Performance 7

Terms and Conditions of Sale

Performance 7 (“Performance 7”) provides ticketing services, including the sale and distribution of tickets, as agent for Scaling Up Global (the “SUG”). In providing these services, Performance 7 owns and operates www.Performance7.global (the “Site”).

Please read these terms of use carefully before using the Site. By using this Site you are agreeing to be bound by the following terms and conditions. If you do not wish to be bound by the following terms and conditions then Performance 7 does not grant you the right to use this Site and you must not use this Site. By purchasing a ticket from this Site, you agree to be bound by these Terms and Conditions. These Terms and Conditions relate both to the use of the site, sale of tickets and attendance at events. These Terms and Conditions apply to both the original purchaser and any subsequent ticketholders (“you”).

Variation to Terms and Conditions

Performance 7 may vary these Terms and Conditions at any time by updating them. Any variations to the Terms and Conditions will apply to ticket purchases even if tickets were purchased prior to any variation.

Additional SUG Terms and Conditions

Each ticket is also sold subject to any additional terms and conditions of SUG for the particular event (including their Conditions of Entry) (“SUG’s Terms”). The SUG’s Terms may be disclosed as part of the event information on Performance 7’s website and at Performance 7 agents and outlets at the time of purchase. The SUG’s Terms and Conditions of Entry are also available from Performance 7 on request, such request to be made in writing to Performance 7.

General Terms and Conditions

Performance 7 acts as agent for SUG in the sale of all tickets. As such, except as specified in these Terms and Conditions, all claims in connection with tickets or events are the sole responsibility of SUG and, except to the extent required by law (including the Australian Consumer Law) Performance 7 otherwise has no liability to you (or any third party that you may represent).

Without limiting other remedies, Performance 7 may limit, suspend or terminate the Performance 7 account of users who are acting inconsistently with these Terms and Conditions, including the accounts of users who we believe are harassing, threatening or abusing our employees or other users or who act in an unlawful or inappropriate manner. For clarity, Performance 7 may limit, suspend or terminate the Performance 7 account of a user which has been activated primarily to circumvent temporary or permanent suspensions already in place with respect to a different account without the need to provide any reasons as to the suspension and/or termination.

Refund Policy

Performance 7 will only offer a refund or exchange of a ticket if an event is cancelled or to the extent otherwise required by law (including the Australian Consumer Law). Performance 7 does not offer refunds or exchanges as a result of a change in your personal circumstances or personal views.

If an event is cancelled all liability is limited to the amount for which the ticket was purchased (including any fees or charges). Proof of purchase is required for any refund or exchange. Unless required by law (including the Australian Consumer Law), neither Performance 7 nor SUG will be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses.

Refunds will be automatically processed to the credit card originally used for purchase.

Variations to performances or events

SUG reserves the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity, without notice to you.

If a speaker or facilitator is ill or is unable to attend for any reason whatsoever, SUG will arrange a replacement speaker and/or facilitator with equal ability to speak during the scheduled session.

Conditions of entry

Admission to an event is subject to SUG’s Terms and Conditions.  In particular, the following form part of SUG’s terms unless otherwise specified:

1. You may be denied entry into, or removed from, an event where SUG has reasonable grounds to do so, including if you breach these Terms and Conditions or SUG’s Terms and Conditions, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the event by others.
2. If you arrive late, you may not be admitted until a suitable break in the event.
3. You may not be permitted to take into the event, or use, cameras or other photographic or recording equipment (including mobile phones).
4. You may be required to submit to a search of your person and/or possessions before entering the event.

COVID-19 specific conditions of entry

1. You acknowledge that the event may be scheduled to be held, or will be held, during a time at which one or more Government directions or regulations may be in force regarding the number of persons attending an event (or the holding of the event itself). If that is the case, then the number of persons permitted to be in or around the venue may be affected, resulting in SUG (or Performace7, on behalf of SUG) being required to or deciding to:
   1. cancel or postpone the event;
   2. reduce the number of persons who may attend the event;
   3. change your seating allocation; and/or
   4. change any standing or seating configurations for attendance at the event;

in which case You may receive a refund in accordance with these Terms and Conditions of Sale.

