OFC (Aust) Pty Ltd ABN: 68 642 587 381 One Fine Baby Expo
Definitions
The Authorities include the Commonwealth of Australia, State Governments,
statutory
and local authorities, and the lessor and/or operator of the Exhibition Venue.
The Contract is the contract referred to in clause 2.3.
The Contract Fee means the Total Cost of the Space detailed in the Vendor
Application inclusive of GST.
The Deposit is the portion of Contract Fee described in the Vendor Application
as
the Deposit.
Force Majeure means an act of God, war, revolution or any other unlawful act
against
public order or authority; an industrial dispute including strike or other
labour
disturbances; a governmental restraint including a declaration of emergency;
natural
disaster involving earthquake, fire or flood and any other event which is not
within
the Organiser’s control.
The Insurance Fee is the fee for public risk/product liability insurance taken
out
by the Organiser, as described in the Vendor Application.
The Withdrawal Fee is the fee described in clause 15.
The Exhibition is the exhibition described in the Vendor Application.
The Exhibition Venue is the place where the Exhibition will be held, as
described in
the Vendor Application.
The Exhibitor is the Applicant whose details are set out in Vendor Application
and
where not inconsistent with the context, a reference to the Exhibitor includes
all
its officers, employees, agents, or contractors.
The Exhibitor Manual means the manual relating to the Exhibition supplied by the
Organiser to the Exhibitor with this Contractor which will, in any event, be
made
available to the Exhibitor in hard copy or online at least 3 months before the
Exhibition and includes all amendments to or revisions of that manual made by
the
Organiser from time to time during the term of this Contract.
The Bump In is the time specified by the Organiser for the Exhibitor to set up
displays prior to the opening of the Exhibition.
The Bump Out is the time specified by the Organiser for the Exhibitor to
dismantle
and remove displays following the conclusion of the Exhibition.
The Organiser is OFC (Aust) Pty Ltd.
The Rules & Regulations means the rules and regulations contained within the
Exhibitor Manual.
The Space means the Space within the Exhibition Venue described in the Vendor
Application under “Package Details”.
The Vendor Application means the form linked to these terms and conditions.
Application for Space
An application for space in the Exhibition shall be made by completing the Vendor
Application and returning it to the Organiser. The Organiser reserves the right to
accept or reject the application. The Organiser and Exhibitor expressly agree and
acknowledge that the Vendor Application may be prepared, signed, and exchanged
electronically.
The Organiser may accept an application for Space by either:
Signing a copy of the completed
Vendor Application; or
Notifying the Exhibitor in
writing (including by email) that the application
has been accepted; or
Issuing an invoice to the
Exhibitor (including by email) for payment as per
contract terms.
When accepted by the Organiser, the Vendor Application becomes a binding contract
between the applicant as the Exhibitor and the Organiser. The Exhibitor agrees to
exhibit and to be bound by these terms and conditions and the Rules and Regulations,
and any rules and regulations imposed by the Authorities.
Space Allocation
The Organiser grants to the Exhibitor a license to use the Space to participate in
the Exhibition. The grant of the license does not constitute the grant of a right of
tenancy. The Organiser reserves the right to alter the floor plan and configuration
of any stand and shall only adjust the Contract Fee if the overall size of the Space
is reduced.
An Exhibitor wishing to reduce its Space must make a request in writing (Reduction
Request) to the Organiser detailing the reason for the request and the size of the
change (Space Reduction). The Organiser may grant or withhold approval to the
Reduction Request in its absolute discretion. If the Reduction Request is approved
and was received by the Organiser:
60 days or more prior to the commencement of the Exhibition and it is
approved, the Organiser may, in its absolute discretion, reduce the Contract
Fee by 70% of the Contract Fee that relates to the Space reduced; or
Less than 60 days prior to the commencement of the Exhibition and it is
approved, the full Contract Fee is payable, unless otherwise reduced by the
Organiser, in its absolute discretion.
