Bowerbird Bazaar Pty Ltd (Bowerbird) owns and operates this website (bowerbird.net.au). Access to and use of this Website and services available through this Website is subject to the following terms, conditions and notices (Terms of Use). By using the Website, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

1. Use of material on the website
1. Except for the limited use set out in paragraph (b) you may not use the Website, or the material contained on it, for any purpose. This involves:
• the reproduction of the material in any material form;
• the distribution of the material in any material form;
• re-transmission of the material by any medium of communication;
• uploading and/or reposting the material to any other site on the internet;
• “framing” the material on the Website with other material on any other internet site.
• The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Use.
2. Notwithstanding the above restrictions on use of the material on the Website, you may download, store, print or display material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
3. You may not modify or copy:
• the layout of the Website; or
• any computer software and code contained in the Website.
4. The Bowerbird reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
• re-sold and/or re-distributed in any material form;
• stored in any storage media; and/or
• re-transmitted in any media,
• without the prior written consent of Bowerbird.
2. Prohibitions
1. You must not misuse this Website. You will not:
• commit or encourage a criminal offense;
• transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
• hack into any aspect of the Service; corrupt data; cause annoyance to other users;
• infringe upon the rights of any other person's proprietary rights;
• send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
• attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
• Breaching this provision would constitute a criminal offense and Bowerbird will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any linked websites.
3. Links to other websites
1. The Website contains links to other websites owned and operated by third parties and which are not under the control of Bowerbird.
2. In relation to the other websites, which are linked to the Website, Bowerbird:
• provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Bowerbird of the linked site;
• is not responsible for the material contained on those linked sites;
• has no control over the linked sites; and
• accepts no responsibility for them or for any loss or damage that may arise from your use of them.
4. Disclaimer
1. Bowerbird is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked websites.
2. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
3. To the fullest extent permitted by law, Bowerbird hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute services, arising out of or related to the use, inability to use, performance or failures of this Website or the linked websites and any materials posted on those sites, irrespective or whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
4. This does not affect Bowerbird’s liability for death or personal injury arising from its negligence fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
5. Bowerbird does not warrant guarantee or make any representation that:
• the Website, or the server that makes the site available on the internet are free of software viruses, bugs or trojan horses;
• the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
• errors and defects in the Website will be corrected.
6. Bowerbird is not liable to you for:
• errors or omissions in the Website, or linked websites;
• delays to, interruptions of or cessation of the services provided in the Website, or linked websites; and
• defamatory, offensive or illegal conduct of any user of the Website,
• whether caused through negligence of Bowerbird, its employees or independent contractors, or through any other cause.
7. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
5. Disclaimer as to ownership of trademarks, images of personalities and third party copyright
• Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Bowerbird and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Bowerbird.
6. Limitation of liability
1. To the extent permitted by law, Bowerbird will not be responsible or liable for any loss, damage or injury that arises from:
• your access to and use of the Website;
• the purchase of tickets;
• your attendance at the venue;
• damages associated with the products or services provided by the Vendors or resulting from any other transactions between Vendors and the general public.
7. Use of information gathered
• Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.
8. Termination of access
• Bowerbird may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Bowerbird has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
9. Alteration of Terms of Use
• The Owner reserves the right to change these Terms of Use:
1. with or without further notice to you; and
2. without giving you any explanation or justification for such change.
10. Idemnity
• You agree to indemnify, defend and hold harmless Bowerbird, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.
11. Invalidity
1. If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
2. These Terms of Use will be governed by and interpreted in accordance with the law of South Australia, without giving effect to any principles of conflicts of laws.
3. You agree to the jurisdiction of the courts of South Australia to determine any dispute arising out of these Terms of Use.
12. Complaints
• We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
13. Ticketing information
1. For the purpose of these Terms and Conditions:
• Authorised Seller means Bowerbird.
• Event means a Bowerbird Design Market or Workshop held during the Event Dates.
• Event Dates mean the dates as scheduled from time to time by Bowerbird for a Bowerbird Design Market.
• Primary Ticket Holder means the Purchaser responsible for purchasing a Ticket or more than one (1) Ticket per transaction.
• Patron means a person attending an event.
• Ticket means a ticket (whether printed or electronic) to an Event.
• Venue means the location of the Event.
2. Bowerbird is the only authorised Ticket seller for Events.
3. Entry may be refused if Tickets are damaged or defaced in any way or are not purchased from the Authorised Seller.
4. By purchasing a Ticket, or Tickets as the case may be, the Primary Ticket Holder agrees to provide true and correct details.
5. A Ticket must be purchased for each Patron attending the Event, with all mandatory details as required by Bowerbird provided.
6. If an Event is cancelled, Bowerbird assumes no obligation for arranging a substitute Event.
7. Bowerbird reserves the right to alter Ticket prices, audience capacity or seating arrangements at their discretion.
8. Tickets are non-transferable.
14. Photography
1. Bowerbird reserves the right to film, video, record, photograph, broadcast or telecast the Event.
2. By accepting these Terms and Conditions, Patrons consent to the use of any image or recording taken of Patrons, and anyone for whom Patrons are responsible, while at the Event.
3. Bowerbird is not obliged to use, broadcast or provide to Patrons any such recording.
15. Refund Policy
• Subject to rights under the Australian Consumer Law, all Ticket sales are final and all charges from those sales are non-refundable unless faulty.
16. COVID-19
1. In the case of any Government enforced restrictions, Bowerbird is guided by relevant authorities including the Australian Government (including any health department of the same), the South Australian Government (including any health department of the same), and the Local Government Association of South Australia (including any individual local government council) (collectively, Authorities).
2. Bowerbird reserve the right to alter Ticket prices, audience capacity or seating arrangements on the advice of Authorities in response to the Coronavirus (COVID-19).
3. Patrons consent to Bowerbird collecting personal information including a mandatory first and last name, as well as an email address or phone number. Other information that may be collected includes date of birth and postal address (together, Mandatory Data).
4. The Mandatory Data is collected in order to comply with contact tracing requirements mandated by the Authorities, as well as contacting ticket holders in the instance of a market cancellation or re-schedule. Bowerbird Bazaar Pty Ltd may refuse to issue you a ticket if you do not comply with contact tracing regulations as recommended by SA Health.
5. The Primary Ticket Holder warrants:
• that any information provided while purchasing Tickets is true and correct; and
• that any Patrons for whom they purchaser Tickets for will uphold contact tracing requirements.
6. Ticket holders agree to comply with current government restrictions and public health directions by adhering to social distancing protocols and any other measures implemented by Bowerbird Bazaar Pty Ltd.