Read these Terms of Use carefully before using this Site.

By either purchasing or using a ticket for the Festival, or using this website, you agree to be bound by the Terms, the Ticket Terms & Conditions, and our Privacy Policy.

Terms and Conditions for using this site 

ACCEPTANCE
Cabin Fever Festival is operated by AHOY Management (“AHOY Management”). By visiting and using the Cabin Fever website (the “site”), you agree, without limitation or qualification, to be bound by these terms and conditions of use (“terms of use”) and AHOY Management Privacy Policy. Incorporated herein by reference. If you do not agree to these terms of use, you must not use the site.

By submitting your email address to AHOY Management through the purchase of tickets on this site, or by signing up to a mailing list, you agree to receive email newsletters, updates, notifications and other material from us and affiliated third parties (the venue hosting the event you purchase tickets to).

AHOY Management reserves the right to modify or revise the Terms of Use and/or Privacy Policy, in its sole discretion, at any time. By visiting and using the Site, you agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations. AHOY Management will attempt to notify Site Users whenever it materially modifies or revises these Terms of Use; however, it recommends that Site users review the most up-to-date version of the Terms of Use and Privacy Policy periodically.

PERSONAL INFORMATION
The personal information you submit to AHOY Management is governed by the AHOY Management Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern. You are responsible for providing information that is accurate, current, and complete. If you provide information that is not accurate, current, or complete, or if AHOY Management has reason to believe that information you provided is not accurate, current, or complete, AHOY Management has the right to prohibit you from any and all future use.

USE RESTRICTIONS
The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from AHOY Management licensors, and other materials (“Contents”) is protected by copyright under both Australian and foreign laws. Title to the Contents remains with AHOY Management. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of AHOY Management or its licensors. AHOY Management authorises you to view and download a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2018, AHOY Management. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to AHOY Management and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without AHOY Management’s written permission, “mirror” any Contents contained in this Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorised access to the Site through hacking, password mining or any other means. AHOY Management reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

HYPERLINKS FROM THE SITE
The Site may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). AHOY Management does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. AHOY Management is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Site does not indicate AHOY Management’s approval or endorsement thereof. If you choose to leave the Site to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

LIABILITY OF AHOY MANAGEMENT AND ITS LICENSORS AND PARTNERS
The use of the Site or the Contents is at your own risk. The Contents in this Site could include technical inaccuracies or typographical errors. AHOY Management may make changes or improvements at any time.

The contents in this site are provided “as is” and without warranties of any kind either express or implied, and to the fullest extent permissible pursuant to applicable law, AHOY Management disclaims all warranties of merchantability or fitness for a particular purpose. AHOY Management does not warrant that the functions contained in the contents will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. AHOY Management does not warrant or make any representations regarding the use of or the result of the use of the contents in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not AHOY Management) assume the entire cost of all necessary servicing, repair, or correction.

AHOY Management assumes no liability, whether in contract or tort, for any direct, indirect, special, consequential, or punitive damages, including (without limitation) damages for loss of anticipated profits or revenue or other economic loss in connection with or arising from any act or omission by AHOY Management, its agents, affiliates, joint venture partners, independent contractors, or unaffiliated third parties as a result of any act or omission in fulfillment of or in breach of these terms of use or the privacy statement.

INDEMNITY
You agree to defend, indemnify, and hold AHOY Management, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Contents, or your violation of these Terms of Use.

APPLICABLE LAWS
These Terms of Use are governed by and shall be construed in accordance with local applicable law.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

NOTICE AND TAKE DOWN PROCEDURES
If you believe any content accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting AHOY Management (address identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the content that you believe to be infringing and its location. Please describe the content, and provide us with its URL or any other pertinent information that will allow us to locate the content.
Your name, address, telephone number, and (if available) email address.
A statement that you have a good faith belief that the complained-of use of the work is not authorized by the copyright owner, its agent, or the law.
A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Our address for copyright issues relating to the Site is as follows:

CABIN FEVER FESTIVAL
Attn: Legal Department, Cabin Fever Festival
Unit 2/45 Station Road
Margaret River WA 6285
[email protected]

In an effort to protect the rights of copyright owners, AHOY Management maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

COMPLETE AGREEMENT
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of AHOY Management on this Site, these Terms of Use, including AHOY Management Privacy Policy constitute the entire agreement between you and AHOY Management with respect to the use of the Site and Contents.

