Terms and Conditions

Organiser Terms and Conditions

Events and other items you may purchase on this system are supplied by Delatite Winery () PO Box 246, Mansfield, Victoria, 3724. Your purchase of tickets to events or other items supplied by us constitutes your agreement to the following terms and conditions.

Advertised ticket prices

Ticket prices include GST where applicable, but are exclusive of ticketing fees and credit card surcharges which may be added at the checkout.
These fees may apply:

Prices are in the currency shown on the checkout page.

Your rights and obligations

You agree to provide us with at minimum your first and last name, email contact address and mobile number or as required on the checkout page for the purpose of facilitating delivery of tickets and your access to the event.
You agree to receive such communications from us that facilitate your access to the event or items you have purchased, whether by email, SMS or other means.
You also agree to receive information about updates or changes in status to the events or items you have purchased.
You acknowledge that we will reasonably inform you of changes to the event to the details you have provided, but that we bear no responsibility in the event that you are unable to receive our communications for whatever reason.
If you elect to join our mailing list either during the checkout process or at another point in our Website, you agree to receive marketing communications from us. You may revoke permission to receive these marketing messages by unsubscribing at the website listed in our marketing communications.
If you elect to share information about the purchase of an event or item by you, you grant us permission to share this information to the social media channels you have elected to share on.
You agree to comply with the reasonable instructions given by our event staff.
You agree not to resell your ticket in any circumstances.
If you are accompanied by minors, you agree to be responsible for their care and actions, at all times.
We reserve the right to refuse admission to you, or eject you from the event, without any liability, if we deem this is necessary due to you presenting a security risk, nuisance or annoyance to other patrons of the event.

Passes

Passes allow the pre-purchase of a set number of events that can be booked in the future. A pass does not guarantee entry to an event, the pass must be used to book tickets to the event in order to guarantee a ticket. Certain events may not be valid on a pass. Depending on the event, the price to book the event on the pass may range from free to an additional price payable as advised. Depending on the type of pass, you may be able to book 1 or more tickets to the same event (refer to the pass description for more details).

Merchandise

Merchandise items sold and supplied by us can be collected at the event or as otherwise advised.

Membership

Membership typically applies for a single person, for a period of 12 months from the date of purchase. Membership entitles you to a range of member benefits that are detailed on the member page. You must renew the member ship within 30 days past the date of expiry of the membership in order to maintain the membership. Failure to do so will require the purchase of a new membership.

Gift vouchers

Gift vouchers may be purchased from us and are valid until the date shown on the gift voucher. They are not refundable at any time and cannot be redeemed for a cash value. Vouchers which expire past the date printed on the voucher cannot be used.

Exchanges (when permitted)

You may self exchange tickets to an event, generally up to 24 hours prior to the event start time. There may be a fee for exchanging tickets to an event, which becomes non refundable in the event of further refunds or cancellations.
Once completed, your original tickets are void and cannot be used for any further purpose.

Refunds

Events and other items are sold on a generally non-refundable basis.
However, in certain cases we may offer refunds before the event if you are unable to attend:
  • As a result of you contracting COVID-19 illness or being required to quarantine due to being a close contact; or for us having to reduce the capacity of the event due to COVID-19 restrictions based on government directions
  • If the event has had to be materially changed or postponed for circumstances beyond our control. In this case we may either offer refunds or substitute an equivalent event.
  • In certain other compassionate circumstances.
After the event has been held, you are not entitled to any refund on unused tickets or purchases made if you cannot prove that you contacted us in writing prior to the event.
You will receive a refund of the face value of the tickets, but will forfeit any booking or transaction fees paid as these are part of the cost of the ticketing service.
Complimentary or free tickets are not valid for any refund or form of exchange.

Cancellations

If the event is cancelled you will receive a refund of the face value of the tickets, but will forfeit any booking or transaction fees paid as these are part of the cost of the ticketing service.
Complimentary or free tickets to events that are cancelled are not valid for any refund or exchange to other events.

