Website Terms of Use

 

Welcome to the website of Urth Wellbeing Pty Ltd trading as Urth Clay Studio, UCS,  (ACN  664 450 980) “) (“we”, “us” or the “Company”), a leading provider of pottery classes in South Australia. This website is located on the web via the domain https://urthclaystudio.com.au/ and includes all of the files located in that domain (“this site”).

2023 Terms & Conditions

General

These terms and conditions govern your use of this website and any Digital Platform (hereafter referenced as the Website), including the use and sale of URTH Tickets ® tickets, merchandise, Memberships, vouchers and donations (Services) through the Website and our Call Centre, and use of the Digital Platform. By using the Website or acquiring Services you acknowledge that you have read, understood and are bound by these terms and conditions (Agreement). If you do not understand the Agreement, or do not accept any part of it, then you may not use the Website or Services.
In this Agreement:

‘Ticket’ means a URTH Clay Studio  ticket (whether printed or electronic) to an Event. Earth Clay Studio. 

‘Event’ means an event, concert, or performance that is registered with us, or for which UCS sells tickets, and includes Digital Events, unless stated otherwise throughout this Agreement. 
‘Content’ means any content or material on the Website and any content filmed or live within an Event or Digital Event.

‘Digital Event’ means any filmed, streamed or pre-recorded theatrical production, performance or event  we Sell tickets for.

‘Digital Platform’ means any website, platform, medium or streaming service used to provide a Digital Event, including but not limited to YouTube, Zoom and Vimeo.

‘Intellectual Property’ means any intellectual property rights whatsoever, whether registered or not, whether arising now or in the future, on any legal basis and in any jurisdiction, including rights in relation to copyright, patents, inventions, trade mark, design, trade secrets, know how, goodwill, reputation and confidential information.
 
‘Presenter’ means the owner or Facilitator of an Event.
‘We’, ‘us’ or ‘our’ means Urth wellbeing , UCS, ABN 17 664 450 980

‘You’ means the person using the Website, acquiring a Ticket either online, via UCS Call Centre or  seeking to attend or view an Event.

Intellectual Property Rights

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The material on this Website and all Content and Intellectual Property in the same is protected and property of UCS  or the respective owner.
Except as expressly stated in this Agreement, you do not have any right, title, or interest in any Intellectual Property in any material or Content. You may use it for your personal and non-commercial purposes only. You must not otherwise use, copy, modify, transmit, store, publish, exploit, rent, lease, loan, sell, or distribute this material or Content or Intellectual Property, or create any derivative works, without written permission from us and, if applicable, the respective owner.
You must not use any logos or other trademarks displayed on the Website, whether registered or not, or modify them in any way without written permission from us or the owner.
Without limiting the above, you acknowledge that the Presenter is the owner or the licensee of all Intellectual Property of the Event.
Website Content & Service
UCS may at its discretion and without giving notice alter, remove or suspend any part of the Website and any Content. In no event will UCS  be liable for any loss or damage arising as a result of any such change made to the Website or Content.
While we aim to ensure all information on the Website is up-to-date, details may change from time to time.
You are not allowed to and agree not to circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Website or Content (or attempt to do any of these things).
We do not guarantee uninterrupted, fault-free or error-free Services or use of the Website including viewing of any Digital Event.
The Website may contain links to other websites, content or services, including to any Digital Platform. We do not guarantee that the links, or any content to which they link, will be functional, accurate, secure or up-to-date and you use any other website or content at your own risk and you agree to comply with the terms and conditions applicable to that website or service. UCS is not liable for any loss or damage suffered as a result of your non-compliance with a third party’s terms and conditions.

Website Content & Service

UCS may at its discretion and without giving notice alter, remove or suspend any part of the Website and any Content. In no event will UCS be liable for any loss or damage arising as a result of any such change made to the Website or Content.

While we aim to ensure all information on the Website is up-to-date, details may change from time to time.

You are not allowed to and agree not to circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Website or Content (or attempt to do any of these things).

We do not guarantee uninterrupted, fault-free or error-free Services or use of the Website including viewing of any Digital Event.

The Website may contain links to other websites, content or services, including to any Digital Platform. We do not guarantee that the links, or any content to which they link, will be functional, accurate, secure or up-to-date and you use any other website or content at your own risk and you agree to comply with the terms and conditions applicable to that website or service. UCS is not liable for any loss or damage suffered as a result of your non-compliance with a third party’s terms and conditions.

Accounts

To use some Services on this Website, including purchasing tickets or accessing Digital Events, you must create an UCS online account (Account). To do so, you must have an email address. By creating an Account, you agree to receive notices fromUCS at this email address.

