TERMS AND CONDITIONS
By accessing our website and using our services, you agree to be legally bound by these Terms and any other terms and conditions that form part of our agreement with you. If you are acting on behalf of an Organisation, you also make this agreement on behalf of the Organisation as its authorised representative.
You must review our Terms carefully and, if you do not agree to these Terms, immediately cease using our website and not purchase any tickets or anything else advertised on our website.
1 DEFINITIONS AND INTERPRETATION
(a) In these Terms, the following defined terms have the following meaning:
(i) Delegate means a person that the Organisation has registered to attend an event that is provided by us pursuant to these Terms.
(ii) Delegate Pass means the delegate pass allocated by us to a Delegate for their use during the event that they have been registered to attend.
(iii) Force Majeure means any act, omission, occurrence, on-happening or accident beyond our reasonable control and includes (but is not limited to):
(A) strikes, lock-outs or other industrial action;
(B) civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(C) fire, explosion, storm, flood, earthquake, subsidence, epidemic, health emergencies, disease, or other natural disaster;
(D) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(E) interruption or failure of utility services (including the inability to use public or private telecommunications networks); and
(F) the acts, decrees, legislation, regulations or restrictions of any government.
(iv) GST has the same meaning as the definition of this term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(v) Organisation means the organisation that completes and registration and/or purchases an event ticket to be used by a Delegate.
(vi) Registration Fee means the amount payable by you for your registration of the Delegate(s). The Registration Fee includes any GST payable on your order and any discounts applicable to your order pursuant to clauses 3.2 and/or clause 3.3 as at the date of your actual payment.
(vii) Venue means the premises, venue or location of an event.
(viii) Venue Operator means the owner, tenant or person, business or corporation that otherwise has exclusive possession of a Venue.
(ix) ‘us’, ‘we’, ‘our’ and ‘B2B’ means B2B Marketing Leaders Forum Pty Ltd (ABN 79 634 223 635).
(x) ‘you’ and ‘your’ means the individual using our website.
(b) In these Terms:
(i) headings and subheadings are for convenience only and do not affect interpretation;
(ii) a reference to parties is a reference to either:
A. you and us; and/or
B. the Organisation and us,
as the context permits.
(iii) the word ‘person’ includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government agency;
(iv) any promise, agreement, representation or warranty given or entered into on the part of two or more persons binds them jointly and each of them severally;
(v) any promise, agreement, representation or warranty given or entered into on the part of two or more persons is for the benefit of them jointly and each of them severally;
(vi) no provision of these Terms will be construed adversely to a party because that party was responsible for the preparation of that provision or these Terms;
(vii) a reference to time or a day is a reference to time in Sydney, New South Wales;
(viii) a reference to an amount of dollars, Australian dollars, $ or A$ is a reference to the lawful currency of the Commonwealth of Australia, unless the amount is specifically denominated in another currency;
(ix) a reference to writing or written includes email;
(x) where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
(i) words in the singular include the plural and vice versa;
(ii) if a word or phrase is defined its other grammatical forms have corresponding meanings;
(iii) any obligation on any person not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
(iv) any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or by-law made under that enactment;
(v) ‘includes’ means includes without limitation; and
(vi) an obligation to use reasonable endeavours does not require a party to incur a commercial detriment or payment obligation.
2.1 For purchases
We do not sell products or services to individuals. We only sell products and services to organisations, who may appoint Delegates to attend the event on their behalf as their representative. You must only make a purchase as an authorised representative of the Organisation. By completing a registration for an event ticket via our website, you are representing to us that you are doing so as the authorised representative of that Organisation and we hereby rely on that representation.
2.2 For use of our website generally
By using our website, you represent that you are at least 18 years old and possess the legal right and ability to enter into a legally binding agreement with us. If you do not meet the requirements of this subclause in full, you must immediately cease using this website and must not make a purchase.
(a) Our promotion of any event or other service on our website or otherwise does not constitute a legally binding offer, but rather, an invitation to apply for that offer that is subject to availability and other variables. Publishing information about the event and any other service on our website does not guarantee its available and price – any published information is subject to change without notice at our sole discretion.
(b) The Organisation may offer to purchase registrations for use by Delegates by completing a registration for that event, which can be done either:
(i) via our website; or
(ii) in person at the Venue on the day of the event,
(c) By completing a registration, the purchaser is offering to purchase from us on the terms and conditions set out in these Terms and any other agreement between us. We may accept or reject that offer at our sole discretion. If we accept this offer, we will issue an order confirmation to the Organisation’s nominated email address.
