Website terms and conditions

This document contains the terms and conditions governing your use of www.heide.com.au ("this Website") and your purchase of any tickets, goods or services from Heide Museum of Modern Art ("Heide") using this Website.

  1. APPLICATION OF THESE TERMS AND CONDITIONS

    1. You agree that your use of this Website and the purchase of any ticket, goods or services will be governed by these terms and conditions ("Terms of Use").
    2. If Heide suffers or incurs any loss or damage in connection with or as a direct consequence of any breach of these Terms of Use by you, you agree to indemnify Heide for those losses and damages.
  2. REGISTRATION

    1. You may be asked to provide personal information, as that term is defined in the Privacy Act 1988 (Cth) ("Personal Information") to Heide before purchasing any ticket, goods or services from this Website, before entering any competition on the Website or before joining as a Heide Member. If you do not provide that Personal Information to Heide, Heide may not be able to sell you tickets, goods or services, enter you into competitions or register you as a member of Heide.
    2. All Personal Information Heide collects from this Website will be maintained in accordance with Heide’s Privacy Policy.
    3. Heide will use its reasonable endeavours to maintain the security of any Personal Information that you provide. This Website has security measures in place to protect the loss, misuse and alteration of the information under Village's control. However, no data transmission over the Internet can be completely secure, and Heide cannot give an absolute assurance that the information you provide to us will be secure at all times.
    4. Heide may use techniques designed to identify fraudulent activities on the Website, such as fraudulent credit card use. If any unauthorised use of your credit card occurs as a result of your credit card purchase on the Website, you should immediately notify your credit card provider in accordance with its reporting rules and procedures.
    5. You agree that Heide may cancel your registration as a member of Heide refuse you access to this Website at any time in its sole discretion.
    6. For the current terms and conditions regarding Heide Membership, click here
  3. GIFT VOUCHERS

    1. A gift voucher is valid for the redemption of an exhibition ticket for 12 months only from the date of purchase and cannot be extended or changed.
    2. Booking fees apply for online and phone bookings.
    3. Redemption for admission is subject to availability.
    4. Lost or stolen vouchers will not be replaced or refunded, unless required by law.
    5. A gift voucher cannot be redeemed for cash, must not be on-sold without the written permission of Heide, is non-refundable and is not available for exchange, unless required by law.
    6. The prices listed on https://www.heide.com.au may differ from those available at the Information Desks.
  4. MUSEUM PASSES

    1. Museum passes purchased via this Website can be collected:
      1. by presenting your smart phone to the usher at the cinema, where the ticket has been emailed to you and the ticket is displayed on your smart phone. The unique barcode on the ticket can only be used once;
      2. by printing the ticket at home and presenting the print-out at the ticket-tearing point to gain admission to Heide. The unique barcode on the ticket can only be used once.
    2. Museum passes purchased via this Website are non-refundable and are not available for exchange, unless required by law.
    3. You acknowledge that Heide may, at its discretion, refuse to sell tickets to you or withdraw any tickets from sale via this Website.
  5. CONCESSIONS

    1. Where concession tickets are purchased or concessional gift vouchers are redeemed for movie tickets, suitable identification must be presented upon collection of the tickets.
  6. PURCHASES AND GST

    1. Payment for items purchased from https://www.heide.com.au from this website must be made by credit card.
    2. Prices quoted on this Website are in Australian dollars and include GST where applicable.
  7. INTELLECTUAL PROPERTY RIGHTS

    1. You acknowledge and agree that the copyright and other intellectual property rights in this Website and in all information and materials on this Website ("Website Content") are owned by Heide, its affiliates, suppliers or licensors unless expressly indicated. The Website Content is protected by Australian and international copyright and trademark laws.
    2. You agree that you will not do any of the following without Heide’s written permission:
      1. use Heide’s trademarks, except for printing out a copy of this Website or as part of a reference to a Heide product or service;
      2. reproduce, copy, modify, merge, adapt, translate, re publish, frame, upload to a third party, post, transmit, broadcast, communicate to the public or otherwise make the Website Content available to the public;
      3. transmit or display the Website Content on any computer, system or network which permits electronic access by more than one user at a time;
      4. use, sell, assign, rent, sub licence or otherwise deal with the Website Content except as permitted by these Terms of Use; or
      5. anything else which would infringe Heide’s rights or the rights of Heide’s content suppliers.
    3. You may view this Website using a web "browser" so long as you do not change the form of copyright and other proprietary notices. If you are interested in a piece of content for your personal, non-commercial use, you may save a single copy, print one or download one.
  8. MODIFICATION OF THESE TERMS AND THIS WEBSITE

