Terms & Conditions
Action Animals Terms and conditions for the hire or purchase of Animals, Products, Services, Events or Downloads and use of the Action Animals Website The Action Animals does its best to ensure that all the information on its website is current and accurate. However, mistakes can occur, so we would encourage anyone who may be thinking of making a special trip based on information displayed on the website to confirm that the information is correct. You can do this by emailing [email protected]
Now for our legal information:
1. DEFINITIONS
In these terms and conditions the following words shall have the meanings set out below:
"Confirmation" means the confirmation email sent to you by the Action Animals under clause 4.2.3 acknowledging your booking and setting out the details of your booking.
"Contract" means any contract for the hire or purchase of Animals, Products, Services, or Events made between you and the Action Animals (acting as agent for the relevant Third Party in those cases where a Third Party Event is the subject of the Ticket, event or service).
“Event” means any event offered for sale by and/or organized by the Action Animals including, but not limited to, workshops, projects, continued professional development events and staged performances.
“Action Animals” means The Action Animals Sole Trading business as may or may not be registered by Action Animals in Australia.
"Online Registration Form" means the series of pages for the Registration of Animals, Services, or Events set out on the Action Animals website.
“Third Party” means a party other than you and the Action Animals.
“Third Party Event” means an event organized by a Third Party in respect of which the Action Animals is acting as provider or agent only.
"Ticket" means any ticket for attending:
i. a live, staged performance of Animals, Products, Services in any one of the Action Animals auditoria;
ii. backstage tours;
iii. platforms;
iv. a Event; or
v. a Third Party Event
offered for sale by the Action Animals or its authorized agents and any reference in these terms and conditions to a ‘performance’ shall include any of these other than the hire or purchase of Animals, Products, Services, or Events.
2. GENERAL
2.1. These terms and conditions relate to the purchase and or hire and supply of Animals, Products, Services, or Events and the use of the Action Animals website generally. Please read these terms and conditions carefully before purchasing or hiring any Animals, Products, Services, or Events as by doing so, you accept that these terms and conditions will govern all Contracts.
2.2. Nothing in these terms and conditions is intended to affect your statutory rights.
2.3. These terms and conditions do not apply to any Animals, products, services or Events listed for sale on the Action Animals shop website to which separate terms and conditions apply.
2.4. You can see details of other companies we work on behalf of on our website credits page.
3. PURCHASING or Hiring, Animals, Products, Services, or Events.
3.1. If you make a group (film, television, video, photo shoot company) booking for Hiring or purchasing Animals, Products, Services or Events, you accept these terms and conditions on behalf of all members of the group (film, television, video, photo shoot company) and are responsible for all payments due from the party.
3.2. Only persons who are at least 18 years of age are permitted to book Animals, Products, Services, or Events. By booking Animals, Products, Services, or Events you warrant to the Action Animals that you comply with this requirement.
3.3. If there are any changes to your details once your booking has been concluded then it is your responsibility to inform the Action Animals. You can manage your booking by emailing the principal [email protected]
3.4. The Action Animals reserves the right to place restrictions on:
3.4.1. the volume of any Animals, Products, Services, or Events ordered; and
3.4.2. the number of places booked or for Animals, Products, Services, or Events and Third Party Events. In addition, the Action Animals shall be entitled to terminate Bookings, Hiring, Ticket sales for a performance Animals, Products, Services, or Events or a Third Party Event at such time as it shall think fit (or as directed by any relevant Third Party).
3.5. It is your responsibility to check that any Animals, Products, Services, or Events booked for you are accurate.
3.6. Any purchase of Products, Services, Events or Downloads is only valid when processed by the Action Animals or an agent authorized by the Action Animals.
3.7. If you wish to transfer your purchase, hire or booking of Animals, Products, Services, or Events into someone else’s name, you must contact the Action Animals office by either email or telephone at least three working days before the start of the booking. This facility may be refused by the Action Animals at its own discretion.
3.8. If you wish to transfer your Event into someone else’s name, you must contact the Action Animals office during working hours at least three days before the event is scheduled to take place so that the Action Animals may process this change.
3.9. Except as permitted by clauses 3.7 and 3.8, your booking of Animals, Products, Services, or Events may not be transferred or resold for commercial purposes or at a premium. If a booking or Event is transferred or resold in breach of this condition, the person/s claiming the right to attend the booking or event will be refused rights to the performance or event and any membership(s) you may have with the Action Animals will be terminated.