(d) It is the Organisation’s responsibility to review a booking confirmation upon receipt to ensure all details are accurate and promptly inform us of any errors or if any changes are required. If the booking details do not match the Delegate’s details, they may not be provided with a Delegate Pass until after the error is corrected – see clause 9.1. If changes are required, additional fees may be payable – see clause 7.2(b).
(e) If the Organisation chooses to complete a registration in person at the Venue on the day of the event, the Organisation must pay an additional registration fee of A$200 plus GST per Delegate – this fee will be added to your Registration Fee.
4 PRICING AND PAYMENT
(a) All amounts quoted on the website are in Australian Dollars and exclude GST.
(b) The Registration Fee is payable in full – the Organisation may elect to make this payment via the website at the time of completing the registration, or alternatively within 7 days of the date we issue a tax invoice for the registration.
(c) The Organisation is solely responsible for paying any fees associated with payment of the Registration Fee, including credit card fees and currency conversion fees.
(d) In the event the Organisation fails to pay the Registration Fee when due in cleared funds, we may at our discretion and without limitation to any of its other rights:
(i) revoke the Delegate(s) registrations; or
(ii) not revoke the registration, and instead charge the Organisation interest on the overdue amount at the rate of 12% per annum accruing daily until the date of actual payment.
4.2 Early bird pricing
(a) We may offer early bird discount(s) on the standard fee for a registration.
(b) Any early bird pricing discount offered on our website is subject to:
(i) the registration being completed; and
(ii) the Registration Fee being paid in full by the payment due date (see clause 4.1),
before the expiry of the early bird pricing time period specified for this offer.
(c) If a registration does not meet all the requirements listed at clause 4.2(b), the Organisation will not be entitled to the early bird pricing offer. In these circumstances, if the registration has been completed, the Organisation must instead pay the standard fee for the registration that applies as at the date of the Organisation’s actual payment.
4.3 Group Booking Discount
(a) We may offer a group booking discount on the standard fee for a registration.
(b) Any group booking discount offered on our website is subject to:
(i) the correct number of Delegates being registered at the same time, in a single registration; and
(ii) the Registration Fee being paid in full in a single payment by the payment due date (see clause 4.1).
(c) If a registration does not meet all the requirements listed at clause 4.3(b), the Organisation will not be entitled to a group booking discount. In these circumstances, if the registration has been completed, the Organisation must instead pay the standard fee for each Delegate as if a single registration was completed per Delegate.
5 REGISTRATION RESTRICTIONS
5.1 Registrations are not transferrable
If a person registered to attend an event can no longer attend, the Organisation may send another person in their place subject to:
(b) the Organisation meeting its disclosure requirements under these Terms in relation to that new Delegate; and
(c) providing us with full details of the new Delegate as soon as practicable and prior to the event date.
5.2 Registrations cannot be resold
Registrations must not be resold or used for advertising, promotion or other commercial purposes without our prior written consent. If a registration is sold or used in breach of this condition, the bearer of the registration will be refused admission to the event and Venue, and we may take further legal action against any parties that have breached this condition.
6 CANCELLATION POLICY
6.1 Requests for cancellations during cooling off period
Once a registration is completed, a cooling off period will apply. The cooling off period commences from the date of registration and ends at 11.59pm AEST on the date that is 7 days after the date of registration.
The Organisation may request to cancel a registration by sending an email titled “Cancellation Request” to firstname.lastname@example.org during the cooling off period.
A cancellation request is only deemed to have been received once we confirm to the sender that we have received it. If you or the Organisation are unsure whether the cancellation request email has been received, please contact us using the contact details published on our website.
If we receive a cancellation request before the expiry of the cooling off period we will refund the Registration Fee less an administration fee of A$220 plus GST per Delegate listed in that registration.
6.2 Requests for cancellations after cooling off period
No refunds are payable for any cancellations requested after the cooling off period has expired. The purchase price for the registration will remain due and payable in full and as described in clause 3.
6.3 Cancellations by us – for any reason other than Force Majeure
(a) If we cancel an event, we shall refund the Registration Fee paid in relation to that event to the bank account, credit card or debit card used to make the original payment. Alternatively, the Organisation can request that we exchange a registration to another scheduled event, subject to availability.
