Terms of Use
Terms and Conditions for Clear Hayes House 2024
Event Terms and Conditions
Event Promoter:
The Event Promoter is Clear Hayes Consulting Pty Ltd (ABN 47 632 283 115) of 4/235 Pittwater Road, Manly, 2095 (Clear Hayes). Clear Hayes is hosting a series of sessions and events at SXSW Sydney 2024. These sessions will be hosted at a venue branded as Clear Hayes House from October 14 – 18, 2024 (Clear Hayes House). A full agenda of the sessions can be found here
Event terms and conditions:
Information on how to register for this Event forms part of these Terms and Conditions. These Event Terms and Conditions (Terms) govern your purchase/ registration of tickets for, and attendance at Clear Hayes House events hosted by Clear Hayes (Event). It is your responsibility to review these Terms prior to the purchase/registration of tickets. By purchasing and/or registering for tickets you agree to be bound by these Terms. We reserve the right to amend these Terms at any time, and will provide the most recent version on our website.
Throughout these Terms, the terms “Clear Hayes”,”The Promoter”, “we”, “us” and “our” refer to Clear Hayes and its associated entities and agencies assisting with the management of the event on behalf of Clear Hayes, and “you”, “their” “they” “delegate” refers to the individual or business purchasing tickets or attending the Event.
Attendance to the Event is also subject to the SXSW Sydney 2024 Terms and Conditions as found here. This includes but is not limited to the Participation and Credential terms here
Event Booking and Ticket Purchase
1.1. Details of the Event, and ticket prices are available on the Event microsite (Clear Hayes House – the microsite address is here and here. Tickets may only be registered to persons aged 18 years and over. Once a ticket has been issued the person to whom that ticket has been allocated will be deemed to be the Delegate. Delegates must be aged 18+ to attend the event.
1.2. In addition to the ticket price, the delegate must pay any stated GST and any booking, handling, credit card surcharge or postage fees specified at point of purchase. Charges that relate to a payment option (i.e. credit card or payment platform) are subject to the Terms and Conditions of that respective payment option/ platform.
1.4. Ticket prices are subject to change, and Clear Hayes will use its best endeavours to inform you if there is a change. Ticket cost does not include any ancillary costs associated with attending the event. These are the responsibility of the Delegate.
1.7. A delegate’s booking is confirmed when they receive an email notification or receipt from Clear Hayes or Clear Hayes ticketing partner. Clear Hayes will maintain a list of confirmed and registered attendees for each Event, and a delegate may gain entrance to the Event by presenting their ticket either printed or digitally as instructed on / with the ticket. At the time of entry to the Event, the delegate may, at the discretion of Clear Hayes, be requested to provide proof of identity.
Refunds, Credits and Transfers
All cancellations must be made in writing to [email protected]. For Tickets that have been purchased ticket holders may cancel their tickets without penalty up until 30 days prior to the event. Cancellations received less than 14 days before the event will be non-refundable.
2.1 A ticket is transferrable to another person on the following conditions: (a) a request is submitted in writing to [email protected] containing the name of the delegate attributed to the original ticket purchase along with the contact details for the replacement guest (including name, job title, business name and email address); and
(b) the request is submitted at least 72 hours prior to the event.
Clear Hayes reserves the right to refuse entry if a replacement guest arrives at the event without the ticket being transferred via this procedure
Event Variation, Postponement or cancellation
The Event is intended to be conducted as a Face-to-Face Event. Clear Hayes may choose to Live Stream certain elements of the Event. Decision to live stream is at the complete discretion of Clear Hayes. Access to view any live streaming components will be provided by Clear Hayes. Fee to access any live streaming component will be provided clearly prior to registration to access.
3.1. Sometimes an Event (or a component of an Event) is cancelled, varied, rescheduled or postponed due to (without limitation) Force Majeure Events, government restrictions, health orders or recommendations and/or situations which affect the speaker or venue or other causes.
3.2 If an Event is varied and:
(a) that variation is to convert the Event into being only accessible as a virtual Event then: Clear Hayes will make all necessary changes to put together a Purely Virtual Event (PVE) and to provide all delegates with details and information relating to how delegates can access the solely virtual Event. Event tickets will be converted by Clear Hayes into a PVE ticket and the ticket purchaser/registrant will be notified of the change in ticket price and will have the difference refunded to the account from which the ticket was initially purchased. Please note that as some expense may already have been incurred/ need to be incurred to put on the new PVE, the ticket price may differ from a Virtual Event ticket and the amount to be refunded will be determined by Clear Hayes in its complete discretion. Refunds will only be issued to the account from which the original ticket purchase was made.