1. You agree to comply with all Government directions, orders and regulations relevant to attending live events, which may be in place at the time of the event.
2. If you are attending the event as part of a group, as the primary ticket purchaser, you are responsible for knowing the contact details of all attendees in your group. In the event you are contacted directly by the Government, including the Department of Health for the purposes of contact tracing, you must: (a) make the contact details of your group available to the Government (if you have the consent of each group member to do so); or (b) contact each member of your group, and request that they provide their contact details to the Government directly.
3. All attendees in your group, including yourself, must commit to stopping the spread of COVID-19. If at the time of the event, either you, or any other members of your group are feeling unwell or are subject to a self-quarantine or self-isolation period, you agree not to attend the event. If you do attend the event, you agree to assume all risk associated with COVID-19.

Authenticity and validity of tickets

Entry to an event may be refused if the authenticity or validity of a ticket is questionable or has not been purchased from Performance 7 or other authorised points of sale.

Resale of tickets & scalping

Tickets may not, without the prior written consent of Performance 7 and SUG, be resold or offered for resale at a premium (including via on-line auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the ticketholder of the ticket may be refused admission. Performance 7 will use reasonable efforts to notify you of such action.

SCALPING WARNING: The resale of tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties.

System Errors

While Performance 7 takes all reasonable care to ensure that tickets are correctly priced and only available for sale when intended, sometimes errors may occur. Performance 7 may cancel an order made as a result of any such error, although in the case of a pricing error Performance 7 will endeavour to contact you to give you the option of purchasing the ticket at the correct price.

Customer Errors

If an error on your behalf results in Performance 7 reprocessing the ticket transaction at your request, Performance 7 may charge to you the actual costs incurred in reprocessing the ticket transaction, including any chargeback or postage fees charged to Performance 7 by a third party.

Use and Copyright

You may use the Site and the information contained within it for your own personal and non-commercial reference only. You agree that you will not hack into the Site nor employ any robot, spider or other device or process to use the Site for any unauthorised purposes. You agree that you will not take any action that imposes an unreasonably large burden on the Site.

The information contained within this Site (including programming scripts, graphics and logos) are copyright of Performance 7 and its related companies. You may make any copies of any information reasonably incidental to your viewing of the Site and may retain a single permanent copy for your personal reference. The information may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited) without the prior written approval of Performance 7 or its related companies.

Violation

If you violate these Terms and Conditions, without limiting any other remedies available, Performace7 may without notice to you:

1. cancel your tickets and ticket orders without a refund;
2. prohibit you from using the Site;
3. restrict your ability to make future ticket purchases through Performace7; and
4. if required by law, or by subpoena or an enforcement body, disclose information about you and your use of the Site for the investigation of any unlawful or harmful activity.

Trademarks

The trademarks appearing on this Site are trademarks of Performance 7, their related companies or their affiliates. Other trademarks displayed on the Site are trademarks of their respective owners. Nothing contained on this Site should be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of Performance 7 or the relevant affiliate, or third party owner.

Limitation of Liability

To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and its content, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not we know of the possibility of such damage. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with the foregoing, but allows a limitation of a certain maximum extent then our liability is limited to that extent or in the absence of that, is limited to $1.00 AUD.

General Provisions

If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect. This agreement is governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Collection Statement – Ticket Purchase

(required under Australian Privacy Principle (“APP”) 5)

Performance 7 (“Performance 7/we/us”) will collect, store and use the personal information you have provided to us pursuant to the terms of this Collection Statement and our Privacy Policy.

Uses of your personal information

The primary purpose for which Performance 7 is collecting your personal information is to provide you with ticketing services such as to process any ticket or other purchase you may have made with us, and to contact you if there is an event cancellation or change in event details, or for the replacement of lost tickets.

You agree that we may also use your personal information for related secondary purposes including to:

• manage your dealings with us;
• allow venue operators, authorised ticket on-sellers and promoters of events for which you purchase tickets to use it for operational purposes and, with your consent, marketing and promotional purposes;
• for business research and development of new products and services;
• for the conduct of data analytics and predicting trends;
• send marketing and promotional material about our products and/or services (or the products and/or services of our affiliates) that we believe you may be interested in;
• engage in marketing services in connection with the product and services we provide;
• fulfil purposes otherwise required/permitted by law (including the Privacy Act); and
• fulfil any other purpose as expressly listed in our Privacy Policy.

If you don’t provide us with the personal information requested or the information provided is incorrect or incomplete, this could impact the level of service we are able to provide to you.

Performance 7’s Privacy Policy

Please see Performance 7’s Privacy Policy for further details regarding:

a. how you may access or correct any of your personal information collected by Performance 7; and

b. how you may lodge a complaint with Performance 7 for a breach of any APP or APP code, and how Performance 7 will action such complaint.