EVENT TERMS AND CONDITIONS
1. The Organiser reserves the right to alter or add to these conditions as may be necessary for compliance with any laws, or with any directions given by the owner/lessor of the Venue, to comply with any Organiser policies and generally for the efficient running of CRF. The Sponsor or Exhibitor (“the Exhibitor”) agrees to be bound by these conditions and to any further terms and conditions and any amendments posted on the website or communicated to the Exhibitor.
Defined Terms:
“CRF” means the Credit Risk & Fraud Summit event.
“Event Contract” means the document accompanying this agreement which sets out the name of the Exhibitor, fees payable, stand number, products or services to be displayed and other information relevant to the Exhibitor's use of the Site, and forms part of the agreement.
”Exhibitor” includes all employees and agents of any individual, partnership or company exhibiting or sponsoring the Event.
“H&S” means Health and Safety.
“HSWA” means the Health and Safety at Work Act 2015.
“Force Majeure” means an event or occurrence which is beyond a party's reasonable control (including, without limitation, acts of God or the public enemy, flood, earthquake, storm, cyclone, tornado, hurricane, lightning, fire, explosion, epidemic, pandemic, NZ government or local authority order, war, embargoes, riot or civil disturbances, sabotage, expropriation, confiscation or requisitioning of facilities, the imposition of disabling exchange rate controls, orders or temporary or permanent injunctions of any duly constituted court of competent jurisdiction); and which the affected party could not have reasonably foreseen or taken reasonable measures to prevent.
”Organiser” means Happy Prime Consultancy Limited (NZBN 6528038) and includes related companies as defined in the Companies Act 1993.
“Site” means that area reserved by the Exhibitor within the Venue.
“Venue” means the location on which the Credit Risk & Fraud Summit is held.
Health and Safety
2. Exhibitors must:
a. at all times comply with HSWA. Exhibitors are responsible for their safety and the safety of others who may be impacted by their activities on the Site and within the Venue.
b. complete a H&S survey, declaring all risks or hazards that will be introduced onto the site, to the Organiser’s satisfaction provided by the Organiser prior to the Exhibitor being inducted onto the Venue and any works being undertaken on the Exhibitor’s Site.
c. not introduce any feature including (but not limited to) interactive features, including exhibits, tools, machinery or other display or interactive item onto their Site which has not received pre-approval from the Organiser.
d. operate the Site in compliance with all of the Organiser’s policies, procedures and requirements, as advised by the Organiser at any time.
e. identify and manage all risks and hazards on their Site during CRF in accordance with the requirements of HSWA, approved codes of practice and the Organiser’s policies.
f. examine their displays for hazards and take steps to eliminate, protect and mitigate against potential injury to the greatest extent practical. Exhibitors must ensure any displays or features of their Site that may create a hazard are isolated to prevent access or harm. A barrier must be positioned at such distance from the activity to further reduce and/or eliminate risk to any third party.
g. ensure that persons under the age of 17 do not undertake work on the Site, during, before or after the CRF without prior approval by the Organiser.
h. notify the Organiser of all H&S incidents that occur on Site including notifiable events, injuries, work or incidents as soon as practicable and ensure that the scene of notifiable incidents, events or injuries is secured and not tampered with in accordance with HSWA.
i. where H&S issues are identified as part of an inspection, rectify the H&S issue without delay to the satisfaction of the Organiser. The Organiser reserves the right to close sites or activities if they pose a risk to members of the public. There will be no compensation provided to the Exhibitor where the Organiser closes a site as a result of this clause.
j. ensure all persons working on the Site undergo a H&S induction. Persons who do not complete the H&S induction may be removed from the Venue or trespassed from the venue at the discretion of the Organiser. Where a person has failed to comply with this section they will not be eligible for a refund irrespective of any other terms and conditions of this Agreement.
3. All electrical equipment must be tested and have a current tag. Power will not be supplied unless all equipment (including extension leads) is tested and tagged to the satisfaction of the Organiser. A breach of this clause will result in power being disconnected from the Exhibitors Site. Exhibitors must:
a. ensure all suppliers only supply items that are tagged and tested.
b. use Earth Leakage System to comply with AS/NZS:3002 Electrical Installations (Shows & Carnivals).
d. only use power leads labelled with the Exhibitors company name and site number.
e. not undertake any electrical work on the Site or within the Venue.
f. ensure the installation of overhead cables external to any marquee or structure is approved by the Organisers contracted electrical supplier prior to installation.
g. ensure any cable which is suspended above the ground is marked with bunting.
4. Exhibitors with displays on the Site that allow members of the public to move or examine items, must ensure that items are ones that cannot cause injury, and if moved can be returned safely to the original position.
5. Displays or exhibits involving equipment that requires training or specialised knowledge to operate must only be operated by competent, trained persons. Exhibitors must ensure all risks associated with this activity have been disclosed to the Organiser prior to CRF and have written approval to operate them. Segregation and guarding of live equipment must comply with the AS/NZ standards and any approved codes of practice or Worksafe guidelines.
