In these Terms:
means Our written confirmation of the acceptance of Your Exhibitor Booking Form;
means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010
means 24 May 2024
means 24 January 2024
means the contract between Us and You, as detailed on the Partnership Agreement Terms, for Your exhibition at the Event;
means the non-refundable amount payable to Us equal to % of the Fee;
means the digital or in-person event (or any combination of these) as detailed on the Partnership Agreement;
means the fee to exhibit at the Event, as communicated to You by Us;
Force Majeure Event
means any event beyond the reasonable control of the parties including but not limited to accident, act of God, act or threat of terrorism or war, breakdown, epidemic, natural disaster, pandemic, import or export or travel restriction, or industrial dispute;
Full Payment Deadline
means 60 days from date of invoice;
means the Goods and Services Tax as defined in the A New Tax System (Goods and Services Tax) Act 1999
means any written documents containing any conditions, regulations, requirements or rules relevant to Your attendance at, and participation in, the Event, whether set by Us or the Venue;
means E Business Media Pty Ltd trading as AADA Convention and Expo (ABN 19 110 058 136);
means the amount of the Fee, less the Deposit and less the Unrecoverable Amount;
means the agreement proposed by Us to You for your participation at the Event;
means these Exhibitor Terms & Conditions;
means an amount equal to the total of Our reasonable administration costs and expenses, and any other amounts relating to the Contract that We have paid or must to pay to any third party and cannot avoid or recover; and
means the Exhibitor (organisation or person) requesting to enter into a Contract with Us for the Event (as specified on the Partnership Agreement), and includes Your agents, contractors, employees and officers.
2. Basis of Contract
2.1 We are not the Australian Automotive Dealer Association, and operate the Event independently.
2.2 Unless otherwise agreed by Us in writing, these Terms (and the terms of any applicable Partnership Agreement) apply exclusively to the Contract.
2.3 These Terms prevail to the extent of any inconsistency with the terms of any applicable Partnership Agreement.
2.4 By submitting a Partnership Agreement, You agree to be bound by these Terms and enter into a Contract.
2.5 A Contract is formed when We confirm Acceptance.
2.6 We may elect not to accept a PartnershipAgreement, in which case:
2.7 Your application to exhibit at the Event will be deemed unsuccessful; and
2.8 We will refund any payments We have received from You referable to the relevant Partnership Agreement.
3.1 The Fee is correct at the time of publication.
3.2 We reserve the right to vary the Fee at any time, and such variation will only apply to Agreements made after that time.
3.3 Unless otherwise expressly stated, the Fee excludes any and all applicable GST, duties or taxes.
4.1 For Agreements made before the Booking Deadline, You must pay to Us:
(a) a Deposit within 48 hours of Acceptance; and
(b) the balance of the Fee by the earlier of:
(i) the Full Payment Deadline; or
(ii) 60 days from Acceptance.
4.2 For Agreements made after the Booking Deadline, You must pay to Us the full Fee by the earlier of:
(a) the Full Payment Deadline; or
(b) 48 hours from Acceptance.
4.3 The time for payment is of the essence.
4.4 If You fail to make payment as required by this clause 4, We may terminate the Contract under clause 1(a).
5. Exhibition spaces
5.1 We allocate exhibition spaces in Our discretion in order of Acceptance, on a “first-Accepted, first served” basis, and You agree to accept the exhibition space allocated to You.
5.2 Unless otherwise agreed by Us in writing, You must not:
(a) assign, share or sublet all or any part of Your allocated exhibition space;
(b) display or erect any sign or obstruction beyond Your allocated exhibition space, whether or not into an adjoining exhibitor’s space or common area;
(c) damage in any way any ceilings, floors, walls or other surfaces of the exhibition space or Venue; or
(d) do anything that may vary or render void or voidable any insurance policy maintained by Us or the Venue.
5.2 You acknowledge and agree:
(a) the dates and times You may access Your allocated exhibition space (including for bump-in and bump-out) are usually set by the Venue, and will be notified by Us to You; and
(b) You must not access Your allocated exhibition space or the Venue except as expressly allowed.
5.3 Unless otherwise agreed in writing, You must not begin dismantling or removing any items from Your allocated exhibition space before the Event’s published closing time.
6.1 We make no guarantee or representation as to the number of attendees, delegates or other parties at the Event.
6.2 We exclude any and all liability of any kind whatsoever should the number of attendees, delegates or other parties at the Event not meet Your expectations.
7.1 You may request a copy of any Manuals prior to, or at any time after, entering into a Contract.
7.2 The Manuals may be updated or varied from time to time, and We will use reasonable efforts to notify You of changes.
7.3 You must comply with:
(a) the provisions of the Manuals as if they form part of these Terms; and
8. No endorsement
(b) any reasonable verbal or written directions given by Us or the Venue while You are at, entering or departing the Venue (including without limitation in respect of acceptable noise levels emanating from Your exhibition space).
8.1 You acknowledge and agree:
(a) the fact that You may exhibit at the Event, and that Your details may be included in the Event’s program booklet, online app and/or other directories does not imply Our endorsement of Your products or services; and
(b) You must not, in any advertising or promotional activity or material, imply or represent that We in any way endorse Your products or services.
