the time of booking. These details are based on the best available information to the Telemarketing Online Solutions and the Telemarketing Online Solutions is not obliged to conclude any Contract on these terms.
5.4. For bookings made online over the Telemarketing Online Solutions website, the Telemarketing Online Solutions accepts payment by Paypal, MasterCard, Visa and (save in the case of a Third Party Event, unless the Telemarketing Online Solutions and the Third Party determine otherwise).
5.5. For bookings made over the phone, via email, in person, by post or by fax the Telemarketing Online Solutions accepts payment by Paypal, American Express, MasterCard, Visa, cheque and /or (save in the case of a Third Party Event, unless the Telemarketing Online Solutions and the Third Party determine otherwise).
5.6. Unless you have opted to collect your Products, Services, Events or Downloads in person (see clause 6 below), the price is subject to a non-refundable per order delivery charge of $5. If you are booking Products, Services, Events or Downloads using the Telemarketing Online Solutions website, any delivery charges will be displayed as a separate item on the Online Booking Form.
5.7. If your Products, Services, Events or Downloads are being paid for using a third party credit/debit card you must provide the Telemarketing Online Solutions with written authorization as appropriate from card holder.
6. DELIVERY OF Products, Services, Events or Downloads
6.1. You can opt to collect your Products, Services, Events or Downloads in person from the relevant Telemarketing Online Solutions box office. We will not charge you for delivery if you select this option when booking Products, Services, Events or Downloads. The option to collect Products, Services, Events or Downloads is clearly displayed on the Online Booking Form for those booking online. Please note that if you book Products, Services, Events or Downloads for a performance which is scheduled to take place within 7 days of the date of your booking being concluded, your Products, Services, Events or Downloads are subject to our cancellation policy.
6.2. If you do not choose to collect your Products, Services, Events or Downloads in person, unless requested by contacting our secretary you agree to receive your Products, Services, Events or Downloads electronically in the form of a reciept of payment and you further agree that the numbers desplayed on your receipt are equivalent to your tracking number for this product/s. Upon request the receipt /Products, Services, Events or Downloads will be posted to you by standard post. You agree that Telemarketing Online Solutions will not accept any liability for any Products, Services, Events or Downloads mislaid or lost by the Australia Post Mail.
6.3. The Telemarketing Online Solutions shall use reasonable endeavors to post your Products, Services, Events or Downloads to the address you provided when you made your booking (or to the billing address of the credit/debit card holder if they are not one and the same) within a reasonable time of your booking being concluded.
6.4. Duplicate Products, Services, Events or Downloads will not be provided in the case of loss of the originals relating to a Third Party Event.
7. REFUND AND EXCHANGE POLICY FOR Products, Services, Events or Downloads
7.1. Subject to clauses 7.2, 7.3, 7.5 and 8, the Telemarketing Online Solutions will not refund your Products, Services, Events or Downloads after purchase.
7.2. Where the Telemarketing Online Solutions or the relevant Third Party is unable to perform a Contract on the date(s) agreed because the performance in question is no longer available or viable, or is abandoned when less than half the performance has taken place, the Telemarketing Online Solutions will refund to you the face value of the Products, Services, Events or Downloads purchased (excluding any delivery charges).
7.3. Where a performance has been cancelled or abandoned when more than half of the performance has taken place the Telemarketing Online Solutions may, in its discretion (and provided any relevant Third Party agrees), refund to you the face value of the Products, Services, Events or Downloads purchased (excluding any delivery charges).
7.4. Products, Services, Events or Downloads may be exchanged for later performances (subject to availability) or credit vouchers provided that the Telemarketing Online Solutions receives your Products, Services, Events or Downloads at least 3 Days before the performance is due to take place (or at least 7 days before the performance is due to take place for group bookings). An additional per ticket handling charge of $5 will be payable by you for this service.
