Terms and conditions
Terms and conditions
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Delegate terms and conditions
You acknowledge and agree that these Terms apply to all Events whether delivered online, in-person, a combination of in-person and online or any other format.
You acknowledge that You have read and agree to be bound by these Terms upon: (1) submitting Your registration to AusIMM (whether hardcopy or electronic) for the Event; or (2) attending the Event if You are not required to submit a registration to AusIMM.
1.1 Your registration is subject to acceptance by AusIMM, confirmed in writing (including, but not limited, to email) (in Writing) after AusIMM has received Your fully completed registration and the fee (if required) related to Your registration (Fee). AusIMM accepts VISA, MasterCard and AMEX credit cards. AusIMM may not be able to accept Your registration if You have provided incomplete details in Your registration form or failed to pay the Fee, or otherwise as necessary to protect AusIMM’s legitimate business interests.
1.2 AusIMM will endeavour to confirm Your registration in Writing within two (2) business days of receipt of Your fully completed registration and Fee.
1.3 If You do not choose to register online, Your credit card payment must accompany Your registration form in order for it to be processed and confirmed. AusIMM is not able to process registrations until payment has been received.
1.4 If AusIMM has invited You in Writing to attend the Event without the need to register for the Event and/or make any payment, You must provide Your confirmation of attendance to AusIMM within the time specified in the invitation (if any).
1.5 AusIMM reserves the right to change the Fee at any time, which shall not affect registrations confirmed in Writing by AusIMM before the announcement of such a change.
1.6 Once You have received Your confirmation in Writing from AusIMM, please check Your confirmation and inform AusIMM immediately in writing of any alterations required to Your registration.
1.7 To ensure that Your Event materials and catering requirements are able to be provided at the Event, please register by 5:00pm two (2) business days prior to the Event. Registrations can still be lodged after this time, including in person at the Event, however, please note that in some cases Event materials and/or catering cannot be guaranteed for last minute registrations. In these instances, we will endeavour to forward Event materials to Delegates after the Event.
1.8 If You are registering for an Event on behalf of another person, it is Your responsibility to ensure that the Delegate is aware of these Terms. By completing the registration for the Event, You are warranting that You have made the Delegate aware of these Terms and that they have accepted them.
1.9 Please contact AusIMM on the contact details set out in clause 9 below if You do not receive Your confirmation advice or if You have any enquiries regarding payments.
2. Cancellation and transfers by delegates
2.1 Notification of cancellation of Your registration for an Event must be made in Writing (Notification) and sent to AusIMM at firstname.lastname@example.org. The Notification must include Your membership details (if applicable) and any other reasonable requirements of AusIMM for cancellation as may be notified to You from time to time.
2.2 If the Notification is received by AusIMM twenty-eight (28) days or more before the date of the Event (Final Cancellation Date), AusIMM will provide You with a refund of the Fee minus any reasonable administration costs (provided such administration costs are validly incurred by AusIMM in connection with the Event). To protect AusIMM’s legitimate business interests (such as costs incurred to produce the Event) refunds may not be made for cancellations received after the Final Cancellation Date, subject to AusIMM’s sole discretion. Refunds will not be made for cancellations made due to a change of mind or change in personal circumstances.
2.3 You may cancel an activity or transfer to another activity at the Event (including, but not limited to, sessions, luncheons, workshops, presentations, seminars, tours or any other activity at the Event) (Component) by notifying AusIMM in Writing at least fourteen (14) days prior to the Component. Refunds may not be granted to You if You fail to attend or cancel Components or transfer between Components within fourteen (14) days of the Component, subject to AusIMM’s reasonable discretion. Transfers are subject to the applicable registration Fee for the Component to which You have transferred.
2.4 If You wish to request approval to send a substitute to the Event or to a Component in Your place, You must make such a request to AusIMM at email@example.com in Writing fourteen (14) days prior to the Event or Component.
2.5 A substitution in accordance with clause 2.4 may be subject to additional fees, including, but not limited to, changes to the Fee (e.g., if the substitute is a non-member), and a request for substitution may be declined by AusIMM, acting reasonably.
2.6 If You wish to bring a spouse, friend of colleague to the Event networking functions, You will need to purchase additional tickets for Your guest(s). Please note that guests may participate in networking activities only and will have no access to the Event.
3. Modification, postponement, cancellation by AusIMM
3.1 AusIMM 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 or any part of the Event; or (c) cancel the Event or any part of the Event, provided that such change, postponement or cancellation will only be actioned by AusIMM if it is reasonably required in accordance with AusIMM’s legitimate business interests, by providing Written notice to You in advance of such change, postponement or cancellation (to the extent reasonably practicable). AusIMM will not be liable to You for any damages, costs, losses or expenses of any kind incurred or suffered by You as a result of or in relation to AusIMM modifying, postponing or cancelling the Event or any part of the Event. If an Event is changed, cancelled or postponed by AusIMM, and You are no longer able to attend such Event, AusIMM will refund the Fee to You, minus any reasonable administration costs (provided such administration fees are validly incurred by AusIMM in connection with the Event).
3.2 AusIMM will not be in breach of these Terms for any failure to provide any Event that is caused by or arises from any event or circumstances beyond AusIMM’s reasonable control, including any acts of God, severe storm, flood, fire, earthquake or other natural occurrences, war, terrorism, civil commotion and riots, strikes and industrial action, epidemic, pandemic or public health emergency, or any resulting governmental action including work stoppages, mandatory business, service or workplace closures, full or partial lockdowns of affected areas, quarantines, border closures and travel restrictions or acts or omissions of governments and regulatory authorities (Force Majeure Event), and the time for performance of any impacted Event will be extended accordingly. If AusIMM’s performance of the Event is delayed or prevented by a Force Majeure Event, AusIMM will notify You of the nature, extent, affect and likely duration of the circumstances constituting the Force Majeure Event as soon as reasonably practicable and, as soon as reasonably practicable after cessation of the Force Majeure Event, will reschedule and provide the relevant Event. AusIMM will refund any Fees paid in connection with a Event the subject of a Force Majeure Event upon written request by You, minus any reasonable administration costs (provided such administration fees are validly incurred by AusIMM in connection with the Event).
4. Delegate’s rights and obligations at the Event
4.1 AusIMM reserves the right, without any liability, to refuse admission to, or to eject You from the Event, in its absolute discretion, including, but not limited to, Your failure to comply with these Terms or if in the opinion of AusIMM You represent a security risk, nuisance or annoyance to the running of the Event. If You are ejected from the Event, a refund of the Fee may be facilitated in some circumstances (at AusIMM’s reasonable discretion).
4.2 You agree to comply with all reasonable instructions issued by AusIMM, AusIMM’s Representatives, the venue operators or platform facilitators 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 or at the venue. You may seek permission from presenters, sponsors and/or attendees at the Event prior to taking photographs, screenshots or recordings of presentations, exhibition stands, display products, speakers and/or attendees at the Event.
4.4 You acknowledge that You may be filmed, sound recorded and/or photographed by AusIMM, media or any other party at the Event and AusIMM may use or approve the use of a film, sound recording and/or photograph which depicts or includes You for any purpose and in any way whatsoever.
5. Disclaimer of warranty, limitation of liability and indemnity
5.1 Disclaimer of Warranty
To the fullest extent permitted by law, but subject to clause 5.2 and 5.3, AusIMM excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) and the application or availability of any statutory rights (including any implied representations, warranties, terms or conditions or any statutory guarantees that the Event is of satisfactory quality or fit for purpose).
5.2 Limitation of Liability
5.2.1 Subject to clause 5.3, neither party will be liable to the other party under or in respect of these Terms for any consequential, indirect, or special damages, regardless of whether that liability arises in contract, tort (including negligence), at common law, in equity, under statute, under an indemnity or otherwise howsoever arising.
5.2.2 You assume responsibility for the use of, and outcomes obtained from Your participation in, the Event.
5.2.3 To the fullest extent permitted by law and subject to clause 5.3, AusIMM’s total liability of any kind to You arising out of or related to these Terms (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort (including negligence), breach of statue or otherwise, exceed the total Fee paid by You in respect of the Event.
5.3 Statutory Rights and Consumer Guarantees
5.3.1 Nothing in these Terms is intended to exclude, restrict or modify any rights that You may have under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into this Agreement or provides statutory guarantees in connection with these Terms, in respect of goods and services supplied, AusIMM’s liability for breach of such condition, warranty, other term or guarantee is limited (at AusIMM’s election):
(a) in the case of supply of goods, AusIMM doing any one or more of the following: (i) replacing the goods or supplying equivalent goods; (ii) paying the cost of replacing the goods or of acquiring equivalent goods; and/or (iii) paying the cost of having the goods repaired; or
(b) in the case of supply of services, AusIMM doing either or both of the following: (i) supplying the services again; and/or (ii) paying the cost of having the services supplied again.
You agree to fully indemnify and hold AusIMM, 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 AusIMM and/or its Representatives arising out of or in connection with the Event, including, but not limited to: (1) Your breach of these Terms; (2) Your use of the Event venue or attendance at the Event; (3) any damage by Your act or omission to the Event venue or any goods located at the Event venue; or (4) Your infringement of any intellectual property or other right of any third party.
By registering for the Event, You acknowledge and agree that Your personal information may be displayed at the Event (for example online as part of a delegate list if You have opted-in to do so). At the time of registration, You will have the option to provide Your photo and biography for use and display at the Event.
At an Event, exhibitors may have access to software that enables exhibitors to electronically scan Your name badge with Your consent. Once Your name badge has been electronically scanned, the exhibitor will obtain access to Your personal information, including Your name, title, company, address and email, provided by You during the registration process. AusIMM is not responsible for the subsequent use, disclosure or handling of Your personal information by any exhibitor or any other person who obtains Your personal information using such electronic scanning software or if You otherwise provide Your personal information to a third party during an Event (for example if You provide Your email directly to third party during an online chat).
7. Discount eligibility details
7.1 Only one discount is applicable at a time and discount offers cannot be combined. Where You are eligible for more than one discount, the greatest discount will be applied to Your registration.
7.2 All registrations with discount selections are subjected to an audit at a later date. Fraudulent selection of a discount or selecting a discount where eligibility cannot be proven will result in payment of the difference.
7.3 Please note that not all discounts apply for all Events. Please check the specific Event details to check which discounts apply.
7.4 The following eligibility rules apply to the specified discount type:
7.4.1 AusIMM Member Rate: You are a financial (paid) member of AusIMM. AusIMM membership fees are due by 1 January each year.
7.4.2 Student Registration: You are a student completing Your degree full-time at a tertiary institution. Proof of Your current enrolment and status as a full-time student must be submitted with Your registration form. All Delegates registering at the student rate will be listed as “student” along with Your institution on Your name badge and in the attendee list.
7.4.3 Abstracts and Papers selected by AusIMM: You have submitted abstracts and papers which have been selected by AusIMM and which may be used at the Event.
8.1 These Terms are governed by and are to be construed in accordance with the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria.
8.2 AusIMM may amend these Terms from time to time by posting a revised version on AusIMM’s website or by otherwise notifying You in Writing. You will be subject to the Terms in force at the time AusIMM registers You in the Event, and any amendments to these Terms will not apply retrospectively.
8.3 If there is a contradiction or inconsistency between these Terms and any other notices, policies, communications or documents relating to an Event then these Terms will prevail to the extent of that contradiction or inconsistency.
8.4 If a court determines that any provision of these Terms is invalid or not enforceable, that provision shall be read down or severed to the extent of the invalidity or unenforceability only, without affecting the remaining provisions of these Terms.
Speaker and presenter terms and conditions
1. Applicability and other terms
1.1 By applying to be a Speaker and/or submitting the Speaker Materials to AusIMM, the Speaker acknowledges that the Speaker has read, understands and accepts these Terms.
1.2 The Speaker acknowledges and agrees that these Terms apply to it whether the Event is delivered online, in person, a combination of in-person and online or any other format. For clarity, the Speaker is not entitled to provide the Presentation unless AusIMM has confirming in writing to the Speaker that the Speaker Materials have been selected and approved by AusIMM for the Event.
2. Submission of Speaker Materials
2.1 The Speaker must prepare and submit the Speaker Materials in accordance with the format specified in the Author Guidelines and using the templates as specified in the registration form or as reasonably advised by AusIMM from time to time.
2.2 Any Speaker Materials submitted to AusIMM must be of original quality and not previously published. If you wish to submit non-original or pre-published Speaker Materials to AusIMM you must notify AusIMM in writing prior to, or at the time of, submission.
2.3 You agree that: (a) you have all authorisations, permissions, approvals, licences and consents required to submit the Speaker Materials and provide the Presentation; (b) you will not infringe the intellectual property rights and moral rights of any person in providing the Presentation or the Speaker Materials; and (c) the Speaker Materials, the Presentation and the use of them will not: (i) infringe the intellectual property rights or moral rights, of any person; (ii) result in a breach of law; (iii) constitute misuse of any person’s confidential or personal information; or (iv) result in the Speaker being in breach of any obligation it owes to a third party.
2.4 The Speaker authorises AusIMM to use the Speaker’s name, likeness, photograph, and biographical data submitted to AusIMM for the purposes of the Event and for any purpose connected with the business of AusIMM, including to provide or conduct future Events.
2.5 All Speaker Material will be made available to delegates before and after the Event.
3. Recordings of Presentations
3.1 The Speaker permits AusIMM to: (a) make any audio or video recordings of the Presentation, Speaker Materials and/or the Speaker’s image or voice; (b) photograph the Speaker; (c) create a digital record of the Presentation, Speaker Material and/or the Speaker’s image or voice; and/or (d) create a transcript of any of the content referred to at (a) to (c) immediately above, each referred to as a Recording.
3.2 Within a reasonable time of receiving a written request from the Speaker, AusIMM will provide you with a copy of the Recording solely for your personal and private use. If AusIMM provides you with a Recording in accordance with this clause, you agree that you are not permitted to publish the Recording or use the Recording for any commercial purposes.
4. Intellectual property rights, warranties and indemnity
4.1 The Speaker assigns to AusIMM all rights, title and interest (including all intellectual property rights) in the Speaker Materials and Recordings (Assigned Material). This assignment operates as an assignment of future intellectual property rights to the extent that the Assigned Materials are not in existence at the date the Speaker accepts these Terms.
4.2 AusIMM grants the Speaker a non-exclusive, non-transferable, royalty-free, perpetual licence to use, reproduce, modify and adapt the Speaker Materials and the Recordings solely for the Speaker’s personal and non-commercial use.
4.3 The Speaker warrants that the use or exploitation of the Assigned Material in any manner does not, and will not, infringe any person’s rights in the Assigned Material (including intellectual property rights and moral rights).
4.4 The Speaker indemnifies AusIMM (its employees and personnel) against all claims, losses, liabilities, damages, fines, expenses and costs (including legal costs), incurred by AusIMM in connection with any third party claim that the Speaker Materials or Recordings (or their provision or use) infringes a third party’s intellectual property rights or other rights.
4.5 The Speaker provides, and will use its best endeavours to obtain from any other author of the works (or subject matter other than works) in the Speaker Materials and Recordings, a genuine unconditional consent for AusIMM (and its licensees, successors and assigns) to do any act with respect to the Speaker Materials and Recordings (including reproduction, publication and communication to the public, making an adaptation or adaptations) in such ways which, but for such consent, may constitute and infringement of moral rights of the Speaker or any other author.
5. Event cancellation policy
5.1 AusIMM reserves the right at any time to: (a) change the format, participants, content, location, timing or any other aspect of the Event; (b) postpone the Event or any part of the Event; or (c) cancel the Event or any part of the Event, provided that such change, postponement or cancellation will only be actioned by AusIMM if it is reasonably required in accordance with AusIMM’s legitimate business interests, by providing written notice to you in advance of such change, postponement or cancellation (to the extent reasonably practicable).
5.2 AusIMM will not be liable to you for any damages, costs, losses or expenses of any kind incurred or suffered by you are a result of or in relation to AusIMM modifying, postponing or cancelling the Event or any part of the Event.
5.3 Please see the Registration terms and conditions above for more information, including in relation to refunds of Event fees.
6. Presentation costs and expenses
6.1 If AusIMM selects your Speaker Materials and approves you to provide the Presentation, you agree that: (a) you or at least one author of the Speaker Materials must prepare and present the Presentation; and (b) the Speaker Material may be used by AusIMM to promote the Event.
6.2 You agree that you must arrange and pay for your own accommodation, travel and expenses in connection with attending the Event and providing the Presentation. You agree that AusIMM is under no obligation to pay any amounts to you in connection with the Speaker Materials or the Presentation.
6.3 You may be eligible to receive a discount to attend the Event. Please refer to AusIMM’s Event Terms and Conditions for more information.
7.1 These Terms are governed by and are to be construed in accordance with the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria.
7.2 AusIMM may amend these Terms from time to time by posting a revised version on AusIMM’s website or by otherwise notifying you in writing. You will be subject to the Terms in force at the time you apply to be a Speaker and/or submit the Speaker Materials to AusIMM, and any amendments to these Terms will not apply retrospectively.
7.3 If there is a contradiction or inconsistency between these Terms and any other notices, policies, communications or documents relating to the Event then these Terms will prevail to the extent of that contradiction or inconsistency.
7.4 If a court determines that any provision of these Terms is invalid or not enforceable, that provision shall be read down or severed to the extent of the invalidity or unenforceability only, without affecting the remaining provisions of these Terms.
Sponsor and exhibitor terms and conditions
The Terms alone without acceptance by AusIMM under clause 1.1, do not constitute a binding Agreement. By applying to be a Sponsor, the Sponsor acknowledges that the Sponsor has read, understands and accepts the Terms and all terms, rights and obligations in the Commercial Terms. The Sponsor acknowledges and agrees that these Terms apply to it whether the Event is delivered online, in-person, a combination of in-person and online or any other format.
1. Commercial terms and agreement formation
1.1 This Agreement applies to you if: (a) you have received or otherwise accessed a Sponsorship Prospectus and submitted a Booking Form to AusIMM (whether in person, by post, by email, through AusIMM’s website or any other means made available by AusIMM) and AusIMM has confirmed in writing (including electronically) to accept you as a Sponsor for the Event; or (b) you have contacted AusIMM to sponsor an Event and AusIMM have confirmed in writing (including electronically) your acceptance as a Sponsor and provided you with these Terms.
1.2 The commercial details of the Event will be set out in the Commercial Terms and the Commercial Terms are taken to be incorporated into this Agreement.
1.3 To the extent of any conflict or inconsistency between these Terms and any Commercial Terms, these Terms prevail over any Commercial Terms to the extent of the conflict or inconsistency, unless under the Commercial Terms the parties expressly agree in writing that a specific conflicting or inconsistent term or condition in these Terms is to be replaced by a specific term or condition in the Commercial Term.
2. Exclusivity and term
2.1 This Agreement commences on the date that AusIMM accepts you as a Sponsor under clause 1 and continues until completion of the Event, unless terminated earlier in accordance with this Agreement.
2.2 Unless expressly stated in the Commercial Terms, the Sponsor will not be the exclusive Sponsor (of their industry, sector or otherwise) at an Event and all Sponsorship Benefits are provided on a non-exclusive basis.
3. Sponsorship benefits and sponsor obligations
3.1 Subject to payment of the Sponsorship Fee and the Sponsor complying with the terms and conditions of this Agreement, AusIMM will provide the Sponsor with the Sponsorship Benefits.
3.2 The Sponsor must comply with all applicable laws, conditions, rules, regulations and standards as well as any reasonable procedure, direction or instruction provided by AusIMM, the Health Department, the Metropolitan Fire Brigade, any other relevant Government department, the manager or owner of the venue where the Event is held (Venue Operator) and/or the online provider hosting the Event (Online Operator).
3.3 The Sponsor must: (a) for the duration of the Term, insure against losses and damages which are the result of the act, fault or negligence of the Sponsor and which relate to this Agreement, including, public liability, personal injury, and property damage up to a minimum level of (ten million dollars) $10,000,000 (such insurance to cover the full replacement value of the contents of the Sponsor’s and all associated equipment and materials); and (b) on request from AusIMM, provide AusIMM with a certificate of currency evidencing the insurances referred to in this clause.
3.4 The Sponsor must: (a) not erect any sign, stand, wall or obstruction, which in the opinion of AusIMM or its representative, interferes with an adjoining sponsor; (b) not damage any walls or floors or ceiling of the exhibition area in which her/his stand is located or by nails, screws, oil, paint or any other cause whatsoever; and (c) ensure all of its property, materials and packaging is promptly removed from the venue at the end of the Event (and the Sponsor acknowledges that AusIMM is not responsible for providing storage space at the venue).
3.5 The Sponsor is responsible for the safety of the Sponsor’s products, displays, stands and other materials. During the move-in or move-out period of the Event and the Sponsor’s products, displays, stands and other material should be not left unattended at any time.
3.6 The Sponsor may only conduct competitions, run trade promotions or offer prizes with the prior written consent of AusIMM. If AusIMM does provide consent for the Sponsor to run a competition or conduct a trade promotion in connection with the Event, the Sponsor must: (a) provide competition terms and conditions; (b) comply with all applicable laws including the Privacy Act 1988 (Cth); (c) ensure that all applicable permits are obtained; and provide the prizes.
3.7 The Sponsor must not conduct any workshops, social functions, online chat groups or the like during the Event, without written consent from AusIMM.
3.8 The Sponsors’ nametags and online registration details (as applicable) will be issued to the Sponsor and the relevant number of staff as set out in the Commercial Details; these are not transferable and online access codes must not be shared. Nametags must be worn at all times during the Event. AusIMM reserves the right to charge the Sponsor or the relevant individual an additional full registration fee for transferring or sharing physical name tags or individual online access to the Event.
3.9 AusIMM will not provide delegate contact information or personal information to the Sponsor prior to, during or post the Event. If the Sponsor separately and independently collects any personal information directly from a delegate, the Sponsor must: (a) only collect such personal information with the knowledge and consent of the delegate; and (b) must handle such personal information in accordance with the Privacy Act 1988 (Cth).
3.10 The Sponsor must ensure that any materials or content submitted or otherwise published or displayed as part of the Event (in person, online or in any other format): (a) is submitted by the relevant deadline for publication, display or broadcast and complies with any format or design guidelines communicated by AusIMM or its representative; (b) does not infringe the Intellectual Property Rights or other rights of a third party; (c) is truthful and accurate and does not include any false or misleading statements; (d) is not defamatory, obscene, discriminatory, unlawful and does not bring AusIMM into disrepute; and complies with: (e) all applicable laws, including: (i) the Competition and Consumer Act 2010 (Cth); (ii) the Advertiser Code of Ethics of the Australian Association of National Advertisers Standards of The Advertising Standards Council, all other relevant regulatory bodies; and (iii) any terms or conditions of the Online Operator.
4. Sponsorship fees and GST
4.1 In consideration of the rights granted to the Sponsor under this Agreement, the Sponsor must pay to AusIMM the Sponsor Fee.
4.2 AusIMM will provide the Sponsor with a tax invoice in respect of a Sponsorship Fee prior to an Event to which a Sponsorship Fee relates.
4.3 The Sponsor must pay AusIMM the total Sponsorship Fee for the relevant Event, and GST payable with respect of the Sponsorship Fee, within 30 days of the date of the invoice.
5. Intellectual property rights
5.1 A party’s Intellectual Property Rights (First Party) will remain the property of the First Party and the other party (Other Party) acknowledges that nothing in the Agreement will be construed as transferring title in or ownership of any First Party’s Intellectual Property Rights to the Other Party.
5.2 The Sponsor grants to AusIMM a non-exclusive, worldwide, sublicensable and irrevocable licence to use the Sponsors logo, trademarks and other materials and Intellectual Property Rights provided or otherwise made available to AusIMM for the purpose of: (a) providing the Sponsorship Benefits to the Sponsor; (b) marketing, promoting and conducting the Event in a manner consistent with this Agreement; and post Event activities such as post Event reports.
5.3 Any proposed use of AusIMM’s Intellectual Property Rights (including its name, logo or any trade mark) by the Sponsor must be first approved by AusIMM in writing and in the event that AusIMM provides its consent, the Sponsor agrees that it will adhere to AusIMM’s brand guidelines (if any) provided to the Sponsor. The Sponsor must stop using or otherwise referring to AusIMM’s Intellectual Property Rights (including its name, logo or Trade Marks) on expiration or termination of the Agreement.
6. Warranties and indemnities
6.1 Each party to this Agreement warrants that: (a) it has full power and authority to enter into and perform its obligations under this Agreement; (b) it has obtained all necessary approvals, consents and authorisations to enter into and perform its obligations under this Agreement; (c) this Agreement imposes binding obligations on the party in accordance with its terms; and (d) it is not the subject of an Insolvent Event.
6.2 The Sponsor indemnifies AusIMM (its directors , officers, employees and personnel) against any damage, liability (whether actual, contingent or prospective), action, loss, charge, cost or expense. incurred in connection with: (a) any breach of any obligation under this Agreement; (b) any wilful, negligent or wrongful act or omission of the Sponsor (or its employees, servants, agents and representatives); (c) any Claims that the materials, consent, logos or trademarks provided by the Sponsor infringe the Intellectual Property Rights or other rights of a third party.
7. Limitation of liability
7.1 Nothing in this Agreement is to be read as excluding, restricting or modifying the application of any legislation which by law cannot be excluded, restricted or modified.
7.2 The liability of AusIMM for breach of a guarantee implied by the Competition and Consumer Act 2010 (other than a guarantee under sections 51, 52 or 53 of the Australian Consumer Law) in relation to the supply of goods or services not of a kind ordinarily acquired for personal domestic or household use or consumption, is limited, at AusIMM’s option, to: (a) in the case of goods – the replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods or the payment of the cost of acquiring equivalent goods; or (b) in the case of services – the supply of the services again or the payment of the cost of having the services supplied again.
7.3 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, AusIMM will not be liable to the Sponsor for any: (a) consequential, indirect or special losses or damages of any kind (which means loss or damage which does not arise naturally, according to the usual course of things, from the relevant breach of contract or tortious duty or other relevant act or omission); or (b) loss of profit or revenue, loss of goodwill, loss or corruption of data, business interruption or indirect costs, suffered by the Sponsor as a result of any act or omission whatsoever of AusIMM, its employees, agents or sub-contractors (including negligence) connected with this Agreement or the provision of the Sponsorship Benefits.
7.4 To the fullest extent permitted by law, and without limiting the application of the provisions of this clause 7, AusIMM’s total maximum liability to the Sponsor for any Claims sustained, incurred or suffered by the Sponsor (a Sponsor Claim) arising under or in connection with this Agreement, the provision of the Sponsorship Benefits or the delivery of the Event, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited for all Sponsorship Claims in aggregate to an amount equal to the Sponsorship Fees.
The parties must keep confidential and secure all confidential information belonging to the other party (disclosing party), including (without limitation) the terms of this Agreement, and all business and financial information relating to the other party, except with the prior written consent of the disclosing party or where disclosure is required by law, in which case disclosure must be only to the extent required by law. This clause will survive the expiry of termination of this Agreement.
Termination for convenience
9.1 AusIMM may without cause terminate this Agreement upon 45 days’ notice to the Sponsor. If this Agreement is terminated by AusIMM pursuant to this clause 1, then AusIMM will promptly refund to the Sponsor the full amount of the relevant Sponsorship Fee received. The Sponsor will not be entitled to any further moneys from AusIMM or have any other claim against AusIMM in respect of the termination.
9.2 Subject to clause 10, AusIMM may cancel an Event upon 45 days’ notice to the Sponsor prior to the relevant Event Commencement Date.
Termination for cause
9.3 Either party may terminate this Agreement in whole or in part by written notice to the other party if: (a) the other party breaches any of the provisions of this Agreement and fails to rectify such breach, if capable of remedy, within 30 days of being required in writing to do so; (b) the other party commits a material breach of this Agreement which is not capable of being remedied; (c) the other party commits repeated breaches of any of the provisions of this Agreement; (d) the other party is undergoing an Insolvency Event; and/or (e) the other party suffers a Force Majeure Event for 60 days in succession or longer.
Termination by AusIMM
9.4 AusIMM may terminate this Agreement (in whole or in part) immediately upon written notice to the Sponsor if, in its sole discretion, it determines that there is an ethical or reputational concern in respect of the Sponsor which may have, or has had, a negative impact upon AusIMM or any Event the subject of this Agreement. In such event, AusIMM agrees to reimburse any monies paid by the Sponsor towards Sponsorship Fees for an Event which has not yet occurred. AusIMM will not be liable for reimbursing the Sponsor for any other costs incurred by the Sponsor in respect of any Event the subject of this Agreement, including, but not limited to, the costs of any advertising or promotional material produced by the Sponsor for any such Event.
Effect of termination
9.5 Termination of this Agreement for any reason shall not affect any rights and obligations of the Sponsor or AusIMM which have accrued as the date of the termination.
9.6 On termination of this Agreement, each party (Receiving Party) must hand over to the other party (Disclosing Party) all materials produced by the Disclosing Party and any other property of the Disclosing Party that are or ought to be in the Receiving Party’s possession, custody or control or destroy such materials if requested by the Disclosing Party and subject to applicable laws.
9.7 The following clauses survive the expiry or termination of this Agreement: clause 5 (Intellectual Property) 6 (Warranties and Indemnities) 7 (Limitation of Liability), 8 (Confidently) and 12 (General).
10. Cancellation, postponement and format change
Cancellation of an Event
10.1 If an Event is cancelled by AusIMM, in whole or in part, then AusIMM will promptly notify the Sponsor and will refund to the Sponsor the full amount of the relevant Sponsorship Fee received if the whole Event is cancelled, or a pro rata amount of the Sponsorship Fee received in the event of part cancellation. The Sponsor will not be entitled to any further moneys from AusIMM or have any other claim against AusIMM in respect of any cancellation.
Postponement of an Event or Format Change
10.2 If an Event is postponed or the format of the Event in whole or in part is changed (for example, from an in-person Event to an online Event or partial online Event) in order to protect AusIMM’s legitimate business interests, then AusIMM will promptly notify the Sponsor of the details of the postponed Event or postponed day and of the rescheduled Event or day or format change for the Event (as applicable). The Sponsor will not be entitled to any refund or payment of any other moneys or have any other claim against AusIMM in respect of any postponement or format change required to protect AusIMM’s legitimate business interests.
10.3 If the Sponsor does not take advantage of all or any of the Sponsorship Benefits specified in the Commercial Terms Schedule, it will not be entitled to a refund of, or to withhold payment of, any of the moneys payable by the Sponsor under this Agreement.
11. Cancellation by sponsor and refunds
11.1 If the Sponsor wishes to cancel its sponsorship such cancellations of sponsorship must be received in writing by email only to firstname.lastname@example.org and a partial refund will only be provided by AusIMM as set out in clause 2.
11.2 Subject to receiving written notice in accordance with clause 1, AusIMM will issue a partial refunds of the Sponsorship Fee as follows: (a) where the Sponsor provides more than six (6) months prior written notice of the cancellation before the Event Commencement Date – 75% refund of the Sponsorship Fee (less 25% administration fee); (b) where the Sponsor provides between (6) months and three (3) prior written notice of the cancellation before the Event Commencement Date – 50% refund of the Sponsorship Fee (less 50% administration fee); and (c) where the Sponsor provides less than three (3) months prior written notice of the cancellation before the Event Commencement Date – No refund of the Sponsorship Fee will be issued by AusIMM.
12.1 This Agreement is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.
12.2 AusIMM may engage such sub-contractors as AusIMM considers necessary for the performance of its obligations under this Agreement. Subject to the terms of this Agreement, AusIMM will remain responsible for the acts and omissions of any sub-contractor.
12.3 Except where expressly provided, no party to this Agreement has the power to obligate or bind any other party.
12.4 Nothing in this Agreement will be construed or deemed to constitute a partnership, joint venture, agency or employee, employer or representative relationship between the Sponsor and AusIMM.
12.5 AusIMM may cancel or suspend the performance of the Sponsorship Benefits and/or the delivery of the Event if there is a Force Majeure Event until such time as the Force Majeure Event has ceased. AusIMM will not be in breach of this Agreement if it does so. For the avoidance of doubt, the Sponsor is not entitled to make a Claim against AusIMM, and AusIMM will not be liable to the Sponsor, in connection with a Force Majeure Event.
12.6 These Terms are governed by and are to be construed in accordance with the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria.
12.7 If a court determines that any provision of these Terms is invalid or not enforceable, that provision shall be read down or severed to the extent of the invalidity or unenforceability only, without affecting the remaining provisions of these Terms.
12.8 This Agreement may only be varied by a document executed by the parties.
12.9 This Agreement constitutes the entire agreement between the parties about the subject matter contained in it; and supersedes and cancels any contract, deed, arrangement, related condition, collateral arrangement, condition, warranty, indemnity or representation relating to the subject matter contained in it, that was imposed, given or made by a party (or an agent of the party) prior to entering into this Agreement.
12.10 All notices to be given to or demands to be made upon any party to the Agreement must be in writing and may be delivered in person or sent by email to the current business address of the party
In this Agreement, unless expressed or implied to the contrary:
Booking Form means a sponsor booking form attached to a Sponsorship Prospectus, provided to the Sponsor by AusIMM or available on AusIMM’s website.
Claims includes actions, proceedings, suits, causes of action, arbitrations, verdicts and judgements either at law or in equity or arising under a statute, debts, dues, demands, claims of any nature, costs and expenses.
Commercial Terms means any commercial terms applicable to the sponsorship of the Event, set out in a Booking Form, a Sponsorship Prospectus or as otherwise agreed by the parties.
Event means an AusIMM event, conference or course which may be delivered in person, online or a hybrid format as further described in the Commercial Terms.
Event Commencement Date means the date the Event is to commence as set out in the Commercial Terms.
Intellectual Property Rights means all and any patents, patent applications, trade marks, service marks, trade names, domain names, registered designs, unregistered design rights, copyrights, know how, trade secrets and rights in confidential information, URLs and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.
Force Majeure Event includes any:
(a) lightning strike, severe storm, earthquake, natural disaster, landslide, bushfire, mudslide or tsunami; (b) sabotage, vandalism, malicious damage, riot or a 'terrorist act' as defined in the Terrorism Insurance Act 2003 (Cth); (c) explosion, flood or fire; (d) war (declared or undeclared), civil war, insurrection, invasion, rebellion, revolution, military action or usurped power, martial law, act of public enemy or embargo; (e) ionising radiation, radioactive contamination, nuclear contamination or toxic, chemical or biological contamination;
(f) epidemic, pandemic or public health emergency, or any resulting governmental action including work stoppages, mandatory business, service or workplace closures, full or partial lockdowns of affected areas, quarantines, border closures and travel restrictions, and any other event that is beyond the reasonable control of a party, was not caused by an act or omission of the party, and could not have been prevented, avoided, mitigated, remedied or overcome by the party taking steps a prudent and reasonable person would have taken in the circumstances.
Loss means any damage, liability (whether actual, contingent or prospective), action, loss, charge, cost or expense.
Sponsorship Benefits means the sponsorship benefits set out in the Commercial Terms.
Sponsorship Fee means the fee for the Sponsorship Benefits set out in Commercial Terms.
Sponsorship Prospectus means a sponsorship prospectus for an Event.