Justin Pearson Galleries Terms and conditions for the purchase of Justin Pearson Gallery items and hire, Justin Pearson Gallery items and hire and use of the Justin Pearson Galleries Website The Justin Pearson Galleries 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 or purchase 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 Justin Pearson Galleries under clause 4.2.3 acknowledging your booking and setting out the details of your booking.
"Contract" means any contract for the purchase of Justin Pearson Gallery hire made between you and the Justin Pearson Galleries (acting as agent for the relevant Third Party in those cases where a Third Party Event is the subject of the booking).
“Event” means any event offered for sale by and/or organised by the Justin Pearson Galleries including, but not limited to, photo, t.v, and Film shoots, workshops, projects, continued professional development events and staged performances.
“Justin Pearson Galleries” means The Justin Pearson Galleries Company as may be registered by Justin Pearson Galleries in Australia.
"Online Booking Form" means the series of pages for the booking of Justin Pearson Gallery hire set out on the Justin Pearson Galleries website.
“Third Party” means a party other than you and the Justin Pearson Galleries.
“Third Party Event” means an event organised by a Third Party in respect of which the Justin Pearson Galleries is acting as booking agent only.
"Booking" means any booking for attending: i. a commercial or other Justin Pearson Gallery performance of a photographic, television, Film shoot or live event in any one of the Justin Pearson Galleries organised events; ii. backstage tours; iii. platforms; iv. a Event; or v. a Third Party Event organised by the Justin Pearson Galleries or its authorised agents and any reference in these terms and conditions to a ‘performance’ shall include any of these other than Justin Pearson Gallery hire.
2. GENERAL
2.1. These terms and conditions relate to the purchase and supply of Justin Pearson Gallery hire and the use of the Justin Pearson Galleries website generally. Please read these terms and conditions carefully before purchasing any Justin Pearson Gallery hire 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 Justin Pearson Galleries 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 Justin Pearson Gallery hire
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 Justin Pearson Gallery hire. By booking Justin Pearson Gallery hire you warrant to the Justin Pearson Galleries 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 Justin Pearson Galleries. You can manage your booking by emailing [email protected]
3.4. The Justin Pearson Galleries reserves the right to place restrictions on:
3.4.1. the volume of any Justin Pearson Gallery hire ordered; and
3.4.2. the number of places booked or for Justin Pearson Gallery hire and Third Party Events. In addition, the Justin Pearson Galleries shall be entitled to terminate event 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 Justin Pearson Gallery hire issued to you are accurate.
3.6. Any purchase of Justin Pearson Gallery hire is only valid when processed by the Justin Pearson Galleries or an agent authorised by the Justin Pearson Galleries.
3.7. If you wish to transfer your Justin Pearson Gallery hire into someone else’s name, you must contact the Justin Pearson Galleries office by either email or telephone at least three hours before the start of the performance. This facility may be refused by the Justin Pearson Galleries 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 Justin Pearson Galleries office no later than 6pm on the day before the event is scheduled to take place so that the Justin Pearson Galleries may process this change.
3.9. Except as permitted by clauses 3.7 and 3.8, your Justin Pearson Gallery hire 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 Justin Pearson Galleries will be terminated.
3.10. The Justin Pearson Galleries (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 Justin Pearson Gallery hire 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 Justin Pearson Galleries (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 Justin Pearson Gallery hire PURCHASED ON THE Justin Pearson Galleries WEBSITE
4.2. If you choose to purchase Justin Pearson Gallery hire over the Justin Pearson Galleries 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 Justin Pearson Gallery hire 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 Justin Pearson Galleries 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 Justin Pearson Galleries 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 Justin Pearson Galleries will send you a Confirmation as soon as possible. This Confirmation shall constitute the Justin Pearson Galleries acceptance of your booking. A Contract will be formed once you have received the Confirmation;
4.2.4. if the Justin Pearson Galleries receives a prompt notification that the Confirmation was not delivered successfully, then the Justin Pearson Galleries 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 Justin Pearson Galleries 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 Justin Pearson Gallery hire are specified on the Justin Pearson Galleries website. These details are based on the best available information to the Justin Pearson Galleries and the Justin Pearson Galleries is not obliged to conclude any Contract on these terms.
5.2. The price (including all taxes where relevant) of Justin Pearson Gallery hire available for purchase online are specified on the Justin Pearson Galleries website. These details are based on the best available information to the Justin Pearson Galleries and the Justin Pearson Galleries is not obliged to conclude any Contract on these terms.