7.5. If you do not return your Products, Services, Events or Downloads in time to exchange them or receive a credit voucher under clause 7.4 the Telemarketing Online Solutions may, but will not be obliged to, resell them on your behalf. If your Products, Services, Events or Downloads are successfully resold the Telemarketing Online Solutions will refund to you the face value of the Products, Services, Events or Downloads purchased (excluding any delivery charges), minus an administration fee of $5 per ticket. The Telemarketing Online Solutions will sell all of its own Products, Services, Events or Downloads before it will offer returned Products, Services, Events or Downloads for resale and the Telemarketing Online Solutions cannot guarantee the successful resale of any returned Products, Services, Events or Downloads.
7.6. Telemarketing Online Solutions will issue a refund to you using the same method of payment that you used to purchase the Products, Services, Events or Downloads.
8. REFUND AND EXCHANGE POLICY FOR Products, Services, Events or Downloads
Where the Telemarketing Online Solutions is unable to perform a Contract on the date(s) agreed because the Performance /Event is no longer available or must be abandoned (including where there are an insufficient number of participants), the Telemarketing Online Solutions will inform you of this and issue you with a full refund (excluding any delivery charges and ancillary expenditure incurred by you) as soon as possible. For these purposes, a Performance /Event shall not be treated as abandoned if it is discontinued after one half of such Performance /Event has been completed. Telemarketing Online Solutions will issue a refund to you using the same method of payment that you used to purchase the Products, Services, Events or Downloads.
9. ALTERATIONS
All Products, Services, Events or Downloads are sold subject to the Telemarketing Online Solutions right to make any alterations in the Products, Services, Events or Downloads details advertised on the Telemarketing Online Solutions website or other appropriate location.
10. LIABILITIES OF THE Telemarketing Online Solutions
10.1. Subject to clause 10.3 below, the Telemarketing Online Solutions (or any relevant Third Party) will only be liable to you for direct and foreseeable losses arising as a result of:
10.1.1. a breach of these terms and conditions; or
10.1.2. any negligent act arising under or in connection with the Contract.
10.2. The Telemarketing Online Solutions (or the relevant third Party’s) total liability under clause 10.1 above shall be limited to the total face value of the Products, Services, Events or Downloads purchased.
10.3. Nothing in this clause 10 excludes or limits liability for death, personal injury or fraud.
10.4. The Telemarketing Online Solutions (or any relevant Third Party) will not be liable in any way if it is prevented from performing its obligations under or arising from any Contract due to any factors which are beyond its reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond its reasonable control:
10.4.1. acts of god, which include earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
10.4.2. force majeure which includes war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes and civil commotions;
10.4.3. power failure and failure of sound or lighting equipment.
10.5. The Telemarketing Online Solutions will not be liable for any losses incurred by you in connection with your use of the Telemarketing Online Solutions website, for any delay in using or your inability to use the website, for any information or Products, Services, Events or Downloads obtained through the website or for any material posted to the website by the Telemarketing Online Solutions or by users of the website.
CODE OF PRACTICE
The Telemarketing Online Solutions follows the Australia retailers codes of practice. The code of practice can be accessed in English by clicking on the following link: http://www.retail.org.au/codes-of-practice.aspx
12. WEBSITE USE
12.1. The Telemarketing Online Solutions website is for your own personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from the Telemarketing Online Solutions website.
12.2. The contents of the Telemarketing Online Solutions website, including any software, are protected by intellectual property rights and other related rights. No part of the Telemarketing Online Solutions website may be reproduced in any form (electronically or otherwise) without the prior consent of the Telemarketing Online Solutions, other than temporarily in the course of using the Telemarketing Online Solutions booking service or as permitted by law.
12.3. You are not permitted to link to or use all or any part of the Telemarketing Online Solutions website for any purpose which is unlawful, defamatory, harmful, obscene or objectionable.
12.4. You are not permitted to transmit anything which, in the Telemarketing Online Solutions opinion, harms the Telemarketing Online Solutions business or in any way offends other users or persons.
12.5. You are not permitted to alter the Telemarketing Online Solutions website in any way.
12.6. You must not post onto or transmit to the Telemarketing Online Solutions website any material containing software viruses or files which may damage or disrupt the good working order of computer or telecommunications equipment.
