1.          Definitions

1.1        Event means the event described on the Event Website.

1.2        Event Website means the website containing the event description, program, participation information and where you are able to apply for the event.

2.          Terms

2.1        By submitting an application, and if registered, by participating in the Event, you agree that these Agreed Terms, the terms of the Event Website, Event Code of Conduct and Tourism Australia’s Privacy Policy form the terms of participation for the Event (Terms) and govern your application to, and participation in, the Event.

3.          Organisation representation

3.1        All references to “TA”, “us” or “we” means Tourism Australia, ABN 99 657 548 712 and all references to “you” or “your” in these Terms means the organisation that is registering for participation in the Event, and all rights conferred and obligations imposed on you in these Terms are deemed to have been accepted by and imposed on the organisation and its employees, agents and contractors. Any breach of these Terms by you, or any of your employees, contractors, licensees or invitees of your organisation constitutes a breach of these Terms by the organisation.

4.          Eligibility criteria

4.1        To be eligible to attend you must meet the selection criteria set out on the Event Website (if any) and your nominated representative must:

(a)        be least 18 years of age as at the date the application is submitted;

(b)        have a proficient level of written and spoken English; and

(c)         be employed or contracted by you, and continue to be employed by you throughout the duration of the Event, in a full-time capacity. TA reserves the right to ask any delegate to provide evidence they are directly employed by the company. Where it is identified that a nominated representative is not a direct employee of the exhibiting company prior to the Event, the delegate will be cancelled from the company’s application.

4.2        You must not be insolvent, and must be in good financial standing with the Australian tourism industry. Should the need arise to verify your financial standing, a due diligence review will be conducted via domestic or international agencies as appropriate, and adverse findings will be referred to the applicant for comment.

5.          Application Process

5.1        To apply to attend, you must follow the application process set out on the Event Website, this may include completing your application by the nominated deadline and providing requisite supporting documentation (Application Process).

5.2        You acknowledge and agree TA may:

(a)        determine, in its sole discretion, whether you or your nominated representative will be accepted to attend the Event;

(b)        impose any conditions of participation on your participation that TA sees fit; and/or

(c)         reject any application with or without cause. You forever waive and discharge any claim against Tourism Australia (including its agents, employees or representatives) for any direct or indirect loss or damages that may arise as a result of the rejection of your application.

5.3        TA will notify all accepted applicants who are eligible to register for the Event.

6.          Registration and payment

6.1        In order to be registered for the Event, each delegate must register and pay a participation fee (if identified on the Event Website), by the deadline set out on the Event Website.

6.2        Where a participation fee applies, payment by credit card is required to secure the registration. All payments must be paid in full, TA does not accept split payments. 

6.3        Credit card merchant fees will be absorbed by TA.

6.4        Please refer to the Event Website to note the items covered as part of your registration

6.5        All costs for a company’s participation in a trade event coordinated by Tourism Australia, and any other overdue accounts with TA globally, must be paid in full prior to you being able to register for the Event.

7.          Your obligations

7.1        Insurance: You are solely responsible for arranging your own travel and other insurances.

7.2        COVID-19: You agree to:

(a)        adhere to the relevant government health and work safety advice, including isolating if you are unwell or presenting symptoms such as fever, cough, sore throat, and/or shortness of breath;

(b)        adhere to TA's and the operators' health and safety guidelines based on best practice and relevant government health and work safety advice; and

(c)         undertake to sign and agree to documents or forms in relation to COVID-19 issued by TA and/or the Event venue/organiser.

7.3        Travel documents: If you do not live in Australia, you are responsible for arranging the relevant travel documentation for your visit to Australia. TA recommends that you follow the relevant guidance of the Department of Immigration and Border Protection on its website and/or through your local embassy or consulate, and/or that you seek the assistance of a registered migration agent.

7.4        Travel Costs: You are responsible for any costs incurred in relation to travel, including regarding government ordered quarantine.

7.5        Virtual event access: If there is a virtual event platform used as part of the Event, you must not share publicly or privately any passwords, links, or other access details which would allow entry on to the virtual event platform. Any passwords, links, or other access details in relation to the Event are strictly confidential.

