1.1 These Terms and Conditions apply to the sale of all Products and Tickets by Change Agent nb Pty Ltd ABN 96 159 360 trading as Outback Astronomy (Outback Astronomy) to the Customer, and to the attendance at Sky Shows by a Show Attendee.
1.2 The Customer accepts these Terms and Conditions by purchasing a Ticket from Outback Astronomy or by attending a Sky Show.
2. Definition and Interpretation
2.1 In these Terms and Conditions, unless the context otherwise requires:
Astronomy Equipment includes binoculars, telescopes, tripods and any other equipment provided by Outback Astronomy for the purpose of Astronomical viewing.
Consumer Guarantee means a guarantee relating to the supply of goods or services to Consumers provided by Division 1 of Part 3-2 of the Australian Consumer Law.
Customer means the person who:
(a) purchases a Product or Ticket;
(b) is named as the customer on a Ticket, Gift Certificate, receipt or confirmation of purchase; or
(c) is a Show Attendee.
Equipment includes Astronomy Equipment, red light torches, audio devices, belts and any other equipment provided by Outback Astronomy to a Customer for a Sky Show.
Gift Certificate means a certificate issued by or on behalf of Outback Astronomy entitling the named beneficiary or holder to redeem the certificate for Products provided by Outback Astronomy to the value of that certificate.
Product includes Tickets, Gift Certificates, souvenirs, food and beverages and any other good or service available for purchase from Outback Astronomy.
Proof of Purchase means a valid Ticket, Gift Certificate, receipt or other confirmation of purchase provided by Outback Astronomy.
Retail Agent means a third party sales agent authorised by Outback Astronomy to sell Products on its behalf.
Scheduled Show means a Sky Show as arranged for a specific time, date and location in accordance with the Show Timetable.
Show Attendee means the person who attends the Viewing Site at the time of a Scheduled Show.
Show Timetable means the timetable published on the Website listing the specific times, dates and locations of the Sky Shows.
Sky Guide means the employee or representative of Outback Astronomy who is responsible for instructing and guiding the Show Attendees at the Sky Show.
Sky Show means the astronomy show presented by Outback Astronomy.
Start Time means the time stated in the Show Timetable as the Start Time or as notified by Outback Astronomy to the Customer, for a Sky Show.
Ticket means the ticket provided in exchange for payment or the redemption of a Gift Certificate entitling the Customer to attend a Sky Show, which may be a hard copy ticket or a printable electronic ticket.
Viewing Site means the location for a Sky Show stated in the Show Timetable or as notified by Outback Astronomy to the Customer.
Website means Outback Astronomy’s website at the following web address: www.outbackastronomy.com.au.
3.1 The Customer must pay for each Product at the time of purchase.
3.2 To the extent permitted by law, payment for Tickets and Gift Certificates is non-refundable except as provided in clause 4.5.
3.3 Gift Certificates must be used within 12 months of the purchase date by redeeming the Gift Certificate for a booking for a Scheduled Show. Gift Certificates cannot be redeemed for cash. If the price of a Ticket exceeds the value of a Gift Certificate, the Customer must pay the balance at the time of redemption.
4. Scheduled Shows, Cancellations and Refunds
4.1 The Customer may change a booking from one Scheduled Show to another Scheduled Show up to seven days before the Scheduled Show for which the Customer holds the booking by contacting Outback Astronomy by telephone (0427 055 225 or +61 427 055 225 if calling from overseas) between 11.00 am and 5.00 pm, Central Standard Time or Central Daylight Savings Time. Booking of an alternate Scheduled Show will be subject to availability.
4.2 Outback Astronomy will make all reasonable efforts to provide the Scheduled Shows in accordance with the Show Timetable.
4.3 No later than four (4) hours before the Start Time of a Scheduled Show, Outback Astronomy will confirm, on the Website, whether or not that Scheduled Show is to proceed as scheduled.
