Terms & Conditions

STH BNK By Beulah

Thank you for visiting https://sthbnk.com (the Site). This Site is owned and operated by Beulah SB SPV Pty Ltd (ACN 624 045 745) (Beulah). By accessing and/or using this Site, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://sthbnk.com/privacy-policy) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our Site or related products or services if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means Beulah, and ‘you’ means a User of the Site as defined below.

No Representation or Warranty

The Site is a platform where users (Users) can view information about Beulah’s future STH BNK project (the Project) and request further information about this and similar Beulah projects. All information displayed on the Site is preliminary and indicative only, and images may contain inclusions that are non-standard or are purchasable upgrades. Users should refer to the contract of sale and agreed specifications for the Project for information on specific inclusions, and should obtain independent professional advice in relation to any contract of sale before proceeding.

To the maximum extent permitted by law, Beulah, its related bodies corporate, employees, advisers, agents and/or other contributing authors, make no representation, undertaking or warranty whatsoever as to:

• the reliability, accuracy, security, validity, legality, quality or applicability of the Site or the content including but not limited to any artist impressions, digitally generated content, illustrations, images, plans, statements, figures, calculations or representations; or
• any actual development layouts, specifications or construction information in relation to the Project.

To the maximum extent permitted by law, including under the Australian Consumer Law, Beulah will not be liable for any direct or indirect loss, claims or damages that may arise in connection with your use of the Site, the content hosted on the Site, any errors or discrepancies displayed on the Site, or as a result of the inaccessibility of the Site or the fact that certain information or material contained on the Site are incorrect or incomplete.

Release

By accessing and/or using the Site, you hereby release and agree to hold harmless Beulah, its related bodies corporate, its affiliates, employees, directors, shareholders, advisors, corporate partners and other contributing authors from any and all causes of action, claims of any nature and damages resulting from your use of the Site or reliance upon the representations contained therein.

Registration of Interest

You must register your interest with us to obtain further information and updates in relation to the Project. We require your name, a contact phone number and email address in order to register your interest. You must ensure that this information is accurate and current. For more information regarding our collection and handling of this information, please refer to our Privacy Policy.

Property Purchase Terms

Interested parties should undertake independent enquiries and investigations to satisfy themselves that any information displayed on this Site or provided by Beulah is true and correct. Please don’t hesitate to contact us if you have any questions about the Project.

Collection Notice

We collect personal information about you in order to register your interest in the Project, to enable you to receive information in relation to the Project, and for the purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help facilitate the provision of information and services to you (including to our construction contractors, design team, or business partners) or as required by law.

Our Privacy Policy explains: (i) how we collect, use and disclose, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at melbourne@beulahinternational.com.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Accuracy, Completeness and Timeliness of Information

The information on the Site is not comprehensive and is intended to provide a summary of the Project only. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the Site. You should monitor any changes to the information contained on the Site.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from the Site is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice to you, change or add to the Site (including changes to the design and features of the Project). Any pricing provided is correct at the time of publication and is also subject to change without notice. We do not undertake to keep the Site updated and are not liable to you or anyone else if errors occur in the information on the Site or if that information is not up-to-date.

Intellectual Property Rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Site and in all of the material (including all text, graphics, logos, audio and software) made available on this Site (Content).

Your use of this Site and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site or the Content. However we do grant you a licence to access the Site and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil or criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this Site, the Content or any part of it is prohibited, except to the extent permitted by law.

Unacceptable Activity

You must not do any act that we would deem to be inappropriate, unlawful or which I prohibited by any laws applicable to the Site, including but not limited to:

• any act that would constitute a breach of privacy (including uploading private or personal information without an individual’s consent);
• using this Site to defame us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, obscene, or which is otherwise detrimental to or in violation of our systems or a third party’s systems or network security

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Jurisdiction and Governing Law

Your use of the Site and these Terms are governed by the law of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.

BETA Terms & Conditions

1. Conditions of Purchase

1.1 Ticket purchases are final and there are no refunds unless required by law.

1.2 If your session is postponed by the event organiser you will be able to re-book your session to a future session (subject to availability).

1.3 If your session is cancelled by the event organiser you will receive a full refund of your ticket purchase.

1.4 BETA reserves the right to retain any fees charged to the extent permitted by law.

1.5 Tickets are valid only when purchased from the BETA website. BETA reserves the right to immediately cancel any ticket promoted, advertised, or sold in breach of this condition without compensation.

1.6 Where a Ticket is purchased through an Event venue or an authorised agent of BETA, you agree to be bound by these Terms of Sale and any additional terms and conditions imposed by the Event venue or authorised agent.

