Ticket Terms and Conditions

Conditions of Entry

The Bend Membership
 

Website Term of Use 

Thebend.com.au is an online website and service operated by The Bend Motorsport Park Pty Ltd ABN 91 609 932 685 trading as The Bend Motorsport Park and its related bodies corporate (TBMP, we us or our). Any promotion, competition, product or service identified or contained in this website (Site) is subject to these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY USING THE SITE YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS OF USE. IF YOU CHOOSE NOT TO BE BOUND BY THE FOLLOWING TERMS OF USE THEN TBMP DOES NOT GRANT YOU THE RIGHT TO USE THE SITE AND YOU MUST NOT USE THIS SITE. YOU MUST NOT USE OR ACCESS THE SITE IN VIOLATION OF THESE TERMS OF USE.

Registration may be required to access
We may require you to register with us in order to access some parts of the Site. Where you register with us, you must keep your registration details confidential; you will be responsible for any access to the Site using your registration details, even if the access is by another person

Variation
TBMP reserves the right to make changes to this Site, policies, and these Terms of Use at any time and without notice to any third party. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term. Our current terms and conditions are published on our Site. 

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 TBMP and its related bodies corporate. 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 TBMP or its related bodies corporate.

Hyperlinks
TBMP, make no representations about websites accessed through this Site which are not maintained, controlled or created by TBMP. TBMP does not endorse these sites and is not responsible for their content.

Breach of Terms of Use 
If you violate these Terms of Use, without limiting any other remedies available, TBMP may without notice to you:

  1. Prohibit you from using the Site;
  2. Cancel your tickets and ticket orders, or orders for other products or services, with or without a refund (at our sole discretion);
  3. Restrict or prohibit your ability to make future ticket or service purchases through TBMP; 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 primarily trademarks of TBMP, or its related bodies corporate. 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 TBMP its related bodies corporate, or third party owner (as the case may be).

Privacy
The TBMP Privacy Statement is incorporated into these terms of use.

Online Sales
Where you make a purchase through this Site, you are bound by the TBMP Online Purchases Terms and Conditions in relation to that purchase.

Your obligations 
Where the Site requires to you to submit information or upload content, such information or content must not:

  1. Be illegal;
  2. Be pornographic, sexually explicit, violent or obscene;
  3. Request personal information from anyone who is under 18 years old;
  4. Racist or hateful or promote racism or hatred towards another person or group of persons;
  5. Be threatening, abusive or harassing of another person or group of persons;
  6. Infringe any person's intellectual property rights, including copyright or trade mark rights;
  7. Be malicious, defamatory or vilify;
  8. Be misleading or deceptive;
  9. Negatively affect our reputation or brand;
  10. Transmit malware, viruses or other harmful computer code;
  11. Send a commercial advertisement, an affiliate link;
  12. Solicit other users to buy or sell goods or services;
  13. Tamper with, hinder the operation of or make unauthorised modification to the Site;
  14. Inhibits any other user from using the Site.
     

We may monitor your content at any time. If you we consider that you have breached these terms of use, we may immediately, and without notice to you:

  1. Refuse to publish Your Content;
  2. Edit Your Content (before or after it is published);
  3. Take down Your Content;
  4. Report your conduct or Your Content to relevant authorities; and/or
  5. Take any other remedial action we consider necessary.


Where you submit, post, transmit or otherwise make any material available via the Site, you grant to us, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your content for the reasonable purposes of our business, and the right to sub-license those rights to others. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content.

You warrant that you have the right to grant the above licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the content is not defamatory and does not breach any law.

We may monitor or review your content, but we are not obliged to do so. We may also alter or remove any of your content at any time, including to ensure the operational integrity of our services.

General Disclaimer
TBMP is not liable for any loss suffered in connection with the use of this website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Warranties 
Unless otherwise stated on this Site or as required by law, everything on this Site and all products displayed on the website are provided to you "as is" and, to the extent permitted by law, is provided without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

We do not warrant that your access will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. 

We do not warrant or make any representations regarding the use of or result of the use of the material in this Site in terms of their correctness, accuracy, reliability or otherwise. You will use this Site at your own risk and you agree to assume the entire cost of all necessary servicing, repair or correction, incurred on account of your access to, use of, or browsing in the Site (including accessing hyperlinks) or your downloading of any materials, data, text, images, video, or audio from the Site. 

We are not responsible for the content of any third party website linked to or from the Site. Your linking to any other third party website is entirely at your own risk and is only provided for your convenience and should not be interpreted as an endorsement of the owner/sponsor of the website or the content of the website. To the maximum extent permitted by law, we disclaim all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such third party websites.

Limitation of Liability
To the extent permitted by law our aggregate liability to you, 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, the site or the content available through the site is limited to the AUD $50.00 or an amount for which a product was purchased from this Site, whichever is greater. 

To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, 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. 

You represent and warrant to TBMP and its related bodies corporate, employees, agents and contractors that they will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with this Site, a product or service purchased from this Site or these Terms. 

You agree to indemnify TBMP and its related bodies corporate, employees, agents and contractors and keep us indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by TBMP arising out of or in connection with the Site:

  1. A breach of these terms and conditions by you; or
  2. Any infringement of any Intellectual Property on the Site.


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 South Australia, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of South Australia, Australia.

A failure or delay by TBMP to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by TBMP does not preclude its future exercise or the exercise of any other power or right.


Online Purchases Terms and Conditions


The Bend Motorsport Park Pty Ltd ABN 91 609 932 685 trading as The Bend Motorsport Park and its related bodies corporate (TBMP, we us or our) may provide various services, including the sale and distribution of tickets, products and services such as memberships products, in connection with events held at the Bend Motorsport Park (Product).

