Terms & Conditions

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 On the Soulside Cafe under clause 4.2.3 acknowledging your booking and setting out the  details of your booking.

"Contract" means any contract for the purchase of Products, Services, Events or Downloads made between you and the On the Soulside Cafe (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 On the Soulside Cafe learning department including, but not limited to, workshops, projects, continued professional development events and staged performances.

“On the Soulside Cafe” means The On the Soulside Cafe Company as may be registered by On the Soulside Cafe in Australia.

"Online Booking Form" means the series of pages for the booking of Products, Services, Events or Downloads set out on the On the Soulside Cafe website.

“Third Party” means a party other than you and the On the Soulside Cafe.

“Third Party Event” means an event organised by a Third Party in respect of which the On the Soulside Cafe 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 On the Soulside Cafe auditoria;
ii. backstage tours;
iii. platforms;
iv. a Event; or
v. a Third Party Event
offered for sale by the On the Soulside Cafe or its authorised agents and any reference in these terms and conditions to a ‘performance’ shall include any of these other than Products, Services, Events or Downloads.

2. GENERAL

2.1. These terms and conditions relate to the purchase and supply of Products, Services, Events or Downloads and the use of the On the Soulside Cafe website generally. Please read these terms and conditions carefully before purchasing any Products, Services, Events 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 On the Soulside Cafe 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 Products, Services, Events 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 Products, Services, Events or Downloads. By booking Products, Services, Events or Downloads you warrant to the On the Soulside Cafe 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 On the Soulside Cafe. You can manage your booking by emailing secretary telemarketingonlinesolutons@gmail.com

3.4. The On the Soulside Cafe reserves the right to place restrictions on:

3.4.1. the volume of any Products, Services, Events or Downloads ordered; and

3.4.2. the number of places booked or for Products, Services, Events or Downloads and Third Party Events. In addition, the On the Soulside Cafe 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 Products, Services, Events or Downloads issued to you are accurate.

3.6. Any purchase of Products, Services, Events or Downloads is only valid when processed by the On the Soulside Cafe or an agent authorised by the On the Soulside Cafe.

3.7. If you wish to transfer your Products, Services, Events or Downloads into someone else’s name, you must contact the On the Soulside Cafe office by either email or telephone at least three hours before the start of the performance. This facility may be refused by the On the Soulside Cafe 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 On the Soulside Cafe office no later than 6pm on the day before the event is scheduled to take place so that the On the Soulside Cafe may process this change.

3.9. Except as permitted by clauses 3.7 and 3.8, your Products, Services, Events 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 On the Soulside Cafe will be terminated.

3.10. The On the Soulside Cafe (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 Products, Services, Events 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 On the Soulside Cafe (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 Products, Services, Events or Downloads PURCHASED ON THE On the Soulside Cafe WEBSITE

4.1. The website www.onthesoulside.com is owned and operated by the On the Soulside Cafe.

4.2. If you choose to purchase Products, Services, Events or Downloads over the On the Soulside Cafe 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 Products, Services, Events 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 On the Soulside Cafe 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 On the Soulside Cafe 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 On the Soulside Cafe will send you a Confirmation as soon as possible. This Confirmation shall constitute the On the Soulside Cafe acceptance of your booking. A Contract will be formed once you have received the Confirmation;

4.2.4. if the On the Soulside Cafe receives a prompt notification that the Confirmation was not delivered successfully, then the On the Soulside Cafe 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 On the Soulside Cafe 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 Products, Services, Events or Downloads are specified on the On the Soulside Cafe website. These details are based on the best available information to the On the Soulside Cafe and the On the Soulside Cafe is not obliged to conclude any Contract on these terms.

5.2. The price (including all taxes where relevant) of Products, Services, Events or Downloads available for purchase online are specified on the On the Soulside Cafe website. These details are based on the best available information to the On the Soulside Cafe and the On the Soulside Cafe is not obliged to conclude any Contract on these terms.

5.3. The price (including all taxes where relevant) of Products, Services, Events or Downloads booked over the phone, in person or by post are displayed on the On the Soulside Cafe website and/or will be provided to you at the time of booking. These details are based on the best available information to the On the Soulside Cafe and the On the Soulside Cafe is not obliged to conclude any Contract on these terms.

5.4. For bookings made online over the On the Soulside Cafe website, the On the Soulside Cafe accepts payment by Paypal, MasterCard, Visa and (save in the case of a Third Party Event, unless the On the Soulside Cafe and the Third Party determine otherwise).

5.5. For bookings made over the phone, via email, in person, by post or by fax the On the Soulside Cafe accepts payment by Paypal, American Express, MasterCard, Visa, cheque and /or (save in the case of a Third Party Event, unless the On the Soulside Cafe and the Third Party determine otherwise).

5.6. Unless you have opted to collect your Products, Services, Events or Downloads in person (see clause 6 below), the price is subject to a non-refundable per order delivery charge of $5. If you are booking Products, Services, Events or Downloads using the On the Soulside Cafe website, any delivery charges will be displayed as a separate item on the Online Booking Form.

5.7. If your Products, Services, Events or Downloads are being paid for using a third party credit/debit card you must provide the On the Soulside Cafe with written authorization as appropriate from card holder.

6. DELIVERY OF Products, Services, Events or Downloads

6.1. You can opt to collect your Products, Services, Events or Downloads in person from the relevant On the Soulside Cafe box office. We will not charge you for delivery if you select this option when booking Products, Services, Events or Downloads. The option to collect Products, Services, Events or Downloads is clearly displayed on the Online Booking Form for those booking online. Please note that if you book Products, Services, Events or Downloads for a performance which is scheduled to take place within 7 days of the date of your booking being concluded, your Products, Services, Events or Downloads are subject to our cancellation policy.

