Terms and conditions

1. Background

1.1. This website (Website) is operated by Design Outlook Pty Ltd (Design Outlook) ABN 72 655 333 403 of 318 Queen St, Melbourne, Victoria, 3000. Throughout the website, the terms “we”, “us” and “our” refer to Design Outlook.

1.2. This page sets out the terms of use of this Website as well as the terms and conditions of purchasing and attending any event presented by Design Outlook (together, Terms and Conditions). By accessing this Website or purchasing a ticket to a Design Outlook event (Event) you agree to comply with and be legally bound by these Terms and Conditions. We may change these Terms and Conditions at our discretion and without notice. If you object to any of our Terms and Conditions your sole option is to immediately cease your use of our Website and the services provided via our Website.

1.3. The use of this Website, our apps, and any of our content on social media sites, on any computer, mobile phone, tablet, console or other device is subject to these Terms and Conditions which comprises our Privacy Policy https://designoutlook.com.au/privacy and any other additional terms, conditions, policies, rules, disclaimers and notices displayed by us elsewhere on our Website and as amended by us from time to time.

1.4. These Terms and Conditions are in addition to any terms and conditions that may be applied by third party platforms used to purchase tickets to Design Outlook events as well as venues where Design Outlook Events take place, including any digital platforms such as Zoom, YouTube, Skype, Twitch and Vimeo.

2. Your use of our website

2.1. The Website is available to provide information to you about Events and other general information.

2.2. By accessing and using the Website you warrant and agree that you will not:

1. use the Website for any purpose other than provided for under these Terms and Conditions;
2. use the Website or any services accessed via the Website for any commercial purpose without our prior written consent;
3. copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website in any way whatsoever;
4. hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
5. use the Website for any activity which is obscene, indecent, offensive or defamatory;
6. hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or any information contained within it;
7. tamper with, hinder the operation of or make unauthorised modifications to the Website;
8. use the Website with an incompatible or unauthorised device;
9. upload any material onto the Website, or use the Website in any way which: infringes the intellectual property rights of any person; or is unlawful or violates any law;
10. breach any other terms of our Terms and Conditions or our Privacy Policy.

3. Event information and admission

3.1. Our Website contains information about Events presented and promoted by us and how you can purchase tickets to such Events. We use reasonable endeavours to ensure that Event details are correct and up-to-date, however details and prices and subject to change where necessary and without notice. Presenters may be added, withdrawn or substituted for specific Events. We accept no responsibility for errors in such information and make no representations or warranties as to the availability of any Events offered or advertised on this Website.

3.2. Design Outlook reserves the right to change the Event date, time or venue if necessary and will notify customers of the change by email. In some instances Design Outlook will also contact attendees via SMS or phone. If your contact details are out of date, or not provided to Design Outlook at the time of booking, we may be unable to contact you regarding any Event changes or cancellations.

3.3. Design Outlook reserves the right to deny in its absolute discretion any person admission to an Event.

3.4. Entry to an Event is at an individual’s own risk. To the maximum extent permitted by law, Design Outlook will not be responsible for any loss, damage, harm or injury arising from your attendance at an Event.

3.5. Admission to an Event is conditional upon holding a valid ticket. Where concessions are available, suitable and valid identification must be provided for collection of tickets and for admission to Event venues.

3.6. Latecomers will only be admitted during a suitable break or as determined by Design Outlook.

3.7. No photography, audio or video recording is permitted inside Event venues (including any digital platforms used to access and attend an Event).

3.8. By attending an Event, unless you otherwise opt-out, you grant Design Outlook permission to film or photograph you, and to reproduce that film or photograph in any audio, video, or photographic display or other transmission, exhibition, publication or reproduction in any medium or context without further authorisation by, or compensation to, you. If you wish to opt-out of any filming or photography, please alert Event photographers so you are not captured in images.

4. Ticketing and payment

4.1. All prices quoted by us on our Website are in Australian Dollars and include GST (unless specified otherwise.

4.2. Tickets to Events presented by Design Outlook can be purchased through Humanitix, a third-party ticketing platform. Payments are processed through Pin Payments, a third party payment gateway. You acknowledge that and accept that payments for tickets are not processed or taken by us and agree to be bound by any policies and terms of use prescribed by Humanitix and Pin Payments.

4.3. Tickets may not, without prior written consent from Design Outlook, be resold at a premium, offered as a prize or used for advertising or other promotional use. A ticket purchased from a reseller does not guarantee you entry to an Event.

