Penelope Sai Terms and conditions for the purchase of tickets, CD's or Downloads and use of the Penelope Sai Website The Penelope Sai 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 penelope@penelopesai.com
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 Penelope Sai under clause 4.2.3 acknowledging your booking and setting out the details of your booking.
"Contract" means any contract for the purchase of Tickets made between you and the Penelope Sai (acting as agent for the relevant Third Party in those cases where a Third Party Event is the subject of the Ticket).
“Event” means any event offered for sale by and/or organised by the Penelope Sai learning department including, but not limited to, workshops, projects, continued professional development events and staged performances.
“Penelope Sai” means The Penelope Sai Company as may be registered by Penelope Sai in Australia.
"Online Booking Form" means the series of pages for the booking of Tickets set out on the Penelope Sai’s website.
“Third Party” means a party other than you and the Penelope Sai.
“Third Party Event” means an event organised by a Third Party in respect of which the Penelope Sai is acting as ticketing agent only.
"Ticket" means any ticket for attending:
i. a live, staged performance of a theatrical or operatic nature in any one of the Penelope Sai's auditoria;
ii. backstage tours;
iii. platforms;
iv. a Event; or
v. a Third Party Event
offered for sale by the Penelope Sai or its authorised agents and any reference in these terms and conditions to a ‘performance’ shall include any of these other than CD's or Downloads.
2. GENERAL
2.1. These terms and conditions relate to the purchase and supply of Tickets and CD's or Downloads and the use of the Penelope Sai’s website generally. Please read these terms and conditions carefully before purchasing any Tickets or CD's or Downloads 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 product listed for sale on the Penelope Sai 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
3. PURCHASING TICKETS AND CD's or Downloads
3.1. If you make a group booking, you accept these terms and conditions on behalf of all members of the group 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 Tickets. By booking Tickets you warrant to the Penelope Sai 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 Penelope Sai. You can manage your booking by emailing secretary penelopesai@penelopesai.com
3.4. The Penelope Sai reserves the right to place restrictions on:
3.4.1. the volume of any Tickets ordered; and
3.4.2. the number of places booked or for CD's or Downloads and Third Party Events.
In addition, the Penelope Sai shall be entitled to terminate Ticket sales for a performance 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 Tickets issued to you are accurate.
3.6. Any purchase of Tickets or CD's or Downloads is only valid when processed by the Penelope Sai or an agent authorised by the Penelope Sai.
3.7. If you wish to transfer your Tickets into someone else’s name, you must contact the Penelope Sai office by either email or telephone at least three hours before the start of the performance. This facility may be refused by the Penelope Sai in the case of a Third Party Event.
3.8. If you wish to transfer your Event into someone else’s name, you must contact the Penelope Sai office no later than 6pm on the day before the event is scheduled to take place so that the Penelope Sai may process this change.
3.9. Except as permitted by clauses 3.7 and 3.8, your Tickets and CD's or Downloads may not be transferred or resold for commercial purposes or at a premium. If a Ticket or Event is transferred or resold in breach of this condition, the bearer of the Ticket or the person claiming the right to attend the event will be refused admission to the performance or event and any membership(s) you may have with the Penelope Sai will be terminated.
3.10. The Penelope Sai (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 CD's or Downloads and Third Party Events.
3.11. By purchasing a Ticket, you shall be deemed to consent to your being filmed where the event or performance is being filmed.
3.12. The Penelope Sai (or the relevant Third Party) reserves the right to ask for proof of eligibility for concessions at the access points for the event or performance.
4. ADDITIONAL PROVISIONS APPLYING TO TICKETS AND CD's or Downloads PURCHASED ON THE Penelope Sai’S WEBSITE
4.1. The website www.penelopesai.com is owned and operated by the Penelope Sai.
4.2. If you choose to purchase Tickets or CD's or Downloads over the Penelope Sai’s website, your Contract will be concluded as follows:
4.2.1. completion and submission of the Online Booking Form shall constitute an offer by you to purchase Tickets or CD's or Downloads subject to these terms and conditions. You can correct any mistakes you make when filling out the Online Booking Form at any point before submitting it;
4.2.2. once you submit the Online Booking Form, the Penelope Sai will check that you have completed all parts of the Online Booking Form and confirm that you have sufficient funds to cover the total cost of the booking. Upon confirmation of these details, the Penelope Sai will then charge your credit or debit card accordingly. This in itself does not constitute acceptance of your offer;
4.2.3. once payment has been taken, an on-screen confirmation will be displayed and the Penelope Sai will send you a Confirmation as soon as possible. This Confirmation shall constitute the Penelope Sai’s acceptance of your booking. A Contract will be formed once you have received the Confirmation;
4.2.4. if the Penelope Sai receives a prompt notification that the Confirmation was not delivered successfully, then the Penelope Sai will use reasonable endeavours 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 online is English.