If the Reduction Request is not approved by the Organiser or no Reduction Request is
sought by the Exhibitor, the full Contract Fee shall be payable by the Exhibitor in
accordance with clause 8.
Exhibits
All exhibits must be directly related to the Exhibition profile and all products
shown on the Exhibitor’s stand must be those that the Exhibitor or related companies
nominated at the time of applying for the Space and detailed in the Vendor
Application.
Each Exhibitor must keep its Space adequately stocked and staffed for the duration
of the Exhibition
The Exhibitor shall be liable to the Organiser for any loss or damage to the
Exhibitor or the Organiser’s reputation or image because of the failure to comply
with this clause.
Retail Sales
Retail sales are only permitted if the Exhibition is open to the public or at the
Organiser’s discretion.
Conduct and Canvassing
Exhibitors must at all times act responsibly and must not, by their actions, cause a
nuisance to other Exhibitors or act in a manner that could damage the reputation of
the Exhibition or the Organiser or adversely impact the running of the Exhibition.
Exhibitors must not canvass or distribute promotional material other than from their
own stand.
Subletting
Exhibitors may not sub-license their Space or assign rights or
obligations without the
prior written permission of the Organiser (which may be withheld in its absolute
discretion).
Compliance with regulations
The Exhibitor must comply with all fire, safety, health and other laws, rules and
regulations imposed by the Authorities and/or the Organiser (including the Rules &
Regulations and the Organiser’s Occupational Health & Safety policy). All rules,
regulations and policies are available on request from the Organiser.
Where an Exhibitor participates in the Exhibition as part of a group stand it is the
Exhibitor’s responsibility to procure that any party with which it participates
complies with the rules and regulations described in clause 8.1 and with the terms
and conditions of this contract.
Upon breach of this clause 8, the Organiser may remove or alter all or any part of
the Space or of the Exhibition in order to rectify the failure to comply, in which
case the Organiser will not be liable for any loss or damage whatsoever sustained as
a result.
Stand Limits
No part of the stand or any display may extend or project beyond the allotted dimensions
of the Space. Stands must not exceed a maximum height of 2.5 metres without the
permission of the Organiser. No items may project into the aisles.
Insurance
A condition of the Organiser accepting this application is that the Exhibitor holds
Public and Property Liability Policy with minimum $20 Million for each exhibition.
In the event that the Exhibitor does not have Public and Property Liability Policy
with minimum $20 Million, the Exhibitor must pay an Insurance Fee to the Organiser
and in exchange the Organiser will purchase and maintain the requisite insurances on
behalf of the Exhibitor the period from the beginning of the first day of Bump-in to
the last day of Bump-out. The Organiser will apply to an insurer of its choice to
insure itself and each Exhibitor (each as a named insured) for $20 million for a
single event in respect of public liability, general property and employer’s
liability insurance, therefore the Exhibitor(s) will not be required to make any
applications to the insurer nor pay any monies directly to the insurer. Payment for
Insurance is due concurrently with the Terms of payment set out in clause 11.1.
The Exhibitor must also hold general property and employer’s liability insurance
policies to the satisfaction of the Organiser for the period from the beginning of
the Bump-in to the last day of Bump-out. Such insurance cover must insure the
Organiser against any loss because of any action or claim arising out of any act or
default by the Exhibitor. If requested by the Organiser, the Exhibitor must provide
the Organiser with the certificates of insurance confirming that the policies have
been affected.
Terms of Payment
The Organiser will issue a tax invoice to the Exhibitor for the Deposit which shall
be payable by the Exhibitor to the Organiser by the date specified in the Vendor
Application.
The Organiser will issue a tax invoice to the Exhibitor for the balance of the
Contract Fee which shall be payable by the Exhibitor to the Organiser by the Due
Date specified in the Vendor Application. Where an application for Space is received
after the Due Date, the total Contract Fee is due and payable immediately.
