TERMS & CONDITIONS

Terms of Use – Patrons (see below for Provider Terms of Use)

  1. Introduction

The Fantastix website (“Fantastix”) is owned and operated by Fantastix Production Essentials Pty Ltd (ACN 623 024 073) (“Fantastix”, “we”, “us” or “our”).

Thank you for using Fantastix! We want this site to be a valuable, trustworthy and fun resource to use for everyone who visits. We outline some basic guidelines and conditions of use.

Our terms and conditions are set out below (Terms of Use). Our Privacy Policy [Link] also governs our relationship with you and you should review that policy as well. The Terms of Use and Privacy Policy have been created to ensure you are happy with your ticket purchase and that you fully understand the purchase process with the Producer who uses Fantastix, the Fantastix platform and Fantastix partner websites to promote their events, sell tickets, make registrations and bookings and promote goods & services with the Production Essentials directory.

If you access, use and/or register as a member with Fantastix we will take that to mean that you agree to the Terms of Use and that they are legally binding on you. If you don’t agree with the Terms of Use you must immediately ceasing accessing and using the Fantastix website. Any continued use of the website constitutes your acceptance of the Terms of Use current at the time of use. We may change the Terms of Use from time to time. You should come back to this page regularly to check the Terms of Use. If you keep using the Website after we’ve changed the Terms of Use then we will take that to mean that you agree to be bound by the new Terms of Use.

www.fantastix.com.au is currently only available to Australian residents 16 years old and above. Parents or guardians must register if using the site for children under the age of 16. Fantastix may refuse to offer a membership to any person at any time in its sole discretion.

  1. Signing Up

To take advantage or use some of the features we offer, Patrons are required to create a Fantastix Directory Listing – with which we can assist.

To become a member of Fantastix you must register on the site, which involves providing us with the information requested on the registration page. Once you have registered, you can change and update this information at any time using your login and account. We will be relying on you to provide accurate, current and complete information, and to keep it up to date. If you don’t do this, we won’t be able to provide you with services via Fantastix. We respect your personal information and we will only use it according to applicable privacy laws and our Privacy Policy.

We can also cancel your registration and membership at any time for any reason. We reserve the right to cancel your membership if you provide inaccurate information or if you breach these Terms of Use (although we may have other reasons besides these). We will send you an email to your specified address to let you know if we cancel your membership.

You must not let anyone else use your membership and you can’t transfer your membership or account to anyone else. You are responsible for keeping your password private and confidential. If anyone logs in to Fantastix using your username and password, you will be responsible for all purchases, activities and communications made using your account. We may ask you to re-authenticate your membership from time to time (for example, if your account has been inactive for a period).

A ‘Patron’ is an entity that purchases tickets using the Fantastix box office system.

Being a ‘Patron’ is not mutually exclusive. An entity may qualify as a Patron, Producer and/or a Provider and will thus be governed by the terms of use covered by all member types.

As a member or user of the Fantastix site:

You are responsible for Providing true, accurate, current and complete information about yourself as prompted by the sign-up form and maintain and promptly update the data to keep it true, accurate, current, complete and useful. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fantastix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse all future use.

You are responsible for the equipment and internet access service you use to access Fantastix;

You are responsible for all content or information you submit to Fantastix; and

You will not submit to Fantastix, or send to other members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and privacy rights).

If you see or receive any material that you think is offensive or inappropriate on or in connection with Fantastix, please contact us at admitone@fantastix.com.au.

As a Patron, you acknowledge and agree that:

each ticket is issued subject to the terms and conditions of the Event Producer and/or the venue at which the event is held;

we have no control over the Event Producer’s prices;

we reserve the right to cancel any ticket and refund the amount paid where there has been an error in ticket pricing;

we make no representations in respect of, and are not responsible for, the Event Producer’s event; and

we can suspend or revoke your right to access www.fantastix.com.au at any time.

Any failure by Fantastix to assert any right under these Terms shall not constitute a waiver of such right. If we waive or fail to assert a right or to enforce a term on one or more occasion, this is not to be deemed a further or continuing waiver of such right or term.

  1. Payment

All credit card purchases are processed through a secure online payment system.

Each ticket you buy and payment you make on www.fantastix.com.au is subject to a non-refundable per order booking or service fee which may, at the option of the Event Producer, either be identified separately to you or included in the ticket price or amount payable at the time of booking.

Our fees are not negotiable and subject to change.

All prices are stated in Australian dollars and are inclusive of GST.