(b) Please note that this clause does not apply when an event is changed – including where an event date, time, location or program is changed. In these circumstances, clause 7.1 applies.
(c) Please note that this clause does not apply when an event is cancelled due to Force Majeure – in these circumstances clause 10.2 applies.
7 CHANGES TO YOUR BOOKING
7.1 Changes to event – for any reason other than Force Majeure
(a) It may be necessary or otherwise appropriate to make changes to an event. Where possible and reasonably practicable, we will inform you of a change in writing prior to the event by sending an email to the Organisation’s nominated email address. It However, we recommend that the Organisation and its Delegates visit our website before attending the event for the most up-to-date program.
(b) We reserve the right to:
(i) vary an event program – including changes to conference timeslot scheduling and adding, withdrawing or substituting presenters, sponsors, conference speakers and artists; or
(ii) relocate an event to another location in the same city as the original venue,
and no refunds, exchanges or other compensation will be provided in such circumstances.
(c) We also reserve the right to reschedule an event to another date. In these circumstances, we will send [each Delegate ] a written notification of this change as soon as practicable. If this change results in a Delegate being unable to attend the event, the Organisation may either:
(i) arrange for another member of your organisation to attend instead – in these circumstances it must send us a written request to email@example.com to do with full details of the replacement Delegate as soon as practicable and no later than 7 days prior to the event date – we will then update the registration details at no additional charge; or
(ii) request a credit in the amount of the Registration Fee as soon as practicable and no later than 7 days prior to the event date, by sending a written request to firstname.lastname@example.org.
(d) A written request is only deemed to have been received by us once we confirm that we have received it. If the Organisation is unsure whether its request has been received, please contact us using the contact details published on our website.
(e) Please note that this clause does not apply when an event is changed due to Force Majeure – in these circumstances clause 10.2 applies.
7.2 Changes due to registration error
(a) While we take all reasonable care to ensure that registrations are correctly priced and only available for sale when intended, sometimes errors may occur. We may cancel an order made as a result of any such error, although in the case of a pricing error we will endeavour to contact the Organisation and offer the Organisation the option of purchasing the registration at the correct price. If a registration is cancelled by us due to an error, we will refund the amount of the Registration Fee paid.
(b) If we are required to reprocess a ticket transaction as a result of an error by you, the Organisation, or a Delegate, we may charge the Organisation an administration fee in the amount of A$220 plus GST per Delegate.
8 UNAUTHORISED MARKETING AND ADVERTISEMENT
The Organisation and its Delegates must not distribute marketing or advertising materials, or otherwise engage in any marketing or advertising activities, at the event without our prior written consent. If the Organisation or any Delegate engages in such behaviour, that Delegate and any other Delegate listed in the same registration may be directed to immediately leave the event and their Delegate Pass(es) and registration will be immediately voided. We reserve our rights to take any further legal action against any parties that have engaged in this activity that we consider appropriate.
9 ATTENDING THE EVENT
9.1 Delegate Pass
(a) Each Delegate will be allocated a Delegate Pass for use during the event, which shall be provided to the Delegate on entry to the event.
(b) Your Delegate may use their Delegate Pass to enter and exit the event space within the Venue, enter event sessions, and interact with event partners and sponsors.
9.2 Organisation’s general responsibilities in relation to Delegates
(a) The Organisation is solely responsible for ensuring that each Delegate reviews and agrees to act in accordance with these Terms before they attend an event. By entering into these Terms, the Organisation agrees to act in accordance with and be legally bound by these terms on behalf of each Delegate as their authorised representative.
(b) The Organisation is required to provide us with personal information of Delegates when completing a registration in relation to each Delegate’s event ticket. We will then use this personal information to process the registration, issue the ticket and for the other purposes described in our Privacy Polic y. The Organisation must, and is solely responsible for, obtaining that Delegate’s prior consent to its disclosure of their personal information to us for these purposes.
(c) If the Organisation wishes for a Delegate to attend an event that requires them to engage in international travel, the Organisation is solely responsible for ensuring that the Delegate has a current passport, visa and any other precondition to travelling to the location of the event. The Organisation hereby irrevocably releases us from any and all expenses, fines, penalties, costs, liabilities, damages or losses incurred as a result of a Delegate being unable to attend an event for such reasons.
(d) By completing a registration for a Delegate, you/the Organisation are representing to us that you have complied in full with this clause and we hereby rely on that representation.