Early Bird rates may be offered to Exhibitors from time to time – these rates are
only applicable if payments are made by the due dates as listed on the contract. If
payments are not made by the due dates full rates will apply.
If the Exhibitor pays by credit card, then surcharges may apply in accordance with
the schedule published on the Organiser’s website from time to time.
Administrative fees may be payable in relation to processing refunds, late payments
and payment arrangements in accordance with the schedule published on the
Organiser’s website from time to time.
The Exhibitor is responsible for settling all accounts for expenses incurred by it,
its agents, employees, or contractors in connection with the Exhibition and must
discharge such liabilities immediately upon request by the Organiser.
Interest on overdue amounts may be charged at a rate of 1.50 % per calendar month or
part thereof and the Exhibitor shall be liable for, and expressly undertakes to pay,
all such interest.
In the event of any default in payment, the Exhibitor shall be liable on an
indemnity basis for any and all legal and/or debt collection expenses incurred by
the Organiser in obtaining, or attempting to obtain, payment for any amount due by
the Exhibitor.
Multi-Show Bookings
Discounts are available for vendors who book and pay a deposit for more than
one show at the same time.
5% discount for 2 shows
7.5% discount for 3 shows
10% discount for 4 shows
Deposits must be paid at the time of booking and the multi-show discount
will be applied to the invoice of the last show in your show cycle. If for
any reason the Vendor cancels one or more of the events in the multi-show
booking, the value of the discount previously applied will be added to the
next event invoice. In the event that all shows in the multi-show booking
are cancelled, the vendor is liable to pay the cancellation fees based on
full price stands, not the discounted rate.
Termination by Organiser
The Exhibitor acknowledges and agrees that clauses 4 - 11 are essential terms of
this
Contract and if the Exhibitor is in breach of any of them, the Organiser may
terminate
this Contract immediately if the Exhibition or the Bump-in has already commenced; or
by
giving 3 business days’ written notice if prior to the Bump-in.
If this Contract is terminated due to non-payment of any amount owing to the
Organiser,
the Organiser may re-let the Space to another applicant and recover damages in the
form
of the Withdrawal Fee as detailed in clause 13.
The Organiser may terminate this Contract immediately if the Exhibitor brings the
Organiser or the Exhibition into disrepute or into adverse publicity or notoriety
that
affects the Organiser or Exhibition in a negative manner (including but not limited
to,
Insolvency of the Exhibitor).
If the Organiser suffers an event of Force Majeure, the Organiser may terminate this
Contract immediately upon giving written notice (including by email) detailing the
Force
Majeure event.
The Organiser may terminate this Contract without cause prior to the commencement of
the
Exhibition upon giving one month’s notice to the Exhibitor.
Withdrawal of Exhibitor
If the Exhibitor withdraws from the Exhibition, it will forfeit the Deposit.
An Exhibitor who withdraws from the Exhibition for any reason whatsoever will be
liable
for the Withdrawal Fee which shall be calculated as follows, where column A is the
number of days between the date on which notification of withdrawal is given and the
date of commencement of the Exhibition, and column B is the percentage of the
Contract
Fee which will comprise the Withdrawal Fee:
A
B
More than 180: 25%
Between 180 and 60: 50%
Less than 60: 100%
The Exhibitor acknowledges that the Withdrawal Fee is a reasonable pre-estimate of
the
typical loss which would be incurred by the Organiser arising from the Exhibitor’s
withdrawal from the Exhibition.
Notification of withdrawal must be made in writing (including by email) to the
Organiser. Verbal notification of withdrawal shall not be effective under any
circumstances.
The Organiser may, at its absolute discretion, deem an Exhibitor to have given
notification of Withdrawal if:
(a) the Exhibitor indicates to the Organiser that it may not participate in
the
Exhibition; and/or
(b) the Organiser requests the Exhibitor to confirm its participation in
accordance with this Contract in writing (including by email) and the
Exhibitor
fails to provide such confirmation within 3 business days of the request.
