Terms and Conditions

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 website disclaimer, govern www.newtownstreetart.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.newtownstreetart.com.au, Newtown Street Art ('NSA'), and its entities, and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

1.AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.newtownstreetart.com.au’s rights and obligations to each other.

2.LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that www.newtownstreetart.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

3.COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.newtownstreetart.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

4.DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of www.newtownstreetart.com.au.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

5.RETURNS AND REFUNDS

www.newtownstreetart.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of www.newtownstreetart.com.au.

6.THE TOUR

(a) We reserve the right to add, withdraw, substitute, amend and/or vary, departure times, routes, prices, and services provided by us without notice. However, reasonable effort will be made to maintain arrangements as advertised.

6.1 Requirements to Participate in the Tour

(a) All Participants in the Tour must hold a valid proof of purchase, ticket or confirmation letter. Entry may be refused if the valid proof of purchase or ticket are damaged or defaced in any way or not purchased from an authorised point of sale.

(b) All participants will be required to disclose to our Tour Guide prior to the commencement of the Tour, whether the participant suffers from any medical condition including but not limited to epilepsy, dizziness, limb or back injury, angina, or other heart condition, severe or uncontrolled asthma, visual impairment, depression, or recovering from recent surgery.

(d) Tours are for suitable for persons 16years of age and older only.

6.2 Our Ability to refuse Participation in the Tour

(a) We reserve the right to refuse any person, for whatever reason, participation in the Tour, whether or not they have previously purchased a ticket. A person will be reimbursed the price paid for the ticket should they be refused permission to participate on grounds other than those set out above.

6.3 During the Tour

(a) All Participants must obey the directions and instructions of the Tour Guide, must not disturb other participants or interfere with the Tour Guides ability to conduct the service in a safe manner.

(b) We may, at our absolute discretion, require a person to be excluded from a tour if we deem his or her conduct to be unacceptable in any manner whatsoever.

6.4 Safety

(a) By participating in the Tour you accept that you, or any person you are responsible for, has sufficient competence and experience to participate in the tour.

(b) You agree and understand that participation in our Tour may involve walking through public/private area's such as but not limited to Streets, Laneways, Driveways, Footpaths, Intersections, Courseways and Parks, which may in turn involve hazards such as but not limited to pedestrians, road traffic, and varying terrain.

(c) You understand and accept full responsibility for maintaining your own safety and that of people you are responsible for, and agree to exercise due care and attention at ALL times throughout the Tour. This includes, but is not limited to, when walking or undertaking photography.

(d) The nature of the Tour is such that you may encounter uneven ground surfaces or surfaces of varying textures (eg. Concrete, bitumen, gravel, dirt). You accept these environmental factors and agree to act appropriately in such conditions.

(e) You are fully responsible for the security of your personal possessions during the tour.

6.5. Terms of Payments

(a) Tour Tickets are non-refundable (subject to term 6.6(a) below) or transferable and are specific to the tour booking. Tours, rights or entitlements to tours, must not be offered for sale or resale, or resold or used for any commercial purpose (including without limitation promotion of any supplier or suppliers products or services) without our prior written permission.

(b) Tour bookings can only be changed up to 24 hours before the original tour date, and changed only by time or date, and not reduction in number of participants. We reserve the right to charge an administration fee should tickets purchased be changed to another time or date.

(d) Credit and Debit Cards are acceptable methods of payments.

6.6 Tour Cancellations and Refunds

(a) Bookings can only be cancelled by the participant by giving written notice to us at least 24 hours before the original Tour date.

(b) We will not proceed should we decide that the weather makes participation in the tour unsafe, or for any other reason, at our absolute discretion. This also includes from restrictions or conditions imposed by government authorities as a result of the COVID 19 pandemic.

(c) Should we not proceed with a tour then participants will either be rebooked at the earliest possible time at the convenience of the participants taking into account available places, or be refunded the price paid for the ticket. The relevant party who has sold the ticket to the participant will make all arrangements.

(d) There will be no refund of a ticket by us except in accordance with these terms and conditions or as agreed in writing by us. Refunds will only be made to the person or party who purchased the ticket from us.

(e) We are not responsible for any consequential costs as a result of a tour cancellation under any circumstances whatsoever.

6.7. Pricing

(a) We operate a two tier pricing system being "Adult" and "Student concession".

(b) Student ID cards must be presented at the time of your tour in order to qualify for student concession pricing.

(c) Should the appropriate identification not be provided at the time of your tour the full adult price shall apply and the outstanding balance will require payment.

(d) Pricing includes GST, booking fees, and credit card surcharges.

6.8. Voucher Cards

(a) A Voucher Card is not redeemable for cash.

(b) A Voucher Card is only valid for one transaction per customer.

(d) From time to time we issue Voucher Cards as part of our promotions program. Procedures for Redeeming these vary depending on their type, being either single use only or general use (which are time limited)

(e) A voucher code needs to be redeemed and discount applied at the time of your purchase from us.

(f) Discounts generated by the Voucher Card apply to the price of the product ordered from us and are deducted from the order total at the time of purchase.

(g) A Voucher Code can only be redeemed through 'NSA', their representatives, or www.newtownstreetart.com.au if our systems so allow.

(h) 'NSA' reserves the right to amend, withdraw or cancel any Voucher Card or Discount Code at any time and for any reason without prior written notice to you.

7.LINKS TO OTHER WEBSITES

www.newtownstreetart.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.newtownstreetart.com.au and the owners of those websites. www.newtownstreetart.com.au takes no responsibility for any of the content found on the linked websites.

www.newtownstreetart.com.au’s website may contain information or advertisements provided by third parties for which www.newtownstreetart.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

8.DISCLAIMER

To the fullest extent permitted by law, www.newtownstreetart.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.newtownstreetart.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of www.newtownstreetart.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

9.YOUR PRIVACY

At www.newtownstreetart.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. www.newtownstreetart.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

10.THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

11.DISCLOSURE OF INFORMATION

www.newtownstreetart.com.au may be required, in certain circumstances, to disclose information in good faith and where www.newtownstreetart.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

12.EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.newtownstreetart.com.au. www.newtownstreetart.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.newtownstreetart.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.newtownstreetart.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

13.COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

www.newtownstreetart.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

14.WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and www.newtownstreetart.com.au concerning your use and access to www.newtownstreetart.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

15.EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

16.JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and www.newtownstreetart.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.