IMPORTANT – PLEASE READ
Your purchase of Cirque du Soleil® tickets through this online service is subject to and hereby incorporates the legally binding terms and conditions set out in the Terms and Conditions and in the Privacy Policy as well as in any other policies of this website. This is a legal document that describes your rights and responsibilities as a user, including important information on the purchase of tickets or other products and on the Cirque Club discussion forum. When reference is made to this "Agreement", it shall include the Terms and Conditions and the Privacy Policy.
You can also read and accept this Agreement in French. If you have any questions about this Agreement, please feel free to Contact Us.
By using our website, you agree to these Terms and Conditions. Therefore, if you do not agree to these Terms and Conditions or any other Cirque du Soleil® policies, do not use this website.
The Internet is evolving, and so is Cirque du Soleil®. This means that there will be changes to our website, and Cirque du Soleil® may modify the website's Terms and Conditions from time to time. Any modifications to our Terms and Conditions will be included on this page, and your use of the website after modifications have been made constitutes acceptance of the Terms and Conditions as modified.
CONDITIONS OF SALE AND CONTRACTUAL OBLIGATIONS
Parties
The parties to this Agreement are:
Cirque du Soleil Australia PTY Limited,in respect of the OVO show presented in Australia.
ABN : 99 082 665 629
("Cirque du Soleil")
Level 65, MLC Centre
19 Martin Place
Sydney NSW 2000, Australia
Email: sales@cirquedusoleil.com
- AND -
You (also referred to as the "Customer")
Purchased Tickets
You hereby agree to purchase and Cirque du Soleil agrees to sell the ticket(s) detailed in your Order Information.
Delivery
These tickets can either be delivered by regular mail at the postal address you indicate, by e-mail at the e-mail address you indicate or, when such option is possible, by will call (pick-up).
If you choose to receive the tickets by e-mail, just print your e-tickets and present them at the show. Note that certain delays and convenience fees (as more fully detailed during the purchase process) are applicable depending on the delivery mode you choose in your Order Information.
Order Confirmation
Once your order is confirmed and your payment completed, you will receive a confirmation page and/or email indicating a confirmation number. You must keep your confirmation number.
If, for any reason whatsoever, you do not receive a confirmation number or if you receive an error message or encounter a service interruption, it is your entire responsibility to contact our Customer Service Department to confirm whether your order has been properly processed. You are solely responsible for any problem that you may cause during the purchase of tickets process. In such case, Cirque du Soleil shall not be responsible for any loss (monetary or otherwise) that may result from any problem occurring or caused by your fault or negligence during the purchase of tickets through this website, including without limitation, the failure of a transaction to be completed or confirmed.
Orders will be processed only after a billing address and other billing information have been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order. This can delay the processing of the order and the delivery of the tickets. In such case, Cirque du Soleil 's Customer Service Department may attempt to contact you, using the information provided at the time of purchase. If Cirque du Soleil is unable to reach you after an initial attempt, it shall reserve the right to cancel your order and sell your tickets to another customer.
Obligation to Pay
By accepting the terms of this Agreement, you agree to pay the full cost of the tickets ordered, including any applicable taxes and delivery, convenience and other fees.
Refunds and Exchanges
You must review your ticket selection before you submit and confirm your order. Subject to the provisions below for cancelled and/or postponed shows, there are no exchanges or refunds once a ticket has been purchased. Notwithstanding the foregoing, exchange may be possible upon immediate notification to Cirque du Soleil of any mistake made during the tickets purchase process.
Cancelled and/or Postponed Shows
When a show is cancelled or postponed, Cirque du Soleil may either offer you an exchange, if reasonable to Customer, or a refund. Cirque du Soleil will inform you if a show is cancelled or postponed. Please make sure to provide your order confirmation number at the time of your inquiry to facilitate processing of your refund or exchange, as applicable. Cirque du Soleil may change its refund and/or exchange policies at any time, at its sole and exclusive discretion.
Late Comers
The show starts on time and latecomers are admitted only during a suitable break in the performance. Late-coming wheelchair-users can only be admitted at the intermission.
Right to Cancel Tickets, Refuse Access and Expel
Cirque du Soleil reserves the right to cancel any tickets or order of tickets through this website and to institute legal proceedings against you if you breach any terms and conditions of this Agreement or this website.
Cirque du Soleil reserves the right to request photo ID of the ticket holder.
In the event any person attending a show is judged unmanageable or exhibits behaviour which is considered inappropriate, or fails to comply with Cirque du Soleil rules, Cirque du Soleil reserves the right to, without any refund or compensation, to terminate such person's license to attend the show. The tickets purchased on this website are revocable licenses and admission to a ticket holder may be refused for any valid reason upon refunding the ticket's face value. Tickets shall not be redeemable for cash.
Recording, Transmission and Publication
For the safety of our artists and the comfort of our audience members, only pictures and short videos (without flash) taken below the shoulder height are permitted using small, pocket-sized cameras with no lenses, and phones.
You hereby grant Cirque du Soleil the right to use your image, likeness, actions and statements in any transmission, publication or reproduction of the show, in any medium or context, without any further authorization or compensation.
No Resale
Any resale of tickets is strictly prohibited. Cirque du Soleil reserves the right to cancel the license granted under the tickets in connection with any fraudulent sale of such tickets, without refund or other compensation. This ticket may not be used for any advertising and/or promotional purposes (including contests and sweepstakes) or resold without the prior written authorization of Cirque du Soleil .
Use of Personal Information
In addition to and without limiting the generality of the provisions set out in our Privacy Policy, by purchasing ticket(s) through this website, you expressly agree that the personal information you provide us may be used by Cirque du Soleil or its affiliates, in order to add you to its or their distribution list, to propose you offers and for other promotional or marketing purposes. We remind you that if you wish that we discontinue use of your personal information, please Contact Us.
Archiving
This Contract will be archived and available for consultation, upon request, at contact@cirquedusoleil.com
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Cirque du Soleil OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR OTHER RELATED ENTITIES, SPONSORS, DISTRIBUTORS, VENDORS, SUPPLIERS, REPRESENTATIVES, PARTNERS OR ALL OTHER PERSONS ACTING ON BEHALF OF Cirque du Soleil , BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, TICKETS OR OTHER PRODUCTS OR RESULTING FROM ANY SERVICES, TICKETS OR OTHER PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE USE OF THE Cirque du Soleil WEBSITE OR ITS TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR FOLLOWING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE.
IN CERTAIN CASES, APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY IN SUCH PARTICULAR CASES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND THAT OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR OTHER RELATED ENTITIES, DISTRIBUTORS, VENDORS, SUPPLIERS, PARTNERS, SPONSORS, REPRESENTATIVES OR ALL OTHER PERSONS ACTING ON BEHALF OF Cirque du Soleil ) UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100).
Indemnification
You are responsible for your postings on our website, the downloading of files, the distribution of information and the transmission of data by your computer system. If you cause damage to our website or if somebody else uses your name or your password to cause damage to our website or harm to Cirque du Soleil , you will be held responsible. Do not reveal your password to anyone.
In addition, you agree to indemnify and hold harmless Cirque du Soleil , its affiliates and other related entities, directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of Cirque du Soleil , from and against all claims, actions, damages or other demands, including reasonable attorney fees and expenses arising from or relating to your purchase of tickets and your use of this website and any content contained herein.
Applicable Laws
Except as otherwise provided by any other applicable laws to this Contract, if the tickets purchased through this website are for a show presented in Australia, the parties hereby agree that this Agreement shall be interpreted and governed by the laws of Australia.