Legal & Privacy
Biennale of Sydney is required to comply with the Privacy Act 1988 (Cth) (Privacy Act), the applicable Australian Privacy Principles (APPs), and any other applicable privacy laws when handling personal information. We take the protection of your personal information seriously.
Consent to collection of personal information
Collection of personal information
The types of personal information we collect may include your name, contact details (including address, phone number and email address), your image, a recording of you, and financial information including payment or donation details.
We may collect personal information:
- from you through our Website, for example when you order or purchase products such as merchandise, or a ticket to an event for yourself or a recipient
- when you communicate with us, either by email, telephone, in writing or in person
- via images and recordings (including via closed circuit television)
- from you if you apply for a job or volunteer position at Biennale of Sydney
If you chose to provide personal information to us, we collect it for the purpose of:
- the general management and administration of the Biennale of Sydney
- sending you information, such as eNewsletters and communications about upcoming events if you have subscribed to or requested them
- promoting or marketing our exhibitions and products
- answering your queries or requests
- processing payments or donations and delivering or providing you or a recipient with products or tickets
- protecting our intellectual property
- complying with and fulfilling any legal requirements
- assessing and considering your application for employment or volunteering
- contacting you regarding your application for employment or volunteering
We may also collect personal information for related purposes that would be reasonably expected by you.
Use and disclosure
We will only use your personal information for the purpose for which you have provided it and for related purposes within your reasonable expectations. We will not add your personal information to a mailing list or use it for any other purpose without your consent.
If you chose to provide your personal information to us, it may be used to:
- send you information, such as eNewsletters, if you have requested them
- promote or market our exhibitions and products
- answer your queries or requests
- protect our intellectual property
- fulfill any legal requirements
- contact you regarding any application you may have made for employment or volunteering
Disclosure of Personal Information
We will only use your personal information for the purpose for which you have provided it and for related purposes within your reasonable expectations.
We will not add your personal information to a mailing list or use it for any other purpose without your consent. If you have opted in and consented to us using your personal information for promotional and marketing purposes, we may also your information in order to send you our eNewsletter, promotional and marketing materials and communications to inform you of exhibitions, events and offers that we think may be of interest to you. We may contact you by mail, telephone, email or SMS to send you these communications. We will always give you the opportunity to opt out of receiving any future marketing and promotional material.
Disclosure of personal information
We may disclose your personal information to third party service providers who assist us in: managing and administering our exhibitions or events; processing payments or donations; delivering products such as merchandise; and performing operational, administrative and other related functions on our behalf. For example, we currently use third party platforms, including a payment gateway, to process your orders, payments and donations and you will be redirected to this platform when making a payment or donation to Biennale of Sydney. We may also disclose your personal information where such disclosure is required by law, including, but not limited to the Australian Tax Office, superannuation funds and insurers.
We may disclose your personal information to third party service providers who are located overseas.
When you visit our website, our Internet Service Provider (ISP) makes a record of your visit and logs the following information for website statistical purposes:
- your server address
- your top level domain name (for example .com, .gov, .au, .uk etc)
- the pages you visited and documents downloaded
- the previous site you have visited
- the type of browser you are using.
Our website does not provide facilities for the secure transmission of information across the Internet. You should be aware that there are inherent risks transmitting information across the Internet.
You should be aware that the Biennale of Sydney internet is provided primarily for business purposes and website and server contents are the property of the Biennale of Sydney. The contents of emails sent/received on the Biennale of Sydney server may be read by management.
Integrity of personal information
We will take such steps (if any) as are reasonable in the circumstances to ensure that the personal information we collect and disclose is accurate, up-to-date, and complete.
We will also take such steps (if any) as are reasonable in the circumstances to protect the personal information we collect and hold from misuse, interference and loss, and from unauthorised access, modification or disclosure.
If we hold personal information about you that is no longer needed for any purpose for which it may be used or disclosed, we will take such steps as are reasonable in the circumstances to destroy or permanently de-identify that personal information.
Accessing and correcting personal information
You can request, and we will provide you with access to personal information we hold about you (subject to certain legal exceptions). If a legal exception applies and we decide not to provide you with access to any personal information we hold about you, we will advise you of the reasons for our decision.
If we are satisfied that any personal information we hold about you is inaccurate, incomplete, out of date, misleading or irrelevant (having regard to the purpose for which it is held) we will take such steps (if any) as are reasonable in the circumstances to correct that personal information. If we do not agree that personal information we hold about you is inaccurate, incomplete, out of date, misleading or not relevant, you may ask that we attach a statement to this effect to our record.