3.10. The Action Animals (or the relevant Third Party) shall be entitled to make changes as to speakers, performers, running times and such other matters as it thinks fit in the case of any event, including the Animals, Products, Services, or Events and Third Party Events.
3.11. By purchasing or booking an event, you shall be deemed to consent to your being filmed where the event or performance is being filmed.
3.12. The Action Animals (or the relevant Third Party) reserves the right to ask for proof of eligibility for access points for the event or performance at Action Animals discretion.
4. ADDITIONAL PROVISIONS APPLYING TO Animals Products, Services, or Events PURCHASED ON THE Action Animals WEBSITE
4.1. The website www.actionanimals.tv is owned and operated by the Action Animals.
4.2. If you choose to purchase or hire Animals, Products, Services, or Events over the Action Animals website and via normal communications arising from your use of the Action Animals website, your Contract will be concluded as follows:
4.2.1. completion and submission of the Booking shall constitute an offer by you to purchase or hire Animals, Products, Services, or Events subject to these terms and conditions. You can correct any mistakes you make when making your Booking at any point before submitting it (as maybe specified by action Animals or a third party agent);
4.2.2. once you submit the Booking, the Action Animals will check that you have agreed to all parts of the Booking and confirm that you have sufficient funds to cover the total cost of the booking. Upon confirmation of these details, the Action Animals will then invoice, or charge your credit or debit card accordingly. This in itself does not constitute acceptance of your offer;
4.2.3. once payment has been invoiced or taken, confirmation from Action Animals stating receipt of payment will be sent as soon as possible. This Confirmation shall constitute the Action Animals acceptance of your booking. A Contract will be formed once you have received the Confirmation;
4.2.4. if the Action Animals receives a prompt notification that the Confirmation was not delivered successfully, then the Action Animals will use reasonable endeavors to notify you of its acceptance and the details of your booking by other means.
4.3. The only language available for the conclusion of a Contract is English.
4.4. Details of all Contracts concluded (including the method of payment but not the card details) will be kept on file by us and can be provided to you upon request.
4.5. You are entirely responsible for entering your details correctly when making your Booking. By submitting your request for purchase or hire of Animals, Products, Services or events you agree an warrant to the Action Animals that all details supplied by you are true and accurate.
5. PRICE AND PAYMENT
5.1. The price (including all taxes where relevant) of all Animal, Products, Services, or Events are specified upon request. These details are based on the best available information to the Action Animals and the Action Animals is not obliged to conclude any Contract on these terms.
5.2. The price (including all taxes where relevant) of Animals, Products, Services, or Events available for purchase or hire are specified upon request to Action Animals. These details are based on the best available information to the Action Animals and the Action Animals is not obliged to conclude any Contract on these terms.
5.3. The price (including all taxes where relevant) of Animals, Products, Services, or Events booked over the phone, in person or by post are specified on request to Action Animals and/or will be provided to you at the time of booking. These details are based on the best available information to the Action Animals and the Action Animals is not obliged to conclude any Contract on these terms.
5.4. For bookings made online over the Action Animals website, the Action Animals accepts payment as specified at time of booking and may include by Bank transfer, Bank check (save in the case of a Third Party Event, unless the Action Animals and the Third Party determine otherwise).
5.5. For bookings made over the phone, via email, in person, by post or by fax the Action Animals accepts payment as specified at time of booking and may include by Bank transfer, Bank check (save in the case of a Third Party Event, unless the Action Animals and the Third Party determine otherwise).
5.6. Unless otherwise specified to you by the Principle you cannot opted to collect your purchase /hire of Animals, Products, Services,or Events in person (see clause 6 below).
5.7. If your Animals, Products, Services,or Events are specifically approved by the principle to being paid for using a third party credit/debit card you must provide the Action Animals with written authorization as appropriate from card holder.
6. DELIVERY OF Animals, Products, Services, or Events
6.1. You cannot opt to collect your Animals, Products, Services,or Events in person from the relevant Action Animals Agents or providers. Please note that if you book Animals, Products, Services,or Events for a performance which is scheduled to take place within 7 days of the date of your booking being concluded, your Animals, Products, Services,or Events are subject to our cancellation policy.
6.2. Unless requested by contacting Action Animals principle you agree to receive your purchase /hire of Animals, Products, Services,or Events as specified by Action Animals including making space on set as maybe requested by Action Animals (or third parties). You further agree that Action Animals will not accept any liability for any damages or unforeseen costs with relation to the hire and booking of Animals, Products, Services,or Events.
