1) Acceptance of Agreement
The Organiser accepts your application to exhibit at, or sponsor part of the Conference upon:
a) Completion of the online application form;
b) The Organiser receiving the fees payable by you under this Agreement;
c) All applications are subject to the final approval by the Organising Committee on behalf of VALA – Libraries, Technology and the Future Inc. (VALA).
2) Fees
You must pay the Organiser the Fees upon accepting this Agreement.
3) Entitlements
In consideration of payment of the Fees, the Organiser must provide you with the entitlements set out in the published prospectus or in the accompanying correspondence.
4) Liability and Insurance
Subject to clause 5, you and your servants, agents and contractors occupy and use the Exhibition space/booth allotted under this Agreement and enter the Venue and act under or pursuant to this Agreement at your own risk.
You hereby indemnify and release the Organiser, the Venue Managers and the Host against all actions, suits, costs, claims and demands brought against them by any person firm or corporation for any damage or loss caused directly or indirectly to or suffered by any person firm or corporation as a result of any act or default of you or your servants, agents, contractors or your invitees. This includes any results directly or indirectly from their attendance at the Conference including travel to and from such venues and without limiting the foregoing the Organiser, the Venue Managers and Hosts or any of them shall not in any circumstances be liable for any loss damage or injury which may occur to you, your servants, agents or contractors or your invitees for any damage to their property including damage to exhibits, plant, equipment, fixtures, fittings or other property whatsoever or for any loss of profits which they may suffer howsoever caused.
It is your responsibility to have adequate insurance coverage to cover the cost of any loss you may suffer in relation to your equipment, exhibit and display materials. Public Liability insurance is mandatory whilst onsite at the venue. A copy of the Insurance Certificate of Currency should be brought onsite. $20,000,000 coverage of Public Liability insurance is recommended.
5) Implied Warranties
In the event any statute implies any term condition or warranty into this Agreement which cannot be lawfully excluded, such terms will apply to this agreement, save that the liability of the Organisers and each of them for breach of any such implied term will be limited, at the option of the Organisers, to any one or more of the following:
a) the replacement of goods to which the breach relates or the supply of equivalent goods;
b) the repair of such goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d) the payment of the cost of having the goods repaired.
6) Consequential Damage
The Organiser, Venue Managers and Hosts will not be liable for any indirect or consequential damages or loss suffered in connection with this Agreement.
7) Security
You must comply with all instructions relating to the security of the Venue as issued by the Venue Managers.
The Organiser, Venue Managers and the Host and their officers and employees, separately or collectively, are not responsible for any damage to or for the loss or destruction of an exhibit from fire or theft or accidents or injury resulting from such causes. Security staff dedicated to duty in the Exhibitor’s booth area can be engaged at the Exhibitor’s cost.
8) Additional Conditions and Regulations
You, your servants, agents, contractors and invitees must observe the conditions, rules, regulations and procedures of the Venue Managers in relation to the Conference and the Venue, which are available for inspection on request.
9) Variations
The Organiser may in the event of any circumstance which renders it necessary vary the booth or stand space allocation and the Exhibitor will accept such re-allocation without any claim for a reduction in charges or otherwise.
10) Unavoidable Occurrences
In the event that the Conference is cancelled or delayed through no fault of the Organiser, the Venue Manager, and Hosts including but not limited to fire, flood, labour disputes, natural disasters, acts of God, civil disorders, riots, insurrections, work stoppages, slowdowns or disputes, or other similar events then the Exhibitor shall not be entitled to any refund or to claim for any loss or damage.
11) Assignments and Subletting
You shall not assign, sublet or share the whole or any part of the space booth allotted without the knowledge and consent of the Organiser.
12) Hours
The Organiser shall determine the hours during which the Conference shall be conducted and the times you will be able to access the venue.
13) Cancellation by Sponsor or Exhibitor/Deposit Payment/Balance of Payment
All cancellations of a sponsorship package or an exhibition booth space must be received in writing to the Conference Organiser’s Office.
In the event of the cancellation of sponsorship and/or exhibition booth space, unless that particular area of sponsorship or exhibition is resold, the Host reserves the right to retain all monies received. If the balance of payment is not received by the due date, the allocated sponsorship and/or exhibition will be cancelled.
Payment (upon booking) of 50% is required to secure booth space or sponsorship packages space within 14 days of receipt of invoice. The balance is due for payment by Thursday 30 September 2021. Any booth or sponsorship package cancelled after Thursday 30 September 2021 will incur 100% forfeit.
14) Covid-19 Considerations
a) Border Closure Cancellation
The Governments in various States, Territories or Countries have imposed at times and may in future impose border closures or border restrictions in its response to the COVID-19 pandemic. The attendees acknowledge that the COVID-19 Border Closures are outside the control of the Host.
Should border closures occur that prevent a sponsor from attending the Conference and the Conference proceeds, your sponsorship entitlements will be delivered in line with modified entitlements so no refund will be made.
Should border closures occur that prevent an exhibitor from attending the Conference and the Conference proceeds, discussion will be held with you to determine how the your stand at the Conference can be facilitated on your behalf.
b) Cancellation/Postponement/Conversion to a Virtual Conference by VALA
The Host may cancel, postpone or convert to a fully online virtual event due to circumstances beyond its reasonable control, including but not limited to Acts of God, terrorism, war, strikes or industrial action, fire, explosion, inevitable accident, breakdown of property, changes in law, border closures, pandemics or global health crises.
In the event of a full cancellation of the Conference by the Host you will be entitled to a full refund of the fees paid to the Conference for sponsor or exhibition packages.
In the event of postponement of the Conference, if, when requested, you advise that you are willing to attend the rescheduled Conference (as either a face to face or virtual event); the Host will transfer the fees and guarantee the same conditions and equivalent entitlements (subject to reasonable modification and availability) at the rescheduled event. If, at a later date, you then choose not to attend the rescheduled Conference, the Hosts will not be required to refund any part of the Conference fees.
In the event the face to face components of the Conference are not able to proceed as planned and it is moved to a fully virtual format on the same dates, sponsorship and/or exhibition fees will be transferred to the virtual Conference (which will include a virtual exhibition and a full range of sponsor entitlements subject to reasonable modification and availability). If you choose not to participate in the virtual Conference, the Hosts will not be required to refund any part of the Conference sponsorship or exhibition fee.
The maximum liability of the Host under these Terms and Conditions is limited to a refund of the Conference sponsor and exhibition Fees with no additional liability for travel costs, hotel costs, or any other associated costs.
15) Definitions
Agreement means these terms and conditions together with the sponsorship and exhibition prospectus and any application form.
Conference means VALA2022 8-10 February 2022
Fees means the fee payable by you to the Organiser as set out in the published prospectus or in subsequent correspondence.
Organiser means WALDRONSMITH Management (ABN 59 115 015 953) of 119 Buckhurst Street, South Melbourne, Victoria.
Host means VALA – Libraries, Technology and the Future Inc (VALA)
Organising Committee means representatives of The Hosts
You includes your company, your agents, and contractors and invitees.
Venue means the premises of the Venue Owner at which the Conference is being held – Melbourne Convention Exhibition Centre.
Venue Managers means each of the Organiser, Host, Eljohn Pty Ltd (the VALA Secretariat), Equipment Suppliers, VALA2022 Organising Committee and Venue Owner
Venue Owner means Melbourne Convention Exhibition Centre