9.1 You acknowledge and agree that You will:
10. Risk management
(b) comply strictly with the requirements of the Privacy Act in dealing with any and all personal information You may collect, receive, have access to, hold, use, disclose, store and/or destroy in connection with the Event; and
(c) not engage in any conduct that causes or contributes to Us breaching any provision of the Privacy Act.
10.1 You acknowledge that You exhibit at the Event, and enter and use the Venue and any and all associated facilities, at Your own risk.
10.2 By bringing any equipment, materials, items or samples (Products
) to the Venue, You warrant that they are compliant with all relevant standards, will function without loss or damage to persons or property, and are safe.
10.3 Your supply of the Products and any other goods or services to any person before, during or after the Event, is at Your own risk.
10.4 You must hold and maintain the following insurance policies covering Your Products and Your allocated exhibition space for the duration of Your involvement in the Event (including any bump-in and bump-out periods):
(a) employer’s liability;
(b) public liability; and
(c) product liability (where relevant);
each with coverage of at least $10 million per event.
10.5 If You wish to engage additional security personnel beyond the security personnel provided at the Venue, You do so at Your own cost, and You must seek Our prior consent (which must not be unreasonably withheld).
11. Unavoidable occurrences
11.1 If, for reasons beyond Our control, it is necessary to reallocate, redesign or vary the dimensions, floorplan or location of Your allocated exhibition space, We will use reasonable efforts to ensure any alternate allocation is as close as reasonably practicable to Your original allocation (Variation
). You must accept such Variation.
11.2 Subject to clause 11.3, neither party is liable in any way to the extent it is prevented from acting by a Force Majeure Event.
11.3 If all or any part of the Event is cancelled, suspended or varied on account of a:
(a) decision of the Venue; or
(b)Force Majeure Event;
(c) and You suffer damage or loss as a result, You acknowledge and agree that to the maximum extent permitted at law, Your entitlement to recovery from Us is limited to recovery of the Recoverable Amount.
11.4 Nothing in clause 2 operates to excuse You from any obligation to pay money to Us.
12.1 You must notify Us in writing if You wish to cancel or relinquish Your allocated exhibition space.
12.2 If You seek to cancel or relinquish Your allocated exhibition space:
(a) prior to the Cancellation Deadline:
(i) You must immediately pay to Us any unpaid Deposit;
(b) after the Cancellation Deadline:
(ii) We may retain any Deposit paid by You; and
(iii) We will refund You any amounts You have paid to Us in excess of the Deposit; or
(i) You must immediately pay to Us any unpaid Fee;
(ii) We may retain all amounts paid to Us by You except for the Recoverable Amount; and
(iii) subject to You having paid the Fee in full, We will refund to You the Recoverable Amount.
12.3 In the event of Your cancellation We will use reasonable efforts to resell Your allocated exhibition space.
12.4 If We resell Your cancelled exhibition space under clause 3, We will refund all amounts paid by You to Us less an amount for Our reasonable administration costs and expenses.
13.1 Subject to any applicable statutory stay of proceedings, a party (Non-Defaulting Party
) may terminate a Contract immediately by giving written notice to another party (Defaulting Party
(a) breaches an obligation owed under clause 4;
(b) breaches any other Term, or a term of any relevant Partnership Agreement, or a term of any Manual, or an applicable law or regulatory requirement, and fails to remedy such breach within 5 days of written notice from the Non-Defaulting Party requiring such breach to be remedied; or
(c) ceases to carry on business, commits an act of bankruptcy or insolvency, or has a trustee, receiver, administrator or similar functionary appointed in respect of its assets.
13.2 Termination of a Contract does not relieve a party of liability to the other party in respect of the rights or remedies of the other party that accrued prior to termination.
14.1 We exclude liability for and You release Us from any and all:
(a) damage to, or loss of, any of Your Products or other belongings brought by You or on Your behalf to the Venue, except to the extent such damage or loss arises from Our wilful acts or omissions; and
(b) consequential, indirect or special loss claimed or suffered by You or any third party arising from or in connection with the Event, except to the extent of any liability imposed by the ACL.
14.2 Where We are liable to You under clause 14.1, Our liability is limited to an amount equivalent to the Fee.
14.3 If You are a consumer as defined in the ACL, nothing in these Terms restricts, limits or modifies Your rights or remedies against Us for failure of a statutory guarantee under the ACL.
14.4 Nothing in these Terms is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to Our supply of goods or services which cannot be so excluded, restricted or modified.
14.5 You are liable for and indemnify Us from and against any and all actions, suits, proceedings, claims, demands costs and expenses that We suffer or incur in connection with Your wilful acts or omissions or breach of this Contract.
14.6 Nothing in this clause 14 derogates or detracts from any obligations imposed by the Venue, which are additional.
15.1 The law of Victoria from time to time governs the Terms.
15.2 The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
15.3 If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.
15.4 A failure by a party to enforce any of these Terms will not be construed as a waiver of any of that party’s rights.
15.5 We may amend or vary these Terms by written notice to You, and any amendment or variation will apply to Agreements made after the notice date.