6.3. The Action Animals shall use reasonable endeavors to make sure your hire / purchase is provided to you within a reasonable time of your booking being concluded.
6.4. Duplicate bookings for Animals, Products, Services,or Events will not be provided in the case of loss relating to a Third Party Event.
7. REFUND AND EXCHANGE POLICY FOR Animals, Products, Services, or Events
7.1. Subject to clauses 7.2, 7.3, 7.5 and 8, the Action Animals will not refund your booking /hire after purchase. You will still be liable for payment of said booking /hire.
7.2. Where the Action Animals or the relevant Third Party is unable to perform a Contract on the date(s) agreed because the performance in question is no longer available or viable, or is abandoned when less than half the performance has taken place, the Action Animals will not refund to you any amount or the liable value of the booking by you unless agreed to by Action Animals Principle for the Animals, Products, Services,or Events purchased.
7.3. Where a performance has been cancelled or abandoned when more than half of the performance has taken place the Action Animals may, in its discretion (and provided any relevant Third Party agrees), refund to you the face value of the Animals, Products, Services,or Events hired / purchased (excluding any costs incurred).
7.4. Animals, Products, Services,or Events may be exchanged for later times (subject to agreement and availability as maybe specified by Action Animals) provided the notification is at least 7 days before the performance is due to take place for large bookings (as defined by Action Animals).
7.5. If due to you missing the agreed time /date for the booking /hire of Animals, Products, Services, or Events and have not arranged to exchange for a later time under clause 7.4 the Action Animals may, but will not be obliged to, resell the hire and booking on your behalf. If your Animals, Products, Services,or Events are successfully resold the Action Animals will not be obliged to refund to you the face value of the Animals, Products, Services,or Events purchased (excluding any other costs that may have been incurred ), minus any other fee Action Animals may feel appropriate and fair. The Action Animals will sell all of its own bookings /hiring of Animals, Products, Services,or Events before it will offer returned bookings /hiring of Animals, Products, Services, or Events for resale and the Action Animals cannot guarantee the successful resale of a booking /hiring of Animals, Products, Services,or Events.
7.6. Action Animals will issue a refund to you using the same method of payment that you used to purchase the Animals, Products, Services,or Events or via another method as maybe specified by Action Animals (i.e bank transfer...).
8. REFUND AND EXCHANGE POLICY FOR Animals, Products, Services,or Events
Where the Action Animals is unable to perform a Contract on the date(s) agreed because the Performance /Event is no longer available or must be abandoned (including where there are an insufficient number of participants), the Action Animals will inform you of this and issue you with a full refund (excluding any costs and ancillary expenditure incurred by you) as soon as possible. For these purposes, a Performance /Event shall not be treated as abandoned if it is discontinued after one half of such Performance /Event has been completed. Action Animals will issue a refund to you using the same method of payment that you used to purchase the Animals, Products, Services,or Events or via another method as maybe specified by Action Animals (i.e bank transfer...).
9. ALTERATIONS
All bookings /hiring of Animals, Products, Services, or Events are sold subject to the Action Animals right to make any alterations in the Animals, Products, Services, or Events details agreed to or advertised by Action Animals.
10. LIABILITIES OF Action Animals
10.1. Subject to clause 10.3 below, the Action Animals (or any relevant Third Party) will only be liable to you for direct and foreseeable losses arising as a result of:
10.1.1. a breach of these terms and conditions; or
10.1.2. any negligent act arising under or in connection with the Contract.
10.2. The Action Animals (or the relevant third Party’s) total liability under clause 10.1 above shall be limited to the total face value of the bookings /hiring of Animals, Products, Services, or Events purchased.
10.3. Nothing in this clause 10 excludes or limits liability for death, personal injury or fraud.
10.4. The Action Animals (or any relevant Third Party) will not be liable in any way if it is prevented from performing its obligations under or arising from any Contract due to any factors which are beyond its reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond its reasonable control:
10.4.1. acts of god, which include earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
10.4.2. force majeure which includes war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes and civil commotions;
10.4.3. power failure and failure of film, camera, sound or lighting equipment.
10.5. The Action Animals will not be liable for any losses incurred by you in connection with your use of the Action Animals company, for any delay in using or your inability to use our services, for any information or bookings /hiring of Animals, Products, Services, or Events obtained through the website or other normal methods and for any material posted to the website by the Action Animals or by users of the website.