The Withdrawal Fee must be paid to the Organiser irrespective of whether the
Organiser
incurs a loss because of the withdrawal.
Exclusion of Liability
To the extent permitted by law, the Organiser gives no warranty and makes no
representation:
(a) That the Exhibition will attract any or any minimum number of visitors
or
will achieve any or any particular outcome for the Exhibitor; or
(b) as to the completeness or accuracy of all the information provided by
the
Organiser.
The Organiser is not liable to the Exhibitor for any loss arising out of:
(a) any restrictions or conditions regarding the construction, erection,
completion, alteration or dismantling of any stands imposed by the
Authorities;
or
(b) the location, entry point or sighting of the Space or the prominence of
neighbouring or any other exhibitors’ Space; or
(c) the failure of any services normally provided at the Exhibition Venue;
or.
(d) the amendment or alteration to all or any part of the Exhibition Manual;
or
(e) changes imposed by any of the Authorities; or
(f) an event of Force Majeure.
In no event shall the Exhibitor have any claim for damages of any kind against the
Organiser in respect of loss or damage to the Exhibitor, direct or consequential
arising
from the prevention, cancellation, postponement, abandonment or part-time opening or
relocation of the Exhibition either wholly or in part if for any reason beyond the
Organiser’s control or Force Majeure or if the Exhibition facility becomes wholly or
partially unavailable or inappropriate (in the Organiser’s opinion) for the holding
of
the Exhibition (Change Event).
In the event of a Change Event, the Organiser shall be entitled to retain all sums
paid
by the Exhibitor or such part thereof as the Organiser considers reasonable if the
Exhibition is able to be held (with whatever changes are required as a result of the
Change Event).
If, in the opinion of the Organiser, by rearrangement or postponement of the period
of
the Exhibition, or by substitution of another hall or building or in any other
reasonable manner the Exhibition can be carried on, the Organiser shall give notice
in
writing to the Exhibitor advising of the Change Event (Change Event Notice) and
subject
to clause 14.6, this Contract shall be binding upon the parties, except as to the
size
and position of the Space, which the Organiser may modify as it deems necessary
under
the circumstance.
If the Exhibitor does not agree to exhibit pursuant to the Change Event Notice, the
Exhibitor may terminate this Contract by notice in writing within 5 business days of
the
date of Change Event Notice (Termination Notice) and the Exhibitor is taken to have
withdrawn from the Exhibition and clauses 13.1, 13.2, 13.3 and 13.6 will apply.
If the Exhibition is cancelled by the Organiser because of the Change Event, the
Organiser will refund the Contract Fee for the period the Space is unavailable.
The Organiser assumes no risk and the Exhibitor releases the Organiser from
liability
for loss or damage to person or goods. The Exhibitor indemnifies the Organiser
against
any claim in respect of the Space for the Exhibitor’s exhibits.
Without limiting the preceding clause 14.8, in no event shall the Exhibitor have any
claim for damages of any kind against the Organiser in respect of loss or damage to
the
Exhibitor’s property occasioned by theft, fire, accidental loss or damage other
insurable event or otherwise.
To the extent permitted by law, the liability of the Organiser to the Exhibitor for
all
claims relating to the Exhibition or this Contract (including in relation to a
termination pursuant to clause 12), in contract, tort or otherwise, shall not exceed
the
amount of the Contract Fee actually paid to the Organiser by the Exhibitor in
connection
with the Space Application. In no event shall the Organiser be liable to the
Exhibitor
for any consequential, indirect, special, or incidental damages.
GST
Except where express provision is made to the contrary, and subject to this clause,
any
amount that may be payable under the Contract is exclusive of any GST. If a party
makes
a taxable supply in connection with this Contract for a consideration which
represents
its value, then the recipient of the taxable supply must also pay, at the same time
and
in the same manner as the value is otherwise payable, the amount of any GST payable
in
respect of the taxable supply.