TICKET TERMS & CONDITIONS 

1. If you breach or do not fulfil any of your obligations of these Ticket Terms and Conditions and Entry Conditions, we retain the right to confiscate items, evict patrons or prohibit entry.
   
2. AHOY Management will only offer a refund or exchange of a ticket if an event is cancelled, rescheduled or significantly relocated by the Seller (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law). You must apply for a refund prior to the original event was to take place. AHOY Management does not offer refunds or exchanges as a result of a change in your personal circumstances.
   
3. If an event is cancelled due to COVID-19, AHOY Management may postpone the event until 2023, or organise for the festival to be rescheduled to new dates. All tickets purchased will automatically be valid for the new dates. In the event that the purchaser is no longer able to attend the new dates, or the event is cancelled completely, refunds will be available on request. Refunds in this scenario will be for 90% of the ticket face value (excluding booking fees). A COVID-19 cancellation fee of 10% will be retained by AHOY Management to pay suppliers and cover costs.
   
4. If an event is cancelled, rescheduled or significantly relocated by the Seller, all liability is limited to the amount for which the ticket was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Unless required by law (including the Australian Consumer Law), neither Humanitix nor the Seller will be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses.
   
5. The Seller reserves the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity. No refunds will be made in this case.
   
6. The Festival is an all-weather event.  All events on the program will continue in rain, hail or shine unless the conditions are deemed unsafe to continue. No refunds will be made if you choose not to attend due to inclement weather.
   
7. We reserve the right to cancel or postpone the Festival for any reason within our control.  In this case, you will be offered a refund for the face value of the ticket purchased.
   
8. There will be no refund on any unused portion of tickets if you are asked or forced to leave, or if you decide not to attend any part of the event.
   
9. To the fullest extent permitted by law, we do not accept liability of any nature for the acts, omissions or default of those providing services in connection with the Festival, or any liability for any injury, damage, loss, delay or additional expenses which are incurred at or in association with this event, regardless of the cause (including negligence). For any condition or warranty imposed by legislation which cannot be excluded or modified, our liability for any breach of such condition or warranty will be limited, at our option, to the resupply of the services, the cost of having the services supplied again, or the refund of the money paid for the ticket. In no event will we be liable for any indirect, consequential, exemplary or special damages.
   
10. You agree that we can collect and keep personal information about you including your name, address, telephone number, email and the names of all ticket allocations. We may need to disclose your personal information as required by law or as permitted under the Privacy Act. AHOY Management’s Privacy Policy outlines how we will handle your personal information.
    
11. By purchasing a ticket, you consent to be included in any photography, film and/or sound recordings of the Festival or its surrounds and for these recordings to be used by us for any future Festival marketing and promotional purposes. If you do not wish to be included in photography or recordings of the event, please advise the Event Organisers prior to attending your event ([email protected])
    
12. Many Cabin Fever events are suitable only for guests aged 18 years and over. Details on who can attend is located on each event page at www.cabinfeverfest.com.au under the ‘Who can attend’ section. You may be required to show your ID to be served or to enter. Please bring your ID with you to events. No refunds will be given to guests under the age of 18 who attend and are not granted access.
    
13. Liquor Licensing laws apply in all licensed venues. All licensed venues have their own conditions of entry and rules relating to the responsible service of alcohol.  Failure to adhere to those conditions of entry or rules may result in refused service, eviction or refusal of entry to the licensed venues.
    
14. Neither AHOY Management, Festival Management nor the venue will be responsible for any loss or damage to persons or the property (including personal property such as bags, money or other personal items) you buy or bring to the Festival.
    
15. In light of your agreement to all the terms and conditions contained herein, including that there shall be no refunds or exchanges relative to ticket purchases, you further agree, that in no event shall you commence a chargeback dispute with Your credit or debit card relative to the Tickets or services purchased hereunder or regarding any amounts forfeited hereunder any or similar charge reversal. You further agree that MBC shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder
    
16. AHOY Management shall not be responsible for any exchange rate losses incurred during the order or refund process.
    
17. There are risks involved in any Event. By going to the Event, you assume all risks incidental to the Event and release Event Management, AHOY Management, Humanitix, Cabin Fever venues and their respective affiliates from all claims related to or arising out of the Event or your presence at the Event. The ticket you hold is subject to all applicable policies of the Management of the Event. This ticket is a revocable license to enter the Event at the date and time listed on the front. What that means is that Management reserves the right, without paying a refund, to refuse entry or eject you if you are not complying with all Management policies applicable to the Event.

Revision Date
This Agreement was last revised on 24 March, 2021.