Sponsorship Terms and Conditions

1. ACCEPTANCE AND SPONSORSHIP FEE

1.1.   Sponsors applying to exhibit at or sponsor the Conference must complete the Sponsorship Application Form in full and submit the form to the Conference Organiser.

1.2.   Submission of the Sponsorship Application Form to the Conference Organiser evidences the Sponsor’s agreement to be bound by the terms and conditions contained in this agreement.

1.3.  The Conference Organiser retains the right to reject any application, without provision of reasons.

2. SPONSORSHIP FEE

2.1.   The Sponsor agrees and warrants to pay the Sponsorship Fee to the Conference Organiser within 7 business days of receiving the tax invoice.

2.2.  In consideration of payment of the Sponsorship Fee, the Conference Organiser agrees to provide the Sponsor with the benefits set out in the Conference Sponsorship and Exhibition Prospectus or otherwise as agreed in writing between the parties.

3. SPONSOR’S OBLIGATIONS AND COVENANTS

3.1.  The Sponsor agrees and warrants to exercise the rights and pursue the opportunities granted under this agreement in a manner consistent with the good name, goodwill, reputation and image of the Conference Organiser, Conference and Conference Hosts and in compliance with all applicable laws, regulations and industry standards.

3.2.  The Sponsor grants the Conference Organiser a non-exclusive royalty-free licence to use any of the Sponsor’s Intellectual Property provided to the Conference Organiser to promote and market the Conference and warrants that it owns, is licensed to use and/or is solely entitled to use the Sponsor’s Intellectual Property. The Sponsor shall be responsible for forwarding its logo, symbol, trade mark or registered mark to the Conference Organiser, by the date and in the format specified by the Conference Organiser.

3.3.  The Sponsor must provide the Conference Organiser with a Certificate of Insurance on or before 7 August 2020.

3.4.  The Sponsor may not assign, sublet or apportion the whole or any part of their sponsorship package or booked space except upon prior written consent from the Conference Organiser.

3.5.  The Sponsor and their representatives, employees, agents, contractors and invitees must comply with the reasonable directions of the Conference Organiser, Venue or their authorised representatives, employees, agents or contractors at all times during the Conference.

3.6.  The Sponsor and their representatives, employees, agents, contractors and invitees must observe the rules, regulations and procedures as prescribed by the Venue.

3.7.   The Sponsor must ensure the trade display is fully manned and operational, and removal or change of any of the areas will not commence, until after the exhibition closes on Wednesday 29 November 2023.

3.8.  The Sponsor must not exhibit, display, supply or offer, or allow to be exhibited, displayed, supplied or offered at the Conference any goods or service not agreed to and approved in writing by the Conference Organiser.

4. WARRANTIES AND INDEMNITIES

4.1.   The Sponsor agrees and  warrants to  indemnify and  release the  Conference Organiser and Conference Hosts from and in relation to all actions, suits, damages, loss, claims, demands and costs (including costs) which may be brought or made against or suffered or incurred by the Conference Organiser or Conference Hosts in respect of or by reason of a breach of this agreement by the Sponsor or any act or omission of the Sponsor, its representatives, employees, agents, contractors and invitees in or in connection with (either directly or indirectly) the performance of its obligations under this agreement.

4.2.  The Conference Organiser and Conference Hosts will not be liable for any indirect or consequential damages arising out of a breach of this agreement or otherwise relating to or arising from the Conference.

4.3.  The Conference Organiser and Conference Hosts accept no responsibility for any damage to or for the loss destruction of an exhibit, plant, equipment, fixtures, fittings or display stock from fire, theft, accidents or injury resulting from any cause.

5. CANCELLATION AND REFUNDS

5.1.   The Conference Organiser reserves the right to cancel the Conference in the event it receives an insufficient number of registrations or for any other reasonable grounds, in which event the maximum liability of the Conference Organiser is limited to a refund of any payments made under this agreement with no liability for any additional costs incurred by the Sponsor including without limitation travel costs, hotel costs, or any other costs or expenses whatsoever.

5.2.  Once a Sponsorship Agreement Form has been received, any cancellation must be advised in writing to the Conference Organiser. If the cancellation is received on or before the Final Cancellation Date a cancellation fee of 50% of the total Sponsorship Fee is retained. If the cancellation is received after the Final Cancellation Date, no refund is applicable.