Acknowledgement
The Exhibitor acknowledges that it has made an independent evaluation of the terms
and
conditions of this Contract and all information provided to it by the Organiser in
relation to the Exhibition and that it has verified or will verify all information
upon
which it intends to rely to its own satisfaction and that the Organiser gives no
warranty as to the accuracy of any such information. The Exhibitor acknowledges that
it
is bound by these Terms & Conditions by virtue of:
(a) the signature of any ostensibly authorised person on the Vendor
Application.
(b) electronic acceptance of the Contract by any ostensibly authorised
person.
(c) payment of any sum due under the Contract; or (d) participating in the
exhibition.
Severability
If anything in this Contract is unenforceable, illegal, or void then it is severed,
and the
rest
of this Agreement remains in force and effective.
Governing Laws
The laws of the State of New South Wales will apply to this Contract and any dispute
or
court proceedings must be heard in the State of New South Wales.
Privacy
It is a condition of participation in the Exhibition that the Exhibitor’s contact
details may be forwarded to approved service providers appointed by OFC (Aust) Pty
Ltd
to enable the service providers to engage in direct marketing with the Exhibitors to
arrange essential goods and services to enable the Exhibitors’ successful
participation
at the exhibition.
OFC (Aust) Pty Ltd collects information from customers and attendees and provides
personal information to third parties for marketing purposes in full compliance with
Australian privacy law. We facilitate exposure of organisations and business to new
customers and clients for marketing purposes subject to the following constraints
and
conditions:
(a) We do not agree to obtain consent from individuals to facilitate you to
engage in marketing activities. We disclose information to you for direct
marketing on the basis that you agree to comply with the general obligation
under the Privacy Act to obtain consent prior to using the information
collected
from third parties prior to engaging in direct marketing communication to
the
individual.
(b) If an individual requests us to not provide information to third parties
we
are prohibited from supplying that information to third parties for
marketing
purposes.
Termination by Organiser
The Exhibitor acknowledges and agrees that clauses 4 - 11 are essential terms of
this Contract and if the Exhibitor is in breach of any of them, the Organiser may
terminate this Contract immediately if the Exhibition or the Bump-in has already
commenced; or by giving 3 business days’ written notice if prior to the Bump-in.
If this Contract is terminated due to non-payment of any amount owing to the
Organiser, the Organiser may re-let the Space to another applicant and recover
damages in the form of the Withdrawal Fee as detailed in clause 13.
The Organiser may terminate this Contract immediately if the Exhibitor brings the
Organiser or the Exhibition into disrepute or into adverse publicity or notoriety
that affects the Organiser or Exhibition in a negative manner (including but not
limited to, Insolvency of the Exhibitor).
If the Organiser suffers an event of Force Majeure, the Organiser may terminate this
Contract immediately upon giving written notice (including by email) detailing the
Force Majeure event.
The Organiser may terminate this Contract without cause prior to the commencement of
the Exhibition upon giving one month’s notice to the Exhibitor.
Withdrawal of Exhibitor
If the Exhibitor withdraws from the Exhibition, it will forfeit the Deposit.
An Exhibitor who withdraws from the Exhibition for any reason whatsoever will be
liable for the Withdrawal Fee which shall be calculated as follows, where column A
is the number of days between the date on which notification of withdrawal is given
and the date of commencement of the Exhibition, and column B is the percentage of
the Contract Fee which will comprise the Withdrawal Fee:
A
B
More than 180
25%
Between 180 and 60
50%
Less than 60
100%
The Exhibitor acknowledges that the Withdrawal Fee is a reasonable pre-estimate of
the typical loss which would be incurred by the Organiser arising from the
Exhibitor’s withdrawal from the Exhibition.
Notification of withdrawal must be made in writing (including by email) to the
Organiser. Verbal notification of withdrawal shall not be effective under any
circumstances.