You must be at least 18 years of age (or the applicable age of majority in your jurisdiction) to create an Account. If you are under 18 years of age but at least 13 years old then you may present this Agreement to your parent or legal guardian and they may create an Account on your behalf.

You are responsible for all activity that occurs under your Account, including unauthorised activity.

You must safeguard the confidentiality of all your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorised access to your account, you must change your password and notify us immediately.

UCSmay, at its discretion and at any time, suspend an Account without prior notice.

If you register with the Website on behalf of another individual, you must ensure that the other person is aware of and agrees to this Agreement, and you warrant that you have done so and are authorised to bind that other person. 

You are responsible for the security and proper use of all passwords and links in relation to your Account and must take all necessary steps to ensure that all passwords and links are kept confidential, and are used properly and not disclosed to unauthorised people. You will be responsible for all activities (including viewings of Digital Events) using your Account. You must inform UCS immediately if you have any reason to believe that any passwords/URLs in relation to your Account have become known to someone not authorised to use it or if any passwords are being or likely to be used in an unauthorised way.

In the unusual circumstance that a customer does not have an email address and is issued a ticket at the box office or the call centre, UCS will not be liable for contacting the ticket holder in the case of any event changes or cancellations. Adelaide Fringe will not be held responsible for providing a remedy for any information that is missed by the customer when an email address is not provided.

Ticketing Information – 

All UCS tickets are sold on behalf of the organisation or artists responsible for providing the Event.  ticket prices are stated in Australian dollars and include GST where applicable. All tickets are subject to any additional conditions applicable to the specific Event notified at the time of sale by UCS or by the venue or Digital Platform (as applicable).

Tickets will be issued as e-tickets only. 

All details relating to ticket bookings, including methods for purchasing Tickets (and opening hours, if applicable) transaction fees, refunds and exchanges are available here.

When purchasing Tickets, you agree that you will abide by any government, venue or Event requirements in effect at the time of the Event, including (but not limited to)  mask wearing and using COVID Safe Check-In. If you do not comply with these government, Venue or Event requirements, you may be refused entry into the Event and will not receive a refund (unless required by law).

UCS Events and Venues have the right to introduce a mandate for proof of Covid vaccination or valid exemption as a condition of entry at any time. You must check the Event and Venue listing to ensure you comply with requirements at the time of your attendance. Failing to do so will result in no admittance nor remedy (unless required by law). This messaging will be clearly indicated on each venue and event 

If an Event is cancelled, UCS assumes no obligation for arranging a substitute Event or performance. 

UCS (including via the Event organisers) reserve the right to alter ticket prices, audience capacity or seating arrangements at their discretion, for Events and Digital Events.

Conditions of Entry

A Presenter, Tutor or Venue Manager may refuse your entry to the Venue or evict you from the Venue subsequent to entry on valid grounds which include, but are not limited to, any of the following circumstances:

(a) where you cannot produce a Ticket for the Event; or proof of purchase. 

(b) where you produce a Ticket that has been handled or dealt with in a way that is contrary to the applicable Terms and Conditions;
 
(d) where you produce a Ticket that is identified by the Presenter, Tutor or Venue Manager as having been sold by a Reseller in breach of the Terms and Conditions applicable to the Ticket or the ticket is an invalid or fake ticket;

(e) where you refuse to comply with reasonable directions of the Venue Manager or event organiser that are reasonably required to provide a safe event for workers and other patrons or to comply with relevant laws and government directions or orders;

(f) where you have in your possession and/or refuse to surrender to the Venue Manager’s staff any prohibited object or article including but not limited to dangerous items, photographic or recording equipment or food or alcohol that is not permitted to be brought into or used in that Venue;

(g) where you refuse to undergo a physical search or a search of your possessions and the Terms and Conditions state that a search may be required;

(h) where you behave in a manner which causes or may cause property damage or that threatens or may threaten the safety of performers, other Consumers or any other persons, including as a result of intoxication;

(i) where you behave in a manner that unreasonably interferes with other Consumers’ enjoyment of the Event, including through the use of cameras, mobile phones, personal computers, paging devices or other electronic devices;

(j) where you otherwise breach the Terms and Conditions; or

(k) where you refuse to remain in the area or seat designated on your Ticket.

No audio or video recorders or cameras may be taken into a venue or used without permission of the Event organiser and venue management by prior arrangement. A breach of this condition may lead to the confiscation of all equipment and removal of the patron from the venue. Mobile phones taken into a venue may not be used for the purpose of recording the performance.

No drugs, weapons, food, glass containers, umbrellas or lasers may be taken into a venue.

Some venues have no alcohol or non-smoking restrictions. Refer to conditions of entry at the venue.

The Event organiser reserves the right to film, video, record, photograph, broadcast or telecast the Event and you consent to the use of any image or recording taken of you, and anyone for whom you are responsible, while at an Event. We are not obliged to use, broadcast or provide to you any such recording.