(b) In the event an Event variation is in another form (including but not limited to change in location etc), then Clear Hayes will notify all delegates with any relevant details about the variation and all details relating to a delegates options to change their ticket and/or receive any entitled refund. Refunds will only be issued to the account from which the original ticket purchase was made.
3.3 If the Event is postponed:
3.3.1 you may, at your option exercisable by notifying us in writing to [email protected] no later than 30 days after the originally scheduled date of the postponed Event, obtain a credit for the ticket price to put towards another Clear Hayes Event that occurs within 12 months of the originally scheduled date of the postponed Event; or
3.3.2 if you so elect, or if you fail to notify us in writing of your request for a credit within 30 days after the originally scheduled date of the postponed Event, your ticket will be automatically transferred to the new date for the postponed Event.
3.4.1 in circumstances where the Event is cancelled due to a Force Majeure Event, Clear Hayes will use reasonable endeavours to notify ticket holders of a cancellation, variation, rescheduling or postponement of the Event by sending an email to the address provided to us by the ticket holder and putting a notice on our website; however the responsibility to ascertain whether an Event has been cancelled, varied, rescheduled or postponed is the registered ticket holders. While we will make reasonable attempts to notify delegates, We do not guarantee that ticket holders will be personally informed of a cancellation, variation, rescheduled or postponement before the date of the Event.
3.5 Except as expressly provided in this clause 3, in no circumstances will ticket prices (or any part thereof) be refunded or credited. Any refund or credit issued will be your sole remedy for a postponement or cancellation of an Event, and we will have no further liability to you in respect of any cancellation, variation, rescheduling or postponement of an Event for any reason. Any credits issued for postponed or cancelled Events that are not used within 12 months of the originally scheduled date of the postponed/cancelled Event will be forfeited. Refunds will only be issued to the account from which the original ticket purchase was made.
Event Delegates and Conduct
4.1. Delegates are expected to behave in a professional and appropriate manner at all Events. We reserve the right to refuse entry or require you to leave if your behaviour is deemed unacceptable.
4.2. You acknowledge that personal cameras, audio and video recorders may not be permitted at certain events. Clear Hayes will advise whether this is the case at each event.
4.3. Event delegates acknowledge that Clear Hayes and/or its agency/ representatives film and photograph every event. By attending the Event each delegate consents to being filmed or photographed by Clear Hayes (or its representatives) and the Event delegate consents to Clear Hayes using their name, likeness, image and/or voice in the event that they are photographed or filmed in any media for an unlimited period without remuneration for the purpose of promoting any service and/or products supplied, and/or distributed, by Clear Hayes. No remuneration is payable for such use.
4.4. All additional expenses and ancillary costs incurred by the delegate outside of the Event program are to be covered by the delegate, e.g. accommodation, food and beverages outside of any provided meals, touring, activities, data charges.
4.5 In the event of it being found necessary, for whatever reason, that the Event is being postponed or the dates being changed, the organisers shall not be liable for any expenditure, damage or loss incurred by the delegate. In the rare event that the Event is postponed due to events beyond our control (such as natural disaster), either a new date for the Event will quickly be secured or the Event will move to being a virtual one with all Attendees being provided exact details of what that entails (including but not limited to any refunds that the delegate may be entitled to if there is a change in ticket pricing). Any refund will only be issued to the account from which the original ticket purchase was made.
Speakers
5.1 Views expressed by speakers are their own. Clear Hayes cannot accept liability for advice given, or views expressed, by any speaker at the sessions held at Clear Hayes or in any material provided to delegates. Clear Hayes reserves the right to make alterations to the conference program, speakers, venue and timings.
5.2 Details of speakers and topics are correct at the time of going to press. However, circumstances beyond the control of Clear Hayes may necessitate a change in the way a speaker presents in the Event (including but not limited to “live appearance” becoming a “virtual one”) and/or substitutions of speakers and topics for which Clear Hayes cannot be held responsible. Any changes to the program will be noted on our website and you should check regularly for updates. A change in speaker and or the form in which a speaker presents at the Event does not entitle any delegate to a refund for tickets purchased..
