Website Terms and Conditions of Use

1. 'You', 'your' refer to the customer. 'We', 'us', 'our' and ‘event organizer’ refer to Mitchell Creek Rock and Blues Festival Pty Ltd (ABN 75 161 034 555). This 'agreement' means the purchase of one or more tickets for entry into the Festival, and it includes these Ticket Purchase Terms (“the Terms”) and other documents referred to in the Terms.
2. The agreement is deemed to be entered into in Queensland, Australia. This agreement is governed by the laws of Queensland.
3. Due to the high costs associated with the pre and post festival office administration there is a strict no refund policy If you cannot attend due to your own personal reasons or decision. We will honour your passes for the next year’s festival or you can transfer or on sell your ticket/tickets if you wish to recoup your funds. If you do this please rename, download and re- print the ticket/tickets with the new owners name. The name on the ticket must match the new ticket holders ID. The bar code on each ticket is unique and can only be scanned once for successful gate entry.
4. It is our policy if there is a second wave of pandemic and the government locks down, the Festival will be postponed and we will refund or honour your pass at your choice when the festival proceeds on an alternative date.
5. Patrons, Stall Holders, Contractors and Staff must observe and adhere to signage and entry conditions including Social distancing and hygienic practices as per Government Covid Safe ruling which apply on entry
6. The Festival is an all-weather event. It will continue in rain, hail or shine unless the conditions are deemed unsafe to continue. No refunds will be made if you choose not to attend due to inclement weather.
7. We reserve the right to add, withdraw, reschedule or substitute artists and may vary advertised programs, prices, venues or seating arrangements. No refunds will be made in this case.
8. We reserve the right to cancel or postpone the Festival for any reason within our control. In this case, you will be offered a refund for the face value of the ticket or honour your pass for the next date we proceed with the event.
9. There will be no refund on any unused portion of tickets if you are asked or forced to leave or if you decide not to attend any part of the Festival.
10. Product pricing is in Australian Dollars (AUD$)
11. You agree to a search of your person or possessions on entry to any ticketed areas.
12. Child ticket holders must be accompanied by a responsible guardian at all times whilst at the Festival.
13. To the fullest extent permitted by law, we do not accept liability of any nature for the acts, omissions or default of those providing services in connection with the Festival, or any liability for any injury, damage, loss, delay or additional expenses which are incurred at or in association with this event, regardless of the cause (including negligence). For any condition or warranty imposed by legislation which cannot be excluded or modified, our liability for any breach of such condition or warranty will be limited, at our option, to the resupply of the services, the cost of having the services supplied again, or the refund of the money paid for the ticket. In no event will we be liable for any indirect, consequential, exemplary or special damages.
14. All audio and/or visual recordings of the Festival are prohibited, other than recordings only for private purposes, and not public display (including social media) or for commercial purposes. You cannot use electronic tablet devices (such as an iPad) or similar to make recordings.
15. You agree that we can collect and keep personal information about you including your name, address, credit card or payment details, telephone number and the names of all ticket allocations. We may need to disclose your personal information as required by law or as permitted under the Privacy Act. Our Privacy Policy outlines how we will handle your personal information.
16. By either purchasing or using a ticket for the Festival, you agree to be bound by the Terms, the Entry Conditions, and our Privacy Policy.

The Mitchell Creek Rock ‘N’ Blues Fest “Time to Pay” Terms and Conditions

If you choose to pay for your ticket using the “Time to Pay” plan the following terms and conditions apply;

1. By going ahead with this “Time to Pay” transaction, you agree that you have read, understood and agreed to be bound by the Terms and Conditions. If you do not agree to the Terms and Conditions, please do not proceed with this transaction.
2. By selecting the “Time to Pay” option, you hereby authorise The Mitchell Creek Rock ‘N’ Blues Fest to charge your nominated credit card in accordance with the payment schedule, as detailed, until full payment has been received for your tickets.
3. Upon selecting the “Time to Pay” option, you will be charged your first instalment as specified by The Mitchell Creek Rock ‘N’ Blues Fest at the time of booking and additional instalments will be charged, 28 days later, as specified in the payment schedule below.
4. Instalments will be deducted using the same credit card used for the original booking. If your credit card happens to expire during the “Time to Pay” period, you will have the facility to update your credit card details via your secure online member’s area.
5. Only one credit card can be used per member area.
6. “Time to Pay” commitments will not be frozen, cancelled or deferred, nor will you be entitled to a refund or exchange during the “Time to Pay” process, unless in accordance with The Mitchell Creek Rock ‘N’ Blues Fest’s general terms and conditions for cancelled events or to the extent required under applicable trade practices and consumer protection laws.
7. While we will hold your tickets for you, you are not entitled to delivery of your tickets until all instalments are received. Once full payment has been received, e-tickets will be made available and ready to print via your online member’s area, while registered post tickets will be posted to your registered address within 15 business days of payment completion.
8. It is your responsibility to ensure that: (a) the account details you have provided are correct and (b) you have sufficient clear funds available in the nominated account on the scheduled drawing dates.
9. In the event an instalment is not received by The Mitchell Creek Rock ‘N’ Blues Fest when The Mitchell Creek Rock ‘N’ Blues Fest attempts to process an instalment payment through your credit card in accordance with the payment schedule, The Mitchell Creek Rock ‘N’ Blues Fest will notify you via email and provide you the facility to catch up on a scheduled payment. Any fees levied to you by your financial institution will be payable by you.
10. In the event that a scheduled payment is not received or remedied within the time subscribed, you will be in breach of this agreement and The Mitchell Creek Rock ‘N’ Blues Fest will cancel your booking and reimburse all monies received from you minus the first instalment (such fee represents The Mitchell Creek Rock ‘N’ Blues Fests’ reasonable costs of cancelling your booking and arranging the refund). The Mitchell Creek Rock ‘N’ Blues Fest will then email you notifying you that your booking has been cancelled.
11. No tickets will be made available to you until full payment has been received.