5.3. The price (including all taxes where relevant) of Justin Pearson Gallery hire booked over the phone, in person or by post are displayed on the Justin Pearson Galleries website and/or will be provided to you at the time of booking. These details are based on the best available information to the Justin Pearson Galleries and the Justin Pearson Galleries is not obliged to conclude any Contract on these terms.
5.4. For bookings made online over the Justin Pearson Galleries website, the Justin Pearson Galleries accepts payment by Paypal, MasterCard, Visa and (save in the case of a Third Party Event, unless the Justin Pearson Galleries and the Third Party determine otherwise).
5.5. For bookings made over the phone, via email, in person, by post or by fax the Justin Pearson Galleries accepts payment by Paypal, American Express, MasterCard, Visa, cheque and /or (save in the case of a Third Party Event, unless the Justin Pearson Galleries and the Third Party determine otherwise).
5.6. Unless you have opted to collect your Justin Pearson Gallery hire in person (see clause 6 below), the price is subject to a non-refundable per order delivery charge (to be advised on a case by case basis). If you are booking Justin Pearson Gallery hire using the Justin Pearson Galleries website, any extraneous charges will be displayed as a separate item on your invoice.
5.7. If your Justin Pearson Gallery hire are being paid for using a third party credit/debit card you must provide the Justin Pearson Galleries with written authorisation as appropriate from card holder.
6. DELIVERY OF Justin Pearson Gallery hire
6.1. You cannot opt to collect your Justin Pearson Gallery hire in person. If there is a problem please contact The Justin Pearson Galleries. Please note that if you book Justin Pearson Gallery hire for a performance which is scheduled to take place within 14 days of the date of your booking being concluded, your Justin Pearson Gallery hire maybe subject to our cancellation policy.
6.2. The Justin Pearson Galleries shall use reasonable endeavours to deliver your Justin Pearson Gallery hire 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 made.
7. REFUND AND EXCHANGE POLICY FOR Justin Pearson Gallery hire
7.1. Subject to clauses 7.2, 7.3 and 8, the Justin Pearson Galleries will not refund your Justin Pearson Gallery hire after purchase where notice has not been provided in a timely manner with regard to The Justin Pearson Galleries schedule which may change from time to time and also depends on the type of Justin Pearson Gallery and other variable conditions.
7.2. Where the Justin Pearson Galleries 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 of the event has taken place, the Justin Pearson Galleries is not liable to refund any amounts except as maybe agreed from time to time and may in such circumstance rebook for another time.
7.3. Where an event has been cancelled or abandoned when more than half of the performance has taken place the Justin Pearson Galleries may, in its discretion (and provided any relevant Third Party agrees), refund to you a portion of the fee of the Justin Pearson Gallery hire fee (excluding any delivery and subsidiary costs and charges).
7.4. Justin Pearson Gallery hire may change the event booking for later time (subject to availability) or as per agreed credit arrangements provided that the Justin Pearson Galleries receives your Justin Pearson Gallery hire request at least 14 Days before the performance is due to take place or as maybe specified by Justin Pearson Galleries. An additional fee will be payable by you for this service as per Justin Pearson Galleries agreement.
7.5. If you are due a refund Justin Pearson Galleries will issue a refund to you using either the same method of payment that you used to purchase the Justin Pearson Gallery hire event or via another method as specified by Justin Pearson Galleries.
8. REFUND AND EXCHANGE POLICY FOR Justin Pearson Gallery hire
Where the Justin Pearson Galleries 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 issues beyond its control...), the Justin Pearson Galleries will inform you of this and issue you with a full refund (excluding any delivery charges and ancillary expenditure incurred as specified by Justin Pearson Galleries) 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. Justin Pearson Galleries will issue a refund to you using the same method of payment that you used to purchase the Justin Pearson Gallery hire event or via another method as specified by Justin Pearson Galleries.
9. ALTERATIONS
All Justin Pearson Gallery hire events are sold subject to the Justin Pearson Galleries right to make any alterations in the Justin Pearson Gallery hire details as agreed on the Justin Pearson Galleries website or other appropriate issues.
10. LIABILITIES OF THE Justin Pearson Galleries
10.1. Subject to clause 10.3 below, the Justin Pearson Galleries (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 Justin Pearson Galleries (or the relevant third Party’s) total liability under clause 10.1 above shall be limited to the total face value of the Justin Pearson Gallery hire purchased.