9.3 Delegate’s general responsibilities
(a) While attending the event or at the Venue, a Delegate must not do anything that would amount to a breach of these Terms or that affects the safety, enjoyment and wellbeing of other persons at the Venue.
(b) The Organisation hereby acknowledges and agrees that we may ask a Delegate to leave an event immediately if we determine that the Delegate is acting in breach of these Terms including where the Delegate is heavily intoxicated, under the influence of illegal drugs or has engaged in illegal, abusive, dangerous or otherwise inappropriate behaviour including but not limited to physical and verbal abuse, derogatory or discriminatory language or behaviour or any type of harassment, racism and sexism. In these circumstances, that Delegate’s Delegate Pass and registration shall be immediately void and no refund or other compensation will be payable.
The Organisation acknowledges and agrees that:
(a) we do not have exclusive possession of the Venue;
(b) the Delegates must follow the directions of the Venue Operator, us and any event staff while attending the Venue;
(c) Delegates may be required to use public areas to move between Venues or sections of a Venue – we do not have any control over these public areas and a Delegate’s access and use of such areas is at their own risk;
(d) we reserve the right to refuse or deny entry into, or remove or evict from, a Venue in the event that:
(i) a Delegate acts in breach of these Terms;
(ii) the Venue Operator directs us to do so; or
(iii) in any other circumstances where it is reasonable to do so,
and you shall be entitled to no credit or refund of the event ticket registered to that Delegate in any circumstance; and
(e) bags and other personal items may be searched at the entry to the Venue to check for any prohibited items, including glass, alcohol, weapons, umbrellas, selfie sticks, video cameras (including GoPros), and drones. Delegates may be required to submit to a search of their belongings and person for prohibited items before entering a Venue. If a Delegate refuses, they may not be permitted to enter the Venue and you shall be entitled to no credit or refund of the event ticket registered to that Delegate in any circumstance.
9.5 Costs associated with event attendance
An event ticket is for a Delegate’s general admission to the event only. We do not provide any meals or refreshments to Delegates as part of their general admission, unless otherwise stated on our website. We do not, in any circumstance, arrange or pay for any other costs associated with a Delegate’s attendance at an event including travel and accommodation costs.
10 LIMITATIONS OF LIABILITY – EVENTS
(a) Entry to the Venue is at the Delegate’s own risk. We (and our employees, contractors and agents) shall not be liable for any loss, cost, expense, injury, claim or damages suffered or sustained by any Delegate at the Venue or any event to the maximum extent permitted by law.
(b) To the maximum extent permitted by law:
(i) the Organisation waives all legal rights of action against and fully release us and our agents, employees and volunteers for all claims for compensation for loss, damage, injury or death howsoever arising out of or in relation to a Delegate’s entry to and presence at any Venue and their attendance at any event; and
(ii) we shall not be liable for any indirect or consequential loss, cost, damage, liability or expense whatsoever.
(c) In relation to any responsibility or liability which cannot be excluded by law or despite the limitations above, if we are found liable for any loss, damage, cost, liability or expense, then to the maximum extent permitted by law our liability will not exceed, in the aggregate, the greater of:
(i) the Registration Fee paid in relation to the event; or
(ii) A$100 plus GST.
10.2 Force Majeure
(a) We do not accept any liability for any failure to perform or delay in performing our obligations, or where any party to these Terms otherwise suffers any damage or loss, as a result of a Force Majeure.
(b) For the avoidance of doubt, no refunds are payable in circumstances where an event is cancelled, changed or otherwise adversely affected by a Force Majeure.
The following additional terms apply to your use of our website generally. These terms apply even when you do not complete a registration.
11.1 Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, reports and features contained in it. However, we do not undertake to keep the website updated and we are not liable to you or anyone else if errors occur or if the website (including anything contained in the website) is inaccurate, not up-to-date, or incomplete.
11.2 Linked sites
Our website may contain links to reports, products, services and/or websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse, approve or warrant and are not responsible for or have any control over or rights in the content on those linked websites and/or website and have no control over or rights in those linked websites. We hereby disclaim all liability regarding any such reports, products, services or websites.
11.3 Intellectual property rights
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled will remain our sole property and that nothing in these Terms transfers any ownership in our intellectual property rights to you. You must not use our intellectual property without our prior written consent.
