6.  General Conditions

6.1  GST

Unless specifically described as ‘GST Exclusive’, any sum payable (or amount included in the calculation of the sum payable) or consideration to be provided, under or in accordance with these terms already includes an amount on account of GST where applicable.

6.2  Payment in respect of any taxable supply under this agreement is subject to:

(a)  a valid tax invoice being delivered to the Recipient for the supply; and

(b)  the supplier having provided notice in writing to the Recipient of its ABN.

6.3  Limit on Liability

(a)  All express and implied warranties, guarantees and conditions under Statute or general law as to merchantability, description, quality, suitability or fitness of any goods or services supplied by Us for any purpose are expressly excluded to the extent this is possible and We will not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or services arising out of Our negligence or in any other way whatsoever.

(b)  If any implied warranties and guarantees cannot be excluded, then Our liability is limited (at Our sole discretion) to the supply of the equivalent goods; or the resupply of services’ or a refund of the amount of the registration fee.

6.4  Termination & Cancellation

(a)  Registration fees are non-refundable.

(b)  We can terminate Your participation in the 2024 SALA Festival either with cause for a breach of these terms without notice or without cause by 5 days written notice to You and We will remove Your Event(s) from the program for 2024 SALA Festival. You are not entitled to any compensation whatsoever in the event of termination except, at Our absolute sole discretion, the refund of Your registration fee.

6.5  Interpretation

In these terms:

(a)  a reference to a South Australian Venue is a reference to any venue located within South Australia but additionally includes any venue associated with a First Nations cultural group which identifies with some land which is contained within South Australia even if the group or venue itself is based outside of the South Australian border;

(b)  a reference to an Event is a reference to any Artist exhibition or to the South Australian Venue that will showcase the artistic exhibition or presentation;

(c)  singular includes plural and vice versa and another grammatical form of a defined word or expression has a corresponding meaning;

(d)  reference to a person includes a natural person, corporation and partnership, body corporate, association, governmental or local authority or agency or other entity and vice versa;

(e)  headings do not effect interpretation and no rule of construction applies to the disadvantage of a party because that party put forward these terms or any portion of it;

(f)  if a provision of these terms would, but for this clause, be unenforceable, the provision must be read down to the extent necessary to avoid that result but if the provision cannot be read down to that extent it must be severed without effecting the validity and enforceability of the remainder of these terms;

(g)  reference to a party, if more than one, means each of them jointly and severally and includes the successor to the rights or obligations of that party under these terms;

(h)  a reference to a dollar or dollars is to Australian currency;

(i)  a reference to time is to Adelaide, South Australian time;

(j)  references to “includes” or “including” or “for example” means without limitation.

6.6   Governing Law and Jurisdiction

(a)  These terms are governed by the law of South Australia; and

(b)  each party irrevocably agrees that the Courts of South Australia have exclusive jurisdiction to determine any proceedings in relation to these terms.

Questions: If you have any questions about these terms, please contact Us on telephone (08) 7077 0011 or by email at [email protected]