NOTE: as well as the Terms and Conditions above, The Mitchell Creek Rock ‘N’ Blues Fest 2019 General Terms and Conditions, which deal with refunds, cancelled or postponed events, conduct at events and other important matters, apply.

General Event Terms and Conditions are available by clicking on the Terms and Conditions link on the FAQ section of this website.

Payment Schedule for time to pay:

Intellectual Property in Content on our website

The content of the Mitchell creek Rock N Blues Fest website (including copyright works, text, material, software, images, applications [including any email application], graphics, advertisements, downloads, e-cards, sound recordings, databases, cinematographic film, photographs, streaming audio, streaming video and animation) (together “Content”) is copyright © Mitchell creek Rock N blues Fest Services Pty Ltd (ABN 75 161 034 555) and/or its licensors. All rights reserved. Mitchell creek Rock N blues Fest is the owner and operator of this site.

Other than as permitted under the Copyright Act 1968 (Cth) or as otherwise provided for below, no part of this website may in any form or by any means be reproduced, adapted, stored in a retrieval system or transmitted without Mitchell Creek Rock N Blues Fest’s prior written permission.

Provided you keep all Content intact, Mitchell Creek Rock N Blues Fest grants you permission to do the following with the Content on this site:

• Temporarily download the Content for your personal, non-commercial use in viewing the Content on our website.
• Print hard copies of Content for your personal information, but not commercial use.

All rights not expressly granted are reserved by Mitchell Creek Rock N Blues Fest.

The Content has been carefully compiled from sources believed to be reliable, but all Content is provided on the basis that Mitchell Creek Rock N blues Fest does not warrant or guarantee and accepts no responsibility for the accuracy or completeness from time to time of any Content for any purpose. Subject to any statutory provision which may not be excluded by law, Mitchell Creek Rock N Blues Fest will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any Content or its publication, including any action for copyright infringement, trade mark infringement or defamation.

Links to other sites

This site contains links to other websites. Mitchell Creek Rock N Blues Fest does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on these other websites.

Trade Marks

The Mitchell Creek Rock N Blues Fest logo is registered trade mark of Mitchell Creek Rock N Blues Fest Pty Ltd.

All other trademarks, product names or logos within the site are the property of their respective owners and may not be used, copied, reproduced, distributed, republished, downloaded, uploaded, displayed, stored, published, modified, adapted, communicated or transmitted without the prior written permission of their respective owners.

Electronic media

The Mitchell Creek Rock N Blues Fest site may contain one or more link, chat forum or other communication facility (“Face book”). By using and accessing the Mitchell Creek Rock N Blues Fest site or links, you agree that you will not do any of the following:

• Post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libellous, contemptuous, obscene, vulgar, pornographic, profane or indecent Material;
• Post, communicate or transmit Material which violates or infringes the rights of any other person or party or infringes any law;
• Inhibit or restrict any other user from the Mitchell Creek Rock N Blues Fest site;
• Interfere with computer systems which support the Mitchell Creek Rock N Blues Fest sites; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
• Post, communicate or transmit any file which contains viruses, worms, “Trojan horses” or any other harmful, contaminating or destructive features;
• Access or attempt to access information resources you are not authorized to use;
• Impersonate or falsely represent your association with any person or organisation;
• Attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of Mitchell Creek Rock N Blues Fest site, including the use of automated tools;
• Post communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising;
• Delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures; or
• Post, download or communicate any file or material posted by another user of Mitchell Creek Rock N Blues Fest site if you know, or reasonably ought to know, that the file or material cannot legally be downloaded or communicated in that manner.

It is your sole responsibility to be aware of the lawfulness of the Material. You acknowledge that all communications are public and not private communications. Mitchell Creek Rock N Blues Fest reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone (including you) posting material which violate of allegedly violate any law. Mitchell Creek Rock N Blues Fest reserves the right to remove without prior notice any posting of Material for any reason in Mitchell Creek Rock N Blues Fest’s absolute and sole discretion but is not obliged to do so. You agree and acknowledge that:

• Mitchell Creek Rock N Blues Fest is not responsible for any content or material (including, without limitation, any information, comments and/or advice of any individual party referred to as a guest or expert whose statements are their own);
• Mitchell Creek Rock N Blues Fest does not authorize or endorse the comments or material of users of Mitchell Creek Rock N Blues Fest site and or face book or any other forums;
• Mitchell creek Rock N blues Fest may use your personal information collected Mitchell Creek Rock N Blues Fest site for the purposes specified in these Terms of Use and will handle this personal information in accordance with the Mitchell Creek Rock N Blues Fest Privacy Policy.

Complaints and comments regarding potentially prohibited material should be submitted via our Contact Page.

Indemnity

You indemnify Mitchell Creek Rock N Blues Fest, its licensees and/or assigns in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with any breach or alleged breach by you of these Terms of Use or any other legal obligation