1.  Welcome to the terms and conditions (Terms and Conditions) of Barking Gecko Theatre Company (Barking Gecko). The Terms and Conditions comprise the Website Terms and Conditions, the Ticketing Terms and Conditions and the Privacy Policy.

2.  Please read the Website Terms and Conditions before using Barking Gecko ’s website (Website) (located at www.barkinggecko.com.au). By accessing the website you agree to the Website Terms and Conditions.

3.  If you have previously accessed the Website, please be aware that the Website Terms and Conditions may since have been updated without notice. The latest version of the Terms and Conditions (which include the Website Terms and Conditions) is that currently on the Website.

4.  All questions concerning the Terms and Conditions should be directed to Barking Gecko  using these contact details:

Postal address:
Barking Gecko Theatre Company
PO Box 23
NORTHBRIDGE WA  6003

Street address:
Barking Gecko Theatre Company
State Theatre Centre of WA
178 William Street
PERTH WA  6000

Email: gecko@barkinggecko.com.au

 

Online credit card purchases

5.  Credit card purchases you make on the Barking Gecko  website (Website) are processed by Stripe with secure server technology provided by GeoTrust inc. through the Website’s host iinet. The security features provided include “authentication”, which ensures your data is being sent to the correct computer server and that the server is secure, and “encryption”, which encodes the data so that it cannot be read by anyone other than the secure server.

Collection of your personal information

6.  Barking Gecko and persons authorised by it may collect your personal information which you provide to them. This information may include your name, home or work address, age, phone number, email address and information about products and/or services which are of interest to you. If you contact us we may also keep a record of that contact.

7.  Barking Gecko may collect your personal financial information which you provide to it, including credit card details.

Use of your information

8.  Barking Gecko and persons authorised by it may use your personal information for one or more of the following purposes:

1.  Welcome to the Barking Gecko Theatre Company (Barking Gecko ) ticketing terms and conditions (Ticketing Terms and Conditions). All tickets (Tickets) to Barking Gecko events (Events) are subject to these Ticketing Terms and Conditions. This includes Tickets purchased on the internet, by telephone, mail, email, fax and in person.

2.  These Ticketing Terms and Conditions are part of the Terms and Conditions, which also includes the Privacy Policy and the Website Terms and Conditions. Before purchasing a Ticket, you should read the Terms and Conditions in full.

3.  If you have previously purchased a Ticket, please be aware that the Terms and Conditions, including the Ticketing Terms and Conditions may since have been updated without notice. This is the latest version of the Ticketing Terms and Conditions.

4.  All questions concerning the Terms and Conditions, including the Ticketing Terms and Conditions, should be directed to Barking Gecko  using these contact details:

Postal address:
Barking Gecko Theatre Company
PO Box 23
NORTHBRIDGE WA  6003

Street address:
Barking Gecko Theatre Company
State Theatre Centre of WA
178 William Street
PERTH WA  6000

Email: gecko@barkinggecko.com.au

Application
5.  Notwithstanding anything else in these Ticketing Terms and Conditions, all Tickets are subject to the terms and conditions applicable to the venue of the Event and to any terms and conditions displayed at the point of sale and at the venue of the Event.

Alternation, cancellation and re-scheduling of Events
6.  Barking Gecko may vary advertised programs to add, withdraw or substitute artists at any Event where necessary.

7.  Barking Gecko will endeavour to advise you if an Event has been re-scheduled or cancelled and whether you are entitled to entry to a re-scheduled Event. If you are entitled to entry to a re-scheduled Event then Barking Gecko will endeavour to ensure you are seated in a similar location in the re-scheduled event.

Recording equipment
8.  Tape recorders, video cameras and cameras may not be brought into any Event and all pagers and mobile telephones must be turned off before entry.