4.4 Despite clauses 4.2 and 4.3, Outback Astronomy reserves the right to cancel or reschedule any Scheduled Show and to , substitute or vary the Show Timetables or any other Sky Show details (including content) without notice due to:
(a) unfavourable weather conditions, including dust or rain;
(b) reasons of safety, security, or site access; or
(c) any other reasons considered by Outback Astronomy to necessitate a cancellation, rescheduling, substitution, or variation.
4.5 In the event of a cancellation or rescheduling of a Scheduled Show under clause 4.4, the Customer may, on providing valid Proof of Purchase:
(a) make a booking for an alternate Scheduled Show, subject to availability; or
(b) where the cancellation or rescheduling occurs less than 4 hours before the Start Time of the Scheduled Show, request a refund for the Ticket price. If Proof of Purchase was issued by a Retail Agent, Outback Astronomy will issue a refund voucher which the Customer must redeem from the Retail Agent.
4.6 To the maximum extent permitted by law, the Customer is not entitled to a refund or any other compensation as a result of any change to the content of a Sky Show.
4.7 Except for the right to a refund or to transfer a booking to another Sky Show as expressly provided in these Terms and Conditions, the Customer will have no claim whatsoever (including for travel expenses or any other out of pocket expenses) relating to the cancellation or rescheduling of a Scheduled Show.
4.8 Subject to this clause 4, Outback Astronomy reserves the right to discontinue any Scheduled Show or Product that was purchased on a Gift Certificate, but agrees to replace that discontinued Scheduled Show or Product with a Sky Show or Product to the same value.
4.9 Outback Astronomy will issue no refunds in respect of any lack of visibility, cloud cover or unfavourable weather conditions encountered during the Sky Show.
5. Arrival Time
5.1 Each Show Attendee must arrive at the Viewing Site no later than 30 minutes before the Start Time.
5.2 Each Show Attendee must make contact with the Sky Guide on arrival at the Viewing Site to confirm their attendance.
5.3 The Sky Guide may, at their discretion:
(a) refuse admission to the Viewing Site to any Show Attendee who arrives later than 15 minutes before the Start Time; or.
(b) require a Show Attendee to provide Proof of Purchase before permitting admission to the Viewing Site.
6.1 Show Attendees under 15 years of age must be supervised by a responsible adult at all times.
6.2 Show Attendees who accompany children to the Sky Show must satisfy themselves that the Sky Show will be suitable for children, including by reviewing the information available on the Website and by taking into consideration the length of the Sky Show.
6.3 Outback Astronomy will not issue any refunds for any Show Attendee as a result of early departure from a Sky Show due to lack of interest by children.
7.1 Outback Astronomy may provide to each Show Attendee:
(a) Equipment for personal use during the Sky Show; and.
(b) shared access to Astronomy Equipment during the Sky Show.
7.2 Show Attendees must:
(a) exercise reasonable care for their own safety (and the safety of any children for whom they are responsible) while at the Viewing Site, including by wearing suitable clothing and footwear for the conditions at the Viewing Site, having regards to the conditions at the Viewing Site, which may include:
(i) darkness and lack of visibility;
(ii) distraction; and
(iii) possible uneven ground conditions and unexpected objects;
(b) take reasonable care of the Equipment;
(c) not touch or scratch any eyepieces or lenses on the Astronomy Equipment;
(d) not damage, destroy, dismantle or make unauthorised adjustments to any of the Equipment;
(e) comply with all instructions of the Sky Guide in relation to the Equipment;
(f) not remove any Equipment from the Viewing Site;
(g) return the Equipment to the Sky Guide at the conclusion of the Sky Show in the same condition as it was provided; and
(h) ensure that any child for whom they are responsible complies with each of these requirements.
7.3 Show Attendees may fit their own personal standard 3.5mm ear plugs to the receiver of any audio devices forming part of the Equipment.
8. Behaviour of Show Attendees
8.1 Outback Astronomy reserves the right to eject from the Viewing Site any Show Attendee who fails to comply with the behaviour requirements under this clause 8, or with any other requirements under these Terms and Conditions, without refund.
