Terms and Conditions
This sales contract (“this Contract”) is between Dynamic Sports Marketing Pty Ltd ABN: 48 168 751 353 (“DSM”) and the party identified as the client in the attached Booking Form (“the Client”) and is subject to the following terms and conditions. Terms used in this Contract are as follows:
(a) “Booking Form” means the document entitled “Corporate Hospitality Booking Form” which is attached to and forms part of this Contract.
(b) “Event” shall mean the provision of booking facilities, corporate boxes, corporate suites, dining packages, passes, corporate hospitality or any other goods and services as provided by DSM directly or as an agent for the Event Provider.
(c) “Event Provider” shall mean the issuer of the Event package, pass and/or ticket and may from time to time be DSM (as applicable).
(d) “Price” shall mean the cost for the Event, exclusive of all (if any) Goods and Services Tax.
2. PAYMENT
(a) The Client must pay DSM in full the amount equal to the Price plus GST and all other amounts payable in respect of the Event in order to secure a booking within seven (7) days of returning the Booking Form. DSM will commence arrangements for booking the Event once the Booking Form has been received.
(b) Subject to items 4 and 5, if after securing a booking an Event is not available to the Client then DSM will provide to the Client a full refund.
(c) DSM does not accept any liability for unavailability of Events despite system showing availability. (E.g. this may happen if an Event Provider or supplier has made an error and has inventory showing as available when it’s actually not available)
3. TICKETING
(a) Client hospitality passes and final Event information will be dispatched approximately two (2) weeks prior to the Event.
(b) Tickets may be dispatched inside the two (2) week timeframe should DSM not receive the ticketing from the Event Provider.
(c) Where arrangements are made to transfer tickets to a Client this will be within the legal ticketing terms and conditions of the Event Provider.
4. CLIENT CANCELLATION
Cancellation by Client
(a) If the Client for any reason, cancels this contract more than twelve (12) weeks before the Event, the Client agrees that it must pay DSM 50% of the Price plus GST as a cancellation fee. Should the Price plus GST be paid at the time of cancellation, the Client acknowledges and agrees that DSM will refund half of the Price to the Client, and the other half to be retained by DSM as the cancellation fee.
(b) If the Client for any reason, cancels this Contract less than twelve (12) weeks before the Event the Client must pay to DSM the full Price plus GST as a cancellation fee. Should the Price plus GST be paid at the time of cancellation, the Client acknowledges and agrees that DSM will retain all monies as the cancellation fee.
(c) Notice of cancellation by the Client shall not take effect until it is received in writing by DSM. If the notice is not received on a working day then the notice will only take effect on the next working day after it is received.
Cancellation by Event Provider
(d) Should for any reason the Event be partly or wholly cancelled by the Event Provider, or should an event finish earlier than anticipated, no refunds will be made to the Client by DSM unless the Event Provider agrees to partly or wholly refund DSM. Then such refund will be wholly passed onto the Client. DSM recommends that the Client obtain all relevant insurances through its own broker.
(e) Should an Event booking, package, pass or ticket for any reason be destroyed or made unusable, no refund shall be made.
5. ALTERATION TO THE ADVERTISED PACKAGE
(a) Every reasonable effort will be made to adhere to the advertised Event package, however the Client acknowledges and agrees that any Event package may be altered, part omitted or dates changed at any time without notice for any cause for which DSM in its absolute discretion shall consider to be appropriate or which is beyond the control of DSM. If an Event package is altered or changed for reasons outside the control of DSM, the Client acknowledges and agrees that it will have no recourse against DSM for any loss or damages incurred.
(b) The Client acknowledges and agrees that DSM acts as agent for the Event Provider in securing the Event and as such DSM is not liable for any omissions or actions of persons not employed by DSM.
6. WARRANTIES
(a) In making arrangements with third parties for carriage by air, hotel accommodation, transportation, restaurants or otherwise, DSM acts only as the agent of the Event Provider and does so on the express condition that no liability of any kind howsoever caused shall attach to DSM in connection with or arising out of such arrangements.
(b) DSM makes no warranty or representation about the fitness or suitability of any packages, products or Events advertised on any of its website or booked by the Client.
7. CLIENTS DUTIES
(a) The Client must abide by the terms and conditions of the Event Provider in relation to the Event.
(b) The terms and conditions of the Event Provider form part of these Terms and Conditions. The terms and conditions of the Event Provider are available from DSM on request.
(c) Any complaints or claims are the responsibility of the Event Provider and not DSM as agent for the Event Provider.
(d)DSM itself and on behalf of the Event Provider reserves the right to refuse entry or to allow participation in the Event to any Client or any Client’s guest on the day of the Event if the Client or guest behaves in any manner which is in the opinion of DSM likely to cause offence or injury to any other party.
8. LICENSING
(a) Where necessary DSM and the Client shall adhere to the local licensing conditions for alcohol and other regulations in relation to an Event.