Refusal of entry and eviction
9.  You may be refused entry to an Event or evicted from an Event at the sole discretion of Barking Gecko in any circumstance including the following:

(a) where you arrive at the venue of the Event after the commencement time of the Event;

(b) where you produce a Ticket that has been handled or dealt with in a way that is contrary to the Terms and Conditions;

(c) where you cannot produce proof of your concession entitlement where a concession Ticket has been purchased;

(d) where you produce a Ticket that has been identified by Barking Gecko , the owner or proprietor of the venue of an Event (Venue Manager) or a person authorised by Barking Gecko  or a Venue Manager to sell Tickets or goods and services relating to Tickets (Ticketing Service Provider) as having been sold or offered for resale for a profit by any person or organisation that is not authorised by Barking Gecko , the Venue Manager or a Ticketing Service Provider (ie. a ‘scalped’ ticket);

(e) where you have in your possession or refuse to surrender to the Venue Manager any object or article including but not limited to photographic or recording equipment, food or alcohol, that is not permitted to be brought into or used in that venue;

(f) where you refuse to undergo a physical search or a search of your possessions where such a search is requested by Barking Gecko, the Venue Manager or a Ticketing Service Provider;

(g) where you behave in a manner which may cause property damage or that threatens the safety of any other person;

(h) where you are behaving in a manner that unreasonably interferes with other Ticket holders’ enjoyment of the Event, including through the use of cameras, mobile phones, personal computers, paging devices or other electronic devices;

(i) where you otherwise breach the Venue Manager’s conditions of entry or fail to follow the reasonable directions of the staff or agents of Barking Gecko , the Venue Manager or a Ticketing Service Provider; or

(j) where you refuse to remain in the area or seat designated on your Ticket.

Refunds and exchanges
10.  Subject to paragraphs 11 to 13 below, Tickets will be fully refunded or exchanged where the Event to which you purchased a Ticket is:

(a) cancelled;

(b) re-scheduled (and you cannot or do not wish to attend the re-scheduled Event); or

(c) significantly re-located,

or as is otherwise provided in the Live Performance Australia Ticketing Code of Practice.

11.  If a Ticket is purchased as a part of a subscription package and a full refund is payable by Barking Gecko in respect of that Ticket pursuant to paragraph 10, then the quantum of your refund will be the proportion of the price of the subscription package attributable to the relevant Ticket as determined by Barking Gecko  in its sole discretion.

12.  If an Event is cancelled mid-Event then the quantum of your refund will depend on the nature of the Event and the proportion of the Event completed. In such circumstances Barking Gecko will refund an amount which in its sole discretion is reasonable in the circumstances having regard to the nature of the Event and the proportion of the Event completed.

13.  Subject to paragraph 14 below, you will not be eligible for a refund or exchange in the following circumstances:

(a) if you purchased your Ticket from a ticket seller not authorised by Barking Gecko ;

(b) if you do not provide, on request by Barking Gecko , proof that your Ticket was purchased from a Ticket seller authorised by Barking Gecko ;

(c) if the Ticket was free or complimentary; or

(d) your grounds for requesting the refund or exchange consist solely of one or more of the following grounds:

(i) the standard of the Event did not meet your expectations;

(ii) you were unable to attend the Event for any reason, including illness, transport failure or delay, or you chose not to attend the original Event for which you purchased the Ticket;

(iii) you were refused entry to the Event or evicted from the Event for any reason set out in paragraph 9 above, or for any reason set out as being a reason for refusal of entry or eviction in the Live Performance Australia Ticketing Code of Practice;

(iv) the Event used an understudy in the place of a main performer and you were made aware of the use of an understudy at or before the time of the Event;

(v) Barking Gecko does not comply with the Live Performance Australia Ticketing Code of Practice;

(vi) the Ticket price was altered after the time at which you purchased your Ticket;

(vii) more seats were released to the Event after the time at which you purchased your Ticket; or

(viii) your Ticket was lost, stolen or is invalid

14.  In circumstances not covered by paragraphs 10 to 13 above, Barking Gecko  may offer a discretionary refund. A discretionary refund will only be offered if you made the request within a reasonable time after the Event, preferably within five working days of the Event. To request a discretionary refund, you must follow the guidelines set out in the Live Performance Australia Ticketing Code of Practice.