Outdoor events

Where we supply events outdoors you acknowledge that these events are subject to adverse weather conditions, and that we have the right to run the event in conditions which you may consider unsatisfactory. We also have the right to cancel or postpone events in cases where we consider weather conditions are unsafe or dangerous for our staff or customers to attend.
We have the right to supply an equivalent event indoors if we so choose.

Your Property at Events

You acknowledge that you should be vigilant of your own property and ensure that any property you bring to an event does not impact the health and safety of our staff or other patrons.
We are not liable for any personal effects in the case of theft or damage, however caused.
Dangerous items such as flag poles, flares, weapons, propellant fuels, fireworks or other items of a dangerous nature are not permitted at events at any time. Possessing these items onsite will result in police escorting you from the event, and possible legal charges.

Alcohol

Where the event has an alcohol licence you agree that you will comply with the terms of the licensee which includes consuming alcohol responsibly in designated areas by only people who are 18 years and older. You may not supply alcohol to persons under 18 years, nor bring alcohol to a licensed event premises. Penalties apply under various state legislation for failure to comply with alcohol licence conditions.

18 and over events

Where an event is designated as an 18 and over event, it is prohibited to purchase tickets for or supply tickets to persons aged under 18 years.
You, and ticket holders you purchase tickets for, must carry valid photo id as proof of age, and to present this to event staff when required.

Accessibility

You acknowledge that while we attempt to provide an accessible venue, in some cases it may not be possible to facilitate access for some people. If you have any accessibility concerns, please contact us prior to the purchase of your tickets. Events which are accessible will be denoted as such. Any special requirements for accessibility will be taken into account if possible and they are made known to us.

Companion Card

Where required, a free companion card ticket may be supplied on presentation of a valid companion card holder number. This person should accompany the companion card holder at all times during the event.

Limitation of Liability

You use the venue and the premises for the event at your own risk.
You indemnify us against:
(a) any accident, damage, personal injury, death, loss, illness or injury to you or a person under your care;
(b) any property damage, loss of or damage to your equipment, materials or other belongings brought to the venues, whether by fire, theft, accident, injury or otherwise; or
(c) any other loss, damage, cost or expense (including, without limitation, loss of profits, business interruption, loss of information, indirect, special, punitive or consequential loss or indirect damage of any kind whether or not such loss or damage is foreseeable, foreseen or known and whether or not we have been advised that such damages may be incurred), unless solely caused by us, our staff or our representatives.

Changes to Terms and Conditions

We reserve the right to change these terms and conditions from time to time as required.
Last updated: 20 Nov 2021

Ferve Tickets Terms and Conditions

Definitions

Our, We, Us - is Ferve Tickets Pty Ltd (ABN 41 074 903 085) which includes our related entities, directors, officers and agents of 27/296 Bay Rd, Cheltenham VIC 3192 Australia
Website - the website where you will view events and purchase tickets, usually a subdomain of ferve.tickets.
Services - the browsing, selection and purchase and delivery of event tickets and related items; management of bookings, tickets and other personal information.

Your agreement to these terms

By using our Website or Services or purchasing tickets, you agree to these terms and conditions, as well as the Event Organiser Terms and Conditions available above, and the Ferve Tickets Security and Privacy Policy available at https://ferve.tickets/event-ticketing-by-ferve-tickets/

Services Provided

We operate and maintain a secure website and service for the sale of tickets, passes, merchandise, gift vouchers, membership, and in certain conditions, donations, for Event Organisers.
We supply payment processing, ticket generation, and other services to facilitate the sale of tickets for Event Organisers.

Acceptable use of Services

You agree that you will use the Website and Services provided only for their intended use, and will not abuse, disrupt, or otherwise interfere with the operation of the Service, nor engage in any illegal activity by using the Service, including hacking into the website or disrupting service by repeatedly requesting pages or content, nor use bots, spiders or other automated systems to either purchase or disrupt the purchase of tickets.