  1. Protections and restrictions for content and intellectual property on Fantastix

We own or are the authorised users of all intellectual property and other rights in, on and to Fantastix. There are Australian and international laws that protect intellectual property rights, including in copyright material and trademarks. These laws apply to all information, text, material, graphics, software and advertisements on Fantastix (“content”). Content is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way unless this is expressly provided by Fantastix or we have expressly authorised you to do so in writing.

So long as you keep all content intact and in the same form as presented on Fantastix (including, without limitation, all copyright, trademarks and other proprietary notices and all advertisements):

You may download and view the content for your personal, non-commercial use using an industry-standard web browser; or

If you are an Internet service and/or access provider, you may supply the content to your subscribers.

You must not use Fantastix in any manner or for any purpose that is illegal and/or that violates any rights of Fantastix or any other person, or that is prohibited by the Terms of Use. This means that (among other things) you may not:

Copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code in any software used on, for or in connection with Fantastix;

Frame, link to, reproduce, duplicate, re-transmit, disclose, republish, filter, alter, distribute, copy, sell, resell, or exploit for any commercial purposes, any portion of Fantastix or any content, or access to the Fantastix, unless we expressly consent in writing;

Use web-accelerated browsers or products, or other applications that can copy large portions of content from Fantastix.

Use any device, software, routine or the like to interfere or attempt to interfere with any functionality of Fantastix; Take any action that imposes an unreasonable or disproportionately large load on Fantastix’s infrastructure;

Use any e-mail addresses appearing on Fantastix for purpose that do not relate specifically to the site; or

access Fantastix by any means other than through the interface that is provided by Fantastix or attempt to access any area of the site that you are not authorised to access.

Links to other sites

Fantastix contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Fantastix of the contents on any third-party websites. Fantastix is not responsible for the content of linked third-party sites and we do not make any representations regarding the content or accuracy of materials on third-party web sites. If you decide to access linked third-party websites, you do so at your own risk.

Third party advertisements

All third-party advertising and referral buttons containing hyperlinks on Fantastix are paid for by the relevant third-party advertisers and are not recommendations or endorsements by Fantastix or its directors or employees. If you want or need any further information on any third parties, you should refer to the relevant third parties directly.

  1. Privacy Policy

Your privacy and keeping your information safe is of paramount importance to us! For information regarding how we treat your personal information please check out our Privacy Policy

  1. Facebook and Instagram pages

Our Facebook and Instagram pages have been set up to be a safe space for members to engage in open conversation about all things Performing Arts. We want Fantastix to be a supportive place for people to come and share information, ask questions, get tips etc.

Fantastix will not be available to monitor all conversations all hours of the day, however we will pop in regularly to help answer questions and we will certainly remove anything that doesn’t adhere to the rules. As stated on our Facebook group, please contact us as soon as possible if you see anything that does not adhere to the policies outlined below:

We will not censor conversations, but we absolutely won’t tolerate trolls, harassment, illegal or sexual content, threats, obscenities, discrimination, hate speech or any displays of bigotry. If you are a repeat offender, we may remove you from the group without notice.

Don’t publicise other people’s private info including full names unless you’re referring to service providers who are commonly identified by or commonly share their own full names.

Don’t get into online arguments with fellow Fantastix members. Keep the drama for the stage. The Facebook Group is a place for people to ask advice, share information and help others. Repeat offenders are deemed trolls. See above for our level of Troll tolerance – of which there isn’t any.

Anyone using Fantastix must agree to NOT:

Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, of a sexual nature or illegal, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

Upload, post or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Promote or use the site for a commercial purpose for competitive products, except as expressly permitted by Fantastix;

Harass another individual, Producer, Provider, Patron or Fantastix member or;

Collect or store personal data about users any individual or business other than customers who willingly provide such information to explore bona fide opportunities or connections.

Create or submit unwanted email or messaging (otherwise known as ‘Spam’) to any other Fantastix user.

  1. Account Cancellation

If you would like to stop being Fantastix and cancel your membership please contact us and we would love to chat to you about why, and if we can help fix the problem.

Please get in touch with us by emailing admitone@fantastix.com.au

  1. Disclaimer and limitation of liability

Except as provided by law, you accept Fantastix as you find it free from any warranty or representation, express or implied. We do not warrant that the content included on Fantastix is accurate, suitable for your purposes or without errors, omissions or viruses. Due to factors beyond our control, we cannot guarantee continuous, uninterrupted or secure access to Fantastix. Fantastix is not responsible for the products, services, content, actions or failure to act of any venue, performer, Producer or other third party in connection with or referenced on the Fantastix platform.