15.  If you are entitled to a full refund of the price of your Ticket then the refund will not include the service charge.

Introduction

1.  Welcome to the Barking Gecko Theatre Company (Barking Gecko ) website terms and conditions (Website Terms and Conditions).

2.  These Website Terms and Conditions are part of the Terms and Conditions, which also includes the Privacy Policy and the Ticketing Terms and Conditions.

3.  If you have previously accessed the website (Website) of Barking Gecko  (located at http://www.barkinggecko.com.au), please be aware that the Terms and Conditions, including the Website Terms and Conditions, may since have been updated without notice. This is the latest version of the Website Terms and Conditions.

4.  All questions concerning the Terms and Conditions, including the Website Terms and Conditions, should be directed to Barking Gecko using these contact details:

Postal address:
Barking Gecko Theatre Company
PO Box 23
NORTHBRIDGE WA  6003

Street address:
Barking Gecko Theatre Company
State Theatre Centre of WA
178 William Street
PERTH WA  6000

Email: gecko@barkinggecko.com.au

Application

5.  Access to and use of the Website is subject to these Website Terms and Conditions.

6.  By accessing the Website you agree to the Website Terms and Conditions.

Assumption of risk and disclaimer

7.  Barking Gecko aims to ensure that the quality of its service to customers is accurate and reliable, but changes in circumstances may occur after the time of publication with the effect that the details of Barking Gecko events (Events) on the Website may change without prior notice.

8.  To the extent permitted by law, Barking Gecko disclaims all warranties regarding the currency, completeness, accuracy, reliability, performance, suitability and availability of the content of the Website.

9.  To the extent permitted by law, Barking Gecko disclaims all liability for any losses incurred by you or any other person arising out of accessing, downloading, using or relying on any material from the Website, unless those losses come about as a result of fraud or serious misconduct on the part of Barking Gecko .

10.  You assume all risks associated with the use of the Website including risk of your computer, software or data being damaged by any viruses, disabling codes, worms, defects, Trojan Horses or other items of a destructive nature which may be transmitted or activated via the Website or your access to it.

Representations and warranties

11.  Notwithstanding anything else in the Terms and Conditions, you represent and warrant that in accessing or using the Website you will not:

(a) use any automated device, software, process or means to access, retrieve, scrape, or index the Website or any content on the Website;

(b) use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website;

(c) undertake any action that will impose a burden or make excessive traffic demands on any infrastructure which supports or relates to the Website that Barking Gecko deems, in its sole discretion, to be unreasonable or disproportionate usage of the Website;

(d) use the Website or any content from the Website in any manner which is, in Barking Gecko ’s sole determination, not reasonable or not for the purpose which it is made available or both;

(e) reproduce, modify, distribute, translate, create derivative works or adaptations of, display, sell, trade, or in any way commercially exploit the Website or the content of the Website, except as expressly authorised by Barking Gecko ; or

(f) transmit or attempt to transmit any computer viruses, disabling codes, worms, defects, Trojan Horses or other items of a destructive nature.

Third party websites

12.  The Website may include advertisements, hyperlinks and pointers to websites not operated by Barking Gecko . Barking Gecko has no control over the nature, accuracy, content and availability of such websites, makes no warranty as to the accuracy, reliability or lawfulness of the information contained on any such website and accepts no responsibility or liability whatsoever for any loss incurred in respect of any omissions or consequences of actions taken by you or any third party based on any information, opinions or advice contained on any such website.

Intellectual property

13.  All intellectual property (as defined in Article 2 of the July 1967 Convention establishing the World Intellectual Property Organisation 1967) contained in and relating to the Website is owned by or licensed to Barking Gecko. You are not given any right to use any intellectual property contained in the Website otherwise than as expressly permitted in these Website Terms and Conditions or by the Copyright Act 1968 (Cth). Any transfer, sale, distribution, reproduction, copying or modification of any material contained in the Website (in whole or in part) is strictly prohibited other than for personal and non-commercial reference use, or with the prior written consent of Barking Gecko .