Now for our legal information:
1. DEFINITIONS
In these terms and conditions the following words shall have the meanings set out below:
"Confirmation" means the confirmation email sent to you by the Action Animals under clause 4.2.3 acknowledging your booking and setting out the details of your booking.
"Contract" means any contract for the hire or purchase of Animals, Products, Services, or Events made between you and the Action Animals (acting as agent for the relevant Third Party in those cases where a Third Party Event is the subject of the Ticket, event or service).
“Event” means any event offered for sale by and/or organized by the Action Animals including, but not limited to, workshops, projects, continued professional development events and staged performances.
“Action Animals” means The Action Animals Sole Trading business as may or may not be registered by Action Animals in Australia.
"Online Registration Form" means the series of pages for the Registration of Animals, Services, or Events set out on the Action Animals website.
“Third Party” means a party other than you and the Action Animals.
“Third Party Event” means an event organized by a Third Party in respect of which the Action Animals is acting as provider or agent only.
"Ticket" means any ticket for attending:
i. a live, staged performance of Animals, Products, Services in any one of the Action Animals auditoria;
ii. backstage tours;
iii. platforms;
iv. a Event; or
v. a Third Party Event
offered for sale by the Action Animals or its authorized agents and any reference in these terms and conditions to a ‘performance’ shall include any of these other than the hire or purchase of Animals, Products, Services, or Events.
2. GENERAL
2.1. These terms and conditions relate to the purchase and or hire and supply of Animals, Products, Services, or Events and the use of the Action Animals website generally. Please read these terms and conditions carefully before purchasing or hiring any Animals, Products, Services, or Events as by doing so, you accept that these terms and conditions will govern all Contracts.
2.2. Nothing in these terms and conditions is intended to affect your statutory rights.
2.3. These terms and conditions do not apply to any Animals, products, services or Events listed for sale on the Action Animals shop website to which separate terms and conditions apply.
2.4. You can see details of other companies we work on behalf of on our website credits page.
3. PURCHASING or Hiring, Animals, Products, Services, or Events.
3.1. If you make a group (film, television, video, photo shoot company) booking for Hiring or purchasing Animals, Products, Services or Events, you accept these terms and conditions on behalf of all members of the group (film, television, video, photo shoot company) and are responsible for all payments due from the party.
3.2. Only persons who are at least 18 years of age are permitted to book Animals, Products, Services, or Events. By booking Animals, Products, Services, or Events you warrant to the Action Animals that you comply with this requirement.
3.3. If there are any changes to your details once your booking has been concluded then it is your responsibility to inform the Action Animals. You can manage your booking by emailing the principal [email protected]
3.4. The Action Animals reserves the right to place restrictions on:
3.4.1. the volume of any Animals, Products, Services, or Events ordered; and
3.4.2. the number of places booked or for Animals, Products, Services, or Events and Third Party Events. In addition, the Action Animals shall be entitled to terminate Bookings, Hiring, Ticket sales for a performance Animals, Products, Services, or Events or a Third Party Event at such time as it shall think fit (or as directed by any relevant Third Party).
3.5. It is your responsibility to check that any Animals, Products, Services, or Events booked for you are accurate.
3.6. Any purchase of Products, Services, Events or Downloads is only valid when processed by the Action Animals or an agent authorized by the Action Animals.
3.7. If you wish to transfer your purchase, hire or booking of Animals, Products, Services, or Events into someone else’s name, you must contact the Action Animals office by either email or telephone at least three working days before the start of the booking. This facility may be refused by the Action Animals at its own discretion.
3.8. If you wish to transfer your Event into someone else’s name, you must contact the Action Animals office during working hours at least three days before the event is scheduled to take place so that the Action Animals may process this change.
3.9. Except as permitted by clauses 3.7 and 3.8, your booking of Animals, Products, Services, or Events may not be transferred or resold for commercial purposes or at a premium. If a booking or Event is transferred or resold in breach of this condition, the person/s claiming the right to attend the booking or event will be refused rights to the performance or event and any membership(s) you may have with the Action Animals will be terminated.
3.10. The Action Animals (or the relevant Third Party) shall be entitled to make changes as to speakers, performers, running times and such other matters as it thinks fit in the case of any event, including the Animals, Products, Services, or Events and Third Party Events.