The Terms apply to our relationship with you only.

Event Producers or Providers may impose additional terms and conditions to apply to events and activities for which you register, make a booking, purchase tickets or make payments. It is your responsibility to review these carefully before you make a registration or booking or purchase tickets.

We shall not provide refunds for tickets purchased from a Producer using your account nor are we responsible for any cancellations or re-scheduling of productions by a Producer. These are matters directly between you and the Producer over which we have no control or responsibility.

Sometimes events are varied, postponed or cancelled by the Event Producer. We have no control over this and you acknowledge and agree that the Event Provider is solely responsible and liable to you for providing any refund or comparable ticket in such circumstances.

The responsibility to ascertain whether an event has been varied, postponed or cancelled is a matter between you and the Event Producer. We do not guarantee that ticket holders will be informed of a variation, postponement or cancellation before the date of the event.

You agree that we are not liable to you or to anyone else for any loss or damages arising out of or in connection with the use of Fantastix, the use of information provided by you or any loss or damage which may arise should you be unable to access or use Fantastix, for whatever reason and however arising, including our negligence.

To the maximum extent permitted by law, Fantastix and its third-party suppliers exclude all liability to any person for loss or damage of any kind arising from or relating in any way to the content included on Fantastix and/or any use of Fantastix.

We shall not be responsible for any loss, damage or liability arising from or in connection to your purchases, activities and communications made using your account, including any claims you or third parties may have against us.

You hereby indemnify and keep us safe from liability for any claims you or any third parties may have against us in relation to or in connection with use of your account.

General

The laws of New South Wales, Australia apply to the Terms of Use. You submit to the jurisdiction of the New South Wales courts over any dispute concerning the Terms of Use. If any part of the Terms of Use is invalid or unenforceable, it will be struck out and the remaining terms will remain in force. If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to that breach, or any subsequent or similar breaches.

Terms of Use – Provider

  1. Introduction

The Fantastix website (“Fantastix”) is owned and operated by Fantastix Production Essentials Pty Ltd (ACN 623 024 073) (“Fantastix”, “we”, “us” or “our”).

Thank you for using Fantastix! We want this site to be a valuable, trustworthy and fun resource to use for everyone who visits. We outline some basic guidelines and conditions of use.

Our terms and conditions are set out below (Terms of Use). Our Privacy Policy [Link] also governs our relationship with you and you should review that policy as well. The Terms of Use and Privacy Policy have been created to ensure you are happy with your ticket purchase and that you fully understand the purchase process with the Producer who uses Fantastix, the Fantastix platform and Fantastix partner websites to promote their events, sell tickets, make registrations and bookings and promote goods & services with the Production Essentials directory.

If you access, use and/or register as a member with Fantastix we will take that to mean that you agree to the Terms of Use and that they are legally binding on you. If you don’t agree with the Terms of Use you must immediately ceasing accessing and using the Fantastix website. Any continued use of the website constitutes your acceptance of the Terms of Use current at the time of use. We may change the Terms of Use from time to time. You should come back to this page regularly to check the Terms of Use. If you keep using the Website after we’ve changed the Terms of Use then we will take that to mean that you agree to be bound by the new Terms of Use.

www.fantastix.com.au is currently only available to Australian residents 16 years old and above. Parents or guardians must register if using the site for children under the age of 16. Fantastix may refuse to offer a membership to any person at any time in its sole discretion.

  1. Signing Up

To take advantage or use some of the features we offer, Patrons, Producers and Providers are required to create a Fantastix Directory Listing – which we can assist you with.

To become a member of Fantastix you must register on the site, which involves providing us with the information requested on the registration page. Once you have registered, you can change and update this information at any time using your login and account. We will be relying on you to provide accurate, current and complete information, and to keep it up to date. If you don’t do this, we won’t be able to provide you with services via Fantastix. We respect your personal information and we will only use it according to applicable privacy laws and our Privacy Policy.

We can also cancel your registration and membership at any time for any reason. We reserve the right to cancel your membership if you provide inaccurate information or if you breach these Terms of Use (although we may have other reasons besides these). We will send you an email to your specified address to let you know if we cancel your membership.

You must not let anyone else use your membership and you can’t transfer your membership or account to anyone else. You are responsible for keeping your password private and confidential. If anyone logs in to Fantastix using your username and password, you will be responsible for all purchases, activities and communications made using your account. We may ask you to re-authenticate your membership from time to time (for example, if your account has been inactive for a period).

