The Gardeners of Unearthly Delights – ABN 34 558 314 099
Before proceeding with your booking please read these terms and conditions carefully. These terms and conditions incorporate the basis upon which bookings are accepted by The Garden.
The following terms will have the following meaning in these Terms and Conditions
1.1. “The Garden” or “The Gardeners”, “us”, “we”, “our” - means The Gardeners of Unearthly Delights of PO Box 2197 St Kilda West VIC 3182. ABN 34 558 314 099.
1.2. “you”, “your” - means the Customer
2. Terms and Conditions
The following terms and conditions apply to:
2.1. the purchase of tickets for performances and events at The Garden’s venues on behalf of the organisations or artists responsible for providing the event;
2.2. the purchase of tickets for performances or events at any other venue which The Garden of Unearthly Delights makes available for purchase; and
The inclusion of 2.2 is in addition and does not abrogate your responsibility to comply with the terms and conditions of the other venue.
3. Amendments to Terms and Conditions
3.1. The Garden may vary these Terms and Conditions at any time. The Garden will post the varied Terms and Conditions on its website.
3.2. By making a purchase from The Garden, you agree to be bound by the Terms and Conditions as they stand at the time of your purchase.
4. Conditions of Purchase
4.1. All ticket prices for performances or events that occur or are provided in Australia are stated in Australian Dollars, and include GST where applicable.
4.2. All ticket prices include a customer booking fee.
4.3. Any tickets purchased and paid for by credit card will incur a 1.1% surcharge
4.4. Prices are subject to change without notice.
4.5. Ticket sales for particular performances or events may be subject to limits on the number of tickets a particular person may purchase. The Garden may cancel or refuse to accept orders which it believes are placed in excess of any such limits. This includes orders associated with the same name, email address, billing address, credit card number.
4.6. If the amount you pay for a ticket is incorrect, The Garden may cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether the error arose due to:
4.6.1. an error in a price posted on this web site or otherwise communicated to you, or if you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale; or
4.6.2. human error or a transactional malfunction of a Garden of Unearthly Delights-operated system.
4.7. Tickets for performances and events at the venues are valid only when purchased from The Garden, or from a person authorised by The Garden to sell or distribute tickets. Beware of forged or fraudulently acquired Garden tickets. Buy Garden tickets only at a Garden outlet or online at gardenofunearthlydelights.com.au. If you buy counterfeit or forged tickets, you may be liable for prosecution.
4.8. Tickets may not, without The Garden’s prior written consent, be on-sold at a premium, offered as a prize or inducement, packaged or otherwise used for advertising, promotional or other commercial purposes. The Garden reserves the right to refuse admission to the bearer of any ticket sold or otherwise provided or distributed in breach of this condition. Use of tickets in a manner which breaches any of these terms and conditions may attract criminal penalties.
4.9. The Garden will hold ticket proceeds in a separate account. If applicable, Consumers will be entitled to a refund from that account.
5. Conditions of Attendance
5.1. The Garden and the venue’s management reserve the right to refuse admission.
5.2. The Garden and the relevant event venue may impose additional specific conditions in relation to entry or attendance to a particular event.
5.3. The Garden is a venue licensed for the service of alcohol. In the interest of all people attending, The Garden promotes responsible service and consumption of alcohol at all times. All patrons must adhere to The Garden's policies and abide by the relevant liquor licensing regulations. They must respect The Garden bar and security staff in their duty to uphold The Garden’s service and safety policies. Patrons are reminded that it is an offence to supply alcohol to a minor, bring alcohol into or from a licensed premises, consume alcohol if intoxicated and to remain on licensed premises if intoxicated.
5.4. The Garden has some restrictions on smoking. All performance venues within The Garden and some areas within The Garden precinct (eg. the food court area, 4m from any venue entrance, bar areas or staffed areas such as box office or information booth) are designated as strictly non-smoking. The Garden requests that anyone that should choose to smoke in an allowed area, be at all times considerate of other patrons of The Garden, especially children.
5.5. Mobile phones and other electronic devices must be switched off during all performances.
5.6. No drugs, weapons, glass containers, alcohol or lasers may be taken into The Garden
5.7. No audio or video recorders or cameras may be taken into the venue or used without permission of the event organiser and venue management by prior arrangement. A breach of this condition may lead to the confiscation of all equipment and removal of the patron from the venue.
5.8. The Garden reserves the right to exclude latecomers at certain events or to admit only at a suitable point in the performance.
5.9. You must not engage in offensive or inappropriate behaviour at an event, including but not limited to by wearing or otherwise displaying any commercial, political, religious or offensive signage or logos.
5.10.The Garden and/or the event organiser reserves the right to film, video, record, photograph, broadcast or telecast the event. You agree that you may be filmed, taped, interview, photographed or recorded while attending an event and you consent to The Garden or third parties engaged by The Garden filming, taping, interviewing, photographing or recording you. You further agree that The Garden may use, publish, edit, incorporate or otherwise exploit (and authorise others to do the same) any materials produced for any purpose without further reference to you.
5.11.Without prejudice to any other rights which The Garden may have, if you contravene any of these Terms or Conditions, you may:
be refused entry to, or remove from, the venue;
have you ticket confiscated and/or cancelled without refund or recompense; and
be disqualified from purchasing tickets for or entering in to other events
In the event that you are refused entry to an event for any reason, then, in accordance with these Terms and Conditions, no refund will be paid.
6. Tickets purchased through The Garden’s Website
6.1. You agree that your use of The Garden’s website to purchase tickets is at your own risk. To the extent permitted by law, The Garden excludes all liability for any direct, indirect, incidental, special or consequential loss arising out of or in connection with your use of any Garden website, and makes no representations or warranties as to the operation or functionality or any other aspects of the payment process
6.2. You must maintain the confidentially of your account details for any Garden website and take all reasonable steps to prevent unauthorised access.