6.2. If you do not choose to collect your Products, Services, Events or Downloads in person, unless requested by contacting our secretary you agree to receive your Products, Services, Events or Downloads 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 /Products, Services, Events or Downloads will be posted to you by standard post. You agree that On the Soulside Cafe will not accept any liability for any Products, Services, Events or Downloads mislaid or lost by the Australia Post Mail.

6.3. The On the Soulside Cafe shall use reasonable endeavors to post your Products, Services, Events or Downloads 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 Products, Services, Events or Downloads will not be provided in the case of loss of the originals relating to a Third Party Event.

7. REFUND AND EXCHANGE POLICY FOR Products, Services, Events or Downloads

7.1. Subject to clauses 7.2, 7.3, 7.5 and 8, the On the Soulside Cafe will not refund your Products, Services, Events or Downloads after purchase.

7.2. Where the On the Soulside Cafe 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 On the Soulside Cafe will refund to you the face value of the Products, Services, Events or Downloads 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 On the Soulside Cafe may, in its discretion (and provided any relevant Third Party agrees), refund to you the face value of the Products, Services, Events or Downloads purchased (excluding any delivery charges).

7.4. Products, Services, Events or Downloads may be exchanged for later performances (subject to availability) or credit vouchers provided that the On the Soulside Cafe receives your Products, Services, Events or Downloads 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 Products, Services, Events or Downloads in time to exchange them or receive a credit voucher under clause 7.4 the On the Soulside Cafe may, but will not be obliged to, resell them on your behalf. If your Products, Services, Events or Downloads are successfully resold the On the Soulside Cafe will refund to you the face value of the Products, Services, Events or Downloads purchased (excluding any delivery charges), minus an administration fee of $5 per ticket. The On the Soulside Cafe will sell all of its own Products, Services, Events or Downloads before it will offer returned Products, Services, Events or Downloads for resale and the On the Soulside Cafe cannot guarantee the successful resale of any returned Products, Services, Events or Downloads.

7.6. On the Soulside Cafe will issue a refund to you using the same method of payment that you used to purchase the Products, Services, Events or Downloads.

8. REFUND AND EXCHANGE POLICY FOR Products, Services, Events or Downloads

Where the On the Soulside Cafe 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 On the Soulside Cafe 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. On the Soulside Cafe will issue a refund to you using the same method of payment that you used to purchase the Products, Services, Events or Downloads.

9. ALTERATIONS

All Products, Services, Events or Downloads are sold subject to the On the Soulside Cafe right to make any alterations in the Products, Services, Events or Downloads details advertised on the On the Soulside Cafe website or other appropriate location.

10. LIABILITIES OF THE On the Soulside Cafe

10.1. Subject to clause 10.3 below, the On the Soulside Cafe (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 On the Soulside Cafe (or the relevant third Party’s) total liability under clause 10.1 above shall be limited to the total face value of the Products, Services, Events or Downloads purchased.

10.3. Nothing in this clause 10 excludes or limits liability for death, personal injury or fraud.

10.4. The On the Soulside Cafe (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 On the Soulside Cafe will not be liable for any losses incurred by you in connection with your use of the On the Soulside Cafe website, for any delay in using or your inability to use the website, for any information or Products, Services, Events or Downloads obtained through the website or for any material posted to the website by the On the Soulside Cafe or by users of the website.


 

1. CODE OF PRACTICE
   
   The On the Soulside Cafe 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 On the Soulside Cafe 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 On the Soulside Cafe website.
   
   12.2. The contents of the On the Soulside Cafe website, including any software, are protected by intellectual property rights and other related rights. No part of the On the Soulside Cafe website may be reproduced in any form (electronically or otherwise) without the prior consent of the On the Soulside Cafe, other than temporarily in the course of using the On the Soulside Cafe booking service or as permitted by law.
   
   12.3. You are not permitted to link to or use all or any part of the On the Soulside Cafe website for any purpose which is unlawful, defamatory, harmful, obscene or objectionable.
   
   12.4. You are not permitted to transmit anything which, in the On the Soulside Cafe opinion, harms the On the Soulside Cafe business or in any way offends other users or persons.
   
   12.5. You are not permitted to alter the On the Soulside Cafe website in any way.
   
   12.6. You must not post onto or transmit to the On the Soulside Cafe 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 On the Soulside Cafe reserves the right to refuse to post onto or remove anything from its website which, in the On the Soulside Cafe opinion, is objectionable or does not comply with these terms and conditions. The On the Soulside Cafe shall not in any way be liable for such actions.
   
   12.8. The On the Soulside Cafe may record, preserve, trace and disclose anything which has been transmitted to, from or via the On the Soulside Cafe website where required by law or where the On the Soulside Cafe 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 On the Soulside Cafe 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 On the Soulside Cafe website may contain hyperlinks to websites operated by parties other than the On the Soulside Cafe. The operation of such websites is outside the On the Soulside Cafe control and you proceed at your own risk. The On the Soulside Cafe 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 On the Soulside Cafe will collect, use, store and disclose your personal details in accordance with our privacy policy which can be accessed from the On the Soulside Cafe website homepage.
   
   15. CONTACT AND COMPLAINTS
   
   If you need to contact the On the Soulside Cafe, or if you wish to complain about your experience purchasing Products, Services, Events or Downloads or using the On the Soulside Cafe website, you can do so using any of the following methods:
   • email: revs.maximum@gmail.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 OF SPECIAL EVENTS
   
   18.1. The On the Soulside Cafe (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 On the Soulside Cafe (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 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 On the Soulside Cafe 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. Any and all disputes must be made in writing to the On the Soulside Cafe 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 (On the Soulside Cafe). The parties will agree to the findings and rulings of the independent registered legal arbitrator as prescribed by the (On the Soulside Cafe).​