7.6        Security: If the Event is physical, valuables should not be left unattended or unsecured at any time. If there is a virtual event platform used as part of the Event, internet and information systems security services will not be provided and all participants must take their own security precautions. TA accepts no responsibility for any loss or damage suffered by participants or visitors.

7.7        You warrant that you:

(a)        will at all times comply with all applicable laws and obey the reasonable directions and requirements of TA, the STOs/CVBs, Event organisers and any other third party as directed by TA;

(b)        will not be involved in any conduct or make any statement either orally or in writing which in the reasonable opinion of TA, is likely to cause detriment, disrepute, damage, injury or loss to TA or other Event participants, including without limitation displaying any inappropriate behaviour, harassment, violence, racial vilification, intoxication, downloading illegal or offensive material using internet services provided during the Event, or any other act or behaviour which interferes with the enjoyment, comfort or safety of other persons;

(c)         will conduct yourself in a responsible and professional manner at all times in accordance with TA’s Code of Conduct; and

(d)        have full power and authority to agree to the Terms and observe the obligations hereunder, and that the acceptance, delivery and performance of these Terms has been duly and validly authorised by all necessary corporate action.

8.          Cancellation

8.1        If, after registration, you are no longer able to attend the Event, you must as soon as practicable advise TA in writing. You may be subject to a cancellation fee (these apply regardless if the participation fee has been paid), see Event Website for information on applicable cancellation fees and dates.

8.2        TA reserves the right to:

(a)        cancel the participation of an organisation that has an outstanding account with TA, the payment of which has not been cleared 60 working days prior to the commencement of the Event. You acknowledge that if this should occur, you have no right of action, claim, proceeding or demand against TA for such cancellation;

(b)        cancel the participation of such an organisation despite the fact that TA may have accepted a participation fee; and

(c)         apply cancellation fees as per the dates listed on the Event website, which are enforceable at the time you complete the Application Process.

8.3        TA may at any time and at its discretion reduce the scope of, postpone or cancel the Event or parts of the program. Should this occur, TA will provide as much notice as possible. In this event, you agree to discharge TA of any liability from any claim arising out of or in connection to the cancellation of the Event.

9.          Use of your image

9.1        You acknowledge and agree that TA, its agents or other Event participants may take photos or recordings of you throughout your participation in the Event, and that TA, its partners and affiliates may use the photos or recordings for future promotional and marketing purposes without further reference, or compensation, to you. Your image will also be archived with TA and may be used by TA and sponsors for the promotion of future Events.

10.      Privacy

10.1     TA may provide you with information relating to other participants of the Event solely for your information and you agree to keep all such information strictly confidential and in accordance with TA’s Privacy Policy. Such details may not be shared with any third party.

10.2     You consent to TA collecting and storing your personal information including all of the information contained in the registration form, for the purposes of:

(a)        administering and managing the Event, including that TA will share your information with all relevant STO’s, suppliers and third parties involved in the delivery of the Event;

(b)        distributing your information to other Event participants and sponsors; and

(c)         sharing with other Australian organisations with a similar purpose to TA (such as state and territory tourism authorities) who are also involved in the Event.

10.3     TA may also use your personal information to contact you in the future for purposes relating to the Event or to promote future events.

10.4     All personal information collected by TA will be handled by TA in accordance with its Privacy Policy. You acknowledge that if you do not or are unable to provide some or all of the personal information required by TA, TA may not be able to register you for participation in the Event.

11.      Code of Conduct

11.1     You are responsible for all delegates representing your organisation at the Event.

11.2     TA may, in its sole discretion, refuse a delegate entry into, or remove a delegate from, any the Event (official, unofficial or related events) and prohibit them and/or their organisation from participating in the remainder of the Event (and/or future Events) without compensation, if TA considers, acting reasonably, that the delegate is acting in a contravention of TA’s Code of Conduct – for example, acting in such a way that:

(a)        interferes with the enjoyment, comfort or safety of other persons at the Event(s); and/or

(b)        threatens the reputation of TA or the Event.