9. LIABILITY AND INDEMNITY
(a) To the extent permitted by law, DSM, its employees and/or agents shall not be liable for any claim of damages made by the Client in connection with the Event. In the event that the Client makes a claim for damages against DSM, DSM’s liability is limited to the cost of the Price.
(b) DSM does not accept liability for any errors or omissions on any of its websites, event information or booking forms and reserves the right to change the information published on any of its websites at any time.
(c) DSM does not accept liability for any indirect or consequential loss arising out of the use of any packages, products or Events.
(d) The Client hereby indemnifies and holds DSM harmless from and against any and all costs, damages, and expenses, including legal fees, which are incurred by the Client, its agents, employees and guests, or for which DSM becomes liable as a result of the conduct of the Client, its agents, employees and guests.
(e) Notwithstanding Clause 9(a), the Client shall be liable with regard to any loss, damage, cost, expense or injury incurred or suffered by DSM which relates to or arises out of the acts or omissions of the Client or the Client’s guests. Should DSM pay for any monies towards the costs, damages or expenses arising out of Clause 9(a) or Clause 9(b), then the Client shall indemnify DSM accordingly.
(f) Should the Client fail to pay any monies due and owing by the relevant times and DSM engages legal representatives to recover such payment, the Client acknowledges and agrees that it will be liable for all costs reasonably incurred in the recovery of payments owing.
10. MISCELLANEOUS
(a) These Terms and Conditions and any invoice provided in relation to an Event booking constitute the sole and exclusive agreement between the parties. The Client acknowledges that no other warranties, representatives, or acknowledgments, written or verbal, have been made which are not reflected herein.
(b) Should a portion of the total charge in relation to the goods or services be subject to any tax regulations including a goods and service tax, this will be added to the final invoice.
(c) Both parties submit to the sole jurisdiction of the Queensland Courts in the event that any disagreement should arise out of these Terms and Conditions.
(d) These Terms and Conditions shall be binding between DSM and the Client upon acceptance by the Client to these Terms and Conditions. Such acceptance can be made in writing, verbally or upon the Client paying any monies towards the Price.
(e) The person who signs for the Client represents that he or she has authority to make this contract on behalf of the Client. If it is found that by reason of the persons lack of authority, the Client is not liable under this Contract, then such person shall be deemed to have made this Contract with DSM on his/her own behalf
11. CONDITION OF SALE
(a) It is a condition of sale that an Event booking may not, without the prior written consent of DSM, be resold at a premium nor used for advertising, promotion or other commercial purposes (including competitions or trade promotions) or to enhance the demand for other goods or services.
PRIVACY NOTIFICATION
Information about Ticket holders and other individuals in providing the Hospitality Package under this Agreement, the NRL and Dynamic Sports Marketing may seek and collect personal information, including sensitive information (as those terms are defined in the Privacy Act 1988) from Client about third parties, including the holders of Tickets. The Client must provide all notifications and obtain all consents required by the Privacy Act to enable the NRL and Dynamic Sports Marketing to collect and otherwise handle information about individuals lawfully, as required for NRL’s and Dynamic Sports Marketing’s business (including marketing), and without taking any further steps. This may require Client to inform those third parties of the matters set out in this Privacy Notification or of other matters advised by the NRL and Dynamic Sports Marketing to the Client from time to time.
Information collected in the course of conducting their businesses, the NRL and Dynamic Sports Marketing may collect personal and sensitive information about individuals including the names, professional positions and contact details of attendees at Matches and hospitality events, details of the company, firm or entity with which the attendee is associated including the relevant business unit, and details of any special requirements. If the NRL and Dynamic Sports Marketing are not provided with the personal information sought, they may not be able to fully provide their services.
Use and disclosure of personal information the NRL and Dynamic Sports Marketing may share personal information with third parties including associated local and overseas entities, professional advisers and organisations with whom they have co-promotional arrangements (and any third parties used in administering those arrangements).
The NRL and Dynamic Sports Marketing may also share personal information with other service providers including organisations that assist them by providing archival, auditing, professional advisory, data and document processing, mailing, delivery, technology and security services. In addition to providing services, the NRL and Dynamic Sports Marketing may use and disclose personal information if required or authorised by law, where a third party acquires or considers acquiring an interest in NRL and Dynamic Sports Marketing, and for purposes related to research, planning, service development, security and risk management and as otherwise permitted by the Privacy Act.
The NRL and Dynamic Sports Marketing may also use and disclose personal information to keep individuals informed of their services, events and other matters which they consider may be of interest to them, and to build and maintain a relationship with individuals. Individuals can advise the NRL and/or Dynamic Sports Marketing that they do not wish to be contacted for those purposes.
If Client is an individual, Client authorises NRL and Dynamic Sports Marketing to collect, use and disclose Client’s personal and sensitive information as set out in this Privacy Notification.