8.2 Show Attendees must obey the directions of the Sky Guide at the Viewing Site at all times before, during and after the Sky Show;
8.3 Show Attendees must not:
(a) disrupt the Sky Guide or other Show Attendees;
(b) be disrespectful of persons or property, including the Equipment;
(c) use any tobacco products, or use or be under the influence of any recreational drugs at the Viewing Site at any time before, during and after the Sky Show;
(d) use mobile phones, tablets or any other device with bright screens at any time during the Sky Show;
(e) use white lights or white light torches at the Viewing Site without the permission of the Sky Guide; or
(f) take photographs or use any audio or video recording or transmission devices, including mobile phones, tablets, laptop computers, video cameras or other equipment, at any time during the Sky Show, but may take photographs at the conclusion of the Sky Show when notified by the Sky Guide.
8.4 In addition to the right to eject under clause 8.1, Outback Astronomy may, in its absolute discretion, refuse the attendance or continued attendance at the Sky Shows of any person who:
(a) fails to obey the directions of the Sky Guide;
(b) fails to comply with a requirement under clauses 7.2 or 8.3;
(c) in the opinion of the Sky Guide poses a safety risk to any person; or
(d) is an unsupervised child under 15 years of age.
9. Liability of Outback Astronomy
9.1 Nothing in these Terms and Conditions excludes, limits or modifies any condition, guarantee, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, limited or modified, including any Consumer Guarantee under the Australian Consumer Law.
9.2 If any guarantee, warranty, term or condition is implied or imposed in relation to these terms under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Outback Astronomy is able to limit remedy for a breach of that Non-Excludable Provision, then the liability of Outback Astronomy for breach of that Non-Excludable Provision is limited to one or more of the following at Outback Astronomy’s election:
(a) in the case of products, to:
(i) replacement of the products or supply of equivalent products;
(ii) repair of the products;
(iii) payment of the cost of replacing the products or of acquiring equivalent products; or
(iv) payment of the cost of having the goods repaired; and
(b) in the case of services, to:
(i) supply of the services again; or
(ii) payment of the cost of having the services supplied again.
9.3 To the maximum extent permitted by law, and subject to clauses 9.1and 9.2:
(a) Outback Astronomy will not be liable for, and each Customer and Show Attendee waives any right it has to claim, loss or damage arising from:
(i) any person’s failure to obey Outback Astronomy’s safety directions or instructions;
(ii) any pre-existing medical or psychological condition including any aggravation of any pre-existing condition;
(iii) any negligent act or omission of Outback Astronomy or any person for whom Outback Astronomy is responsible;
(iv) any cancellation or rescheduling of, or delay to or curtailment of, a Scheduled Show taking place; and
(v) any loss of or damage to the personal property of any person at the Viewing Site.
(b) each Show Attendee attending the Viewing Site or Sky Show releases and discharges Outback Astronomy from any claim, action, demand or proceeding (including those arising from negligence, to the extent permitted by law) relating to or arising out of attendance at the Viewing Site or Sky Show; and
(c) Outback Astronomy will not be liable for any claim in respect of distress or disappointment arising out of, or in connection with a Sky Show or any Product, including but not limited to, as a result of the cancellation, curtailment or rescheduling of a Sky Show, whether before or during the Sky Show.
9.4 Subject to clauses 9.1and 9.2, express or implied guarantees, representations, conditions, warranties and other provisions relating to these terms, or provision of products and services as contemplated by these Terms and Conditions, are excluded from these Terms and Conditions to the maximum extent permitted by law.
10. Acknowledgement and Disclaimer
10.1 The Customer acknowledges that the visibility of astronomical sights or phenomena can be affected by the weather, atmospheric conditions and other circumstances beyond Outback Astronomy’s control and that accordingly, Outback Astronomy cannot and does not provide any warranty or guarantee in relation to the quality or experience of the Sky Show, including in relation to the visibility of astronomical sights or phenomena.
11. Governing Law
11.1 These Terms and Conditions are governed by the laws of New South Wales, Australia. Outback Astronomy and each Customer submit to the non-exclusive jurisdiction of the courts of New South Wales in respect of these Terms and Conditions and any dispute between them.