The Organiser may, at its absolute discretion, deem an Exhibitor to have given
notification of Withdrawal if:
(a) the Exhibitor indicates to the Organiser that it may not participate in
the Exhibition; and/or
(b) the Organiser requests the Exhibitor to confirm its participation in
accordance with this Contract in writing (including by email) and the
Exhibitor fails to provide such confirmation within 3 business days of the
request.
The Withdrawal Fee must be paid to the Organiser irrespective of whether the
Organiser incurs a loss because of the withdrawal.
Exclusion of Liability
To the extent permitted by law, the Organiser gives no warranty and makes no
representation:
(a) That the Exhibition will attract any or any minimum number of visitors
or will achieve any or any particular outcome for the Exhibitor; or
(b) as to the completeness or accuracy of all the information provided by
the Organiser.
The Organiser is not liable to the Exhibitor for any loss arising out of:
(a) any restrictions or conditions regarding the construction, erection,
completion, alteration or dismantling of any stands imposed by the
Authorities; or
(b) the location, entry point or sighting of the Space or the prominence of
neighbouring or any other exhibitors’ Space; or
(c) the failure of any services normally provided at the Exhibition Venue;
or.
(d) the amendment or alteration to all or any part of the Exhibition Manual;
or
(e) changes imposed by any of the Authorities; or
(f) an event of Force Majeure.
In no event shall the Exhibitor have any claim for damages of any kind against the
Organiser in respect of loss or damage to the Exhibitor, direct or consequential
arising from the prevention, cancellation, postponement, abandonment or part-time
opening or relocation of the Exhibition either wholly or in part if for any reason
beyond the Organiser’s control or Force Majeure or if the Exhibition facility
becomes wholly or partially unavailable or inappropriate (in the Organiser’s
opinion) for the holding of the Exhibition (Change Event).
In the event of a Change Event, the Organiser shall be entitled to retain all sums
paid by the Exhibitor or such part thereof as the Organiser considers reasonable if
the Exhibition is able to be held (with whatever changes are required as a result of
the Change Event).
If, in the opinion of the Organiser, by rearrangement or postponement of the period
of the Exhibition, or by substitution of another hall or building or in any other
reasonable manner the Exhibition can be carried on, the Organiser shall give notice
in writing to the Exhibitor advising of the Change Event (Change Event Notice) and
subject to clause 14.6, this Contract shall be binding upon the parties, except as
to the size and position of the Space, which the Organiser may modify as it deems
necessary under the circumstance.
If the Exhibitor does not agree to exhibit pursuant to the Change Event Notice, the
Exhibitor may terminate this Contract by notice in writing within 5 business days of
the date of Change Event Notice (Termination Notice) and the Exhibitor is taken to
have withdrawn from the Exhibition and clauses 13.1, 13.2, 13.3 and 13.6 will apply.
If the Exhibition is cancelled by the Organiser because of the Change Event, the
Organiser will refund the Contract Fee for the period the Space is unavailable.
The Organiser assumes no risk and the Exhibitor releases the Organiser from
liability for loss or damage to person or goods. The Exhibitor indemnifies the
Organiser against any claim in respect of the Space for the Exhibitor’s exhibits.
Without limiting the preceding clause 14.8, in no event shall the Exhibitor have any
claim for damages of any kind against the Organiser in respect of loss or damage to
the Exhibitor’s property occasioned by theft, fire, accidental loss or damage other
insurable event or otherwise.
To the extent permitted by law, the liability of the Organiser to the Exhibitor for
all claims relating to the Exhibition or this Contract (including in relation to a
termination pursuant to clause 12), in contract, tort or otherwise, shall not exceed
the amount of the Contract Fee actually paid to the Organiser by the Exhibitor in
connection with the Space Application. In no event shall the Organiser be liable to
the Exhibitor for any consequential, indirect, special, or incidental damages.
