Last updated: November 2018
The website fomofestival.com.au and the associated sites and applications (“Site”) is owned and operated by FOMO FESTIVAL Pty Ltd trading as FOMO FESTIVAL (“FOMO FESTIVAL” or “we”, “us” and “our”)
We run a variety of business activities, including live music events. The Site is primarily set up so that we can communicate to you about our events, as well as our other business activities. We take the way that people interact with the Site very seriously. The terms and conditions for the use of the Site as well as the terms upon which we supply our products to you are explained below (“Terms”).
By using the Site, purchasing a ticket to any of the events featured on the Site or purchasing any other product or service via the Site, you agree to be legally bound by these Terms.
Use of the Site
You must only use the Site in accordance with these Terms and any applicable laws.
You must not:
(a) interfere with or disrupt the Site or the servers that host the Site;
(b) use data mining, bots, screen scraping or similar data gathering and extraction tools on the Site;
(c) interfere with security-related features of the Site; or
(d) use any features of the Site to conduct any unlawful activity.
Information on this Site
All intellectual property on the Site is either owned by or licensed to us. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, except as permitted by law or with our written consent.
Some information about products on the Site is based on material provided by third party suppliers (such as artists, publicists, agents, other promoters, venues and ticketing outlets). Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
We reserve the right to change any information or materials provided on the Site, including information about our events and our business. It is your responsibility to ensure that you have the most up-to-date information about any events or other activities featured on the Site.
To the extent permitted by law, this clause states our entire liability, and your sole and exclusive remedies, for the performance, non-performance, purported performance or delay in performance of these Terms. Nothing in these Terms excludes or limits your legal rights as a consumer or our liability for fraud, death or personal injury caused by our negligence, any breach of the obligations implied by law, or any other liability which cannot be excluded or limited by applicable law. In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.
To the extent permitted by law, we do not warrant in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site. We exclude all liability for the transmission of or the failure to transmit any material of whatever nature. You should make your own enquiries before forming your own opinion on whether or not to take part in any of our business activities or to otherwise engage with any of the content on the Site. To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our events, our services or these Terms. Our total liability under any contract shall in no circumstances exceed the value of the relevant purchase (if applicable).
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
These Terms contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms except as expressly stated in these Terms.
We will not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control (or by any damage caused by any of such events).
If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms will not be affected.
These Terms will be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
If you would like to contact us in relation to these Terms please contact us at:
Post: 24 Strickland street, Rose Bay, NSW 2029
We may update these Terms from time to time. Amendments will be published on our web page at fomofestival.com.au.