BDO Connect events terms and conditions

Definitions and Interpretation

  1. Capitalised terms or expressions used in these terms and conditions have the meanings set out in this clause:
    BDO means BDO Administration Pty Ltd, ABN 85 134 036 490.
    Confidential Information means any information of whatever kind disclosed or revealed by one party (the Disclosing Party) to the other party (the Recipient) under or in relation to these terms and conditions that:
    • Is by its nature confidential;
    • Is designated by the Disclosing Party as confidential or proprietary; or
    • The Receiving Party knows or reasonably ought to know is confidential,
      but does not include information which the Recipient can establish to the reasonable satisfaction of the Disclosing Party:
    • Is or becomes part of the public domain, other than by the Recipient’s breach of these terms and conditions;
    • The Recipient lawfully obtains from a third party without any restriction as to use and disclosure; orIs agreed between the parties in writing not to be confidential.

Delegate means the person who is registering to attend the Event and you or your have corresponding meanings.

Event means the event described in the online registration form.

Fee means any fee which will be charged by BDO for attendance at the Event.

Intellectual Property Rights means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trademarks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration.

Loss means any loss (including loss of profit and loss of expected profit), decrease in value or deficiency of any kind whether indirect, consequential or otherwise, claims, actions, proceedings, demands, damages, obligations or liabilities of any kind.

Moral Rights means each right defined as a moral right in part IX of the Copyright Act 1968 (Cth), and any similar rights capable of protection under the laws of any foreign jurisdiction.

  1. In these terms and conditions the following rules of interpretation apply, unless the contrary intention appears or the context otherwise requires;
    • Headings and subheadings are for convenience only and do not affect the interpretation of these terms and conditions;
    • References to a party include that party’s permitted assignees and successors, including executors and administrators and legal representatives;
    • Words denoting the singular include the plural and vice versa;
    • The word ‘person’ includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government agency;
    • A reference to a body (other than a party to these terms and conditions), whether statutory or not, that ceases to exist or has its powers or functions transferred to another body is a reference to the body that replaces it or that substantially succeeds to its powers or functions;
    • Any promise, agreement, representation or warranty given or entered into on the part of two or more persons binds them jointly and each of them severally, and any promise, agreement, representation or warranty given or entered into on the part of two or more persons is for the benefit of them jointly and each of them severally;
    • No provision of these terms and conditions will be construed adversely to a party because that party was responsible for the preparation of these terms and conditions;
    • Specifying anything in these terms and conditions after the terms ‘include’, ‘including’, ‘such as’ or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary;
    • Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.

Registration

  1. Your registration is subject to acceptance by BDO after you have completed the online registration form, made payment of any Fee applicable to the Event, and provided any further information or documentation which may be requested by BDO (including but not limited to your BDO Connect membership details). You acknowledge that BDO may accept or decline your registration for any reason in its absolute discretion. If your registration is declined, you will be notified accordingly and any Fee which has been paid by you in relation to the Event will be refunded.

Transfer / Cancellation by you

  1. You may request to transfer your registration to another person at any time by providing BDO with notice in writing. BDO may accept or decline that request in its absolute discretion. If BDO accepts your request to transfer your registration, the new Delegate will be required to complete a new online registration form and confirm their agreement to these terms and conditions.
  2. You may cancel your registration at any time by providing BDO with notice in writing. If you have paid a Fee applicable to the Event, and your cancellation is received by BDO;
    • more than 7 days prior to the date of the Event: then you will be entitled to a full refund of the Fee;
    • less than 7 days prior to the date of the Event: then you will not be entitled to any refund of the Fee. You acknowledge that BDO will be entitled to retain the Fee as representing a fair recovery for the loss suffered by BDO in securing another Delegate for the Event.

Obligations of BDO

  1. BDO will take all reasonable steps to carry out and manage the Event in accordance with any details which have been communicated to you. However, BDO reserves the right to vary, remove from or add to any component of or the whole of the Event as BDO deems appropriate in its absolute discretion.

Your Obligations

  1. You must comply with all applicable laws and regulations relevant to your registration and your attendance at the Event.
  2. You must comply with all instructions or directions made by BDO and/or the operator of any venue in relation to the Event, including without limitation any directions relating to work health and safety at the Event. You acknowledge that you may be refused admission to, or ejected from, the Event if in the reasonable opinion of BDO and/or the operator of any venue in relation to the Event you represent a safety or security risk, or you may otherwise interrupt the smooth running of the Event.
  3. You must not sub-licence, assign or otherwise dispose of any of your rights under these terms and conditions, without BDO’s prior written consent.

Recording and Media Release

  1. You acknowledge that parts or all of the Event may be recorded. You consent to being photographed and recorded (on film, digital, video, tape, or otherwise) during the course of your involvement with the Event and agree that all Intellectual Property Rights in such photographs and recordings, and any materials derived therefrom, (collectively the Event Materials), shall be the absolute property of BDO. You consent to BDO infringing, and waive, any Moral Rights you may have or become entitled to in any Event Materials. If you do not give consent in accordance with this clause, you acknowledge and agree that you must notify us in writing at least 2 business days in advance of the Event.
  2. You acknowledge that BDO may use the Event Materials in perpetuity to promote and exploit the Event in any media or on any platform (including media or platform yet to be invented), including by use on promotional material and merchandising. You hereby release and hold harmless BDO from any and all Loss arising out of or in connection with the use of the Event Materials.
  3. You acknowledge that your name, position and company name may be shared with one or more sponsors of the Event, by way of general information only as to attendees at the Event. The sponsor will not be permitted to use this information to contact you directly either before or after the Event. If you do not consent to this information being shared in accordance with this clause, you acknowledge and agree that you must notify us in writing within 7 days of registering for the Event or at least two weeks prior to the Event, whichever is the later.