1.7 You must not re-sell or offer to re-sell any Ticket at a premium or use any Ticket for advertising, promotional or other commercial purposes (including without limitation as a prize in a competition) without the prior written consent of BETA. BETA may deny entry to the bearer of a Ticket acquired in breach of this condition without compensation.

1.8 BETA makes no representations or warranties as to the availability of any Event sessions offered and reserves the right to change advertised programs and their respective content, dates and times, prices, venues, seating arrangements and audience capacities.

1.9 In cases when seating is not allocated (general admission), BETA reserves the right to refuse ticket replacement.

1.10 Where concessions are applicable, suitable, and valid identification must be provided for collection of tickets and entry to the venue. Failure or refusal to provide valid proof of concession may result in non-admittance.

1.11 When purchasing tickets online you acknowledge that all prices listed on the BETA website are in Australian Dollars and include GST. Ticket purchases may include a booking fee as listed on the BETA website. Please note all credit cards will be charged in Australian Dollars.

1.12 For events delivered online via streaming platforms you are responsible for determining if your device’s operating requirements and internet connection can successfully run the stream prior to purchase.

1.13 For events that carry an increased risk to personal safety, patrons may be asked to sign a waiver. Failure to sign will result in non-admittance and no refunds will be provided.

1.14 These Terms of Sale are governed by the laws of Victoria, Australia. In the event of any dispute, you submit irrevocably to the exclusive jurisdiction of the courts having jurisdiction in Victoria.

2. Merchandise and Other Products

2.1 Merchandise and other products (including food and beverage products) will not be refunded or exchanged except as required by law (including the Australian Consumer Law)

3.  Additional Information If Your Order Contains a Donation

3.1 All donations of $2 or more are fully tax-deductible. Acknowledgement of your gift and a tax receipt will be sent to you by mail or email. Please allow up to 10 working days for processing of your receipt.

4. Conditions of BETA Website Use

4.1 You must maintain the confidentiality of your account details for any BETA website and take all reasonable steps to prevent unauthorised access.

4.2 You warrant that any purchase made using your account for BETA is made in your own right or with full authority. You will indemnify BETA and its officers, directors, employees, consultants, licensors, suppliers, and agents from all or any claims made by any persons claiming such transactions to be unauthorised.

5. Digital Tickets

5.1 Tickets will be issued to you in digital format and sent to the purchaser’s nominated email address within 48 hours prior to the event commencing.

5.2 Each valid digital ticket has a unique identifier. This unique identifier allows one entry only. It is the responsibility of the purchaser to ensure that all members of their party have their own digital ticket.

5.3 If there are duplicate digital tickets presented, only the first copy to be scanned on arrival at the event will allow the ticketholder entry. Presenting an additional copy will result in our system rejecting the ticket and subject to verification, entry may be denied.

6. Conditions of Attendance

6.1 BETA and the relevant Event venue reserve the right of admission.

6.2 BETA or the relevant Event venue may refuse entry or require you to leave the Event if your Ticket has been cancelled, is not valid or has been defaced or damaged.

6.3 BETA and the relevant Event venue may impose additional specific conditions in relation to entry or attendance to a particular Event.

7. Liability

7.1 You are responsible for your own safety and property when attending an Event, and to the extent permitted by law, you release BETA  and its officers, directors, employees, consultants, licensors, suppliers, and agents from any liability for any claim, damage, injury or loss you may suffer in relation to your attendance at an Event, howsoever caused, including without limitation due to any negligence or other act or omission of BETA . Events presented by BETA  include, but are not limited to, artistic presentations and displays, music and performances, food and beverage service and other entertainment.

7.2 You will indemnify BETA  and its officers, directors, employees, consultants, licensors, suppliers and agents against any claim, loss, injury or damage suffered by any of them as a result of your wilful, reckless or negligent act or omission at or in connection with an Event, product or service presented or provided by BETA , or as a result of a breach by you of these Terms of Sale.

7.3 BETA  is not liable (including in negligence) for any claim, damage, compensation, loss, or expense that may be suffered or incurred as a result of an Event being cancelled, postponed or changed.

7.4 Personal arrangements including travel, subsistence and accommodation relating to an Event which has been arranged by you are at your own risk.

7.5 You agree that your use of any BETA  website to purchase a Ticket is, so far as permissible under any relevant statute, at your own risk. To the extent permitted by law, BETA  excludes all liability (including without limitation in negligence) for any direct, indirect, incidental, special or consequential loss arising out of or in connection with your use of any BETA  website or any associated payment process, and makes no representation or warranty as to the operation or functionality of any BETA  website or any associated payment process.

8. Privacy

8.1 BETA respects the privacy of its patrons and strictly adheres to the principles of the Privacy Act 1988. Our privacy policy can be viewed on this website, or by contacting BETA . It contains information about how you can seek to access or correct personal information we hold about you, how you can make a privacy complaint and how we will deal with a privacy complaint.