A ‘Provider’ is an entity that represents a Fantastix directory listing on www.fantastix.com.au. In creating or updating the directory listing, you must be the owner or an authorized employee or representative of that entity. You may not provide an email address that is not your own or create multiple Business listings for the same business unless expressly authorized by Fantastix.

Being a ‘Patron’, ‘Producer’ or ‘Provider’ are not mutually exclusive. An entity may qualify as a Patron, Producer and/or a Provider and will thus be governed by the terms of use covered by all member types.

As a member or user of the Fantastix site:

You are responsible for Providing true, accurate, current and complete information about yourself as prompted by the sign-up form and maintain and promptly update the data to keep it true, accurate, current, complete and useful. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fantastix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse all future use.

You are responsible for the equipment and internet access service you use to access Fantastix;

You are responsible for all content or information you submit to Fantastix; and

You will not submit to Fantastix, or send to other members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and privacy rights).

If you see or receive any material that you think is offensive or inappropriate on or in connection with Fantastix, please contact us at admitone@fantastix.com.au.

Any failure by Fantastix to assert any right under these Terms shall not constitute a waiver of such right. If we waive or fail to assert a right or to enforce a term on one or more occasion, this is not to be deemed a further or continuing waiver of such right or term.

How Fantastix works with the Provider

Fantastix provides a platform and associated software to Provider so that they can list their products and services using the Fantastix platform. Fantastix provides access to certain parts of the Fantastix platform to the general public so that they may transact and interact with the Provider.

  1. Payment

To take advantage of the Production Essentials Directory, Providers are required to sign up and pay a subscription fee.

All credit card purchases are processed through a secure online payment system.

When you use Fantastix, you will be provided with information regarding the applicable fees and charges. Our fees are not negotiable and subject to change.

You agree to pay all applicable fees and charges specified by us, late payment fees and all taxes, duties, fees, levies and charges imposed by any authority in relation to your Account and the Services you use.

All prices are stated in Australian dollars and are inclusive of GST.

By creating an account, you agree to take full responsibility for maintaining the account user name, password, and all related activity that occurs under your account. Fantastix reserves the right to close your account at any time for any reason.

  1. Protections and restrictions for content and intellectual property on Fantastix

We own or are the authorised users of all intellectual property and other rights in, on and to Fantastix. There are Australian and international laws that protect intellectual property rights, including in copyright material and trademarks. These laws apply to all information, text, material, graphics, software and advertisements on Fantastix (“content”). Content is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way unless this is expressly provided by Fantastix or we have expressly authorised you to do so in writing.

So long as you keep all content intact and in the same form as presented on Fantastix (including, without limitation, all copyright, trademarks and other proprietary notices and all advertisements):

You may download and view the content for your personal, non-commercial use using an industry-standard web browser; or

If you are an Internet service and/or access provider, you may supply the content to your subscribers.

You must not use Fantastix in any manner or for any purpose that is illegal and/or that violates any rights of Fantastix or any other person, or that is prohibited by the Terms of Use. This means that (among other things) you may not:

Copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code in any software used on, for or in connection with Fantastix;

Frame, link to, reproduce, duplicate, re-transmit, disclose, republish, filter, alter, distribute, copy, sell, resell, or exploit for any commercial purposes, any portion of Fantastix or any content, or access to the Fantastix, unless we expressly consent in writing;

Use web-accelerated browsers or products, or other applications that can copy large portions of content from Fantastix.

Use any device, software, routine or the like to interfere or attempt to interfere with any functionality of Fantastix; Take any action that imposes an unreasonable or disproportionately large load on Fantastix’s infrastructure;

Use any e-mail addresses appearing on Fantastix for purpose that do not relate specifically to the site; or

access Fantastix by any means other than through the interface that is provided by Fantastix or attempt to access any area of the site that you are not authorised to access.

Links to other sites

Fantastix contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Fantastix of the contents on any third-party websites. Fantastix is not responsible for the content of linked third-party sites and we do not make any representations regarding the content or accuracy of materials on third-party web sites. If you decide to access linked third-party websites, you do so at your own risk.

Third party advertisements

All third-party advertising and referral buttons containing hyperlinks on Fantastix are paid for by the relevant third-party advertisers and are not recommendations or endorsements by Fantastix or its directors or employees. If you want or need any further information on any third parties, you should refer to the relevant third parties directly.