3.11. By purchasing or booking an event, you shall be deemed to consent to your being filmed where the event or performance is being filmed.
3.12. The Action Animals (or the relevant Third Party) reserves the right to ask for proof of eligibility for access points for the event or performance at Action Animals discretion.
4. ADDITIONAL PROVISIONS APPLYING TO Animals Products, Services, or Events PURCHASED ON THE Action Animals WEBSITE
4.1. The website www.actionanimals.tv is owned and operated by the Action Animals.
4.2. If you choose to purchase or hire Animals, Products, Services, or Events over the Action Animals website and via normal communications arising from your use of the Action Animals website, your Contract will be concluded as follows:
4.2.1. completion and submission of the Booking shall constitute an offer by you to purchase or hire Animals, Products, Services, or Events subject to these terms and conditions. You can correct any mistakes you make when making your Booking at any point before submitting it (as maybe specified by action Animals or a third party agent);
4.2.2. once you submit the Booking, the Action Animals will check that you have agreed to all parts of the Booking and confirm that you have sufficient funds to cover the total cost of the booking. Upon confirmation of these details, the Action Animals will then invoice, or charge your credit or debit card accordingly. This in itself does not constitute acceptance of your offer;
4.2.3. once payment has been invoiced or taken, confirmation from Action Animals stating receipt of payment will be sent as soon as possible. This Confirmation shall constitute the Action Animals acceptance of your booking. A Contract will be formed once you have received the Confirmation;
4.2.4. if the Action Animals receives a prompt notification that the Confirmation was not delivered successfully, then the Action Animals will use reasonable endeavors to notify you of its acceptance and the details of your booking by other means.
4.3. The only language available for the conclusion of a Contract is English.
4.4. Details of all Contracts concluded (including the method of payment but not the card details) will be kept on file by us and can be provided to you upon request.
4.5. You are entirely responsible for entering your details correctly when making your Booking. By submitting your request for purchase or hire of Animals, Products, Services or events you agree an warrant to the Action Animals that all details supplied by you are true and accurate.
5. PRICE AND PAYMENT
5.1. The price (including all taxes where relevant) of all Animal, Products, Services, or Events are specified upon request. These details are based on the best available information to the Action Animals and the Action Animals is not obliged to conclude any Contract on these terms.
5.2. The price (including all taxes where relevant) of Animals, Products, Services, or Events available for purchase or hire are specified upon request to Action Animals. These details are based on the best available information to the Action Animals and the Action Animals is not obliged to conclude any Contract on these terms.
5.3. The price (including all taxes where relevant) of Animals, Products, Services, or Events booked over the phone, in person or by post are specified on request to Action Animals and/or will be provided to you at the time of booking. These details are based on the best available information to the Action Animals and the Action Animals is not obliged to conclude any Contract on these terms.
5.4. For bookings made online over the Action Animals website, the Action Animals accepts payment as specified at time of booking and may include by Bank transfer, Bank check (save in the case of a Third Party Event, unless the Action Animals and the Third Party determine otherwise).
5.5. For bookings made over the phone, via email, in person, by post or by fax the Action Animals accepts payment as specified at time of booking and may include by Bank transfer, Bank check (save in the case of a Third Party Event, unless the Action Animals and the Third Party determine otherwise).
5.6. Unless otherwise specified to you by the Principle you cannot opted to collect your purchase /hire of Animals, Products, Services,or Events in person (see clause 6 below).
5.7. If your Animals, Products, Services,or Events are specifically approved by the principle to being paid for using a third party credit/debit card you must provide the Action Animals with written authorization as appropriate from card holder.
6. DELIVERY OF Animals, Products, Services, or Events
6.1. You cannot opt to collect your Animals, Products, Services,or Events in person from the relevant Action Animals Agents or providers. Please note that if you book Animals, Products, Services,or Events for a performance which is scheduled to take place within 7 days of the date of your booking being concluded, your Animals, Products, Services,or Events are subject to our cancellation policy.
6.2. Unless requested by contacting Action Animals principle you agree to receive your purchase /hire of Animals, Products, Services,or Events as specified by Action Animals including making space on set as maybe requested by Action Animals (or third parties). You further agree that Action Animals will not accept any liability for any damages or unforeseen costs with relation to the hire and booking of Animals, Products, Services,or Events.
6.3. The Action Animals shall use reasonable endeavors to make sure your hire / purchase is provided to you within a reasonable time of your booking being concluded.
