Name: NOW.HERE.THIS.
Start: 2022-01-25T10:00:00.000Z
End: 2022-01-25T18:00:00.000Z
Location: The Toff

N.H.T. is about nurturing Melbourne's rich and dynamic local music community. The live and improvised late night jam is an integral part to the night’s ethos.  We have the luxury of playing live very, very late. It gets wild!!! 

NOW.HERE.THIS.

(a) Ticket and product sales within this website are provided by Sprout Systems Pty Ltd ABN: 89 163 435 032 ('Sproutix')

(b) Terms and conditions apply to your use of this website, and any purchase made through this website.

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- Mine or collect data
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- Breach any laws


(a) Sproutix is not able to offer refunds or exchanges of tickets purchased through this website unless:

- Required to by law;
- Required to by the Live Performance Australia Ticketing Code of Practice;
- Requested to by event promoter

Before purchasing your tickets we urge you to confirm the title, time and location of the event you wish to go to.

- You confirm any booking you make for tickets and any purchase of merchandise; and
- You enter into a binding contract on the terms and conditions set out in these T&Cs in relation to the booking or any merchandise you purchase.

(c) Upon receipt of payment by you, Sprout will confirm your purchase by email to the email addressed used to access the website. Confirmation will set out details relating to your purchase including:

- Event times and dates; and
- Ticket details; and
- Merchandise and product information (where purchased)

(d) You must notify Sproutix if you do not receive confirmation of your purchase as outlined by paragraph (c) above.

- Any queries relating to purchases made through this website must be made by the purchaser; and
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(a) Any items purchased through this website are for your personal non-commercial use (your 'Purchases')

- Resell or offer for resale any of your Purchases;
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(c) Sproutix may cancel and tickets involved in a breach of the provisions in paragraph (a) and (b) above.


(a) Seating allocations are at the discretion of the event promoter. Sproutix have no liability to you if you consider the seat allocation for your tickets is below your expectations.

(b) You acknowledge, tickets purchased with the following “general admission”, “GA”, “standing”, “unreserved” or similar are for free-standing or unreserved seating areas in which no specific seats are allocated.


(a) Tickets you may acquire through this website are:

- Issued by third parties who promote and/or provide the venue for the relevant event (“Promoter”);
- Often sold by ticket agents (“Agents”); and
- Are subject to terms and conditions that may be published by the Promoter and/or Agents and/or printed on the ticket (“Ticket T&Cs”).

(b) Your rights and obligations in relation to a ticket are set out in the Ticket T&Cs. You acknowledge that:

- You must read the Ticket T&Cs carefully;
- Except as expressly set out in these T&Cs, Sproutix has no liability to you in relation to a ticket; and\
- The liability of the Promoter and the Agent to you in relation to a ticket is set out in the Ticket T&Cs.

(c) Where tickets are to be delivered to you by post:

- Sproutix endeavour to post them to the address you provide between 10 and 21 days prior to the relevant performance;
- And for any reason Sproutix is unable to post the tickets, Sproutix will notify you and the tickets will be available for collection at the box office for the relevant performance from 2 hours prior to the performance.

- You must be able to prove your purchase of the tickets;
- Replacement of the tickets is subject to the terms and conditions of the Promoter and/or Agent;
- Sproutix may charge an administration fee in relation to the re-issue of ticket; and
- Sproutix reserves the right not to replace tickets for which seating is not allocated.


- Is inclusive of GST;
- Includes the base supply of your Purchases and all fees charged to and by Sproutix to supply your Purchases to you;
- Is subject to change at any time prior to you confirming your Purchases.
- All transactions are in Australian dollars only.

(b) You acknowledge that in relation to tickets:

- Any amount of Sproutix's pricing that exceeds the face value of the ticket reflects costs incurred by Sproutix in relation to the tickets (including, without limitation, fees charged to Sproutix for ticket allocations and pre-sale access to tickets); and
- The amounts referred to above may vary from time to time and from event to event depending on market factors beyond Sproutix's control.


(a) If an event is cancelled or postponed, Sproutix may offer a refund to you in accordance with the policies of the suppliers of each component of your Purchases.

(b) You acknowledge that no refund may be available in relation to:

- Costs incurred with respect to travel, accommodation and hospitality bookings; and/or
- Events that are cancelled or postponed after commencing.


(a) All intellectual property rights in and to this website (including all virtual items, software, files, concepts and content) vest in Sproutix or its licensors.

(b) You acknowledge that you have no right title or interest in or to any aspect of the website.


