User Agreement Privacy Policy
User Agreement
Last modified: 2018

Welcome to our Website. If you continue to browse and use this Website you are agreeing to comply with and be bound by the following Terms and Conditions of Use, which together with our Privacy Policy and our standard Terms and Conditions, constitutes the full agreement between you the client and ourselves for the supply of Goods and Services and shall govern Harkhark Pty Ltd T/A HarkHark’s relationship with you in relation to this Website.


TERMS AND CONDITIONS OF USE

If you intend to transact through this website (i.e purchase Goods and/or Services) then you warrant that you are at least 18 years of age, that you have the power to enter into this agreement and you acknowledge that this agreement creates binding and valid legal obligations upon you.


If you do not agree with or do not wish to accept the Terms and Conditions relating to this website, then please do not use this website. You are also advised that failure to accept our Terms and Conditions may result in your inability to access certain sections of this website.


PROMOTION CODES

We may, at our sole discretion, create promotion codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that we establishes on a per promotion code basis (“Promo Codes”). You agree that Promo Codes:


  1. must be used for the intended audience and purpose, and in a lawful manner;

  2. may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us;

  3. may be disabled by us at any time for any reason without liability to us;

  4. may only be used pursuant to the specific terms that we establishes for such Promo Code;

  5. are not valid for cash;  

  6. may expire prior to your use. We reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms and Conditions.


THIRD PARTY PROVIDER PAYMENT

You understand that use of the Services may result in charges to you for the goods or services you receive from a Third Party Provider (“Charges”). After you have received goods or services obtained through your use of the Website Service, we will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such the Third Party Provider’s limited payment processing agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by us. You retain the right to request lower Charges from a Third Party Provider for goods or services received by you from such a Third Party Provider at the time you receive such goods or services. We will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or goods.


All Charges are due immediately and payment will be facilitated by us using the preferred payment method designated in your Account, after which we will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may, as the Third Party Provider’s limited payment processing agent, use a secondary payment method in your Account, if available.


STANDARD PAYMENT CONDITIONS

In accordance with our standard Terms and Conditions, time for payment for the Goods/Services is of the essence, the Price will be payable by you on the date/s determined by us, which may be:

  1. on delivery of the Goods;

  2. before delivery of the Goods;

  3. by way of instalments/progress payments in accordance with our payment schedule;

  4. twenty-eight (28) days following the end of the month in which a statement is posted to your address or address for notices;

  5. the date specified on any invoice or other form as being the date for payment; or

  6. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to you by us.


Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, PayPal Unionpay, credit card (a surcharge may apply per transaction), or by any other method as agreed to between you and us.


RETURNS, DAMAGED OR DEFECTIVE GOODS

Our policy in relation to Returns, Damaged or Defective Goods shall be as specified in our standard Terms and Conditions for the supply of Goods and Services. We shall not accept returns for change of mind or if you make a wrong decision unless due to our negligence or incorrect information supplied by ourselves.


EVENT REFUNDS

In the case of fully cancelled events by the Third Party, then we will batch a refund to all online or mobile device bookings in full, including booking fees.


In the case of postponed, delayed or date changed events, all ticket sales prior to notification of such change will be fully refundable if a request is received from the Third Party or the ticket purchaser to make a refund.


In the case of a change in advertised events, all ticket sales prior to the notification will be entitled to a refund, unless the terms and conditions of sale exclude such a refund. In all cases where refunds are requested by patrons and the Third Party excludes or prevents such refund, and the patron undertakes a chargeback through their credit card supplier or bank, the Third Party shall be liable for the chargeback.


COPYRIGHT AND TRADEMARKS

The contents of this website are at all times the copyright or trademark property of either ourselves, our suppliers or linked third parties and you may not distribute, reproduce, display, publish any trademark or other content of this website for any purpose whatsoever without the prior written approval of us, our suppliers or linked third parties (each as applicable). Furthermore you agree to indemnify us against any claims, costs, damages or losses incurred by us should you fail to comply with clause.


ADVERTISERS AND LINKED SITES

The display on our website of any advertiser or the provision of a link to third party websites does not constitute our endorsement of either the advertiser or third party provider or any of their website content or business practices. As we do not have any control of the content of any third party websites, access to such websites is at your sole risk and we recommend that you thoroughly review the terms and conditions of use and the Privacy policies of any third party website immediately once you access such a site.


We shall accept no liability in regards to any dealings, promotions or activities between yourself and advertisers or third party providers.


SPECIFICATIONS AND INFORMATION

Specifications and information provided on this website are given in good faith based on our knowledge, experience, or information provided to us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by us, therefore it is recommended if you have any concerns as to the suitability of Goods or Services provided through this website in respect of the use of the Goods or Services or their suitability for a particular use that you contact us or seek external professional opinion.


You acknowledge and accept that colours of items displayed on the website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to us for use, or the quality, age or settings on your monitor. If colour is a major factor in your decision making we recommend you contact us before purchase.


ON-LINE ORDERING

You acknowledge and agree that:


  1. we do not guarantee the website’s performance;

  2. display on the website does not guarantee the availability of any particular Goods; therefore, all orders placed through the website shall be subject to confirmation of acceptance by us;

  3. on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;

  4. there are inherent hazards in electronic distribution, and as such we cannot warrant against delays or errors in transmitting data between you and us including orders, and you agree that to the maximum extent permitted by law, we will not be liable for any losses which you suffers as a result of online-ordering not being available or for delays or errors in transmitting orders;

  5. when making a transaction through the website, your information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that your information cannot be read by or altered by outside influences;

  6. if you are not the cardholder for any credit card being used to pay for the Goods, we shall be entitled to reasonably assume that you have received permission from the cardholder for use of the credit card for the transaction.


You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices.


We reserve the right to terminate your order, if it is learnt that you have provided false or misleading information (including but not limited to, where you are to resell the Goods for commercial purposes without prior arrangement), interfered with other users or the administration of our business, or violated these terms and conditions.



CHANGES TO TERMS AND CONDITIONS

We reserve the right to change any of the Terms and Conditions displayed on this website (including our Privacy Policy) at any time by notifying you through this website that we have done so. By continuing to use this website it shall be deemed that you agree to be bound by the amended terms and conditions as notified and posted on the website.


CONTINUOUS SERVICE

Due to the inherent nature of websites we cannot guarantee uninterrupted or continuous availability of this website and you accept that the website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able we shall give you advanced warning of the same. We shall accept no liability in relation to website downtime whether scheduled or otherwise.


TERMINATION OF USE

These terms and your access to our website may be terminated by us (at our sole discretion) at any time without notice or any requirement to give you a reason why. In the event of termination under this clause we shall have no liability to you whatsoever (including for any consequential or direct loss you may suffer).


JURISDICTION

The Website (excluding any linked third party sites) is controlled by us from our principal business premises in Australia. It can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from Australia, by accessing this site, you agree that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this Agreement, or your use of the Website, irrespective of any conflict with any laws and statutes applicable to your country of domicile.


You further acknowledge and agrees that the filing of a claim against us (if any) must be made in the State of Australia in which our principal business premises in Australia is domiciled, and that any legal proceedings will be conducted in English.


We make no representation that Services offered through the Website are appropriate, available or suitable for use in countries outside of Australia, and accessing and/or utilising any content from, or through, the Website which is illegal in your country of domicile is strictly prohibited.