    1. You agree that Heide may at any time, in its sole discretion, modify:
      1. the presentation and outlay of this Website;
      2. the Website Content; and/or
      3. these Terms of Use (and any other terms on this Website), with such modifications to take effect from the time that they are posted to this Website.
  9. THIRD PARTY LINKS AND ADVERTISING

    1. Heide provides hyperlinks to third party sites ("Linked Sites") for convenience only, and the inclusion of the hyperlink does not imply any endorsement of the Linked Site by Heide or its affiliates. In addition, the inclusion of third party advertising on this Website (whether with or without hyperlinks) is not an endorsement or recommendation of the third party advertiser by Heide or its affiliates.
    2. You acknowledge and agree that Linked Sites are not under the control of Heide and that Heide is not liable or responsible for:
      1. any act, omission or negligence of any person who administers or owns any Linked Site;
      2. the copyright compliance, legality or decency of any Linked Site;
      3. the accuracy or reliability of any information provided by any Linked Site;
      4. any goods or services provided by any person who administers or owns any Linked Site; or
      5. the performance of any obligations owing to by any person who administers or owns any Linked Site.
  10. WEBSITE USAGE

    1. You agree that in using this Website, you will not:
      1. use parts of this Website reserved for registered members unless you are registered as a member;
      2. interfere with the usage of this Website by others;
      3. use this Website in an illegal manner;
      4. upload, post, email or otherwise transmit any document or information to this Website that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
      5. upload, post, email or otherwise transmit any document or information to this Website that infringes any Intellectual Property Rights of any person;
      6. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
      7. interfere with or disrupt this Website, the server hosting this Website, or servers or networks connected to the server hosting this Website.
  11. REPRESENTATIONS AND WARRANTIES

    1. You acknowledge and agree that apart from where required by law, this Website and all Website Content are provided "as is" without warranties of any kind, express or implied.
    2. You acknowledge that, apart from where stated to the contrary on this Website, Heide has not made any representations or given any warranties:
      1. as to the functionality or content of this Website;
      2. as to the accuracy or completeness of any Website Content;
      3. that access to this Website will be uninterrupted or error free or that the Website or the server which stores and transmits the Website Content to you are free from viruses;
      4. that any links contained on this Website will provide you with any useful information;
      5. that museum passes will be available for sale to you.
  12. DISCLAIMER

    1. Except as provided by law, neither Heide nor its affiliates nor the employees, officers and agents of Heide or its affiliates will be under any liability to you, in contract, tort or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred or which may arise directly or indirectly in respect of:
      1. your use of this Website;
      2. the accuracy, completeness or usefulness of any Website Content or information contained in that Website Content;
      3. your use of any websites that this Website links to;
        1. any tickets or other goods or services supplied pursuant to these Terms of Use; or
        2. in respect of the failure of Heide to comply with its obligations under these Terms of Use.
  13. CONSUMER GUARANTEES

    1. The Competition and Consumer Act 2010 (Cth) imposes statutory guarantees on Heide when it supplies goods or services to consumers pursuant to these Terms of Use. However, the liability of Village for any breach of such condition or warranty or any other breach of these Terms of Use will be limited where it is reasonable to do so, at the option of Village, to one or more of the following:
      1. If the breach relates to goods:
        1. the replacement of the goods or the supply of equivalent goods;
        2. the repair of such goods;
        3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        4. the payment of the cost of having the goods repaired; and
      2. If the breach relates to services: 1.the supplying of the services again; or
        1. the payment of the cost of having the services supplied again.
  14. GOVERNING LAW

    1. These Terms of Use shall be construed in accordance with and shall be governed by the laws in force in the State of Victoria.
    2. You irrevocably submit to and accept the exclusive jurisdiction of any of the Courts of the State of Victoria or the Commonwealth of Australia and any courts of appeal from these courts.