- The website may contain advertising and links to third party products and services;
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- Except as expressly set out on this website, Sproutix makes no warranties or representations in respect of, and do not sponsor or endorse, such third parties or their products and services; and
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(a) You acknowledge that there are many situations that may affect your enjoyment of your Purchases that are outside of Sproutix's control. Accordingly, to the maximum extent permitted by applicable law Sproutix has no liability to you whatsoever in relation to any claim arising from:

- Changes to event information, program, performers or performance dates (including the cancellation and rescheduling of events);
- The actions or omissions of third parties who may provide products and services in connection with your Purchases;
- Defects in any venue, vehicle, device, materials, other goods or services used in connection with your Purchases;
- Venue, Promoter or Agent policies or legal regulation (including, without limitation, dress codes, service of alcohol and other conditions of entry);
- Unforeseen events beyond Sproutix's reasonable control (including, without limitation, fire, flood, acts of war or terrorism, acts of God, telecommunication failures, civil unrest and accidents).


12. Limitation of liability and indemnity

(a) To the maximum extent permitted by applicable law:

- Sproutix makes no representations or warranties whatsoever to you;
- Sproutix hereby excludes all representations, warranties, terms and conditions whether express or implied (and including without limitation, those implied by statute, custom, law or otherwise);
- Sproutix’s cumulative liability to you for all claims made by you under or in relation to these T&C's, the privacy policy, your purchasers or your use of this website will not exceed in aggregate the amount actually received by Sproutix in respect of your purchases in the period 90 days preceding the date the first claim first arose;
- Sproutix will not be liable to you in respect of any claim for any loss of profit, data, goodwill or business, for interruption to business, for any failure to realise anticipated savings or for any consequential, indirect, special punitive or incidental damages.

(b) Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These T&C's and the privacy policy must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Sproutix are entitled to do so, Sproutix limits Sproutix's liability in respect of any claim to, at Sproutix's option:

(i) In relation to services:
(a) The supply of the services again;
(b) The payment of the cost of having the services supplied again; and

(ii) In relation to goods:
(a) The replacement of the goods or the supply or equivalent goods;
(b) The repair of the goods;

(c) The payment of the cost of replacing the goods or acquiring equivalent goods; or

(d) The payment of having the goods repaired.

(a) Sproutix may assign the benefit of these T&Cs and Privacy Policy to any person without your consent. You may only assign the T&Cs and Privacy Policy or a right under them with Sproutix's prior written consent that may be withheld or granted in Sproutix's absolute discretion.

(b) The T&Cs and Privacy Policy constitute the entire agreement between the parties in connection with their subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.

(c) If the whole or any part of a provision of the T&Cs and Privacy Policy is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If however, the whole or any part of a provision of the T&Cs and Privacy Policy is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of the T&Cs and Privacy Policy or affecting the validity or enforceability of that provision in any other jurisdiction.

(d) A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise by a party of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

(e) These T&Cs and Privacy Policy do not create a relationship of employment, trust, agency or partnership between the parties.

(f) The provisions of clauses 3, 4, 6, 7, 8, 9, 10, 11, 12 and this clause 13 will survive termination or expiry of these T&Cs and Privacy Policy and will continue to bind the parties.

(g) You irrevocably waive your right to seek injunctive or other equitable relief to restrain the operation of any element of the services and you agree to limit your claims against Sproutix to claims for monetary damages.

(h) These T&Cs and the Privacy Policy will be governed by and construed in accordance with the law for the time being in force in New South Wales and the parties, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State.

Sprout is concerned about your privacy and wants you to be familiar with how it collects, uses and shares your information. Sprout collects information from you when you access the Sprout web site (the "Site"), when you make a purchase, and when you sign up for or use the various services offered on the Site, (the "Services"). Some of this information is collected automatically and some of it is collected only when you provide it voluntarily.


What types of information does Sprout collect from me?


Personally Identifiable Information. Personally identifiable information is information that identifies you as an individual, such as your name, mailing address, phone number, email address, login ID, member name and password

(“Personally Identifiable Information”). Sprout may collect Personally Identifiable Information from you when you: (a) make a purchase or sign up for or use a Service, (b) voluntarily provide it when you use the Site or Services, (c) disclose it in a public area of the Site (such as a message board or chat room) or (d) provide it when you communicate with Sprout.

Non-Personally Identifiable Information. Non-personally identifiable information is information that does not identify you as an individual. Sprout may automatically collect certain types of this information from you when you use the Site or Services. This type of information includes information such as your browser type, the URL of the previous Web site you visited, the Web pages and advertisements you view or select, the type of Services you use and the searches you conduct. Sprout may also collect non-personally identifiable information from you that you voluntarily provide (such as information included in response to a questionnaire or survey) or post to a public area of the Site (such as a message board or chat room).