Privacy
As the Event Promoter Clear Hayes collects personal information (“PI”) in order to manage the registrations to and delegates attending the Event and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, suppliers and, as required, to Australian regulatory authorities. Entry to the Event is conditional on providing this PI. The Event Promoter will also use and handle PI as set out in its privacy policy, which can be accessed by visiting the Privacy Policy link on the Promoter’s website. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may also, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the delegate. You may unsubscribe from these communications using the unsubscribe facility provided in each communication. Delegates should direct any request to opt out, access, update or correct PI to the Event Promoter and direct any complaints regarding treatment of their PI according to the Privacy Policy.
Event Sponsor
By registering for a ticket to attend a session at the Event you agree to receive marketing communications from Event sponsors. Clear Hayes will securely pass on your name and email address to our Sponsor partners in order for them to provide you with the marketing communications you opted into receive. The Sponsors collection, use and disclosure of personal information provided in this way is subject to their respective Privacy Policy. In the event you wish to unsubscribe from any communication sent by a Sponsor, you will need to notify that business using contact details provided in their respective Privacy Policies or via unsubscribe facilities provided in their communications.
Ticket Seller Terms:
The ticket sales for specific sessions are managed on behalf of Clear Hayes by Eventbrite. All ticket sales are subject to Eventbrite ticket purchasing Agreement and Eventbrite collection, use and disclosure of personal information is as outlined in the Eventbrite Privacy Policy. Contact details of delegates provided to Eventbrite for the purpose of ticket purchases for the Event, will be provided to Clear Hayes. All delegates will have their name and email address added to the Clear Hayes database and will have their data used as outlined in Clause 6.
Limitation of Liability
8.1. To the extent permitted by law, we exclude all conditions and warranties relating to your purchase of tickets for and attendance at Events.
8.2. Where our liability cannot be excluded, such as in relation to Consumer Guarantees under the Australian Consumer Law or other prescribed terms under legislation, our liability for breach is limited to the face value of the ticket purchased by you, plus any relevant booking and delivery fees. Any refund will only be issued to the account from which the original ticket purchase was made.
8.3 We will be excused from performance under these Terms and in relation to Events to the extent such performance is affected by a Force Majeure Event.
Miscellaneous
10.1. These Terms shall in respects be governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises under these Terms.
10.2. If any provision of these Terms is deemed invalid or unenforceable, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms.
10.3. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.
10.4 In these Terms, a “Force Majeure Event” means any of the following (whether or not foreseeable or anticipated): acts of God, terrorism, war, civil unrest, strike or labour dispute, lack of transportation, breakdown, labour or material shortage, blockade or embargo, supplier failure, epidemic or pandemic, government restriction, health order or recommendation, legal requirement, extreme weather, earthquake, drought, fire, flood, explosion, natural disaster, and/or any other event, cause or circumstance that is beyond our reasonable control.
10.5. These Terms constitute the entire agreement between Clear Hayes and you in relation to the Events.
Definitions
In these Terms, the following terms have the following meaning:
Additional charges include all delivery, handling and storage charges; goods and services tax; stamp duty; interest; legal and other costs of recovery of unpaid money, and all other government imposts; and all money, other than the purchase price, payable by the customer to Clear Hayes arising out of the sale of the goods or the provision of the services.
Delegate means the customer who purchases/registers for tickets for the Clear Hayes Event, is nominated as the delegate for a valid ticket for a session at the Clear Hayes Event.
Ticket price means the price of ticket for the Event.
Purchase price means the list price for the goods as charged by Clear Hayes at the date of delivery, or such other price as may be agreed by Clear Hayes and the customer prior to delivery of the goods.
Services means those services sold by Eventbrite on behalf of Clear Hayes to the customer, including tickets to events.
Cancellation date means the date upon which a cancellation of ticket has occurred, subject to the timeframe it has been cancelled prior to the event. See below for cancellation-date terms.
GST means Goods and Services Tax.
Limitation of Liability
Certain laws imply terms, conditions and warranties (prescribed terms) into contracts for the supply of goods and services and prohibit the exclusion, restriction or modification of such term, conditions and warranties. The liability of Clear Hayes in respect of a breach of a prescribed term or any warranty made under these terms of sale is limited, to the extent permissible by law and at the option of Clear Hayes to:
In the case of services, the supply of the services again; or the payment of the cost of having the services supplied again; and In the case of goods, the replacement of goods or the supply of equivalent goods; the repair of goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
Unless the terms and warranties are included in these Terms, all prior discussions, quotations, warranties and Prescribed Terms, to the extent permitted by law, are excluded and Clear Hayes will not be liable for any loss or damage or for consequential loss or damage of any kind arising out of the supply or failure to supply of goods or services, or arising out of Clear Hayes’ negligence or in any way whatsoever.