Please let us know if you have any concerns or complaints about the way we are handling your personal information so we can address them. We will review any complaints and respond to them within a reasonable period of time.
If we are unable to satisfactorily resolve your concern or complaint, you can contact the Office of the Australian Information Commissioner (OAIC). To make An enquiry concerning your privacy rights, or to lodge a complaint with the OAIC about how we have handled your personal information, you can contact the Commissioner’s hotline on: 1300 363 992
The Privacy Administrator
Biennale of Sydney
The Arts Exchange
Level 4, 10 Hickson Road
Sydney NSW 2000
Last updated: November 2021
This website may contain images and content that may be offensive to some viewers.
Images may not be suitable for persons under 18 and parental guidance is strongly advised.
Whilst all care and attention is taken in compiling this website, the Biennale of Sydney does not warrant any of the material contained herein. As appropriate, users should independently confirm the currency, accuracy and completeness of any website material before relying on that information in any way. In no event will the Biennale of Sydney be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
© 2021 The text and images contained on this website are protected by the copyright laws of the Commonwealth of Australia and the State of New South Wales.
Apart from any use permitted under the Copyright Act 1968 (Cwlth), no part may be reproduced by any process without written permission from the Biennale of Sydney.
Note: Please do not send unsolicited material to the Biennale of Sydney, as we cannot accept responsibility or liability for its handling or safekeeping.
Ticket Terms and Conditions
Last updated 15 November 2021.
Please note that all sales from 15 November 2021 are sold under the Terms and Conditions outlined below or download a PDF version.
We reserve the right, in our sole and absolute discretion, to modify these Terms and Conditions, by posting an updated version of the Terms and Conditions on our Website. Any variations become effective upon their first publication on our Website and only apply to ticket purchases made after these Terms and Conditions have been varied. [If you have agreed to receive communications from us via email, we will notify you of modifications to the Terms and Conditions via the email address which you gave us to receive email communications from us.]
These Terms and Conditions also apply to tickets issued by other Authorised Ticket Sellers (if any). If an Event is presented by another organisation or held at another person’s venue, tickets and attendance may also be subject to the other presenter or venue’s terms and conditions.
If you do not understand these Terms and Conditions or if you have any questions, please contact us on [+61 2 8484 8700] or email us at firstname.lastname@example.org, and one of our representatives will be happy to assist you.
You should BE AWARE OF SEVERAL key terms
Limitations of our liability
Our liability to you and certain third parties is limited under the Terms and Conditions. These limitations of liability generally apply where the Loss or liability:
- is caused by any delay encountered at entry to an Event, as a result of us or the venue manager making enquiries into the validity of a ticket or any other admission-related matters;
- is as a result of you not being admitted to an Event or being removed from an Event by us pursuant to the Terms and Conditions, including because of your failure to comply with any public health order or other COVID-19-related requirements; and
- is suffered or incurred by you or a third party in connection with your attendance or non-attendance at an Event, including if the Event is cancelled, rescheduled or relocated.
To the maximum extent permitted by law (including the Australian Consumer Law), we will not be liable for any Loss, damage, expense or injury to the extent arising from your wilful, reckless or negligent acts or omissions, any pre-existing medical condition, your breach of these Terms and Conditions, the cancellation of your tickets due to your breach of these Terms and Conditions, or your reliance on reviews and opinions about Events and performers.
Under the Australian Consumer Law (and similar legislation of Australian states and territories including the application of the Australian Consumer Law), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees). The operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified.
To the maximum extent permitted by law, we exclude from these Terms and Conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this exclusion to be void).
You acknowledge that attendance at an Event may carry with it certain dangers (including the risk of injury and damage to you or your property) and you agree that you attend an Event at your own risk.
You agree to compensate us for any damage, loss, liability or injury we may suffer as a result of your wilful, reckless or negligent acts or omissions at an Event.
You acknowledge and agree that tickets must not, without our prior consent, be resold or offered for resale for a profit and that, notwithstanding anything else in these Terms and Conditions, the resale of tickets in certain circumstances is subject to ticket sales legislation and may attract penalties (including criminal penalties).
We reserve the right to record, photograph, broadcast and/or telecast any Event and you consent to us doing so. You consent to the editing, reproducing and communicating by us, or permitted by us, of any image or recording taken of you, and anyone for whom you are responsible, while on the premises, in whole or part to the public in any place and in all media. We are not obliged to provide or reproduce to you any such image or recording.
Australian Consumer Law has the meaning given in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time.
Authorised Ticket Seller means Biennale of Sydney or a person authorised by us to supply tickets to an Event.