4.4. Details of all Contracts concluded online (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 on the Online Booking Form. By submitting an Online Booking Form you warrant to the Penelope Sai 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 Tickets are specified on the Penelope Sai website. These details are based on the best available information to the Penelope Sai and the Penelope Sai is not obliged to conclude any Contract on these terms.
5.2. The price (including all taxes where relevant) of CD's or Downloads available for purchase online are specified on the Penelope Sai’s website. These details are based on the best available information to the Penelope Sai and the Penelope Sai is not obliged to conclude any Contract on these terms.
5.3. The price (including all taxes where relevant) of CD's or Downloads booked over the phone, in person or by post are displayed on the Penelope Sai’s website and/or will be provided to you at the time of booking. These details are based on the best available information to the Penelope Sai and the Penelope Sai is not obliged to conclude any Contract on these terms.
5.4. For bookings made online over the Penelope Sai’s website, the Penelope Sai accepts payment by Paypal, MasterCard, Visa and (save in the case of a Third Party Event, unless the Penelope Sai and the Third Party determine otherwise).
5.5. For bookings made over the phone, via email, in person, by post or by fax the Penelope Sai accepts payment by Paypal, American Express, MasterCard, Visa, cheque and /or (save in the case of a Third Party Event, unless the Penelope Sai and the Third Party determine otherwise).
5.6. Unless you have opted to collect your Tickets in person (see clause 6 below), the price is subject to a non-refundable per order delivery charge of $5. If you are booking Tickets using the Penelope Sai’s website, any delivery charges will be displayed as a separate item on the Online Booking Form.
5.7. If your Tickets or CD's or Downloads are being paid for using a third party credit/debit card you must provide the Penelope Sai with written authorization as appropriate from card holder.
6. DELIVERY OF TICKETS
6.1. You can opt to collect your Tickets in person from the relevant Penelope Sai box office. We will not charge you for delivery if you select this option when booking Tickets. The option to collect Tickets is clearly displayed on the Online Booking Form for those booking online. Please note that if you book Tickets for a performance which is scheduled to take place within 7 days of the date of your booking being concluded, your Tickets are subject to our cancellation policy.
6.2. If you do not choose to collect your Tickets in person, unless requested by contacting our secretary you agree to receive your tickets electronically in the form of a reciept of payment and you further agree that the numbers desplayed on your receipt are equivalent to your tracking number for this product/s. Upon request the receipt /tickets will be posted to you by standard post. You agree that Penelope Sai will not accept any liability for any Tickets mislaid or lost by the Australia Post Mail.
6.3. The Penelope Sai shall use reasonable endeavors to post your Tickets to the address you provided when you made your booking (or to the billing address of the credit/debit card holder if they are not one and the same) within a reasonable time of your booking being concluded.
6.4. Duplicate Tickets will not be provided in the case of loss of the originals relating to a Third Party Event.
7. REFUND AND EXCHANGE POLICY FOR TICKETS
7.1. Subject to clauses 7.2, 7.3, 7.5 and 8, the Penelope Sai will not refund your Tickets after purchase.
7.2. Where the Penelope Sai 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 Penelope Sai will refund to you the face value of the Tickets purchased (excluding any delivery charges).
7.3. Where a performance has been cancelled or abandoned when more than half of the performance has taken place the Penelope Sai may, in its discretion (and provided any relevant Third Party agrees), refund to you the face value of the Tickets purchased (excluding any delivery charges).
7.4. Tickets may be exchanged for later performances (subject to availability) or credit vouchers provided that the Penelope Sai receives your Tickets at least 3 Days before the performance is due to take place (or at least 7 days before the performance is due to take place for group bookings). An additional per ticket handling charge of $5 will be payable by you for this service.
7.5. If you do not return your Tickets in time to exchange them or receive a credit voucher under clause 7.4 the Penelope Sai may, but will not be obliged to, resell them on your behalf. If your Tickets are successfully resold the Penelope Sai will refund to you the face value of the Tickets purchased (excluding any delivery charges), minus an administration fee of $5 per ticket. The Penelope Sai will sell all of its own tickets before it will offer returned tickets for resale and the Penelope Sai cannot guarantee the successful resale of any returned Tickets.
7.6. Penelope Sai will issue a refund to you using the same method of payment that you used to purchase the Tickets.
8. REFUND AND EXCHANGE POLICY FOR CD's or Downloads
Where the Penelope Sai 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 Penelope Sai will inform you of this and issue you with a full refund (excluding any delivery charges 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. Penelope Sai will issue a refund to you using the same method of payment that you used to purchase the Tickets.
9. ALTERATIONS
All Tickets and CD's or Downloads are sold subject to the Penelope Sai's right to make any alterations in the cast or programme details advertised on the Penelope Sai’s website or other appropriate location.
10. LIABILITIES OF THE Penelope Sai
10.1. Subject to clause 10.3 below, the Penelope Sai (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 Penelope Sai's (or the relevant third Party’s) total liability under clause 10.1 above shall be limited to the total face value of the Tickets or the price of the un-ticketed Event purchased.
10.3. Nothing in this clause 10 excludes or limits liability for death, personal injury or fraud.
10.4. The Penelope Sai (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 sound or lighting equipment.
10.5. The Penelope Sai will not be liable for any losses incurred by you in connection with your use of the Penelope Sai's website, for any delay in using or your inability to use the website, for any information or Tickets obtained through the website or for any material posted to the website by the Penelope Sai 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 Penelope Sai under clause 4.2.3 acknowledging your booking and setting out the details of your booking.
"Contract" means any contract for the purchase of Tickets made between you and the Penelope Sai (acting as agent for the relevant Third Party in those cases where a Third Party Event is the subject of the Ticket).
“Event” means any event offered for sale by and/or organised by the Penelope Sai learning department including, but not limited to, workshops, projects, continued professional development events and staged performances.
“Penelope Sai” means The Penelope Sai Company as may be registered by Penelope Sai in Australia.
"Online Booking Form" means the series of pages for the booking of Tickets set out on the Penelope Sai’s website.
“Third Party” means a party other than you and the Penelope Sai.
“Third Party Event” means an event organised by a Third Party in respect of which the Penelope Sai is acting as ticketing agent only.
"Ticket" means any ticket for attending:
i. a live, staged performance of a theatrical or operatic nature in any one of the Penelope Sai's auditoria;
ii. backstage tours;
iii. platforms;
iv. a Event; or
v. a Third Party Event
offered for sale by the Penelope Sai or its authorised agents and any reference in these terms and conditions to a ‘performance’ shall include any of these other than CD's or Downloads.
2. GENERAL
2.1. These terms and conditions relate to the purchase and supply of Tickets and CD's or Downloads and the use of the Penelope Sai’s website generally. Please read these terms and conditions carefully before purchasing any Tickets or CD's or Downloads 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 product listed for sale on the Penelope Sai 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
3. PURCHASING TICKETS AND CD's or Downloads
3.1. If you make a group booking, you accept these terms and conditions on behalf of all members of the group 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 Tickets. By booking Tickets you warrant to the Penelope Sai 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 Penelope Sai. You can manage your booking by emailing secretary penelopesai@penelopesai.com
3.4. The Penelope Sai reserves the right to place restrictions on:
3.4.1. the volume of any Tickets ordered; and
3.4.2. the number of places booked or for CD's or Downloads and Third Party Events.
In addition, the Penelope Sai shall be entitled to terminate Ticket sales for a performance 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 Tickets issued to you are accurate.
3.6. Any purchase of Tickets or CD's or Downloads is only valid when processed by the Penelope Sai or an agent authorised by the Penelope Sai.
3.7. If you wish to transfer your Tickets into someone else’s name, you must contact the Penelope Sai office by either email or telephone at least three hours before the start of the performance. This facility may be refused by the Penelope Sai in the case of a Third Party Event.
3.8. If you wish to transfer your Event into someone else’s name, you must contact the Penelope Sai office no later than 6pm on the day before the event is scheduled to take place so that the Penelope Sai may process this change.
3.9. Except as permitted by clauses 3.7 and 3.8, your Tickets and CD's or Downloads may not be transferred or resold for commercial purposes or at a premium. If a Ticket or Event is transferred or resold in breach of this condition, the bearer of the Ticket or the person claiming the right to attend the event will be refused admission to the performance or event and any membership(s) you may have with the Penelope Sai will be terminated.
3.10. The Penelope Sai (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 CD's or Downloads and Third Party Events.
3.11. By purchasing a Ticket, you shall be deemed to consent to your being filmed where the event or performance is being filmed.
3.12. The Penelope Sai (or the relevant Third Party) reserves the right to ask for proof of eligibility for concessions at the access points for the event or performance.