Payment Processing

All payments are processed through secure card payments systems by Ferve Tickets Pty Ltd.  For further information please see our Privacy and Security policy located at https://ferve.tickets/event-ticketing-by-ferve-tickets/. Ferve Tickets is responsible for card purchases, refunds on event cancellations, card statement enquiries, and chargebacks.
Each ticket you purchase on this website may be subject to fees and charges which are non-negotiable and non refundable in the event of a refund or cancellation.  All prices are stated in the currency applicable on the checkout where you are entering your card details.

Event Variations

We cannot offer any compensation or be liable in any way for events which have any variation (including postponement) from that which is described by the Event Organiser during the on sale period.  In this case you should contact the Event Organiser to discuss your concerns.

Refunds

Refunds may be allowed by the Event Organiser and/or under Australian Consumer Law (if applicable).  Please contact the Event Organiser to discuss your specific circumstances for a refund as any obligation for a refund rests solely with the Event Organiser.  You agree that when applicable, booking fees or other surcharges for processing tickets to the original purchase are not refundable, and are a cost of supplying the Services, including the refund.

Cancellations

Where an event is cancelled, you are entitled to a refund.  When we are notified by an Event Organiser that an event is cancelled, we will work with that Event Organiser to ensure that all tickets are promptly refunded.  This should be within 2-3 business days of when the event is cancelled by the Event Organiser.  Once your refund is processed normal credit card processing for refunds apply, which means it may take another 3-5 business days for the refund to show on your card statement.  If a refund fails to appear on your statement after that time, please contact us.  If we believe the refund has been processed successfully, then you will then need to speak to the issuer of your card in order to chase up the refund.

Exchanges

Exchanges of tickets may be permitted by the Event Organiser, either via self exchange on our website or via an assisted exchange over the phone.
In such a case you agree to pay any fees associated with the exchange of tickets, and that the tickets to the original event or other items purchased become null and void at the time the exchange is processed.

Intellectual Property

You agree that the System and all non third party content contained within it is our intellectual property and is owned or licenced by us.
You will refrain from copying, modifying, re-publishing, iframing, distributing or communicating any part of the Website or Services or information contained within in any way that may infringe our intellectual property.  You are given permission to download or access content as part of the normal operation of this Website and Service.

Third Party Content

Event organisers may link to or incorporate third party content in event descriptions, images or other parts of the System.  This third party content is provided ‘as is’, without any warranties as to the suitability of the content, or its legal use. You indemnify us against any action for the use of third party content by an Event Organizer or other party.

Reselling or Scalping Tickets

Reselling or scalping tickets from this website is expressly prohibited and will result in termination of your access to the Services and potential legal action.
Should you wish to refund tickets please contact the Event Organiser to discuss your circumstances for a refund rather than attempting to resell tickets.

Termination of services

We may terminate or suspend your rights to use the Services we provide at any time if you breach these terms, if you misuse or abuse the Services, including for any illegal activity, or if your use of the Services would expose us to legal liability.

Inconsistency, Severability and Survival of Terms

If an Event Organiser Terms and Conditions are in conflict or inconsistent with these Ferve Terms and Conditions, then these Ferve Terms and Conditions will prevail over the Event Organiser conflicting or inconsistent terms.
All other provisions of these terms continue to survive in the case of any severability of a specific term, or the termination of your use of the Services.

Liability and Indemnity

Our entire liability (including us and our related entities, directors, officers and agents) to you will be, to the maximum extent permitted by law, be limited to the fees you have paid us as booking fees, but not including credit card surcharges, which may be added depending on the organizer, for a period of not more than the preceeding 12 months.  This includes for any loss or damage including direct, indirect, special or consequential loss, in tort (including if we are negligent), arising from your use of or inability to use the website or Services we provide.
Under Australian Consumer Law (when applicable), we limit the remedies available to you to the cost of supplying the services again, or supplying the services again.

Force Majeure

Where we are unable to provide services because of a force majeure event, for example, fire, flood, loss of connectivity or banking network outage, terrorist attack or war, act of God, or other disruption or disaster, we are not responsible for failure to fulfil any obligations under this contract.

Governing Law

This agreement will be governed by the laws of the State of Victoria, Australia.