Ticket Resale

UCS is the only authorised ticket seller for Events. We strongly recommend that you only purchase tickets from an authorised ticket seller.

Tickets may not be re-sold or offered for resale for more than 110% of the original ticket price (excluding transaction fees). If a Ticket is sold or offered for resale in breach of this condition,UCS reserves the right to cancel the Ticket without a refund and the bearer of the Ticket may be refused admission. If you have purchased a ticket and can no longer attend the Event, you can pass on your ticket or sell it to a friend in accordance with reselling laws. You will be liable for all refunds in the event of a cancellation. If there’s a change to the Event you will be responsible for passing this information onto the ticket holder.

Digital Platform and Digital Events

UCS (including if requested by the Presenter) has the right to disable your Account or access to the Digital Platform or any Digital Event at any time if in UCS/the Presenter’s opinion you have failed to comply with any of the provisions of this Agreement.

Without limiting any other provision of this Agreement, the Digital Platform is for your own personal and non-commercial use only and you may not (nor support others to) either

(i) use the Digital Platform for educational purposes or commercial use or

(ii) make any copies of any streams or videos of Digital Events or Content, or any Intellectual Property in the same.

No part of the Digital Platform or any Digital Event may be copied or reproduced in any manner and you may not use any automatic device or manual process to access, acquire, copy or monitor any portion of the Digital Platform or any Digital Event or in any way reproduce or circumvent the navigational structure or presentation of the Digital Platform.

You agree you will not (nor support others to) circumvent or modify any security technology or software that is part of the Digital Platform.

You indemnify us and the relevant Presenters from any liability, damage, expense, losses or costs arising from your breach of this Agreement in connection with your use or access to the Digital Platform or Digital Events incurred or suffered by us or the relevant Presenters.

If you choose to access the Digital Platform or Digital Events from locations outside Australia, you do so at your own risk and are responsible for compliance with local laws.

By purchasing a ticket for a Digital Event you are granted a personal, non-exclusive, non-transferable right to view and stream the Digital Event through the Digital Platform.
 

E-Tickets

All tickets will be issued as e-tickets only. 

 
Your order confirmation/e-ticket can be presented at the venue on a smartphone or tablet. 

Please do not print your order confirmation unless necessary. Your e-ticket will be accepted in digital form.

Ticketing Fees

In line with Australia guidelines; Postage and Transaction Fees are not refunded in the event of a cancellation.

Refunds – Events

No refund. 

If an Event is postponed you will get a voucher to use for a future booking plus $10 credit.

If the advertised ticket price is discounted after you purchase your tickets, you are not entitled to a partial or full refund.
 
Dissatisfaction of an Event does not entitle you to an exchange or refund, as per the LPA Ticketing Code of Practice. 

Postage and Transaction Fees are not refunded in the event of a cancellation.

Exchanges – Events

 
  • the request for an exchange is submitted to UCS in writing by emailing growth@urthclaystudio.com.au including the booking email address, session name and time 14 days before the event. 
  • 1- Social Clay session ( One-Off Session ) reschedule:
     
              A- Before 7 business days of the event: you can get a voucher with the full amount of your ticket minus a %20 per ticket admin fee, or you can choose to sell your ticket or gift it to someone, the new participant can use your name to attend, no need to notify us if you sell your ticket.
    To get a voucher to make sure to send your voucher request via email 7 business days before the event including ( option A, I would like to get a voucher – the email address you used for the booking)
     
     
           B –  Within 6 to 5 business days before the event: You can be granted a credit voucher with the full amount of your ticket minus 50% teacher, ticket, and admin fee. 
    Or you can sell your ticket or gift it without the need to notify us, the new participant can use your name to attend, no admin fee applies. 
    Please make sure to send your voucher request via email within 6 to 2 business days before the event including the following  ( option B, I would like to get a voucher – the email address you used for the booking)
     
            C – Within 4 Business days before the event: unfortunately, the cost related to last-minute cancelation is causing a great loss to the studio, we are unable to advertise, or resell the ticket on short notice therefore  unfortunately  a credit or voucher cannot be granted at this point. Please try to sell your ticket or gift it, no need to notify us, the new participant can use your name to attend the same session.
     
     
    2- For all other programs cancelation or reschedule, 
    – before 14 days of the start of the program: we can issue a partial voucher minus ( advertising and admin fee
    %20) 
     
    – Within 13  days of the start of the program: unfortunately we are unable to offer a reschedule, please try to sell your ticket or gift it, we can try to resell the ticket and refund your money but unfortunately we can’t guarantee it, %50 admin fee apply if reselling. 
    We are experiencing a huge amount of emails every day, please allow 4 days for replies, thank you very much for your patience, we are always looking forward to helping you.
  • you will be required to pay the difference in ticket price if the new session has a greater value,  you will not be refunded any difference in ticket price; but you can be credited a voucher. 
  •  
If the exchange is approved by UCS, a non-refundable % 20 exchange fee per transaction is payable by the customer at the time of exchange.
 