4. ADDITIONAL PROVISIONS APPLYING TO TICKETS AND CD's or Downloads PURCHASED ON THE Penelope Sai’S WEBSITE
4.1. The website www.penelopesai.com is owned and operated by the Penelope Sai.
4.2. If you choose to purchase Tickets or CD's or Downloads over the Penelope Sai’s website, your Contract will be concluded as follows:
4.2.1. completion and submission of the Online Booking Form shall constitute an offer by you to purchase Tickets or CD's or Downloads subject to these terms and conditions. You can correct any mistakes you make when filling out the Online Booking Form at any point before submitting it;
4.2.2. once you submit the Online Booking Form, the Penelope Sai will check that you have completed all parts of the Online Booking Form and confirm that you have sufficient funds to cover the total cost of the booking. Upon confirmation of these details, the Penelope Sai will then charge your credit or debit card accordingly. This in itself does not constitute acceptance of your offer;
4.2.3. once payment has been taken, an on-screen confirmation will be displayed and the Penelope Sai will send you a Confirmation as soon as possible. This Confirmation shall constitute the Penelope Sai’s acceptance of your booking. A Contract will be formed once you have received the Confirmation;
4.2.4. if the Penelope Sai receives a prompt notification that the Confirmation was not delivered successfully, then the Penelope Sai will use reasonable endeavours 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 online is English.
4.4. Details of all Contracts concluded online (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 on the Online Booking Form. By submitting an Online Booking Form you warrant to the Penelope Sai 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 Tickets are specified on the Penelope Sai website. These details are based on the best available information to the Penelope Sai and the Penelope Sai is not obliged to conclude any Contract on these terms.
5.2. The price (including all taxes where relevant) of CD's or Downloads available for purchase online are specified on the Penelope Sai’s website. These details are based on the best available information to the Penelope Sai and the Penelope Sai is not obliged to conclude any Contract on these terms.
5.3. The price (including all taxes where relevant) of CD's or Downloads booked over the phone, in person or by post are displayed on the Penelope Sai’s website and/or will be provided to you at the time of booking. These details are based on the best available information to the Penelope Sai and the Penelope Sai is not obliged to conclude any Contract on these terms.
5.4. For bookings made online over the Penelope Sai’s website, the Penelope Sai accepts payment by Paypal, MasterCard, Visa and (save in the case of a Third Party Event, unless the Penelope Sai and the Third Party determine otherwise).
5.5. For bookings made over the phone, via email, in person, by post or by fax the Penelope Sai accepts payment by Paypal, American Express, MasterCard, Visa, cheque and /or (save in the case of a Third Party Event, unless the Penelope Sai and the Third Party determine otherwise).
5.6. Unless you have opted to collect your Tickets in person (see clause 6 below), the price is subject to a non-refundable per order delivery charge of $5. If you are booking Tickets using the Penelope Sai’s website, any delivery charges will be displayed as a separate item on the Online Booking Form.
5.7. If your Tickets or CD's or Downloads are being paid for using a third party credit/debit card you must provide the Penelope Sai with written authorization as appropriate from card holder.
6. DELIVERY OF TICKETS
6.1. You can opt to collect your Tickets in person from the relevant Penelope Sai box office. We will not charge you for delivery if you select this option when booking Tickets. The option to collect Tickets is clearly displayed on the Online Booking Form for those booking online. Please note that if you book Tickets for a performance which is scheduled to take place within 7 days of the date of your booking being concluded, your Tickets are subject to our cancellation policy.
6.2. If you do not choose to collect your Tickets in person, unless requested by contacting our secretary you agree to receive your tickets electronically in the form of a reciept of payment and you further agree that the numbers desplayed on your receipt are equivalent to your tracking number for this product/s. Upon request the receipt /tickets will be posted to you by standard post. You agree that Penelope Sai will not accept any liability for any Tickets mislaid or lost by the Australia Post Mail.
6.3. The Penelope Sai shall use reasonable endeavors to post your Tickets to the address you provided when you made your booking (or to the billing address of the credit/debit card holder if they are not one and the same) within a reasonable time of your booking being concluded.
6.4. Duplicate Tickets will not be provided in the case of loss of the originals relating to a Third Party Event.
7. REFUND AND EXCHANGE POLICY FOR TICKETS
7.1. Subject to clauses 7.2, 7.3, 7.5 and 8, the Penelope Sai will not refund your Tickets after purchase.
7.2. Where the Penelope Sai 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 Penelope Sai will refund to you the face value of the Tickets purchased (excluding any delivery charges).
7.3. Where a performance has been cancelled or abandoned when more than half of the performance has taken place the Penelope Sai may, in its discretion (and provided any relevant Third Party agrees), refund to you the face value of the Tickets purchased (excluding any delivery charges).