12.      Health and Safety

12.1     Occupational and workplace health and safety is each participant’s individual responsibility at the Event.

12.2     To the extent permitted by law, TA will not be held liable for any direct, indirect or consequential loss suffered as a result of a breach of the Work Health and Safety Act 2011 (Cth), Work Health and Safety Regulations 2011, and any other applicable occupational laws and regulations, and companies and individual participants acknowledge their responsibilities and liabilities imposed upon them under this legislation.

13.      Indemnity and release

To the extent permitted by law:

(a)        you indemnify and hold harmless TA (including its directors, employees, agents, representatives and contractors) (together, the indemnified) from and against any judgment, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, or otherwise (Loss) that may be brought or made against the indemnified by any person in respect of any Loss arising out of, or in connection with, your participation in the Event, except to the extent such Loss was caused by the negligent or unlawful act or omission of TA;

(b)        you waive, release and discharge the Indemnifies from and any all liability (including without limitation for death, personal injury, property damage, property theft or actions of any kind) that may be suffered by you, arising out of, or in connection with, your participation in the Event, except to the extent such Loss was caused by the negligent or unlawful act or omission of TA;

(c)         TA and its STO partners, will not be liable to you for any direct, indirect or consequential Loss, loss of income, profits, revenue or business, loss of or damage to goodwill, loss of business reputation, loss of data, loss of access to markets, loss of production, loss or denial of business opportunity, loss of anticipated savings, business interruption, or damage to credit rating, howsoever arising out your participation in the Event, including in relation to legal, regulatory, and third-party requirements, such as for example, in connection with border closures, quarantine, COVID-19 testing, personal protective equipment (e.g. face masks), and other COVID-19 related events, unless expressly stated otherwise by TA; and

(d)        TA’s maximum aggregate liability to you arising out of or in relation to the Event shall in no circumstances exceed an amount equal to the participation fee (if any).

14.      Miscellaneous

14.1     Transfer: You acknowledge that no part of the Event is transferable to any other person, and cannot be redeemed or exchanged in any manner.

14.2     Representation: An Event delegate can only represent the company that has registered to attend the event in their own right. This excludes Product Representation Companies whose nature of business is to represent more than one company.

14.3     Force majeure: TA may, in the case of a Force Majeure Event, and with as much notice as possible, cancel or postpone the Event without liability, except to issue a refund to you in line with clause 8 (Cancellation) above. Force Majeure Event means:

(a)        an act of God, fire, lightening, earthquake, explosions, flood, subsidence or other natural disaster, insurrection or civil disorder or military operations or act of terrorism, expropriation, strikes, lock outs or other industrial disputes of any kind not relating solely to the party affected, an unforeseen act of government or entry and exit restrictions, epidemics, pandemics, quarantine, disease outbreak, currency restriction, embargo, public utility or common carrier or computer disruption due to the effects of a virus or other malicious code introduced other than through the acts or omissions of the party seeking relief; and

(b)        any other event which is not within the reasonable control of the party affected (which in the case of the agreement includes the reasonable control of its subcontractors), but does not include any act or omission of a party or a change in law, legislation or government policy which from time to time regulates or affects the event which has an increased cost effect on the delivery of the event.

14.4     Removal and exclusion: TA reserves the right to remove you from the Event and/or exclude your participation in the Event and any future events, without compensation to you, if in its sole discretion:

(a)        your behaviour is or becomes inappropriate, offensive or abusive;

(b)        it is necessary to prevent damage to any property; or

(c)         it is necessary on medical or health and safety grounds (including possible harm or injury to any person).

14.5     Applicable law: These Terms are subject to the laws of New South Wales, Australia and the parties agree to submit to the non-exclusive jurisdiction of those courts.

14.6     Waiver: A failure by us to exercise a right or remedy under these Terms does not amount to a waiver of those rights and remedies and any such waiver must be expressly set out in writing.

14.7     Binding nature: If any provision of these Terms are held to be illegal, invalid or otherwise unenforceable, the remainder of these Terms will not be affected and these Terms will be read as if the part had been deleted in the relevant jurisdiction only.

14.8     Entire agreement: These Terms constitute the entire agreement between the parties relating to the subject matter set out herein and supersedes all prior discussions and communications.