Auxiliary Expenses include, but are not limited to, the cost of travel, car-parking, child-care and accommodation.
Biennale of Sydney means Biennale of Sydney Ltd ABN 74 001 614 384 (and we, us and our have corresponding meanings).
Consumer has the meaning given to that term by section 3 of the Australian Consumer Law.
Consumer Guarantees has the meaning given to it in clause 11(a).
COVID-19 Entry Requirements has the meaning given to it in clause 4(a).
Event means a performance, program, talk, activation or any other event arranged or presented by Biennale of Sydney or for which we sell tickets.
Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning.
Maximum Ticket Limit has the meaning given to it in clause 2(f)
Online Shop Terms and Conditions means the terms and conditions which apply to the ordering, purchase and delivery of products, including Event tickets, available for sale on our Online Shop (available at [www.biennaleofsydney.art/shop/] or any replacement web page from time to time).
You means the person seeking to purchase or acquire a ticket to an Event, the person holding a ticket to an Event and the person seeking to attend an Event.
Website means the Biennale of Sydney website accessible at https://www.biennaleofsydney.art/.
- Ticket prices, delivery and limits
- All ticket prices displayed are quoted in Australian dollars and where applicable, are inclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) and all other government taxes unless stated otherwise.
- All ticket prices are subject to change at our sole and absolute discretion without notice to you. However, you will only pay the price for the ticket(s) which are identified at the time of your purchase.
- You must allow adequate time for collection or delivery of tickets. Methods of collection and/or delivery will be available when selecting your collection/delivery details. In the interest of minimising ticket scalping, we may change your delivery method to [‘venue collection’] at our discretion.
- Where concessions are applicable, suitable and valid identification must be provided.
- Transaction and third party fees may apply to your ticket purchase. You will be notified of all applicable fees prior to finalising your purchase.
- We may impose a limit on the number of tickets you are able to purchase for one or more Events (Maximum Ticket Limit). We may refuse to accept orders which exceed the Maximum Ticket Limit. Tickets purchased in excess of a Maximum Ticket Limit may be cancelled without notice to you.
- If the amount you pay for a ticket to an Event is incorrect for any reason (including due to a human error or a technical malfunction), we may:
- cancel that ticket (and we will give you notice of such cancellation as soon as reasonably possible after you purchase the ticket, before the commencement of the Event);
- refund the amount that you paid; and
- subject to ticket availability, offer a replacement ticket to you at the correct price.
For clarity, if there are no replacement tickets available or if you do not accept the revised price, you will receive a full refund for the amount that you paid for the relevant ticket.
- A tax deduction is not available in respect of any amount paid in connection with the purchase of tickets to events held by the Biennale of Sydney, other than qualifying fundraising events. You may be entitled to a tax deduction for purchasing tickets to attend qualifying fundraising events held by the Biennale of Sydney in certain circumstances. We will advise you whether any part of the amount paid to purchase tickets is tax deductible and if so, how much is deductible.
- Admission to Events
- You must hold a valid ticket to attend an Event. We may refuse admission or remove any ticket holder from an Event venue for any reason at our discretion, including where:
- you cannot produce a valid ticket for the Event;
- you do not produce proof of your concession entitlement, together with suitable and valid identification, where a concession ticket has been purchased;
- you have in your possession and/or refuse to surrender to the Event venue manager’s staff any prohibited object or article;
- you are intoxicated, under the influence of illicit drugs or inappropriately attired;
- you behave in a manner which causes or may cause property damage or that threatens or may threaten the safety of performers, other Event attendees or any other persons, including as a result of intoxication;
- you behave in a manner that unreasonably interferes with other attendees’ enjoyment of the Event;
- you refuse to remain in the area or seat designated on your ticket.
- Late arrivals may not be given access to the Event unless there is a suitable or convenient break in the program. Seating may be relocated as a result of late entry.
- To the maximum extent permitted by law, we exclude all responsibility and liability arising as a result of:
- any delays that may be encountered at entry to an Event as a result of us making enquiries into the validity of a ticket or any other admission-related matters; and
- you not being admitted to an Event or being removed from an Event by us pursuant to this clause 3.
- COVD-19 Entry Requirements
- Your attendance at any Event is conditional on your compliance with any and all Government directions, orders and regulations (including public health orders) which are relevant to attending events such as the Event and which are in place at the time of the Event. In addition, you must comply with the following COVID-19 entry requirements before being admitted to an Event (COVID-19 Entry Requirements).
- We reserve the right to refuse to admit you to an Event, and the right to remove you from the Event, if you do not comply with the requirements of clause 4(a) (including compliance with the COVID-19 Entry Requirements).