7.4. Tickets may be exchanged for later performances (subject to availability) or credit vouchers provided that the Penelope Sai receives your Tickets at least 3 Days before the performance is due to take place (or at least 7 days before the performance is due to take place for group bookings). An additional per ticket handling charge of $5 will be payable by you for this service.
7.5. If you do not return your Tickets in time to exchange them or receive a credit voucher under clause 7.4 the Penelope Sai may, but will not be obliged to, resell them on your behalf. If your Tickets are successfully resold the Penelope Sai will refund to you the face value of the Tickets purchased (excluding any delivery charges), minus an administration fee of $5 per ticket. The Penelope Sai will sell all of its own tickets before it will offer returned tickets for resale and the Penelope Sai cannot guarantee the successful resale of any returned Tickets.
7.6. Penelope Sai will issue a refund to you using the same method of payment that you used to purchase the Tickets.
8. REFUND AND EXCHANGE POLICY FOR CD's or Downloads
Where the Penelope Sai 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 Penelope Sai will inform you of this and issue you with a full refund (excluding any delivery charges 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. Penelope Sai will issue a refund to you using the same method of payment that you used to purchase the Tickets.
9. ALTERATIONS
All Tickets and CD's or Downloads are sold subject to the Penelope Sai's right to make any alterations in the cast or programme details advertised on the Penelope Sai’s website or other appropriate location.
10. LIABILITIES OF THE Penelope Sai
10.1. Subject to clause 10.3 below, the Penelope Sai (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 Penelope Sai's (or the relevant third Party’s) total liability under clause 10.1 above shall be limited to the total face value of the Tickets or the price of the un-ticketed Event purchased.
10.3. Nothing in this clause 10 excludes or limits liability for death, personal injury or fraud.
10.4. The Penelope Sai (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 sound or lighting equipment.
10.5. The Penelope Sai will not be liable for any losses incurred by you in connection with your use of the Penelope Sai's website, for any delay in using or your inability to use the website, for any information or Tickets obtained through the website or for any material posted to the website by the Penelope Sai or by users of the website.
- CODE OF PRACTICE
The Penelope Sai 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 Penelope Sai’s 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 Penelope Sai’s website.
12.2. The contents of the Penelope Sai’s website, including any software, are protected by intellectual property rights and other related rights. No part of the Penelope Sai’s website may be reproduced in any form (electronically or otherwise) without the prior consent of the Penelope Sai, other than temporarily in the course of using the Penelope Sai's booking service or as permitted by law.
12.3. You are not permitted to link to or use all or any part of the Penelope Sai’s website for any purpose which is unlawful, defamatory, harmful, obscene or objectionable.
12.4. You are not permitted to transmit anything which, in the Penelope Sai's opinion, harms the Penelope Sai’s business or in any way offends other users or persons.
12.5. You are not permitted to alter the Penelope Sai’s website in any way.
12.6. You must not post onto or transmit to the Penelope Sai’s 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 Penelope Sai reserves the right to refuse to post onto or remove anything from its website which, in the Penelope Sai's opinion, is objectionable or does not comply with these terms and conditions. The Penelope Sai shall not in any way be liable for such actions.
12.8. The Penelope Sai may record, preserve, trace and disclose anything which has been transmitted to, from or via the Penelope Sai's website where required by law or where the Penelope Sai 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 Penelope Sai’s 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 Penelope Sai's website may contain hyperlinks to websites operated by parties other than the Penelope Sai. The operation of such websites is outside the Penelope Sai's control and you proceed at your own risk. The Penelope Sai 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 Penelope Sai will collect, use, store and disclose your personal details in accordance with our privacy policy which can be accessed from the Penelope Sai's website homepage.
15. CONTACT AND COMPLAINTS
If you need to contact the Penelope Sai, or if you wish to complain about your experience purchasing Tickets or CD's or Downloads or using the Penelope Sai’s website, you can do so using any of the following methods:
• email: penelope@penelopesai.com
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
18.1. The Penelope Sai (or the relevant Third Party) reserves the right to refuse admission and may request any Ticket holders and 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 Penelope Sai (or the relevant Third Party) may also, on certain occasions, have to conduct security searches to ensure the safety of its patrons.
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 CD's 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 Penelope Sai and any authorised third parties may carry out general filming and sound recording in or about the venue. By purchasing Tickets or a Event, 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. Any and all disputes must be made in writing to the Penelope Sai 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 (Penelope Sai). The parties will agree to the findings and rulings of the independent registered legal arbitrator as prescribed by the (Penelope Sai).