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all reports, publications, tools, text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website does not grant or transfer any rights, title or interest to you in relation to this website or the Content. We only grant you permission to access the website and view the Content on these Terms. All other use, reproduction or redistribution of the whole or any part of this website and any Content is prohibited to the maximum extent permitted by law and may result in you incurring civil and criminal penalties.
11.4 Website disclaimer
This website is for your general information only and should be viewed as current only at the time of first publication. This website does not take into account your particular circumstances and is not intended to be comprehensive. It is your responsibility to carefully consider the Content to determine whether the content is applicable to and appropriate for your individual circumstances.
Your use or reliance on anything in this website including the Content is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by your use of the website including any Content.
We cannot (and do not) make any warranty or guarantee that: any content will be complete, accurate, up-to-date, or suitable for your purposes; your access to the website will be uninterrupted; and/or, that the website or any Content will be error-free, virus free or functional at all or any given time. We expressly exclude, and you hereby irrevocably release us from, any liability for any loss or damage arising from use of this website and any Content, to the fullest extent permitted by law.
11.5 No commercial use
This website is for your personal, non-commercial use only. You must not use this website to further any commercial purpose in any circumstance. For the avoidance of doubt and without limiting any of the Terms, you must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website.
By using this website, you warrant and represent that you will not:
(a) use this website in a way that breaches the Terms or any laws, or infringes any rights of us or any third parties, including any action that would constitute a breach of the privacy rights of an individual under the Australian Privacy Laws, GDPR and any other applicable privacy laws;
(b) interfere with anyone else’s use of this website, including sending spam;
(c) copy, scrape or reproduce content from this website including the Content and information about third parties without consent;
(d) use any means of automatically searching or mining data from the website or in any way interfere or attempt to interfere with the proper operation of the website; and
(e) take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the website, our systems or data or those of any third party via the website.
In consideration of the circumstances, and where we think it is reasonable to do so, we may take steps to prevent your access to this website and reserve the right to take any appropriate steps at law to protect our interests or those of third parties.
11.7 Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
(a) any act that would constitute a breach of the privacy rights of an individual (including uploading private or personal information without an individual’s consent) or any other of the legal rights of an individual;
(b) using this website to defame or libel us, our employees or other individuals;
(c) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
(d) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
We reserve the right to restrict, suspend or terminate your access to any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, we make no warranties or representations about this website, including but not limited to warranties or representations that: the website or any Content will be complete, accurate or up-to-date; that access to the website or any Content will be uninterrupted or error-free or free from viruses; or that this website or any Content will be secure. Nothing in these Terms purports to modify or exclude the conditions, warranties, and other legal rights under the Australian Consumer Law.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, cost, damage or liability – irrespective of the manner in which it occurs – which may be suffered due to your use of our website or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it including the Content are incorrect, incomplete or not up-to-date. By using this website, you agree to irrevocably release us from any such claims.
For the avoidance of doubt and without limiting these Terms, we specifically exclude all liability to you or anyone else for any loss or damage caused by interference with or damage to your computer systems in connection with the use of this website, or a linked website. You must take your own precautions to ensure that your device remains free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your devices.
13 GENERAL TERMS
13.1 Entire agreement
These Terms constitute the entire agreement between you and us as to the subject matter of this agreement and supersede all previous negotiations, understandings, representations, warranties, memoranda or commitments.
13.2 No assignment
You must not assign, transfer or novate these Terms or any rights or obligations under these Terms without our prior written consent.
13.3 No waiver
You may not rely on our words or conduct as a waiver of any right unless that waiver is in writing and signed by us.
13.4 Dispute resolution
(a) Should you have any concerns, or wish to make a complaint, you can contact us about your complaint at email@example.com. Please include your name, email address and/or telephone number and clearly describe your complaint.
(b) We and you must then act in good faith and take all reasonable steps to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. By entering into these Terms, you agree to not commence legal proceedings in relation to your concern or complaint for 30 days, to give the parties sufficient time to follow the dispute resolution mechanism under this clause.
(c) If the parties are not able to reach a resolution within 30 days despite full compliance with this clause, either party may then commence court or tribunal proceedings in relation to the dispute.
(d) This clause does not prevent either party from seeking interlocutory relief.
To the extent that any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. In the event this is not possible, the clause (or where possible, the offending part) is to be severed from this these Terms without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses as the case may be) which will continue in full force and effect.
13.6 Jurisdiction and governing law
Your use of this website, and these Terms, will be governed and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.