How does Sprout automatically collect information?


Cookies. A cookie is a message that is sent to your computer from a Web server and stored on your computer’s hard drive. Sprout’s cookies contain Personally Identifiable Information, such as your Login ID and your email address. Sprout uses cookies to allow you to log in automatically and to ensure that you have agreed to the terms, conditions and policies that govern your use of the Site and Services. In addition, Sprout uses cookies to determine which areas of the Site and which Services are the most popular, and to track your use of the Site and

Services and provide you with a more personalized user experience (for example, by allowing Sprout to carry targeted advertising).

IP Address. An IP address is a number that is assigned to your computer automatically when you use the Internet. Sprout logs your IP address when you use the Site or a Service. Sprout uses your IP address to track your use of the Site and Services.


Personally Identifiable Information. Sprout uses your Personally Identifiable Information to communicate to you about changes to the Site or Services, events, products or services in which you may be interested, and your possible participation in surveys or other promotions. Sprout also uses your Personally Identifiable Information to process and fulfil your purchases, provide you with information that you request, and deliver content to you that is relevant to your interests. Aggregate Information. Sprout combines your usage information relating to the Site and Service with that of other users to determine which areas of the Site and which Services are most popular. By collecting and analysing this data, Sprout can improve the Site and Services. This “Aggregate Information” does not contain any of your Personally Identifiable Information.



Aggregate Information. Sprout shares Aggregate Information with its investors and with its potential and current partners, advertisers and other third parties in connection with the marketing of Sprout’s products and services.

Selling And Renting Information. Sprout does not currently sell or rent your Personally Identifiable Information to third parties. However, you may remove your Personally Identifiable Information now from any list that may be later sold or rented by sending an email to unsubscribe@sproutsystems.com.au Other Sharing. Sprout may transfer the Personally Identifiable Information it collects to any successor in interest to Sprout. Sprout may also disclose Personally Identifiable Information if it determines that an applicable law or legal process requires it, or if Sprout determines that it needs to share it to protect or enforce Sprout’s rights or the rights of another user of the Site or Services.


What options do I have to control the use of my personally identifiable information?


Receiving Communications And Opting Out. During the Sprout registration process, you can “opt out” of receiving certain communications from Sprout and our partners. If you are already registered, you can still “opt out” from receiving these communications by emailing us at info@sproutsystems.com.au Correction And Deletion Of Information. You can obtain a copy of your Personally Identifiable Information by calling customer support or by contacting Sprout at the mailing address below. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personally Identifiable Information. You may correct any errors in your Personally Identifiable Information simply by providing Sprout with the correct information. If you desire, Sprout will delete all of your Personally Identifiable Information (except for your transaction history) from our records upon your request. However, if you choose to delete your Personally Identifiable Information, you may not be able to access some areas of the Site or Services.


No Absolute Safeguards. Although Sprout will use reasonable efforts to safeguard the privacy of your information, transmissions on the Internet cannot be made absolutely secure. Accordingly, Sprout assumes no responsibility or liability for disclosure of your information (personally identifiable or otherwise) due to errors in transmission, unauthorized third-party access or other causes beyond Sprout’s reasonable control.

Third Parties. Sprout does not control the privacy policies of Sprout’s advertisers or other third parties that have Web sites linked to the Site or Services. If you click on an advertisement or link, the privacy policies of the Web site that you link to will govern the use of your information by that Web site’s operator. Sprout assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, make sure you are aware of and comfortable with the privacy policies of any third-party Web sites you link to.

Disclosure Of Information In Public Areas. If you voluntarily disclose Personally Identifiable Information in a public area of the Site or a Service, such as a chat room or message board, that information may be collected and used by a third party to send you unsolicited messages, advertisements or for other purposes.

Sprout does not control the actions of these third parties in public areas of the Site or Services, so if you disclose Personally Identifiable Information in a public area, you do so at your own risk.


If you use the Site or a Service, you are accepting the terms and conditions of this Privacy Policy, and Sprout will have the right to use your information as described in this Privacy Policy. If you do not agree to have your information used in any of the ways described in this Privacy Policy, you must discontinue use of the Site and Service. Sprout reserves the right to modify this Privacy Policy at any time.

SPROUTIX

There are no refunds, credits or exchanges on any ticket except as required by the Live Performance Australia Consumer Code of Practice (for example if an event is postponed or cancelled etc). Incorrect purchases are NOT guaranteed a refund and are at the discretion of the event organiser.

Unique bar & club with art deco train carriage booths offering live music, theatre & late-night DJs.

NOW.HERE.THIS.

Date

Location

The Toff

Other events of The Toff