- To the maximum extent permitted by law, we exclude all responsibility and liability arising as a result of you not being admitted to an Event or being removed from an Event because of your failure to comply with the requirements of clause 4(a) (including compliance with the COVID-19 Entry Requirements).
- Venue requirements
- Your mobile phone must be turned off or to flight mode upon entry to avoid disruption to the Event. Despite the foregoing, depending on the nature of the Event, you may not be permitted to take into the Event, or use, cameras or other photographic or recording equipment (including mobile phones).
- To help ensure the safety and security of Events, your person, bags and personal belongings may be subject to a visual search.
- Umbrellas, prams, backpacks, larger bags and other items that may be hazardous or restrict the movement of other attendees to the Event may not be permitted into the Event venue or may be required to be cloaked, depending on the nature of the Event.
- Food and drink are not allowed in spaces that contain artworks, unless otherwise specified. Other items that are prohibited inside an Event venue or performance space may include glass bottles, offensive signs or clothing, laser pointers and any other items that could present a safety hazard to others or interfere with the Event. You will be notified if other items are prohibited for particular Events.
- You are responsible for your personal possessions such as bags, wallets, mobile phones and other items you carry with you. It is your responsibility to collect any cloaked items after the Event.
- You should make your own further inquiries before deciding whether an Event is suitable for you to attend.
- While we will endeavour to keep you informed about any changes to an Event, we may amend Event details with little or no notice to you. For example, artists or other participants may be added, withdrawn or substituted.
- We may vary seating arrangements, including for operational and security reasons, at our sole discretion without prior notice to you.
- At times, during the course of selling tickets to an Event, we may alter the price of tickets on sale in response to varying levels of consumer demand. Such alterations do not affect the terms and conditions applying to tickets purchased before the price change and do not entitle you to claim a refund on your ticket price or the difference between your ticket price and the newly adjusted ticket price or request an exchange of tickets purchased prior to the price change.
- At times, during the course of selling tickets to an Event, we may release additional seats (for example, when final stage dimensions are known or in response to demand) or additional dates for presentation of the Event. Such alterations do not affect the terms and conditions applying to tickets purchased before the release of additional seats or dates and do not entitle you to claim a refund for tickets or an exchange of tickets purchased prior to the release of additional seats or dates.
- Resale restrictions and scalping
- We are the only Authorised Ticket Seller for Events, unless otherwise specified on our Website for specific Events. If you purchase tickets from an unauthorised seller, you acknowledge that you risk that these tickets are false, void or have previously been cancelled and that you may be refused admission to the relevant Event. We strongly recommend you only purchase tickets from an Authorised Ticket Seller.
- Tickets must not, without our prior written consent (which may be subject to additional conditions), be:
- resold, or be offered for resale, for a profit (including via online resale or auction sites);
- used for advertising, promotion or other commercial purposes (including competitions and trade promotions); or
- used to increase the demand for goods or services.
- If a ticket is resold or offered for resale, or otherwise used, in breach of clause 7(b), we may cancel that ticket without a refund (in which case we will aim to give you as much notice as reasonably possible) and the bearer of the ticket may be refused admission.
- Notwithstanding anything else in these Terms and Conditions, the resale of tickets in certain circumstances is subject to ticket sales legislation and may attract penalties (including criminal penalties).
- Refunds and exchanges
- Tickets cannot be refunded or exchanged after purchase, except as outlined in these Terms and Conditions or otherwise as required by law (including the Australian Consumer Law and applicable state and territory consumer laws).
- The original purchaser of a ticket is entitled to a refund or exchange (as applicable) if the relevant Event is cancelled or rescheduled before the Event, or is significantly relocated, or if we are unable to hold, host or deliver the Event in question. For clarity, for each ticket, the amount of the refund will be limited to the amount for which that ticket was purchased (including any fees or charges).
- Proof of purchase may be required for any refund or exchange. You must apply for a refund within one week of the scheduled event date]. Unless otherwise expressly specified (including under clause 10) refunds or exchanges will not be offered due to a change in your personal circumstances.
- Any refund payable for a ticket will be made to the original purchaser of that ticket. Refunds will not be issued for tickets purchased from a reseller or an unauthorised seller. If you are not the original purchaser because you bought your ticket from a reseller, there is no guarantee that any refund provided to the original purchaser will be passed on to you.
- We may cancel a ticket to an Event if we reasonably consider that the ticket was purchased fraudulently. Refunds will not be issued for tickets which have been cancelled due to fraud or a breach of these Terms and Conditions.