Please read these Terms and Conditions carefully before purchasing a Product on this website (Site). By purchasing a Product from TBMP, you agree to be bound by these Terms and Conditions, which includes all other terms and conditions published on this Site from time to time. 

These Terms and Conditions relate both to the sale of Products and attendance at events. These Terms and Conditions apply to both the original purchaser and any subsequent Product holders (“you”).

Variation to Terms and Conditions

TBMP may vary these Terms and Conditions at any time by updating them. Any variations will only apply to Product purchases made after these Terms and Conditions have been updated. Our current terms and conditions are as published on this Site. 

Additional Seller Terms and Conditions

From time to time, the Products will be offered for sale and distribution by TMBP as agent for a promoter or person responsible for holding the relevant event (Seller). These Products are sold subject to any additional terms and conditions of any third party Seller for the particular event (Seller’s Terms). The Seller’s Terms may be disclosed as part of the event information on TBMP’s website at the time of purchase. The Seller’s Terms are also available from TBMP on request.

TBMP may act as agent for the Seller in the sale of any Products. As such, except as specified in these Terms and Conditions, all claims in connection with Products or events are the sole responsibility of the Seller and, except to the extent required by law (including the Australian Consumer Law) TBMP otherwise has no liability to you.


Pricing


All prices are in Australian Dollars (AUD) and, if GST applies, inclusive of GST.

TBMP may vary the prices displayed at any time by updating them. Prices will only be fixed once your order for the Product has been accepted and you have received a written confirmation of order sent to your nominated email address (Confirmed Orders). Subsequent price changes (either up or down) will not be retrospectively applied to Confirmed Orders.


Ordering Process


You may order a Product by following the instructions available on the Site.
 
Payment methods are specified on the Site at the time orders are placed. They may include credit cards and other online payment facilities operated by a third party.  The name on any credit card used for payment must match the name on the order.

Any payment for an order must be cleared by TBMP before the orders are confirmed. Payment for the Product must be made in full before the order is processed by TBMP. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Site. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your order.

Orders will be deemed to have been accepted by TBMP and the Seller (as the case may be) at the time TBMP sends a written confirmation of order sent to your nominated email address.


Refunds, exchanges and replacements


TBMP will only offer a refund or exchange of a Product if an event is cancelled, rescheduled or significantly relocated by the Seller (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law). You must apply for a refund within a reasonable time, being within 14 days of receiving notification that the event is cancelled, rescheduled or relocated (provided always that the refund request is made not less than 7 days before the event is held).

If you wish to apply for a refund, you send a written request to TBMP at sales@thebend.com.au and quote the order reference number. Refund requests made after the event has been held will not be invalid.

TBMP does not offer refunds or exchanges as a result of a change in your personal circumstances.

If an event is cancelled, rescheduled or significantly relocated by the Seller, all liability is limited to the amount for which the Product was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Unless required by law (including the Australian Consumer Law). Neither TBMP nor the Seller 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.

TBMP will only replace lost, stolen, damaged or destroyed Products if the authenticity of the Product can be verified, including proof of purchase, and if you give reasonable notice before the event. TBMP may charge a reasonable fee for the replacement of Products.

You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an event. You may also wish to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling or relocation.


Variations to events


The Seller reserves the right to add, withdraw, reschedule or substitute artists, performers and other event particulars and/or vary advertised programs, prices, venues, seating arrangements (including Product categories) and audience capacity.


Authenticity and validity of Products


Entry to an event may be refused if the authenticity or validity of a Product is questionable, including because the Product has been damaged or defaced in any way, or has not been purchased from TBMP or other authorised points of sale.


Resale of Products & scalping


Products may not, without the prior written consent of TBMP and the Seller, 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 Product is sold or used in breach of this condition, the Product may be cancelled without a refund and the Product holder of the Product may be refused admission. TBMP will use reasonable efforts to notify you of such action. Scalping warning: The resale of Products in certain circumstances is governed by Product sales legislation and may attract criminal penalties.


Collection and delivery of Products


You must allow adequate time for collection or delivery of Products. Methods of collection and/or delivery will be available when choosing your collection/delivery details. In the interests of minimising Product scalping, TBMP may change your delivery method to "venue collect" at its discretion. Where concessions are applicable, suitable and valid identification must be provided for collection of Products and at the event.


Limitations on number of Products purchased


When purchasing Products for a particular event you may be limited to a specified number of Products. If you exceed the stated Product limit, you may have any or all of your orders and Products cancelled without notice by TBMP at its discretion. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information. Product limits apply to ensure fair access to Products for fans, and as a measure to minimise Product scalping.


System Errors


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


Customer Errors


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


Security


The security of your information is important to TBMP. When you enter sensitive information (such as credit card numbers) on the website, TBMP encrypts that information using secure socket layer technology (SSL). When credit card details are collected, TBMP passes them onto a third party service provider in order to be processed as required. TBMP does not permanently store complete credit card details. By using the facilities on this Site, you are taken to provide your unconditional consent for TBMP to pass on your information to third party service providers and you release and indemnify us from all loss, damage, claims and actions relating to this subject matter.
 
TBMP takes all reasonable steps to ensure the security of our systems.  Any information which we hold for you is stored on secure cloud based servers.  In addition, our employees and the contractors who provide services relating to our information systems are obliged to respect the confidentiality of any personal information held by TBMP.  To the extent permitted by law, TBMP will not be held responsible for any loss that may arise from unauthorised access to your personal information.

TBMP exercises all reasonable due care to ensure that your information is secure on its systems.  However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud based servers.  TBMP accepts no liability that may arise if any other persons obtain the information You submit on the website.