Latecomers
Venue and Event staff reserve the right to deny entry to an Event if you arrive late. Many Events have a strict no-latecomer policy and no refunds will be issued if you are denied entry. Latecomer policies are in place to prevent disruption to the performers and other audience members. Events will endeavour to commence at the advertised time, please ensure you are at the Event well in advance of the performance start time.

Ratings and Content Warnings

It is your responsibility to check the suitability of an Event for any children for whom you are purchasing tickets. This includes when purchasing tickets online or through the Call Centre.

The venue which you are attending reserves the right to request proof of age identification before permitting entry into an Event, and may deny entry if the work is not deemed suitable for children. 
 
The rating 14+ is strictly restricted to patrons 14 or older. This could be due to content of the Event or safety  licensing regulations at the venue. If you purchase a ticket that is for an 14+ session and you are denied admittance, you will not be refunded the ticket price. 

Dissatisfaction with the content or rating of an Event  does not entitle the customer to a refund.

Every effort has been made to ensure the accuracy of the program and its details, however Event details, prices and ratings are subject to change wherever necessary and without notice.
 
Vouchers
 
Vouchers can be redeemed on any Event, merchandise, Memberships and donations to the UCS .
Vouchers will not be replaced if lost or stolen. Please treat your voucher as if it were cash, they cannot be reissued and UCS  takes no responsibility if your voucher is misplaced and is then redeemed by another customer.

If you purchased a ticket to an Event with a voucher and that Event is cancelled and you are entitled to a refund, your refund will be automatically returned to a replacement voucher. This voucher sits against your account and can only be redeemed by you. In this instance you will receive a new voucher code.

Vouchers cannot be redeemed for cash.

Payment

If you are unsure if a payment has gone through on the UCS Website, please contact UCS by emailing  growth@urthclaystudio.com.au immediately.

If payment has been unsuccessful, we can happily help you secure your tickets through our Call Centre. We are unable to provide a refund for duplicate bookings, so if you are unsure, it is best to check with us before proceeding on a secondary transaction.

Security & Privacy

You are responsible for the security of your username and password.

We do not guarantee that this Website or any third party website linked to this Website is free from viruses or other material that could affect your device. You should take your own precautions against these risks.
 
Our Website uses cookies. Cookies are small text files that are stored on your device. They are created when you visit a website, to help the website owner to manage how their site is used, including tracking users’ movements between pages or visits, keeping information voluntarily given by the user and matching a user’s historical preferences with content and advertising that may be of greater relevance to them, to make the user’s experience more personal.

Please refer to our full Privacy Policy linked above for more information about how we use cookies.

Disclaimers and Liability

Your access to and use of this Website and Content (including the Digital Platform and Digital Events) is at your own risk and we will not accept any liability in relation to it, other than to the extent the liability that cannot be excluded under applicable laws.

Australian Consumer Law provides certain statutory guarantees for consumers which cannot be excluded. Nothing in these terms and conditions modifies or excludes those guarantees.

To the extent permitted by law, UCS  will not be responsible or liable for any loss, damage or injury to the extent arising under or in connection with this Agreement, including from:

  • your access to and use of the Website or any related Content or information;
  • your attendance at or viewing of any Event;
  • your negligent acts or omissions;
  • any pre-existing medical condition;
  • your breach of this Agreement; or
  • your reliance on reviews or opinions about Events and performers.
You should make your own further enquiries before deciding whether an Event is suitable.

You are responsible for your personal possessions such as bags, mobile phones and other items you carry with you to venues.

UCS does not promise that the Website, or any Content, service or feature of the Website (including the Digital Platform  will be uninterrupted or error-free, or that any defects will be corrected. Such things are provided on an “as-is” basis and “available” basis without any warranty of any kind whether express or implied.

UCS reserves the right, without notice, to do any of the following at any time:

  • to modify, interrupt, suspend or terminate operation of or access to the Website, or any portion of the Website; and
  • to modify or change the Website, and any policies or terms.

Termination

UCS has the right to terminate your access to the Website at any time, without notice, for any reasons, including without limitation, breach of this Agreement.

Without limiting the above, UCS  has the right to terminate your access to any  at any time, without notice. 

Amendments

We may amend this Agreement by updating them on our Website. Your continued use of the Website is deemed to be an acceptance by you of any such amendments. 


Only in the event of a government mandated requirement to self-isolate will UCS offer a remedy for your tickets purchased. Please note:
 
 
UCS  reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack