1.1'Application Form' means the registration form overleaf or attached;
1.2`Event' means any conference organised by the Organiser in which the Delegate participates;
1.3`Organiser' means `Facility Management Association of Australia Ltd (FMA Australia Ltd)' of Level 6, 313 La Trobe Street, Melbourne VIC 3000 and its directors;
1.4`Delegate' means any person, firm or organisation who is participating in an event organised by the Organiser. 'Venue' means the venue in which the Event is taking place; `Speakers' means individuals speaking at the Event (for e.g. Conference Speakers); 'Fees' means the payments set out on the Application Form;
1.5'Intellectual Property' means all copyright, trademarks, designs and confidential information including Delegate lists, phone lists, price lists and plans owned by the Organiser; and 'Terms & Conditions' means these Terms & Conditions for Participation.
2.Application for participation & acceptance
2.1The Application Form is an offer made by the Organiser to the Participation Delegate.
2.2All applications for participation in the Event must be made by filling and signing the Application Form and submitting to the Organiser.All applications are handled on a "chronological" basis. The Organiser retains the right to reject any Application that it deems inappropriate.
2.3By submitting the Application Form, the Delegate enters into a binding contract with the Organiser on the Terms & Conditions.
2.4The Organiser at all times reserves the right, at its sole discretion, to alter the proposed program, make changes to the marketing plans that it has devised for the Event and offer discounts, rebates or refunds.
3.Terms of payment
3.1Full payment is due and payable by the Delegate within 7 days from the date of the invoice issued by the Organiser in relation to the Delegate's participation in the Event.
3.2In the event of default of payment in a), the Delegate's application may be cancelled and the Organiser reserves the right to claim the full Fees from the Delegate. The Delegate is not entitled to any form of compensation whatsoever includes but is not limited to a cash refund.
3.3For other additional services offered from time to time by the Organiser, payments must be made in full and in advance when placing orders for such services.
4.Default & Consequences of Default
4.1Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at the Organiser's sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
4.2In the event that the Delegate's payment is dishonoured for any reason the Delegate shall be liable for any dishonour fees incurred by the Organiser.
4.3If the Delegate defaults in payment of any invoice when due, the Delegate shall indemnify the Organiser from and against all costs and disbursements incurred by the Organiser in pursuing the debt including legal costs on a solicitor and own Delegate basis and the Organiser's collection agency costs.
4.4Without prejudice to any other remedies the Organiser may have, if at any time the Delegate is in breach of any obligation (including those relating to payment), the Organiser may suspend or terminate the supply of Goods and/or Services to the Delegate and any of its other obligations under the terms and conditions. The Organiser will not be liable to the Delegate for any loss or damage the Delegate suffers because the Organiser has exercised its rights under this clause.
4.5If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
4.6Without prejudice to the Organiser's other remedies at law the Organiser shall be entitled to cancel all or any part of any order of the Delegate which remains unfulfilled and all amounts owing to the Organiser shall, whether or not due for payment, become immediately payable in the event that: (a) any money payable to the Organiser becomes overdue, or in the Organiser's opinion the Delegate will be unable to meet its payments as they fall due; or (b) the Delegate becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Delegate or any asset of the Delegate.
5.Withdrawals & Refunds
5.1Cancellations by the Delegate must be advised in writing (email acceptable) to the Organiser at least 30 days prior to the event. An administration fee of $200 plus GST per delegate ticket will be incurred for all cancellations. A refund will not be given if a Delegate fails to attend or cancels within the 30 days leading up to the event. All conference packs will be sent to paid Delegates who cancel within the non-refund penalty period. The conference registration is transferrable in full not in part and can be made at any time before the event without penalty.
6.Cancellation, Bringing Forward and Postponement
6.1Subject to Clause 9, the Organiser will refund the Delegate any amount paid if the Event is cancelled, brought forward or postponed by more than 90 days. The Organiser has the right to modify the duration, speakers, venue, titles, dates, or opening hours of the event without compensation to the Delegate.
7.Change or Cancellation of Speakers or their topics
7.1The Organiser has the right to change, substitute or review the conference schedule during the course of proceeding without loss , liabilities, losses, demands, proceedings and expenses to which the Organiser and its representatives may in any way be subject as a result of change in Speakers, Cancellation of Speakers or change in speaking topics.
8.Indemnity of the Organiser
8.1Under no circumstances will the Organiser be obliged to make good or accept any responsibility or liability whatsoever arising in respect of damage to or theft or loss of any property, goods, articles or things however placed, deposited, brought into or left at the Venue either by the Delegate for their use or purpose or by any other person, and the Delegate must indemnify the Organiser or its representatives
8.2No refunds will be provided on the basis of visa refusals.
9.2The Organiser does not warrant the success of the Event nor whether the Delegate will benefit from participating in the Event and the Delegate agrees to hold the Organiser harmless in the event the Event does not meet its expectations.
10. Force Majeure
10.1 Any delay or failure by either party to perform its obligations will be excused if caused by an extraordinary event or occurrence beyond the control of the nonperforming party and without the nonperforming party's fault or negligence, such as acts of God, fires, floods, windstorms, explosions, riots, natural disasters, wars, terrorist attacks, sabotage, strikes, shortages of labour or material, vendor failures, transportation embargoes or acts of any governmental or governmental agency. In the event of such an event, the Organiser may at its discretion postpone or delay the event and no compensation will be given.
11.1The Delegate acknowledges that it has no proprietary right or interest in the Intellectual Property. The Delegate must not at any time advertise, promote, sell, print or publish any material using or taking advantage of the Intellectual Property, or assist or consent to anyone else to do so without the prior written consent of the Organiser.
12.1The Facility Management Association of Australia Ltd (FMA Australia Ltd) will use the information provided above only for the purposes of recording and managing your application; providing you with information and access to future FMA Australia Ltd products and events and FMA Australia endorsed products and events; or conducting research in order to assess the future needs of FMA Australia Ltd members. FMA Australia Ltd may provide your information to external service providers such as mail houses and printers solely for processing purposes, but FMA Australia Ltd will not provide your information to any external marketing groups.
13.Compliance with laws
13.1Delegate must comply with all the rules, regulations and laws currently imposed or laid down or prescribed in the future by the government, public authorities and owners or managers of the Venue for all purposes concerned with the implementation of these Terms & Conditions, of the regulations and stipulations laid down or prescribed in the future by the Organiser under these Terms & Conditions, and of all other contracts relating to the Event, the Delegate must be deemed to be domiciled at the office of the Organiser in Australia.
14.1Without prejudice to the powers of the parties to enter into a general or limited arbitration agreement, all disputes arising from the Delegate's participation, from the enforcement of these Terms & Conditions, or from any other contracts relating to the Event, or by virtue of regulations or stipulations laid down or prescribed in the future by the Organiser, must be governed and construed according to the laws of Victoria and the Delegate hereby submits to the nonexclusive jurisdiction of the courts of Victoria.
15.Infringement of `Terms & Conditions'
15.1Any breach of these Terms & Conditions for Participation' and any other further rules and regulations determined by the Organiser may, at the Organiser's absolute discretion, result in the exclusion of the Delegate from the Event, and the Delegate has no right to claim compensation or demand refund of any payments already made, or any loss or expenses, nor shall the Delegate be released from their contractual obligation to pay.