5. Covid-19

Design Outlook Events are conducted in accordance with Victorian Government COVID Safe Guidelines.

Please do not attend an Event if you are:

1. feeling unwell;
2. showing symptoms of coronavirus (COVID-19);
3. are awaiting a COVID-19 test result; or
4. have otherwise been directed to self-isolate.

5.3. You will be entitled to a refund or an exchange in these circumstances. Please contact Design Outlook a minimum of 6 hours prior to the Event.

5.4. No refunds will be offered if you do not wish to attend an Event due to fear of exposure, if you are in a higher risk group, or are refused entry to the Event.

5.5. If an Event is cancelled or significantly rescheduled due to COVID-19 or other intervening circumstances, exchanges and refunds will be processed as required by law. If an Event requires a reduction in capacity to ensure a safe event or by government directive, refunds and exchanges will be processed in reverse order based on transaction date. In the Event of a cancellation due to intervening circumstances, Design Outlook reserves the right to retain the ticketing transaction fee.

5.6. If an Event requires a reduction in capacity to ensure a safe event or by government directive, refunds and exchanges will be processed in reverse order based on transaction date.

6. Refunds and exchanges

6.1. Refunds are available up to thirty (30) days prior to an Event. Refunds for tickets purchased by credit card will be refunded to that credit card. Auxiliary expenses incurred by you in connection with your attendance or non-attendance at an Event, including a cancelled, rescheduled or significantly relocated Event, will not be refunded.

6.2. Tickets to Events may be exchanged only where expressly permitted by Design Outlook. Where exchanges are permitted, they may be subject to certain conditions, and additional fees may also apply. Exchanges must be requested at least 48 hours in advance of the Event.

7. Privacy

7.1. Your use of our Website may involve submitting your personal information via a form or other communication. Where applicable, we will collect your Personal Information subject to our Privacy Policy which is governed by the Australian Privacy Principles. By using the Website, you hereby agree to the terms of the Privacy Policy.

7.2. Your privacy is very important to us. Please refer to our Privacy Policy for further information about how we collect and manage your personal information.

8. Intellectual property

8.1. Our Website contains intellectual property including trademarks, confidential information and copyright, together with any goodwill, reputation and intellectual property rights subsisting in those things.

8.2. You should assume that any intellectual property in the Website is owned by Design Outlook or third parties and unless permitted by law, you must not:

1. adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or
2. commercialise any information, products or services obtained from any part of the Website.

9. Third party sites

9.1. Our Website may contain links to other websites, applications or other products or services operated by third parties (Third Party Sites). We do not endorse, monitor or have control over, and are not responsible for the content or policies on any Third Party Sites. We also do not make any warranties or representations as to the quality, accuracy or lawfulness of the content on any Third Party Sites.

9.2. Your access of any Third Party Sites via our Website is accordingly at your own risk and we recommend making enquires before relying on any content on any Third Party Sites.

10. Limitation of liability

10.1. To the maximum extent permitted at law, we and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to:

1. the use of, or inability to use, or reliance on, the Services and any of the information or material on the Website;
2. the use of other third party linked websites;
3. the suspension, termination or interruption of the Website in whole or in part for whatever reason;
4. the loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the Website.

10.2. Where liability cannot be excluded, any liability incurred by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

10.3. You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with any breach of the Terms and Conditions or of any other legal obligation by you or your use of, or conduct on, the Website.

11. Email notifications

11.1. When you sign-up you agree to us sending you communications via email (Email Notifications). You may choose to stop receiving Email Notifications at any time by clicking the “opt-out” or “unsubscribe” link at the bottom of our Email Notifications.

11.2. If you do not opt-out from Email Notifications, the Website will send emails to your nominated email address and you acknowledge and consent to receipt of those Email Notifications.

12. General

12.1. No waiver of any breach of these Terms and Conditions will be construed as a waiver of any other breach of these Terms and Conditions.

12.2. We may transfer and/or transfer our rights and obligations under these Terms and Conditions. You may not transfer any of your rights and obligations under these Terms and Conditions without our prior written consent.

12.3. These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of these Terms and Conditions will be heard in Victoria, Australia and you agree to submit to the jurisdiction of those courts.

12.4. If any part of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of these Terms and Conditions shall continue in full force and effect.

12.5. These Terms and Conditions and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and us and govern your use of this Website and our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.