6.4. Duplicate bookings for Animals, Products, Services,or Events will not be provided in the case of loss relating to a Third Party Event.
7. REFUND AND EXCHANGE POLICY FOR Animals, Products, Services, or Events
7.1. Subject to clauses 7.2, 7.3, 7.5 and 8, the Action Animals will not refund your booking /hire after purchase. You will still be liable for payment of said booking /hire.
7.2. Where the Action Animals or the relevant Third Party is unable to perform a Contract on the date(s) agreed because the performance in question is no longer available or viable, or is abandoned when less than half the performance has taken place, the Action Animals will not refund to you any amount or the liable value of the booking by you unless agreed to by Action Animals Principle for the Animals, Products, Services,or Events purchased.
7.3. Where a performance has been cancelled or abandoned when more than half of the performance has taken place the Action Animals may, in its discretion (and provided any relevant Third Party agrees), refund to you the face value of the Animals, Products, Services,or Events hired / purchased (excluding any costs incurred).
7.4. Animals, Products, Services,or Events may be exchanged for later times (subject to agreement and availability as maybe specified by Action Animals) provided the notification is at least 7 days before the performance is due to take place for large bookings (as defined by Action Animals).
7.5. If due to you missing the agreed time /date for the booking /hire of Animals, Products, Services, or Events and have not arranged to exchange for a later time under clause 7.4 the Action Animals may, but will not be obliged to, resell the hire and booking on your behalf. If your Animals, Products, Services,or Events are successfully resold the Action Animals will not be obliged to refund to you the face value of the Animals, Products, Services,or Events purchased (excluding any other costs that may have been incurred ), minus any other fee Action Animals may feel appropriate and fair. The Action Animals will sell all of its own bookings /hiring of Animals, Products, Services,or Events before it will offer returned bookings /hiring of Animals, Products, Services, or Events for resale and the Action Animals cannot guarantee the successful resale of a booking /hiring of Animals, Products, Services,or Events.
7.6. Action Animals will issue a refund to you using the same method of payment that you used to purchase the Animals, Products, Services,or Events or via another method as maybe specified by Action Animals (i.e bank transfer...).
8. REFUND AND EXCHANGE POLICY FOR Animals, Products, Services,or Events
Where the Action Animals is unable to perform a Contract on the date(s) agreed because the Performance /Event is no longer available or must be abandoned (including where there are an insufficient number of participants), the Action Animals will inform you of this and issue you with a full refund (excluding any costs and ancillary expenditure incurred by you) as soon as possible. For these purposes, a Performance /Event shall not be treated as abandoned if it is discontinued after one half of such Performance /Event has been completed. Action Animals will issue a refund to you using the same method of payment that you used to purchase the Animals, Products, Services,or Events or via another method as maybe specified by Action Animals (i.e bank transfer...).
9. ALTERATIONS
All bookings /hiring of Animals, Products, Services, or Events are sold subject to the Action Animals right to make any alterations in the Animals, Products, Services, or Events details agreed to or advertised by Action Animals.
10. LIABILITIES OF Action Animals
10.1. Subject to clause 10.3 below, the Action Animals (or any relevant Third Party) will only be liable to you for direct and foreseeable losses arising as a result of:
10.1.1. a breach of these terms and conditions; or
10.1.2. any negligent act arising under or in connection with the Contract.
10.2. The Action Animals (or the relevant third Party’s) total liability under clause 10.1 above shall be limited to the total face value of the bookings /hiring of Animals, Products, Services, or Events purchased.
10.3. Nothing in this clause 10 excludes or limits liability for death, personal injury or fraud.
10.4. The Action Animals (or any relevant Third Party) will not be liable in any way if it is prevented from performing its obligations under or arising from any Contract due to any factors which are beyond its reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond its reasonable control:
10.4.1. acts of god, which include earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
10.4.2. force majeure which includes war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes and civil commotions;
10.4.3. power failure and failure of film, camera, sound or lighting equipment.
10.5. The Action Animals will not be liable for any losses incurred by you in connection with your use of the Action Animals company, for any delay in using or your inability to use our services, for any information or bookings /hiring of Animals, Products, Services, or Events obtained through the website or other normal methods and for any material posted to the website by the Action Animals or by users of the website.
- CODE OF PRACTICE
The Action Animals follows the Australia retailers codes of practice. The code of practice can be accessed in English by clicking on the following link: http://www.retail.org.au/codes-of-practice.aspx
12. WEBSITE USE
12.1. The Action Animals website is for your own personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from the Action Animals website.
