A. The Asia Pacific Centre for Franchising Excellence (“The Franchise Centre”) at Griffith University is hosting the Event with Asiawide Franchise Consultants based in Singapore.
B. The Participant wishes to register and participate in the Event.
C. These Terms and Conditions of Participation are to be read in conjunction with the Event Brochure and further details, such as the Final Program for the Event, made available on The Franchise Centre website www.franchise.edu.au. In the event of any inconsistency, the Terms and Conditions of Participation take precedence to the extent of the consistency.
D. Upon registration an agreement is entered into between Griffith University and the Participant
TERMS AND CONDITIONS
Agreement: means these Terms and Conditions of Participation, the Event Brochure, the Final Program and the Registration Form.
Deposit: means the amount of $500 to be paid when registering for the Event.
Event: means the Franchise Delegation to Shanghai and Chongqing, China commencing on 31 October 2017 and concluding on 4 November 2017.
Event Brochure: means the brochure specific to the Event contained on the Franchise Centre website or circulated in hard copy and which contains details of the Event as may be updated from time to time.
Participation Fee: means the amount of $4,700, which is required to be paid by the Participant to attend the Event and the balance of which (after payment of the deposit) must be fully paid by 30 September 2017 (“due date”). The Fee does not include the cost of or travel arrangements to and from China.
Registration Form: means the online registration form, specific to the Event which is available on the Franchise Centre website.
Payment of the Deposit and the balance of the Participation Fee can be made online via the Franchise Centre website. Griffith will provide the Participant with a receipted tax invoice once full payment is made. In the event that a Participant pays the deposit but fails to pay the full amount by the due date, the Franchise Centre may deem the application to have been withdrawn by the Participant.
3. Associated Costs:
Where a Participant has requirements beyond what is specified in the Event program, the Participant shall bear all additional costs involved, make all arrangements and accept all responsibility.
4. Acknowledgment of Risk:
The Participant acknowledges and accepts that its participation in the Event may expose it and its representatives to the risk of damage, loss or harm. The Participant acknowledges this risk and agrees that it will not hold Griffith University responsible for any damage, loss or harm, however it was caused, as a consequence of its participation in the Event.
It is strongly recommended that each Participant consider the travel advice issued by the Department of Foreign Affairs and Trade (DFAT) for China where the Event will be held and for any countries which the Participant or its representatives will enter in transit. Travel advice can be viewed at www.smarttraveller.gov.au. The Participant acknowledges that it is solely responsible for making itself aware of all relevant information and travel advice.
The Participant must ensure that it takes out appropriate insurance to cover risks, including travel insurance, which may arise due to the Participant's involvement in the Event and that insurance is maintained at all relevant times. The Participant agrees to provide Griffith University upon request with proof of insurance cover.
Griffith University recommends that each Participant seek professional advice concerning the risks and relevant insurances relating to its participation in the Event.
Griffith University reserves the right to immediately suspend or terminate services under this Agreement to any Participant, at its sole discretion and without liability if it considers that the conduct of a Participant may impact negativity on other Participants or the Event or bring other parties or Griffith University into disrepute. Considerations will include, but are not limited to, potential breaches of Australian or local law, immoral acts or unethical, aggressive or disruptive behaviour.
7. Changes to Event:
The Franchise Centre will endeavour to ensure that the Event proceeds in accordance with the details in the Event Brochure and the Final Program. The Franchise Centre may, at its sole discretion, make changes to the Event at any time without prior notice to the Participant.
8. Withdrawal or Cancellation by Participant:
Griffith University accepts no responsibility if a Participant’s withdraws from or cancels its participation in the Event.
If a Participant withdraws from the Event by 30 September 2017, any deposit and or Participation Fee already paid will be refunded but may be subject to an administration fee.
If a Participant cancels after 30 September 2017, the Participant will be liable for any administration fee and a proportion of direct costs which have already been incurred by Griffith University (for which it cannot obtain a refund) or for which the University has a contractual obligation to pay, up to the full value of the Participation Fee.