8.2 By purchasing a Ticket, attending an Event, or otherwise dealing with BETA , you agree to be bound by BETA’s privacy policy.

8.3 BETA collects personal information for purposes that include organising and conducting the events, improving services and, where you have consented, sending you information about future BETA events, alongside offers from our sponsors. Generally, we only disclose this information to other companies involved in organising and conducting BETA . We may disclose this information to third parties such as our contractors, who may be located overseas. If you choose not to provide this information, we may not be able to provide you with our services.

COVID-19 Special Terms

BETA is committed to the safety of staff, patrons and artists and we have adopted some special conditions that respond to COVID-19. Should there be any inconsistency between these special conditions and other published Terms and Conditions, these special terms will apply.

BETA reserves the right to change its procedures and requirements for collection of tickets. Physical tickets may not be issued for selected Events. Instead, an electronic ticket will be issued or your name may be checked at the entrance against details provided by you at the time of booking.

In order for you and your party to be admitted into an Event, as a condition of entry, you may be required to present the order confirmation number, photo identification and validity of any concession entitlements.

In accordance with health guidelines, BETA requires transaction payments to be completed using contactless payments. Cash payments will not be accepted for some or all transactions.

Due to physical distancing requirements, tickets to events may be sold as unallocated at the time of purchase or the allocation of seating may change. BETA reserves the right to allocate or reallocate seats for you and the members of your party prior to, or at the time of, the event.

You must not attend any Event if you are required to be in isolation with a COVID-19 diagnosis or have been directed to be in quarantine because of close contact with a person with COVID-19, are awaiting COVID-19 test results, or if you are experiencing any symptoms of COVID-19. You must communicate these requirements to all within your party for which you are responsible for purchasing tickets

All attendees must comply with any COVID-19 safety protocols or requirements communicated by BETA (including signage at venues or floor line markings). This includes complying with:

• Hand hygiene requirements
• Physical distancing requirements (including physical spacing requirements while queuing)
• Mask and personal protective equipment directives
• Person limits for each space and area
• Person density/capacity requirements, or
• Any other safety requirement as required by the Victorian government

You acknowledge that anyone not adhering to these requirements may be in breach of directions issued by the Chief Health Officer for which penalties may apply.

You acknowledge that BETA may be required to collect contact tracing information from you and each member of your party when you attend an Event for any reason. This information includes the first name and phone number of each person that attends the venue including children and babies. You must communicate this requirement to your booking party prior to attending the venue

You agree to provide BETA with any information we are required to collect for contact tracing purposes. The purpose of collecting this information is to assist any contact tracing in the event of an outbreak or potential exposure to someone with COVID-19 at a BETA Event. You acknowledge that we may disclose contact tracing information to health authorities or as otherwise required or authorised by law. You acknowledge that we may retain the information for 28 days (or a longer period as required by law), after which time it will be deleted or destroyed. While we hold the information, we will take all reasonable steps to keep your contact tracing information secure and free from unauthorised access or use

Without limitation to clauses 6.11, 7.1 and 7.2 of the Terms and Conditions of Sale, you and your booking party may be refused entry or required to leave a BETA Event if you or they:

• Refuse to comply with any COVID-19 safety protocols or requirements notified to you by BETA
• Refuse to comply with any health and safety directions given by Venue staff
• Refuse to provide contact tracing information to BETA on request
• Are exhibiting symptoms of COVID-19, as notified to, or as assessed by Venue staff. These include: fever, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell
• Are required to be in isolation as a result of COVID-19 diagnosis or have been directed to be in quarantine because of close contact with a person with COVID-19

In these circumstances, Tickets will not be exchanged or refunded unless required by law (including the Australian Consumer Law).

We ask that you and each member of your booking party make a reasonable assessment of your health status before attending BETA. To avoid doubt, unless required by law you will not be entitled to a refund if you or a member of your booking party attends our Venue or Event despite exhibiting COVID-19 symptoms and if you or they are then refused entry or asked to leave the Venue or Event

We urge you to please stay home if you, or someone you are in contact with, is unwell. You can find out more information about getting tested and how to isolate here. You will be entitled to a refund if you, a member of your booking party, or someone you’ve been in contact with, exhibits symptoms of COVID-19 after you make your booking and prior to the event. The symptoms of COVID-19 include fever, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell. You must contact BETA as soon as possible via tickets.beta@sthbnk.com after displaying symptoms or coming into contact with someone displaying symptoms. We will not be able to provide a refund if you contact us after the event.

You must notify BETA immediately if you or any member of your booking party develop any symptoms of COVID-19 within 14 days of attending a Venue. Please contact us immediately via tickets.beta@sthbnk.com.