Notwithstanding the provisions in our standard Terms & Conditions, we agree as
follows (and all capitalised terms have the same meaning as given in the standard
Terms and Conditions):
If the Organiser cancels the Exhibition due to issues related to the
Covid-19 pandemic, the Organiser will use reasonable endeavours to provide
an alternative exhibition within six (6) months of the date of the cancelled
Exhibition, such an alternative exhibition to be held in the form of a
physical event and in the same format as the cancelled Exhibition. If the
Organiser cannot or does not provide an alternative exhibition within that
period, or the alternative exhibition cannot reasonably be considered to be
a suitable alternative, or the dates confirmed by the Organiser are not
suitable to the Exhibitor, the Organiser will refund the Contract Fee (or
any part of it) paid by Exhibitor in a managed process.
State by State Border Closures
Notwithstanding the provisions in our standard Terms & Conditions, we agree
as follows (and all capitalised terms have the same meaning as given in the
standard Terms and Conditions):
If the Exhibitor is unable to attend the Exhibition due to border
closures between the Exhibitors home state and the state of the
Exhibition, preventing them from attending the Exhibition, the
Organiser will use reasonable endeavours to provide an alternative
exhibition within twelve (12) months of the date of the relevant
Exhibition, such an alternative exhibition to be held in the form of
a physical event and in the same format as the relevant Exhibition.
If the Organiser cannot or does not provide an alternative
exhibition within that period, or the alternative exhibition cannot
reasonably be considered to be a suitable alternative, or the dates
confirmed by the Organiser are not suitable to the Exhibitor, the
Organiser will refund the Contract Fee (or any part of it) paid by
Exhibitor in a managed process. For clarity, for this clause to be
in effect, the borders must be closed 7 working days or less prior
to the first day of bump in of the Exhibition.
GST
Except where express provision is made to the contrary, and subject to this clause,
any amount that may be payable under the Contract is exclusive of any GST. If a
party makes a taxable supply in connection with this Contract for a consideration
which represents its value, then the recipient of the taxable supply must also pay,
at the same time and in the same manner as the value is otherwise payable, the
amount of any GST payable in respect of the taxable supply.
Acknowledgement
The Exhibitor acknowledges that it has made an independent evaluation of the terms
and conditions of this Contract and all information provided to it by the Organiser
in relation to the Exhibition and that it has verified or will verify all
information upon which it intends to rely to its own satisfaction and that the
Organiser gives no warranty as to the accuracy of any such information.
The Exhibitor acknowledges that it is bound by these Terms & Conditions by virtue
of:
(a) the signature of any ostensibly authorised person on the Vendor
Application.
(b) electronic acceptance of the Contract by any ostensibly authorised
person.
(c) payment of any sum due under the Contract; or
(d) participating in the exhibition.
Severability
If anything in this Contract is unenforceable, illegal, or void then it is severed,
and the rest of this Agreement remains in force and effective.
Governing Laws
The laws of the State of New South Wales will apply to this Contract and any dispute
or court proceedings must be heard in the State of New South Wales.
Privacy
It is a condition of participation in the Exhibition that the Exhibitor’s contact
details may be forwarded to approved service providers appointed by OFC (Aust) Pty
Ltd to enable the service providers to engage in direct marketing with the
Exhibitors to arrange essential goods and services to enable the Exhibitors’
successful participation at the exhibition.
OFC (Aust) Pty Ltd collects information from customers and attendees and provides
personal information to third parties for marketing purposes in full compliance with
Australian privacy law. We facilitate exposure of organisations and business to new
customers and clients for marketing purposes subject to the following constraints
and conditions:
(a) We do not agree to obtain consent from individuals to facilitate you to
engage in marketing activities. We disclose information to you for direct
marketing on the basis that you agree to comply with the general obligation
under the Privacy Act to obtain consent prior to using the information
collected from third parties prior to engaging in direct marketing
communication to the individual.
(b) If an individual requests us to not provide information to third parties
we are prohibited from supplying that information to third parties for
marketing purposes.
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