Platinum Packages: Terms and Conditions

Special Conditions

  • On receipt by the Promoter of this completed and signed Booking Form an agreement will be formed between the parties and the Promoter will then reserve the Benefits for the Company.
  • The Promoter reserves the right to cancel the Company’s booking and to terminate the agreement between the parties by written notice to the Company (such notice to be effective immediately) if:

– the Benefits selected by the Company are not available at the time the Promoter receives the Company’s completed and signed Booking Form; or

– the Promoter has a material concern that the tickets to be provided to the Company may be used in contravention of legislation or ticket terms and conditions; or

– the Company does not pay the Promoter the full amount of the Consideration due within by the dates specified in the Payment Details  above.

– In the event that the Promoter terminates this agreement for any of the reasons set out above, any Consideration paid by the Company to the Promoter will be refunded to the Company.

  • The Terms and Conditions attached to this Booking Form form part of this agreement.

Signage 

  • Signage must be the Company’s business or trading name only.  In the case of an individual’s booking, signage will display the first and/or surname only.
  • Signage text and font shall be selected at the discretion of the Promoter.
  • Company name signage display is subject to the Company not being a competitor of any official sponsor of or supplier to the Event.  The Promoter shall be entitled to determine whether the Company is a competitor of any official sponsor or supplier to the Event in its absolute discretion.

Terms and Conditions

1.1    The Company agrees to purchase corporate hospitality for the Event on the terms and conditions of this agreement. Conditional upon the payment of the Consideration, the Promoter shall provide to the Company the Benefits for the Event.

1.2    The Company will exercise the rights granted in this agreement in a manner which is consistent with the good name, goodwill and reputation of the Event.  All rights not expressly granted to the Company in this agreement are reserved to the Promoter.

1.3    The Promoter is entitled without incurring any liability whatsoever to remove any guest of the Company from the Venue for any conduct which the Promoter considers in its absolute discretion to be unsatisfactory.  The Company must ensure that its guests at the Event comply with all reasonable directions of the Promoter.

1.4    The cost of any food and beverages at the Event is additional to the Consideration and, unless otherwise stated, is the responsibility of the Company. The cost of any sign writing for the Event that is in addition to the signage benefits detailed in the Booking Form is additional to the Consideration and, unless otherwise stated, is the responsibility of the Company.

1.5    The Company must not on-sell or use any tickets provided to the Company (or purchased by the Company) pursuant to this agreement (if any) for any advertising, promotion or other commercial purposes (including trade or consumer promotions) or to enhance the demand for other goods or services without the prior written approval of the Promoter.  The Company agrees to ensure that all of its guests attending the Event agree to comply with all ticket terms and conditions that are either displayed at the Event or available on the Event website and all ticketing legislation applicable to the Event.

1.6    The Promoter agrees to adhere to all applicable laws, regulations, industry standards and government or semi-government directions in relation to the organisation, implementation and conduct of the Event, including without limitation all occupational health and safety and environmental laws and privacy legislation. For details on the Promoter’s privacy policy, including a collection statement, see www.kooyongclassic.com.au .  The Company must ensure that the exercise of its entitlements under this agreement comply with all applicable laws, regulations and codes of practice to the laws of Australia.

2       The Company agrees to immediately reimburse to the Promoter the cost of repair or replacement of any damage occasioned to any furniture, fittings or fixtures at the Event and compensate the Promoter for any damage, loss, liability or injury the Promoter may suffer as a result of the Company’s and/or its guests’ wilful, reckless or negligent acts or omissions at the Event.

3       The Company acknowledges that it is responsible for its own security and property whilst at the Event. The Promoter shall not be liable for any loss or damage to property or person including but not limited to illness, death or injury suffered by the Company or any third party arising from use of the Benefits or relating to this agreement. To the extent permitted by law, the Company releases the Promoter (including its directors, officers, employees, consultants, agents and volunteers) from any liability for damage, loss, liability or injury the Company and its guests may suffer in relation to attendance at the Event, however caused including without limitation to any negligence or other act or omission of the Promoter.

4       The Promoter shall not be liable to the Company under this agreement for an amount in excess of the total Consideration payable under this agreement.  The Promoter’s liability under this agreement will be reduced to the extent of any contributory negligence of the Customer.

5       In addition to the termination rights set out in the Special Conditions of the Booking Form, this agreement may be terminated by the Promoter by notice in writing to the Company (such notice to be effective immediately) if:

(a)         the Company is in breach of a material term of this agreement and such breach is not r remedied within 2 days following service  written notice of such breach by the Promoter on the Company and requesting the same to be remedied;

(b)         the Event is cancelled for any reason; or

(c)          the Company suffers an Insolvency Event (defined below).