If you as a Provider offers a promotion, deal or discount to via the Fantastix website or other networking channels, you represent and warrant that you have full authority to offer the promotion or discount and promise to honour the terms of that deal as they are presented. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify Fantastix against any claims that the terms were not honoured.

Accepting a Provider into the directory does not mean Fantastix is recommending that Provider. We do not make any representations regarding the content or accuracy of the Provider directory listing. If an entity engages with a Provider, it does so at its own risk.

There are certain Provider industries that are a conflict of interest with Fantastix’s internal offerings. If a subscription of this nature is presented for validation, Fantastix may decline the listing and a full refund (including fees & charges) will be given.

  1. Privacy Policy

Your privacy and keeping your information safe is of paramount importance to us! For information regarding how we treat your personal information please check out our Privacy Policy

  1. Facebook and Instagram pages

Our Facebook and Instagram pages have been set up to be a safe space for members to engage in open conversation about all things Performing Arts. We want Fantastix to be a supportive place for people to come and share information, ask questions, get tips etc.

Fantastix will not be available to monitor all conversations all hours of the day, however we will pop in regularly to help answer questions and we will certainly remove anything that doesn’t adhere to the rules. As stated on our Facebook group, please contact us as soon as possible if you see anything that does not adhere to the policies outlined below:

We will not censor conversations, but we absolutely won’t tolerate trolls, harassment, illegal or sexual content, threats, obscenities, discrimination, hate speech or any displays of bigotry. If you are a repeat offender, we may remove you from the group without notice.

Don’t publicise other people’s private info including full names unless you’re referring to service providers who are commonly identified by or commonly share their own full names.

Don’t get into online arguments with fellow Fantastix members. Keep the drama for the stage. The Facebook Group is a place for people to ask advice, share information and help others. Repeat offenders are deemed trolls. See above for our level of Troll tolerance – of which there isn’t any.

Anyone using Fantastix must agree to NOT:

Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, of a sexual nature or illegal, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

Upload, post or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Promote or use the site for a commercial purpose for competitive products, except as expressly permitted by Fantastix;

Harass another individual, Producer, Provider, Patron or Fantastix member or;

Collect or store personal data about users any individual or business other than customers who willingly provide such information to explore bona fide opportunities or connections.

Create or submit unwanted email or messaging (otherwise known as ‘Spam’) to any other Fantastix user.

  1. Account Cancellation

If you would like to stop being Fantastix and cancel your membership/directory listing please contact us and we would love to chat to you about why, and if we can help fix the problem.

A Provider membership is an annual subscription and can only be cancelled at the time of renewal.

Please get in touch with us by emailing admitone@fantastix.com.au

  1. Disclaimer and limitation of liability

Except as provided by law, you accept Fantastix as you find it free from any warranty or representation, express or implied. We do not warrant that the content included on Fantastix is accurate, suitable for your purposes or without errors, omissions or viruses. Due to factors beyond our control, we cannot guarantee continuous, uninterrupted or secure access to Fantastix. Fantastix is not responsible for the products, services, content, actions or failure to act of any venue, performer, Producer or other third party in connection with or referenced on the Fantastix platform.

You agree that we are not liable to you or to anyone else for any loss or damages arising out of or in connection with the use of Fantastix, the use of information provided by you or any loss or damage which may arise should you be unable to access or use Fantastix, for whatever reason and however arising, including our negligence.

To the maximum extent permitted by law, Fantastix and its third-party suppliers exclude all liability to any person for loss or damage of any kind arising from or relating in any way to the content included on Fantastix and/or any use of Fantastix.

We shall not be responsible for any loss, damage or liability arising from or in connection to your purchases, activities and communications made using your account, including any claims you or third parties may have against us.

The Terms apply to our relationship with you only.

Event Producers or Providers may impose additional terms and conditions to apply to events and activities for which you register, make a booking, purchase tickets or make payments. It is your responsibility to review these carefully before you make a registration or booking or purchase tickets.

We shall not provide refunds for tickets purchased from a Producer using your account nor are we responsible for any cancellations or re-scheduling of productions by a Producer. These are matters directly between you and the Producer over which we have no control or responsibility.

You hereby indemnify and keep us safe from liability for any claims you or any third parties may have against us in relation to or in connection with use of your account.

General

The laws of New South Wales, Australia apply to the Terms of Use. You submit to the jurisdiction of the New South Wales courts over any dispute concerning the Terms of Use. If any part of the Terms of Use is invalid or unenforceable, it will be struck out and the remaining terms will remain in force. If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to that breach, or any subsequent or similar breaches.

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