12.7. The Telemarketing Online Solutions reserves the right to refuse to post onto or remove anything from its website which, in the Telemarketing Online Solutions opinion, is objectionable or does not comply with these terms and conditions. The Telemarketing Online Solutions shall not in any way be liable for such actions.
12.8. The Telemarketing Online Solutions may record, preserve, trace and disclose anything which has been transmitted to, from or via the Telemarketing Online Solutions website where required by law or where the Telemarketing Online Solutions is acting in good faith.
12.9. If you create, or are provided with, a username, password or any other piece of information as part of the Telemarketing Online Solutions security procedures, you must treat this information as confidential. In particular, you must not disclose this information to any third party.
13. LINKS TO THIRD PARTY SITES
The Telemarketing Online Solutions website may contain hyperlinks to websites operated by parties other than the Telemarketing Online Solutions. The operation of such websites is outside the Telemarketing Online Solutions control and you proceed at your own risk. The Telemarketing Online Solutions does not endorse or sponsor and is not liable for the products, services or content you access through any linked site.
14. DATA PROTECTION
The Telemarketing Online Solutions will collect, use, store and disclose your personal details in accordance with our privacy policy which can be accessed from the Telemarketing Online Solutions website homepage.
15. CONTACT AND COMPLAINTS
If you need to contact the Telemarketing Online Solutions, or if you wish to complain about your experience purchasing Products, Services, Events or Downloads or using the Telemarketing Online Solutions website, you can do so using any of the following methods: • email: [email protected]
16. ENTIRE AGREEMENT
All the terms of any Contract are contained or are referred to within these terms and conditions.
17. SEVERABILITY
If any part of these terms and conditions is held to be unenforceable this will not affect the enforceability of the remaining provisions.
18. SAFETY AND ENJOYMENT OF SPECIAL EVENTS
18.1. The Telemarketing Online Solutions (or the relevant Third Party) reserves the right to refuse admission and may request any Ticket holders and Event participants to leave (taking any such appropriate action which may be necessary to enforce this right) before or during performances if it considers it to be necessary or desirable to do so. The Telemarketing Online Solutions (or the relevant Third Party) may also, on certain occasions, have to conduct security searches to ensure the safety of its patrons.
18.2. Latecomers will be asked to wait until a suitable break in the performance or Event before being admitted to the auditorium or other venue.
18.3. Cans or glass containers may not be brought into the auditorium.
18.4. Mobile phones and other electronic equipment must be switched off (not silenced) before entering the auditorium.
18.5. To be admitted you must be in possession of a valid Ticket. In the case of Products, Services, Events or Downloads you must have paid for that product.
18.6. Unless a performance is expressly stated to permit entry to children under the age of four, children under the age of four are not permitted to enter the auditoriums but are welcome in the foyers.
18.7. Please note that strobe lighting, smoke effects and gunshots are sometimes used in productions.
18.8. The Telemarketing Online Solutions and any authorised third parties may carry out general filming and sound recording in or about the venue. By purchasing Products, Services, Events or Downloads, you consent to you and your party being included in and to the commercial exploitation of such films and recordings without payment.
19. THIRD PARTIES
Nothing contained in any Contract is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any third party.
20. GOVERNING LAW
These terms and conditions and any Contract concluded incorporating these terms and conditions shall be governed by New South Wales law and all disputes shall be submitted to the exclusive jurisdiction of the New South Wales courts.
The Laws of NSW and the federal Laws of Australia shall govern the operations of this Website. Any and all disputes must be made in writing to the Telemarketing Online Solutions Address supplied in this website. If the matter cannot be resolved within a reasonable time-frame both parties agree to have the issues heard before an independent registered legal arbitrator in NSW as prescribed by the (Telemarketing Online Solutions). The parties will agree to the findings and rulings of the independent registered legal arbitrator as prescribed by the (Telemarketing Online Solutions).