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1. Introduction
1.1 These Terms and Conditions form the basis of myFringe. They are intended to protect both Members and Melbourne Fringe Ltd. It is the Member’s responsibility to read and understand them.

1.2 These Terms and Conditions are effective as at the date of publication (6 September 2006) and may be amended from time to time. Members should refer to this website for the current Terms and Conditions and applicable fees for myFringe.

2. Definitions
In these Terms and Conditions unless the context otherwise requires;

‘Member’ at a point in time means a Member of myFringe who has paid in full the relevant Fee as per the Fee Schedule located at the end of the Terms and Conditions, as amended from time to time.;

‘Benefits’ means any of the facilities, discounts, services, offers or arrangements offered or available to a Member from time to time as a result of Membership in myFringe;

‘Card’ means the myFringe Membership card that Melbourne Fringe Ltd may issue to the Member;

‘Fee Schedule’ means the schedule of fees for myFringe services, which is located at the end of the Terms and Conditions, as amended from time to time;

‘myfringe.com.au’ means the Melbourne Fringe internet site which may be found at myfringe.com.au;

‘Terms and Conditions’ means these Terms and Conditions, as amended from time to time.

3. Changes to myFringe
3.1 Melbourne Fringe reserves the right at all times, subject to applicable laws to make changes (whether material or otherwise) to myFringe, the Terms and Conditions, Benefits offered, and the Fee/s.

3.2 Subject to applicable laws, Melbourne Fringe will;
(a) not be liable for any loss or damage whatsoever suffered by any Member as a result of making such changes;
(b) subject to clause 3.2 (c) use reasonable efforts to advise Members of changes to these Terms and Conditions, but will not be liable in any way for any failure to do so; and
(c) where circumstances are appropriate, use reasonable efforts to give Members 1 months notice where a change will limit Benefits previously offered.

3.3 Without limiting this clause 3 in any way, Members will be taken to have received notice of any changes to these Terms and conditions if Melbourne Fringe notifies the Member of the change by any method including by providing notice at an e-mail address provided to Melbourne Fringe by the Member, by advising the Member by e-ail or posting details of the change/s on this website.

3.4 Melbourne Fringe does not guarantee the continued availability of any particular Offer.

4.1. Melbourne Fringe gives no warranty as to the continuing availability of myFringe. Melbourne Fringe may terminate or suspend myFringe at any time. Where circumstances are appropriate, Melbourne Fringe will use reasonable efforts to give at least one months notice to Members of such termination or suspension.

4.2 If Melbourne Fringe terminates or suspends myFringe then Melbourne Fringe may terminate or cancel any Benefits.

4.3 Subject to applicable laws, Melbourne Fringe will not be liable for any loss or damage whatsoever suffered by any Member as a result of such termination, suspension or cancellation.

5.1 Membership of myFringe is open only to individuals. Membership is not open to families, groups, companies, trusts, partnerships, other entities, government departments, agencies, animals or inanimate objects.

5.2 Persons wishing to become Members must apply for Membership and pay any applicable joining or other fees. Membership is offered at the discretion of Melbourne Fringe. Melbourne Fringe has the right to accept or reject any application for Membership.

5.4 Successful applicants will be assigned a Membership number and may be sent a Membership kit which may include a Membership card. It is the Members responsibility to ensure the Membership card is kept secure.

5.5 New Members may, before they use their Membership and within two weeks of receiving their Membership number, notify Melbourne Fringe that they no longer wish to be a Member and return their Membership card (if any) to Melbourne Fringe. Melbourne Fringe will then cancel their Membership and refund any joining fee or other fees paid for that Membership. Otherwise Membership is non-refundable and is not transferable.

5.6 A Members mailing address and/or e-mail address may be used to determine their eligibility for Benefits, promotions and other offerings.

5.7 Each Member must advise Melbourne Fringe of any change of name, address, or other details as soon as practicable after the change. Changes can be made by calling or writing to Melbourne Fringe. You must supply your Membership number when making any such changes. Melbourne Fringe is not responsible for any failure by a Member to adequately notify Melbourne Fringe of such a change. Written proof must be supplied for any change of name, and may be required for other changes.

5.8 Members may, at any time, cancel their Membership by providing written notice to Melbourne Fringe. Members must return their Membership card to Melbourne Fringe.

Note: Due to administrative constraints, upon receipt of a written notice under clause 5.8 Melbourne Fringe will cancel the relevant Membership and any Benefits will no longer apply. Accordingly, Melbourne Fringe recommends that Members carefully plan all cancellations to avoid unintentional loss of Benefits.

6.1 By using the Card or Membership number, or claiming any Benefit, the Member agrees to be bound by the Terms and Conditions and provides the consents specified in clause 9 relating to personal information.

6.2 The Card is and will remain the property of Melbourne Fringe and must be returned upon cancellation of Membership or upon demand. It is not a payment card.

6.3 The Card and Membership number are valid for use only by the Member and are not transferable in any circumstances. If there is a validity period on a card, the Card may be used only during that validity period.

6.4 Melbourne Fringe reserves the right to require any Member to produce their Card and to quote their Membership number at any time or when the Member is claiming or utilising any Benefits.