12.2. The contents of the Action Animals website, including any software, are protected by intellectual property rights and other related rights. No part of the Action Animals website may be reproduced in any form (electronically or otherwise) without the prior consent of the Action Animals, other than temporarily in the course of using the Action Animals booking service or as permitted by law.
12.3. You are not permitted to link to or use all or any part of the Action Animals website for any purpose which is unlawful, defamatory, harmful, obscene or objectionable.
12.4. You are not permitted to transmit anything which, in the Action Animals opinion, harms the Action Animals business or in any way offends other users or persons.
12.5. You are not permitted to alter the Action Animals website in any way.
12.6. You must not post onto or transmit to the Action Animals website any material containing software viruses or files which may damage or disrupt the good working order of computer or telecommunications equipment.
12.7. The Action Animals reserves the right to refuse to post onto or remove anything from its website which, in the Action Animals opinion, is objectionable or does not comply with these terms and conditions. The Action Animals shall not in any way be liable for such actions.
12.8. The Action Animals may record, preserve, trace and disclose anything which has been transmitted to, from or via the Action Animals website where required by law or where the Action Animals is acting in good faith.
12.9. If you create, or are provided with, a username, password or any other piece of information as part of the Action Animals security procedures, you must treat this information as confidential. In particular, you must not disclose this information to any third party.
13. LINKS TO THIRD PARTY SITES
The Action Animals website may contain hyperlinks to websites operated by parties other than the Action Animals. The operation of such websites is outside the Action Animals control and you proceed at your own risk. The Action Animals does not endorse or sponsor and is not liable for the products, services or content you access through any linked site.
14. DATA PROTECTION
The Action Animals will collect, use, store and disclose your personal details in accordance with our privacy policy which can be accessed from the Action Animals website homepage.
15. CONTACT AND COMPLAINTS
If you need to contact the Action Animals, or if you wish to complain about your experience purchasing Products, Services, Events or Downloads or using the Action Animals website, you can do so using any of the following methods:
• email: [email protected]
16. ENTIRE AGREEMENT
All the terms of any Contract are contained or are referred to within these terms and conditions.
17. SEVERABILITY
If any part of these terms and conditions is held to be unenforceable this will not affect the enforceability of the remaining provisions.
18. SAFETY AND ENJOYMENT OF SPECIAL EVENTS
18.1. The Action Animals (or the relevant Third Party) reserves the right to refuse admission and may request any patron or Event participants to leave (taking any such appropriate action which may be necessary to enforce this right) before or during performances if it considers it to be necessary or desirable to do so. The Action Animals (or the relevant Third Party) may also, on certain occasions, have to conduct security searches to ensure the safety of its staff and animals.
18.2. Latecomers will be asked to wait until a suitable break in the performance or Event before being admitted to the auditorium or other venue.
18.3. Cans or glass containers may not be brought into the auditorium.
18.4. Mobile phones and other electronic equipment must be switched off (not silenced) before entering the auditorium.
18.5. To be admitted you must be in possession of a valid Ticket. In the case of Products, Services, Events or Downloads you must have paid for that product.
18.6. Unless a performance is expressly stated to permit entry to children under the age of four, children under the age of four are not permitted to enter the auditoriums but are welcome in the foyers.
18.7. Please note that strobe lighting, smoke effects and gunshots are sometimes used in productions.
18.8. The Action Animals and any authorised third parties may carry out general filming and sound recording in or about the venue. By purchasing Products, Services, Events or Downloads, you consent to you and your party being included in and to the commercial exploitation of such films and recordings without payment.
19. THIRD PARTIES
Nothing contained in any Contract is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any third party.
20. GOVERNING LAW
These terms and conditions and any Contract concluded incorporating these terms and conditions shall be governed by New South Wales law and all disputes shall be submitted to the exclusive jurisdiction of the New South Wales courts.
The Laws of NSW and the federal Laws of Australia shall govern the operations of this Website including any subsequent business and inquires arising from information on this website. Any and all disputes must be made in writing to the Action Animals Address supplied in this website. If the matter cannot be resolved within a reasonable time-frame both parties agree to have the issues heard before an independent registered legal arbitrator in NSW as prescribed by the (Action Animals). The parties will agree to the findings and /or rulings of the independent registered legal arbitrator as prescribed by the (Action Animals).
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