(A) TERMS AND CONDITIONS
These terms and conditions (the “Terms”) govern Online Presence Pty Ltd (Online Presence) and each delegate (Delegate) that has either (1) purchased a ticket to attend the Online Presence Conference (Event) to be held on on dates and at venues promoted online at www.onlinepresence.net.au and in other media; or (2) has been invited by Online Presence Pty Ltd to attend the Event. Please read the Terms carefully as they contain important information. The Delegate acknowledges that they have read and agree to be bound to these Terms upon (1) submitting their registration to Online Presence Pty Ltd (whether hardcopy or electronic); or (2) attending the Event if they are not required to submit a registration form.
1.1 All registrations are subject to acceptance by Online Presence which will be confirmed in writing (including but not limited to email) after Online Presence has received the fully completed registration form, the related payment (if required) (Fee) and any required supporting documents. Online Presence reserves the right to refuse to accept any registration (in its absolute discretion).
1.2 Online Presence may also invite Delegates in writing (including but not limited to e-mail) to attend the Event without the need for these Delegates to provide a registration form and / or make any payment. These Delegates must provide their confirmation to Online Presence within the time specified in the invite (if any) in order for Online Presence to register them for the Event.
1.3 Prices for the Event are correct at the time of publication. Online Presence reserves the right to change the prices at any time but changes will not affect registrations which have already been confirmed by Online Presence.
2. Cancellation – Delegates
2.1 Notification of cancellation must be made in writing (Notification) and sent to Online Presence by mail to the attention of Rhonda Fiorentino at Suite 1A, 18 Gibberd Road Balcatta 6021 or e-mail to firstname.lastname@example.org. The notification must include all relevant information regarding the bank account to which a possible refund may be remitted.
2.2 If the Notification is received by Online Presence 14 days prior to the advertsied event date (Final Cancellation Date), Online Presence will provide the Delegate with a refund minus a $100.00 administration fee. No refunds will be made for cancellations received after the Final Cancellation Date.
2.3 If an attendee is no longer able to attend they can transfer their registration to another delegate through an email to email@example.com.
3. Modification / Postponement / Cancellation of the Event
3.1 Online Presence reserves the right at any time to:
(a) change the format, participants, content, location and timing or any other aspect of the Event;
(b) postpone the Event;
(c) cancel the Event, and
will not be liable to the Delegate for any damages, costs, losses or expenses of any kind incurred or suffered by the Delegate as a result of or in relation to Online Presence modifying, postponing or cancelling the Event in accordance with this Clause 3.1.
3.2 If the Event is cancelled or postponed:
(a) for reasons that are beyond the control of Online Presence, Online Presence may retain the Fee and will not be required to make any refund of the Fee to the Delegate;
(b) for reasons other than as set out in Clause 3.2(a), Online Presence will refund the Fee minus any reasonable administration costs (as determined by Online Presence) to the Delegate.
4. Delegate’s rights and obligations at the Event
4.1 Online Presence reserves the right, without any liability, to refuse admission to, or to eject from the Event, the Delegate in its absolute discretion, including (without limitation), for failure to comply with these Terms; or if the in opinion of Online Presence the Delegate represents a security risk, nuisance or annoyance to the running of the Event.
4.2 The Delegate agrees to comply with all reasonable instructions issued by Online Presence or the Venue operators at the Event.
4.3 All unauthorised photography and the recording or transmitting of audio or visual material, data or information is expressly prohibited at the Event and/or in the Venue.
4.4 The Delegate acknowledges that they may be filmed, sound recorded and/or photographed at the Event and by these Terms, give Online Presence a worldwide, irrevocable, perpetual and royalty-free licence to use, for any purpose and in any way, any such recording or photography.
5. Limitations of Liability and Indemnity
5.1 Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply warranties or conditions or impose obligations and guarantees on Online Presence (“Implied Terms”). If any such provisions apply, to the extent permitted by law Online Presence's liability and the Delegate’s sole remedy will be limited to the refund of the Fee paid to Online Presence. Subject to such provisions, all representations, conditions and warranties of any nature are expressly excluded.
5.2 Subject to any Implied Terms and to the maximum extent permitted by applicable law, Online Presence, its employees, agents and contractors will not be liable for personal injury or death, property damage, or any other loss (including without limitation, liability for negligence, breach of these Terms or any other agreement), damage, cost or expense (including, without limitation, loss of profits, business interruption, loss of information, indirect, special, punitive or consequential loss or damage) arising out of or in connection with the Event.
5.3 The Delegate agrees to fully indemnify and hold Online Presence, its employees, agents, contractors and sub-contractors (Representatives) harmless from any claim, cost, demand, liability or damage (including legal costs, professional costs and other expenses on a full indemnity basis) incurred by Online Presence and/or its Representatives arising out of or in connection with the Event, including but not limited to (1) a breach of these Terms; (2) the Delegate’s use of the Venue; (3) any damage to the Venue or any goods located at the Venue; or (4) the infringement of any intellectual property or other right of any third party (including the Venue).
6.1 Online Presence reserves the right to amend these Terms from time to time and the Delegate will be subject to the Terms in force at the time the Delegate submits their registration.
6.2 The failure, delay, relaxation or indulgence on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right or remedy.
6.3 If any provision of these Terms is invalid or not enforceable by a court of competent jurisdiction, it is to be read down and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms.
6.4 These Terms are governed by and are to be construed in accordance with the laws in force in each State of Australia where the event is held. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State in which the event is held and waives any right to object to proceedings being brought in those courts.
6.5 Minimum requirements must be achieved for all prizes and draws. Entry into competitions is not valid with any other offer.
Privacy Collection Statement
Online Presence is committed to protecting the privacy and security of your personal information. The personal information you provide may be used by Online Presence to process your registration form for the Online Presence Conferences. Online Presence may disclose your personal information to third party providers to whom Online Presence has contracted out functions such as mailing houses. The information provided may be used in a list of participants to all speakers presenting at the conference. This information may include name, address, phone, fax and email address. Should you not wish to be included please notify Online Presence in writing to firstname.lastname@example.org and we will ensure you are not included in the participants list that is forwarded to presenters. Your personal information may be stored on overseas servers. Online Presence processes payments for events using online technologies. All transactions processed by Online Presence meet industry security standards to ensure your details and payments are protected.