6. TERMINATION

6.1.   The Conference Organiser may terminate this agreement in writing to the Sponsor if:

a) the Sponsor becomes insolvent, commits an act of bankruptcy or, being company, a receiver or receiver and manager or administrator is appointed to the Sponsor or all or part of its assets, a mortgagee goes into possession of the Sponsor’s assets or business, an application is made to appoint a liquidator to have the Sponsor wound up, the Sponsor is made subject to the supervision of a court or enters into a scheme of arrangement with its creditors;

b) or the Sponsor breaches or fails to observe its obligations under this agreement; or c) criminal investigations involving the Sponsor are taking place; or

d) serious adverse publicity has been attracted by the Sponsor; or

e) the good name, goodwill, reputation or image of the Conference Organiser, Conference or Conference Hosts may be compromised by the Sponsor or the Sponsor’s actions.

6.2.  If the Conference Organiser terminates this Agreement in accordance with clause

6.1 all amounts of the Sponsorship Fee paid by the Sponsor will be refunded as at the date of termination and the Sponsor will not be eligible for any of the benefits set out in the Conference Sponsorship and Exhibition Prospectus.

6.3.  Any termination pursuant to this clause shall not prejudice the rights and remedies of either party in respect of any antecedent event.

7. GENERAL

7.1.   The Conference Organiser reserves the right, in its sole and absolute discretion, to alter the exhibition space allocation and/or floor plan of the Conference or to change the venue for the Conference in which event it agrees to provide reasonable notice to any Sponsor affected by any such alteration, and in such event the Sponsor must accept such re-allocation without any claim for a reduction in fees or charges or otherwise.

7.2.   The Conference Organiser reserves the right to amend existing unsold sponsorship packages or add additional sponsorship packages as required\without notice to confirmed sponsors or exhibitors.

7.3.   The Conference Organiser reserves the right, in its absolute discretion, to refuse any person including the Sponsor’s  representatives, employees, agents, contractors or invitees entry to the Conference if they do not hold a valid Conference registration or if they demonstrate behaviour or act in a way that it deems to be inappropriate or represents a reasonable risk to the health, safety and wellbeing of others.

7.4.   In order to limit costs, the Conference Organiser may in its sole discretion limit the number of colours used to print Sponsor trademarks, logos or designs

7.5.   If any consideration payable by the Sponsor under this agreement in respect of a supply by the Conference Organiser which is a taxable supply for the purposes of goods and services tax, the Sponsor, must, in addition to the consideration, pay to the Conference Organiser the goods and services tax payable in respect of that supply. All additional amounts payable by the Sponsor under this clause must be paid by the Final Payment Date. The Conference Organiser will provide a tax invoice for any taxable supplies.

7.6.   This is the entire agreement between the parties in relation to the subject matter and supersedes all previous negotiations arrangements, understandings and commitments.

7.7.   This agreement is governed by the laws of Queensland and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland.

7.8.   No modification or variation of this agreement shall be effective unless it is in writing and signed on behalf of both parties.

7.9.  If a court, arbitrator, tribunal or other authority determines that a sentence, paragraph or clause of this agreement is unenforceable, illegal, or void, then it must be severed and the other provisions of this agreement remain operative and binding on the parties.

7.10. The parties agree that nothing in this agreement shall constitute a partnership, agency, employer/employee relationship or joint venture between them.

8. DEFINITIONS

8.1.   Certificate of Insurance means a certificate from an insurance company acceptable to the Conference Organiser insuring the Sponsor for public liability and risk in respect of the Conference for a sum not less than AUD$10,000,000.

8.2.  Conference means the Successes and Failures in Telehealth Conference 2023.

8.3.  Conference Hosts means The University of Queensland’s Centre for Online Health and Australasian Telehealth Society.

8.4.  Conference Organiser means Iceberg Events ABN 84 084 581 153.

8.5.  Cancellation Date means 8 August 2023.

8.6.  Final Payment Date means 7 business days from receiving the tax invoice.

8.7.   Intellectual Property means copyright, all rights conferred under statute, common law or equity in relation to registered and unregistered trademarks, registered and unregistered designs, look and feel and all other rights resulting from intellectual activity in, but not limited to, the industrial, scientific, literary and artistic fields.

8.8. Venue means the Adelaide Convention Centre.