For the purposes of this agreement, “Insolvency Event” is defined to mean the appointment of a liquidator, provisional liquidator, official manager, receiver, receiver and manager, administrator or other like person, a compromise, arrangement, merger, amalgamation reconstruction, winding up, dissolution, assignment for the benefit of creditors, scheme, composition or arrangement with creditors, insolvency or other similar procedure.

6       Unless otherwise provided to the contrary in this agreement, termination of this agreement shall be without prejudice to the rights of either party against the other party in respect of anything done or omitted to be done under this agreement prior to such termination.

7.1    On termination or earlier expiration of this agreement:

(a)         all rights and opportunities granted under this   agreement will cease; and

(b)         the Promoter may immediately offer the Benefits and/or any part thereof to any third party (including a competitor of the Company).

7.2  There shall survive the expiry or termination of this agreement any term of this agreement which in order to give effect to its provisions needs to survive the said expiry or termination.

8.1  The Promoter shall use all reasonable endeavours to notify the Company as soon as it becomes aware of any changes to the Event (including but not limited to cancellation or postponement thereof) which in its reasonable opinion may be detrimental to the Company.  The Company shall not be entitled to a refund of the Consideration or for damages or otherwise in the event that the Event is postponed, and/or the description of, or participants in, the Event change and/or the Promoter is unable to provide the whole or any part of the Benefits by reason of any cause whatsoever. If the Event is cancelled and not rescheduled, the Company shall receive a refund of the consideration paid by the Company under this Agreement.

8.2  Neither party will be responsible for any delays or failure in performing its obligations under this agreement caused by a force majeure event, including but not limited to, acts of God, fire, war, terrorism, epidemic, earthquake, Illness/injury, strike, lockout, bad weather, labour controversy, orders of court, shortage or interruptions of facilities or material supply, and in cases of delay the time for performance  will be extended for a period of time  equal to the delay caused by the force majeure event.

  1. a) If GST is levied or imposed on or in respect of any supply made under or in connection with this agreement for which the consideration is a monetary payment, then the consideration payable for that supply            is increased by the rate at which that GST is levied or imposed. Where any consideration is increased pursuant to this clause  that increased consideration is payable within seven days of receipt of invoice from the relevant party.

(b)         The recipient of any monetary consideration must provide to the other party a GST tax invoice (or any other thing required under any legislation) in the form required by the GST Act and the GST Regulations.

(c)          The Promoter agrees to promptly issue adjustment notes in the form required by the GST Act and the GST Regulations, in the event that an adjustment event                      under the GST Act arises in connection with this agreement.

(d)         For the purpose of this clause 9, “GST” has the meaning given to it in the GST Act and GST Regulations; “GST Act” means the A New Tax System  (Goods and Services Tax) Act 1999; and GST Regulations” means the A New Tax System (Goods and Services Tax) Regulations 1999.

  1. If any dispute arises in relation to this agreement, the parties will endeavour to first settle the dispute by discussions between the Company (or a person it nominates) and the Promoter (or a person it nominates). If the dispute is not resolved within 14 days (or such other period as agreed in writing by the parties) after written notice of the dispute has been given by one party to the other, either party may take whatever action it chooses to enforce its rights.  This clause 10 will not affect either party’s rights to terminate this agreement or to seek interlocutory relief in a court of competent jurisdiction.
  2. This agreement shall be governed by the laws of the State of Victoria and the Commonwealth of Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts of the said State and Commonwealth.
  3. This agreement sets out the entire agreement between the parties and shall not be varied except in writing signed by both parties. Any prior arrangements, agreements, representations or undertakings are superseded.
  4. Nothing contained in this agreement will create a joint venture, partnership or agency relationship between the Promoter and the Company and neither party will represent that it is the joint venturer, the partner or the agent of the other party.
  5. A provision of, or a right granted under, this agreement, may not be waived, except in writing signed by the party granting the waiver or varied, except in writing signed by the parties.
  6. The failure by the Promoter or the Company to enforce at any time or for any period any one or more of the terms and conditions of this agreement will not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
  7. Neither party may assign, sub-licence or transfer, or purport to assign, sub-licence or transfer, its rights or obligations under this agreement without the prior written consent of the other party.
  8. The information contained in this agreement is confidential and shall be held by each party in confidence and may not be disclosed by either party to any person (other than a related body corporate or a party’s legal and financial advisers) without the consent of the other party unless required by law or in connection with legal proceedings related to this agreement or if such information becomes generally and publicly available otherwise than as a result of a breach of this clause.

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