Event Cancellation

  1. BDO reserves the right to cancel the Event for any reason at any time and without penalty. BDO will notify you of any cancellation of the Event as soon as practicable, and will apply any Fee which has already been paid by you in relation to the Event as a credit towards BDO’s next available event, unless you request a refund of the Fee in lieu of such credit.
  2. You acknowledge and agree that:
    • BDO will not be in breach of these terms and conditions by virtue of the cancellation; and
    • You will not be entitled to any further monies or have any further claim against BDO in respect of the cancellation.

Australian Consumer Law

  1. You may have rights under the Australian Consumer Law (in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and nothing in these terms and conditions should be interpreted as attempting to exclude, restrict or modify the application of those rights.

Limitation of Liability

  1. To the maximum extent permitted by law, BDO’s maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with the Event and/or the performance or non-performance of these terms and conditions, including any breach by the BDO of these terms and conditions however arising, in tort (including negligence), under any statute, custom, law or any other basis, is limited to the amount of any Fee paid by you in relation to the Event in accordance with these terms and conditions.

Indemnity

  1. Except to the extent caused or contributed to by the negligent act or omission, wilful misconduct or breach of these terms and conditions by BDO, you indemnify BDO against any Loss, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on an indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by BDO arising out of or in connection with any breach of these terms and conditions by you.

Confidentiality

  1. Both you and BDO agree to keep the Confidential Information of the other party secret and confidential, except;
    • To the extent necessary to comply with applicable law or court order;
    • To the extent necessary to comply with professional standards obligations, or reasonable internal insurance audit or governance obligations;
    • Where otherwise agreed between the parties in writing (including in accordance with clause 10 of these terms); or
    • Where disclosure is made on a confidential basis to that party’s professional advisers for the purpose of obtaining professional advice in respect of these terms and conditions.

Dispute Resolution

  1. If a dispute arises out of or in relation to these terms and conditions or the Event, the parties expressly agree to endeavour in good faith to settle the dispute in accordance with this clause before commencing legal proceedings, provided however that nothing in this clause shall prevent a party commencing urgent interim or interlocutory proceedings:
    • A party claiming that a dispute has arisen must give notice to the other party specifying the nature of the dispute;
    • On receipt of such notice, the parties must engage in good faith discussions in an attempt to resolve the dispute within 10 Business Days. Each party must be represented by an appropriately senior representative in such discussions;
    • If the dispute is not resolved within 10 Business Days or such longer period as may be agreed between the parties, then either party may refer the dispute to the Australian Disputes Centre (ADC) for mediation. The mediation must be conducted in accordance with the ADC Mediation Guidelines which set out the procedure to be adopted, the process of selection of the mediator and the costs involved;
    • If the dispute has not settled within 20 Business Days after mediation or such longer period as may be agreed between the parties, then either party may commence legal proceedings to obtain a final determination on the dispute.

Miscellaneous

  1. BDO may amend these terms and conditions by providing you with notice in writing.
  2. No party may rely on the words or conduct of the other party as being a waiver of any right, power or remedy arising under or in connection with these terms and conditions unless the other party expressly grants a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
  3. If any provision in these terms and conditions is, or is determined to be, unenforceable, illegal, voidable or void, it is severed from these terms and conditions and the rest of the terms and conditions shall remain in full force and effect.
  4. The parties acknowledge that these terms and conditions represent the entire agreement and understanding between the parties relating to the subject matter of these terms and conditions, and supersede any prior agreement, representation (written or oral) or understanding on anything connected with that subject matter.
  5. Any notice or other communication to or by any party in connection with these terms and conditions must be in writing, and must be left at the address of the recipient, sent by ordinary prepaid post to the address of the recipient, or sent by email to the email address of the recipient in accordance with the details listed in the online registration form. A notice or other communication is taken to be received;
    • in the case of delivery in person, when delivered;
    • in the case of delivery by post, on the fourth Business Day after posting; or
    • in the case of email, when the sender’s computer reports that the message has been delivered to the electronic mail address of the recipient;

but if delivery is made after 5.00pm on a business day it must be treated as received on the next business day in that place.

  1. These terms and conditions and any dispute or claim arising out of or in connection with the subject matter or formation thereof shall be governed and construed in accordance with the laws of Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia and the courts competent to determine appeals therefrom.
  2. Each party must promptly at its own cost do all things (including executing and delivering all documents) necessary or desirable to give full effect to these terms and conditions and the transactions contemplated by
  3. BDO Administration Pty Ltd ABN 85 134 036 490 is a member of a national association of independent entities which are all members of A.C.N. 050 110 275 Ltd ABN 77 050 110 275, an Australian company limited by guarantee. BDO Administration Pty Ltd and A.C.N. 050 110 275 Ltd are members of BDO International Ltd, a UK company limited by guarantee, and form part of the international BDO network of independent member firms. Liability limited by a scheme approved under Professional Standards Legislation.
    BDO is the brand name for the BDO network and for each of the BDO member firms.