- Unless required by law (including the Australian Consumer Law), we will not be liable for any Losses or Auxiliary Expenses suffered or incurred by you or a third party in connection with your attendance or non-attendance at an Event, including if the Event is cancelled, rescheduled or relocated. You should consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements associated with attendance at an Event. You may also wish to consider taking out insurance to cover for any Losses in connection with the Event or its cancellation, rescheduling or relocation.
- Lost tickets
It is your responsibility to keep your ticket(s) safe. We may refund or replace lost, stolen or missing tickets at our sole discretion and fees may apply.
- COVID-19 measures
- The original purchaser of a ticket is entitled to a full refund if the relevant Event is cancelled because the Commonwealth or State Government extends or amends existing COVID-19 restrictions (including any applicable public health orders and similar directions).
- The original purchaser of a ticket is entitled to a full refund where they advise us, within 48 hours of an Event, that they are unable to attend the Event due to them:
- being required to isolate or quarantine (and the Event falls within the isolation/quarantine period);
- receiving a positive COVID-19 result or otherwise being diagnosed with COVID-19;
- presenting with flu like or COVID-19 symptoms prior to the Event;
- having been in close contact with anyone who has tested positive to COVID-19 or who is displaying COVID-19 symptoms; or
- having been tested for COVID-19 and awaiting results (and the Event falls within the period of awaiting test results).
- The refund provisions provided in paragraphs (a) and (b) above will not apply in the case that the relevant circumstances were known to you prior to the ticket purchase. Subject to applicable privacy laws, we reserve the right to require the supply of reasonable evidence before processing a refund under this clause 10.
- We may decide, in our sole discretion, to change the format of an Event (including, for example to hold the Event online) as a result of the implementation of COVID-19 restrictions. We will give you as much notice as reasonably possible of any changes made under this clause 10(d) (including notifying you of any refunds to be made in connection with the change).
- Consumer Guarantees
- Under the Australian Consumer Law (and similar legislation of Australian states and territories including the application of the Australian Consumer Law), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).
- The operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified.
- Our liability to you in relation to tickets is limited to the obligations specified in these Terms and Conditions and our obligations under applicable laws (including the Australian Consumer Law).
- You acknowledge that attendance at an Event may carry with it certain dangers, including the risk of injury and damage to you or your property and you agree that you attend an Event at your own risk.
- To the maximum extent permitted by law, we exclude from these Terms and Conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).
- Ticket holders enter Event venues at their own risk. To the maximum extent permitted by law (including the Australian Consumer Law), we will not be liable for any Loss, damage, expense or injury to the extent arising from your wilful, reckless or negligent acts or omissions, any pre-existing medical condition, your breach of these Terms and Conditions, the cancellation of your tickets due to your breach of these Terms and Conditions, or your reliance on reviews and opinions about Events and performers.
- You agree to compensate us for any damage, loss, liability or injury we may suffer as a result of your wilful, reckless or negligent acts or omissions at an Event.
- Photographs, recordings and privacy
- Closed circuit television (CCTV) cameras may be used at Venues.
- We reserve the right to record, photograph, broadcast and/or telecast any Event and you consent to us doing so. You consent to the editing, reproducing and communicating by us, or permitted by us, of any image or recording taken of you, and anyone for whom you are responsible, while on the premises, in whole or part to the public in any place and in all media. We are not obliged to provide or reproduce to you any such image or recording.
To the extent there is any inconsistency between any of the terms in the following documents:
- these Terms and Conditions;
- the Online Shop Terms and Conditions; and
the terms in the document listed first from paragraphs (a) to (c) above will prevail to the extent of the inconsistency.
- Severability – If any part of these Terms and Conditions is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions. The remaining Terms and Conditions remain in force and constitute a binding agreement between you and Biennale of Sydney.
- Relationship between the parties – Nothing in these Terms and Conditions constitutes the parties as partners or joint venturers or agents for the other party or give rise to any other form of fiduciary relationship between the parties.
- No waiver – We do not waive a right, power or remedy in connection with these Terms and Conditions if we fail to exercise or delay in exercising the right, power or remedy. Without limiting our rights under these Terms and Conditions or at law, we reserve the right to enforce these Terms and Conditions if you have purchased a ticket to an Event in contravention of these Terms and Conditions.
- Force majeure – To the extent permitted by applicable law and subject to clause 11 Biennale of Sydney will not be liable to you for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control.
- Governing law – These Terms and Conditions are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.
- Dispute resolution – If you have any issue arising out of these Terms and Conditions or in relation to purchasing of tickets or attendance of Events, you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.
We value your feedback, both positive and negative. You can provide your comments by completing our contact form email@example.com.