10.3. Nothing in this clause 10 excludes or limits liability under Australian law for death, personal injury or fraud.
10.4. The Justin Pearson Galleries (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 Justin Pearson Galleries will not be liable for any losses incurred by you in connection with your use of the Justin Pearson Galleries website, for any delay in using or your inability to use the website, for any information or Justin Pearson Gallery hire obtained through the website or for any material posted to the website by the Justin Pearson Galleries or by users of the website.
CODE OF PRACTICE
The Justin Pearson Galleries follows the NSW Justin Pearson Gallery welfare codes of practice. The code of practice can be accessed in English by clicking on the following link: Justin Pearson Gallery Welfare NSW gov Code of Practise
12. WEBSITE USE
12.1. The Justin Pearson Galleries 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 Justin Pearson Galleries website.
12.2. The contents of the Justin Pearson Galleries website, including any software, are protected by intellectual property rights and other related rights. No part of the Justin Pearson Galleries website may be reproduced in any form (electronically or otherwise) without the prior consent of the Justin Pearson Galleries, other than temporarily in the course of using the Justin Pearson Galleries booking service or as permitted by law.
12.3. You are not permitted to link to or use all or any part of the Justin Pearson Galleries website for any purpose which is unlawful, defamatory, harmful, obscene or objectionable.
12.4. You are not permitted to transmit anything which, in the Justin Pearson Galleries opinion, harms the Justin Pearson Galleries business or in any way offends other users or persons.
12.5. You are not permitted to alter the Justin Pearson Galleries website in any way.
12.6. You must not post onto or transmit to the Justin Pearson Galleries 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 Justin Pearson Galleries reserves the right to refuse to post onto or remove anything from its website which, in the Justin Pearson Galleries opinion, is objectionable or does not comply with these terms and conditions. The Justin Pearson Galleries shall not in any way be liable for such actions.
12.8. The Justin Pearson Galleries may record, preserve, trace and disclose anything which has been transmitted to, from or via the Justin Pearson Galleries website where required by law or where the Justin Pearson Galleries 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 Justin Pearson Galleries 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 Justin Pearson Galleries website may contain hyperlinks to websites operated by parties other than the Justin Pearson Galleries. The operation of such websites is outside the Justin Pearson Galleries control and you proceed at your own risk. The Justin Pearson Galleries 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 Justin Pearson Galleries will collect, use, store and disclose your personal details in accordance with our privacy policy which can be accessed from the Justin Pearson Galleries website homepage.
15. CONTACT AND COMPLAINTS
If you need to contact the Justin Pearson Galleries, or if you wish to complain about your experience purchasing Justin Pearson Gallery hire or using the Justin Pearson Galleries 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 CORPORATE OR OTHER EVENTS
18.1. The Justin Pearson Galleries (or the relevant Third Party) reserves the right to refuse events and admissions to Justin Pearson Galleries Hire where its Justin Pearson Gallery s and associated persons welfare are compromised and may request any Event participants to leave the said area (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 Justin Pearson Galleries (or the relevant Third Party) may also, on certain occasions, have to conduct security searches to ensure the safety of its Justin Pearson Gallery s and associated persons.
18.2. Latecomers will be asked to wait until a suitable break in the performance or Event before being admitted to the venue.
18.3. You agree that items (as maybe specified by Justin Pearson Galleries) that may compromise the welfare of its Justin Pearson Gallery s and associated persons may not be brought near to the performance as defined by Justin Pearson Galleries.
18.4. You agree that loud noises and mobile phones and other noisy or electronic equipment must be switched off (not silenced) around the Justin Pearson Gallery s.
18.5. You agree that all persons admitted to the set or event are permitted by you to be there. In the case of Justin Pearson Gallery hire you have total liability for access to set.
18.6. Events and performances must expressly state /permit entry to children with supervision only.
18.7. Please note that strobe lighting, smoke effects and gunshots are sometimes used in productions. For the sake of our Justin Pearson Gallery s welfare Justin Pearson Galleries require you to notify us at all stages of such effects.
18.8. The Justin Pearson Galleries and any authorised third parties may carry out general filming and sound recording in or about the venue. By purchasing Justin Pearson Gallery hire, 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 Justin Pearson Galleries 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 (Justin Pearson Galleries). The parties will agree to the findings and rulings of the independent registered legal arbitrator as prescribed by the (Justin Pearson Galleries).