6.3. You warrant that any purchase made using your account for The Garden’s website is made in your own right or with full authority. You agree to indemnify The Garden and its officers, directors, employees, consultants, licensors, suppliers and agents from all or any claims made by any persons claiming such transactions to be unauthorised
6.4. You will be asked to provide The Garden with your current address and other contact information when you purchase tickets from The Garden, or open an account with The Garden, via The Garden’s website. When you do so, you must ensure that you provide The Garden with your current, complete, and accurate information.
7. Confirmation and delivery
7.1. If you do not receive an order confirmation number (in the form of a confirmation page or email) after submitting payment information, it is your responsibility to confirm with The Garden that your order has been successfully placed. The Garden will not be responsible for any losses you incur if you assume that an order was successfully placed having not received a confirmation number.
7.2. The Garden sends tickets in Australia to the billing address of the credit card holder.
7.3. If you have selected delivery through the mail, please refer to your confirmation email for delivery information and timeline.
7.4. During The Garden’s Box Office operational hours, if you select ‘Collect at Box Office’, event tickets will be available from 10 minutes after you complete your purchase and receive a confirmation email. You will need to present your confirmation number, the credit card used to purchase tickets, photo identification and valid concession cards.
7.5. Tickets purchased 7 working days (or less) prior The Garden’s season beginning will not be posted out, and can be collected at The Garden box office. Photo ID and/or the credit card used in the transaction must be presented by the original ticket purchaser for collection.
8. Companion Card Scheme
Companion cards are honoured. A valid Companion Card or valid Companion Card Number must be produced at the time of the booking to gain access to the Companion Card Scheme offer. Details of use are contained on the Companion Card website www.companioncard.org.au.
9. Changes to performance and events
The right is reserved by the event organiser to add, withdraw or substitute artists or vary advertised events, ticket prices, audience capacity or seating arrangements and make other variations as necessary.
10. Refunds, Replacements and Exchanges
10.1.There is no right of refund or exchange on tickets.
10.2.If an event is cancelled no obligation is assumed by The Garden for arranging a substitute event. If the event organiser permits refunds, the customer booking fee included in the advertised ticket price is non-refundable. Refunds for tickets purchased by credit card will be refunded to that credit card. Tickets purchased by cash, cheque or EFTPOS will be refunded by cheque. Any tickets purchased through FringeTIX must be directed to Adelaide Fringe for refund (if refund permitted by Adelaide Fringe).
10.3.If a performance is cancelled due to an act of God, natural disaster, adverse weather or for any other cause reasonably beyond The Garden’s control, there is no right of refund or exchange, and no obligation is assured for the arranging of a substitute service, event or performance.
10.4.Replacement of lost or stolen tickets is subject to approval from the event organiser. The Garden reserves the right to not replace general admission tickets. Proof of original purchase must be presented for replacement of tickets to reserved seating events. The Garden reserves the right to charge a fee for any re-issued tickets.
10.5.The Garden collects your personal information in case of an event cancellation or change. If you fail to supply sufficient and appropriate contact information The Garden is not responsible for failure to contact you.
11. Price Categories and concessions
11.1.If concessions are applicable valid identification will be required upon collection of tickets and/or at the venue. The venue has the right to deny entry to a ticket holder if they cannot provide proof of concession or membership entitlement.
11.2.Where advertised concession price applies to customers holding valid identification as pensioner, senior, student or unemployed.
11.3.Where advised, Family tickets may be purchased that allows either 2 adults and 2 children or 1 adult and 3 children to attend a performance
11.4.Where advertised, a discount for groups booking more than six tickets will apply. Group tickets must be purchased in one transaction for discount to apply.
11.5.Where advertised, Child ticket price applies to children aged under 12.
11.6.Where advertised, Preview ticket prices apply to performances prior to the official opening of an event.
12. Under Age Policy
Unless a specific event is listed as 18+, all venues and events are all ages. However minors are allowed to enter The Garden until midnight and permitted to remain in The Garden after midnight if they are seeing a ticketed show that starts prior to midnight and finishes by 1.00am. All minors, accompanied or otherwise, cannot enter The Garden after midnight. All minors must be off site, regardless of show tickets or timing, strictly by 1:00am.
13. Babes in Arms
Unless otherwise specified, children 18 months and under can sit on the lap of a carer free of charge. Any child over this age must have a valid ticket. No children, including babes in arms are permitted to Restricted 18+ performances.
14. Program Guide Details
Program guide details are correct in all Garden publications at the time of printing but are subject to change where necessary and without notice.
15.1.The Garden takes no responsibility for loss or damage to personal property.
15.2.You are responsible for your own safety and property while attending an event, and to the extent permitted by law you release The Garden and its officers, directors, employees, consultants, licensors, suppliers and agents from any liability for any claims, damage or loss you may suffer in relation to your attendance at an event, howsoever caused, including due to any negligence or other act or omission of The Garden
15.3.You agree to indemnify The Garden and its officers, directors, employees, consultants, licensors, suppliers and agents against any claims, loss or damage suffered as a result of your wilful reckless or negligent acts or omissions at an event
15.4.The Garden is not liable for any claims, damages, compensation, losses or expenses that may be suffered or incurred as a result of an event being cancelled, postponed or changed.
17. LPA Code of Practice
The Garden complies with the Live Performance Australia (LPA) Ticketing Code of Practice, which governs the purchase and use of tickets to Live Performance events and related matters. Consumer and Industry codes are accessible to the general public at www.liveperformance.com.au.
18. Complaints or Questions
If you have a complaint or question regarding The Garden’s Terms and Conditions of sale please contact The Garden in the first instance: