Terms & Conditions
1. Agreement and operator
These Terms & Conditions govern access to and use of the Pearl Bit Star Zau website and the astronomy, gallery, education, event, research and observatory information presented through it. The website is operated by Pearl Bit Star Zau Gallery Pty Ltd., ABN 94 627 841 395, ACN 627 841 395, of 7 Halifax Street, Botany NSW 2019, Australia.
By using the website, you agree to these Terms. If you do not agree, do not use the website. Separate booking, ticketing, venue, research or education terms may apply to a specific service and will prevail to the extent of any inconsistency.
2. Informational nature of the website
Website content is provided for general information, education and planning. Astronomical observations depend on weather, visibility, equipment, staffing, safety requirements and other circumstances outside our control. Images, schedules, program descriptions and availability may change.
Nothing on the website constitutes professional scientific, medical, legal, financial or safety advice. Users should obtain appropriate specialist advice where decisions depend on such matters.
3. Eligibility and minors
You must have legal capacity to enter an agreement or use the website under the supervision of a parent, guardian, teacher or authorised adult. A person arranging attendance for a minor confirms that they are authorised to do so and will communicate all relevant safety and participation requirements.
4. Acceptable use
You must use the website lawfully, respectfully and in a way that does not damage, disable, overload or compromise the website or associated systems. You must not attempt unauthorised access, introduce malicious code, scrape content at a disruptive rate, circumvent security, impersonate another person, submit unlawful material or use website content to mislead others.
You must not interfere with another user, exploit vulnerabilities, test security without written authorisation, or use automated systems in a manner that imposes an unreasonable load.
5. Bookings, events and program availability
Information about sessions, events and educational programs is an invitation to enquire and does not guarantee a reservation. A booking becomes binding only when confirmed through the applicable booking process. We may set capacity limits, age requirements, supervision ratios, arrival times, equipment restrictions and conduct rules.
Programs may be postponed, adapted or cancelled because of weather, unsafe conditions, equipment failure, staffing, public health directions, venue restrictions or force majeure. Any refund, transfer or credit will be governed by the booking terms and the Australian Consumer Law.
6. Visitor responsibilities and safety
Visitors must follow lawful directions from staff, remain within authorised areas, supervise children in their care, use equipment only as instructed and disclose relevant accessibility or safety needs sufficiently in advance. Prohibited, unsafe or disruptive conduct may result in removal without prejudice to any legal rights.
Night-time activities, uneven surfaces, low lighting and optical equipment require care. Visitors are responsible for suitable clothing, footwear and transport arrangements, subject to duties that cannot lawfully be excluded.
7. User submissions and enquiries
If you submit text, images, feedback, questions or other material, you confirm that you have the right to provide it and that it does not infringe another person’s rights or contain unlawful, harmful or misleading content. You retain ownership of your material.
You grant us a non-exclusive, worldwide, royalty-free licence to use submitted material only as reasonably necessary to respond, administer the relevant service, keep records and, where you separately consent, publish or promote the contribution. You may withdraw optional publication consent prospectively.
8. Intellectual property
Unless otherwise stated, website text, design, branding, illustrations, photographs, graphics, video, software and compilations are owned by or licensed to us and are protected by copyright, trade mark and other laws. You may view and print reasonable extracts for personal, non-commercial and educational reference.
You must not reproduce, republish, sell, adapt, remove notices, create misleading derivatives or use content commercially without written permission or a legal exception. Educational citation must identify the source accurately and must not imply endorsement.
9. Gallery and research materials
Astronomy images and research materials may include additional attribution, licence, embargo, publication or citation conditions. Those conditions form part of these Terms. Scientific data may be preliminary and may change after calibration, peer review or further analysis.
Do not represent educational or outreach material as verified professional research unless it is expressly described that way.
10. Privacy and cookies
Personal information is handled as described in the Privacy Policy. Browser storage and similar technologies are described in the Cookie Policy. By submitting information, you confirm that it is accurate and that you are authorised to provide information about any other person.
11. Third-party services and links
The fully local version of this website does not require external scripts, styles, fonts, images or analytics services. A future production version may link to independent booking, payment, education or partner services. Third-party services are governed by their own terms, and we do not control their availability or content.
12. Consumer guarantees
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law. Where liability can lawfully be limited, our liability will be limited to the extent permitted by law and, where applicable, to re-supplying the relevant service or paying the reasonable cost of re-supply.
13. Disclaimers
To the maximum extent permitted by law, the website is provided on an “as available” basis. We do not guarantee uninterrupted access, error-free operation, particular observation conditions, scientific outcomes or compatibility with every device. We take reasonable care with content but do not warrant that every item is complete, current or free from typographical error.
14. Limitation of liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, loss of opportunity, loss of data or loss caused by circumstances beyond reasonable control. This limitation does not apply where liability cannot be excluded, including liability arising from fraud, wilful misconduct or rights protected by mandatory consumer law.
You are responsible for maintaining appropriate device security and backups. We are not responsible for loss caused by malware or unauthorised conduct originating outside systems under our reasonable control.
15. Indemnity
To the extent permitted by law, you agree to indemnify us against loss reasonably arising from your unlawful use of the website, infringement of third-party rights, or material breach of these Terms. This indemnity is reduced to the extent that our own act or omission contributed to the loss.
16. Suspension and termination
We may restrict or terminate access where reasonably necessary to protect security, enforce these Terms, comply with law or prevent harm. Provisions concerning intellectual property, liability, privacy, disputes and accrued rights survive termination.
17. Force majeure
We are not responsible for delay or failure caused by events beyond reasonable control, including severe weather, natural disaster, fire, epidemic, power or network failure, labour disruption, government action, civil disturbance, transport disruption or critical equipment failure. We will take reasonable steps to minimise disruption.
18. Governing law and disputes
These Terms are governed by the laws of New South Wales, Australia. Courts and tribunals with jurisdiction in New South Wales may hear disputes, subject to any mandatory right to bring a claim elsewhere. Before commencing formal proceedings, the parties should attempt in good faith to resolve the issue through written notice and reasonable discussion.
19. General provisions
If a provision is invalid or unenforceable, it will be read down or severed without affecting the remaining provisions. A failure to enforce a right is not a waiver. You may not assign your rights under these Terms without consent; we may assign them as part of a lawful business transfer with appropriate protection of user rights.
These Terms, together with policies and service-specific terms expressly incorporated by reference, form the agreement concerning website use.
20. Contact
Legal entity: Pearl Bit Star Zau Gallery Pty Ltd.Address: 7 Halifax Street, Botany NSW 2019, Australia
Email: info@pearlbitstarzaugallery.com
Telephone: +61 2 8394 6217