6.5 In the event of loss, theft or unauthorised use of your Card or unauthorised use of your Membership number, it is your responsibility to immediately advise Melbourne Fringe as soon as possible. The Member is liable for all use of the Card or Membership number until Melbourne Fringe is notified of the loss, theft or misuse. Melbourne Fringe will not be liable for misuse of a lost or stolen Card or any unauthorised use of a Card or Membership number.

6.6 A Replacement Card Fee (see Fee Schedule) will be charged when a replacement Card is issued. A request for waiving the Replacement Card Fee can be made only under the following circumstances;
(a) a change of name due to marriage, divorce or deed poll – relevant documentation required. The Card must be returned to Melbourne Fringe
(b) the Card has an inoperable barcode – the Card must be returned to Melbourne Fringe;
(c) the Card was stolen – police report or reference number required or;
(d) the Card was sent by Melbourne Fringe but was not received (lost in the mail) – notification must be made within two months of joining.

6.7 Melbourne Fringe may, in its absolute discretion, waive the Replacement Card Fee id all requested documentation is provided and Melbourne Fringe considers the request is genuine.

7.2 Members must not:
(a) abuse or misuse myFringe, any Benefits, facilities, services or arrangements accorded to the Member as a result of their Membership;
(b) act in any way which is likely to be detrimental to the interests of myFringe or Melbourne Fringe or any Partner
(c) supply or attempt to supply any false or misleading information, or make any misrepresentation to Melbourne Fringe or their Partner;
(d) sell, assign, transfer or acquire, or offer to sell, assign, transfer or acquire any Benefit offered other than in accordance with these Terms and Conditions; or
(e) act in any way which in Melbourne Fringe’ reasonable opinion breaches or is likely to breach these Terms and Conditions or is inconsistent with the intent of these Terms and Conditions.

8.1 If in Melbourne Fringes’ reasonable opinion a Member has committed a material breach of any of the Terms and Conditions or has failed to pay any money owed by the due date, whether intentionally or otherwise, then Melbourne Fringe may, at it’s sole discretion and without any liability do any one or more of the following;
(a) suspend or terminate the Member’s Membership and/or the right of the Member to use the Card;
(b) cancel or refuse to honour any Benefit that has been offered.

8.2 In the event of suspension or termination of Membership under clause 8.1 subject to applicable laws Melbourne Fringe will not be liable for any loss or damage whatsoever suffered by any person as a result of such suspension, termination.

8.3 Membership will terminate automatically;
(a) if the Member fails to pay in full the annual Membership Fee as outlined in the Fee Schedule located at the end of these Terms and Conditions;
(b) on the death of a Member. Melbourne Fringe will close the Members account on notification of the Members death.
Melbourne Fringe will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation.

9. Personal Information
9.1 it is a condition of Membership that a Member consents and authorises Melbourne Fringe to provide the information on their application form and other information that they provide to Melbourne Fringe to partners for the purpose of;
(a) providing services to Members
(b) providing Benefits to Members
(c) Melbourne Fringe improving customer service, including by means of research, marketing, product development and planning;
(d) Melbourne Fringe marketing its products or services or the products or services of its partners and
(e) any third party providing services to Melbourne Fringe and Members in connection with the administration of myFringe.
This information may be transferred too or from Australia for these purposes. If all or any part of the requested information is not provided by the Member, the services provided to that Member by Melbourne Fringe may be affected.

9.2 On request by a Member and to the extent permitted or required by Law Melbourne Fringe will provide that Member with access too and the ability to correct their personal information held by Melbourne Fringe. Only the Member named on the account will be entitled to access their Membership information. However, Melbourne Fringe does comply with validly served and executed court orders and subpoenas and cooperates with investigations by State and Federal agencies. Under those circumstances or where otherwise required by law a Member’s account information may be shared with others with or without the Member’s knowledge or consent.

10.1 Interpretation; In these Terms and Conditions, unless the contrary intention appears;
(a) the singular includes the plural and vice versa;
(b) dollars or $ means Australian dollars;
(c) unless otherwise stated, all dollar amounts include any applicable GST;
(d) dates are Universal Time Code (or GMT) dates
(e) a reference to ‘include’ or ‘including’ means ‘including but not limited to’.

10.2 Governing Law: The Terms and Conditions and membership of myFringe are governed by and will be construed in accordance with the laws of the State of Victoria, Australia irrespective of where the application for Membership has been completed by the Member or submitted by Melbourne Fringe. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership the Member submits to the non-exclusive jurisdiction of the State of Victoria.

10.3 Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including under the Trade Practices Act (1974).

10.4 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

10.5 Melbourne Fringe recommends that Members consult a taxation adviser to ensure that you understand possible Taxation and Fringe Benefits Tax implications, if any, related to your membership of myFringe.

Valid at the time of publishing until further notice. Fees will apply to the Member to whom the service relates.

Service	Fee
Membership Fee	$50 per annum
Membership Fee – Concession Card Holders*	$35 per annum
Membership Fee – Melbourne Fringe Festival Artists**	$35 per annum
Replacement Card Fee	$5 per card

* Members must be able to provide proof of entitlement.
** Melbourne Fringe Festival Artists include performers who have been registered for past Festivals or for the current Festival.