10. Cancellation or Postponement of Event by the Franchise Centre:
The Franchise Centre may cancel or postpone the Event at any time if:
a. the risk to persons or property is considered (because of DFAT’s travel advice or other changed circumstances) by Griffith University, in its absolute discretion, to be unacceptable;
b. for reasons beyond its Control, the Event is unlikely to achieve its purpose. Examples of this may be that The Franchise Expo in Chongqing is cancelled and/or that site visits to franchise outlets and meetings with Chinese franchisors are no longer possible, for any reason; or
c. insufficient number of Participants have registered.
If the Franchise Centre cancels or postpones the Event, it will notify the Participant as soon as practicable.
If the Franchise Centre cancels the Event, Griffith University will make all reasonable endeavours to refund the Participation Fee (or as much of the Fee as possible) to the Participant within 30 days of cancellation. However, cancellation under clause 10.1 a. or b. will be subject to the deduction of any monies already paid by the University for which it is unable to obtain a refund.
The Participant acknowledges and agrees that Griffith University will not be liable to pay compensation, damages or costs to the Participant under any circumstances, including, without limitation, if the Event is cancelled or postponed pursuant to clause 10.
The Participant releases, discharges and indemnifies Griffith University, its employees, contractors and agents (the indemnified) against all actions, proceedings, claims and demands which may be brought against or made upon the indemnified by any person in respect of any loss, damage or injury (including death) occurring to any person or property arising out of or in connection with the Participant's involvement in the Event.
This indemnity includes any costs incurred by Griffith University (including legal costs on a solicitor-client basis) in defending any actions, proceedings, claims and demands or in being represented at proceedings, inquiries or inquests.
13. Termination Rights:
Griffith University reserves the right to suspend or terminate services under this Agreement at its sole discretion and without liability if it considers there to be a breach of any Australian or local (foreign) law, including anti-bribery laws under the Australian Criminal Code, by a Participant or where ongoing provision of services may bring Participants or Griffith University into disrepute.
In the event of suspension or termination under clause 6 or this clause 13, no refund will be payable to a Participant.
14. Force Majeure:
Griffith University will not be liable to a Participant for any loss suffered, nor be in default under this Agreement for any delay, failure or interruption resulting directly or indirectly from industrial action, blackouts, fire, war, terrorism, civil or military unrest, explosions, earthquakes, floods, labour disputes, acts of God or any other event or cause beyond its control, or if the attendance at the Event is adversely impacted by any of the causes nominated by this clause. In all such circumstances Griffith University will not be under any obligation to refund any part of the Participation Fee paid by the Participant.
15. Employees, Agents and Contractors of Participant:
Any rights conferred upon the Participants are deemed to have been conferred upon the Participant and its employees, agents and contractors and any breach of these terms and conditions by any employee, contractor, licensee or invitee of the Participant constitutes a breach of this Agreement by the Participant.
16. Intellectual Property:
The Participant shall indemnify Griffith University from and against all claims, liabilities, losses (including fines and penalties), damages and reasonable costs arising from any claim, suit or action (including legal costs and expenses) arising from reliance on information provided by the Participant for use by Griffith University or for any breaches of third party intellectual property.
The Participant consents to the personal information in the Registration Form being collected and used by The Franchise Centre or its contracted service providers for the purpose of informing the Participant of other services, Events, opportunities, seminars, conferences, trade fairs and other Franchise related activities that may be organised or promoted by The Franchise Centre.
Notwithstanding the above consent, all personal information collected under this clause will only be used for the purpose for which it was provided and in accordance with the Information Privacy Act (QLD) 2009.
A provision of this Agreement can only be varied by a later written document executed by or on behalf of Griffith University and the Participant.
19. Applicable law:
These terms and conditions are governed by and to be construed in accordance with the laws of Queensland (QLD). The Participant irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts.
If any term, condition, provision or covenant contained in this Agreement is determined to be illegal, void, prohibited, invalid or otherwise unenforceable, it will be severed from these terms and conditions and the remaining terms and conditions will survive and remain in full force and effect.
21. Survival on termination:
All indemnities survive termination of this Agreement.