6. The Exhibitor shall not take onto or cause to be taken onto the Venue any dangerous goods except in accordance with the prior written approval of the Organiser. The Exhibitor shall comply with all statutory requirements (including the Health and Safety at Work (Hazardous Substances) Regulations 2017 and the Hazardous Substances and New Organisms Act 1996) as to the safety and the handling of dangerous goods. The Organiser reserves the right to ban or prohibit certain dangerous goods or hazardous substances from the Venue. Where exhibitors have dangerous or hazardous goods on site, these must be in the correct container for the substance, be correctly labelled and a Safety Data sheet must be on site for the substance. Where signage is required for hazardous goods, these must be fitted and displayed.
Sites and Permitted Products
7. The Exhibitor acknowledges that the location and placement of all Sites (including the Site) within the Venue is at the sole discretion of the Organiser. The Exhibitor is not permitted to share a Site with any third party (including any other Exhibitor at CRF).
8. The Exhibitor may only sell or distribute the products permitted prior in writing by the Organiser from the Site at CRF. The Exhibitor is not permitted to sell or distribute any products not permitted or any other products outside their Site at CRF.
9. No unauthorised “piggy-backing”, subletting, assignment, on-selling or space farming is permitted at CRF.
10. Exhibitors who invite other firms to display or demonstrate at their Site must ensure that the firms concerned hold a contract with the Organiser and pay the sublet charge, or the original Exhibitor shall be liable to pay the sublet charge themselves.
11. No Exhibitor may display at their Site the name of any firm which is not an Exhibitor and has not paid the sublet fee. Equipment which is not represented by the manufacturer or a distributor may not be demonstrated or allowed onto another Exhibitors Site.
12. The Organiser may inspect the Site from time to time during CRF. The Organiser may instruct the Exhibitor to make changes regarding the operation of their Site, storing or receiving of Permitted Products, disposal of waste from the Site, Health and Safety Risks within the Site and/or any other matter relating to the Site. The Exhibitor must immediately comply with any instructions directed by the Organiser.
13. The Exhibitor warrants that:
a. it will operate the Site in a proper and professional manner and will ensure that the Site is properly staffed by competent representatives;
b. it will keep the Site properly maintained and cleaned, and keep passageways adjacent to its Site free from obstruction;
c. at all times its conduct will not bring discredit to CRF, the Organiser or cause any nuisance or disruption to CRF or The Organiser;
d. it and its workers/representatives will comply with all laws and regulations and policies (including, without limitation, the Health and Safety at Work Act 2015 (HSWA), HSWA Regulations, laws related to the preparation and distribution of food and beverage items) in connection with the operation of the Site and it will have all permits and licences required for it to operate the Site and sell or distribute the Permitted Products at CRF; and
e. it has the authority to enter into and perform its obligations under this Agreement and this Agreement constitutes its legal, valid and binding obligations enforceable in accordance with its terms.
14. The Exhibitor undertakes to have its Site ready and completed by such time as shall be notified by the Organiser to the Exhibitor.
Demonstrations
15. Exhibitors who demonstrate on their own Site should do so in co-operation with neighbouring Exhibitors. This applies particularly to demonstrations that are noisy, use speakers or generally could interrupt promotions on other stands..
Fees and Payment
16. The Exhibitor shall be liable for payments as stipulated in the Event Contract at the times stipulated.
17. The Exhibitor shall be liable for any taxes, duties, fees or charges which might now or at any time hereafter become liable in respect of this agreement and the Exhibitor agrees to indemnify the Organiser in respect of such taxes, duties, fees or charges.
No representation and limit of liability
18. The Exhibitor participates in CRF at its own risk and after undertaking its own due diligence regarding CRF.
19. The Exhibitor acknowledges that The Organiser does not make any representation or give any warranty with respect to CRF, including as to the success or profitability for the Exhibitor in participating in CRF, the number or type of clientele that will visit CRF and/or the suitability of the Permitted Products for CRF.
20. To the extent permitted by law, the Organiser excludes all warranties regarding the Site, the Venue and/or CRF whatsoever.
21. The Exhibitor further acknowledges that the location and placement of the Exhibitor’s Site during CRF will be at the sole discretion of The Organiser.
22. The Organiser’s liability under this agreement is limited to the fees actually paid by the Exhibitor to the Organiser. In no circumstances will the Organiser be liable to the Exhibitor for any indirect, incidental, special and/or consequential losses or damages or for loss of profits or opportunity arising directly or indirectly in connection with this agreement and/or CRF.
Termination or cancellation
23. Termination by Exhibitor
a. 90 days or more before the CRF: The Organiser retains 50% of the total fees specified in the Event Contract and may pursue payment if not received as per this Agreement.
b . Less than 90 days before the CRF: The Organiser retains 100% of the total fees specified in the Event Contract and may pursue further payments as per this Agreement.
24. Termination by Organiser
The Organiser may terminate this Agreement, a Site booking, or cancel the CRF with prior written notice to the Exhibitor for the following reasons:
a. The Exhibitor is unable or unwilling to fulfil its obligations under this Agreement;
b. The Exhibitor fails to comply with this Agreement or any of the Organiser's policies, or breaches this Agreement; or
c. Government-imposed restrictions or for any other reason.
25. If the Organiser terminates this Agreement or a Site booking under Clause 24(a) or 24(b), the following conditions apply:
a. 90 days or more before the CRF: The Organiser retains 50% of the total fees specified in the Event Contract and may pursue payment if not received as per this Agreement.
b. Less than 90 days before the CRF: The Organiser retains 100% of the total fees specified in the Event Contract and may pursue further payments as per this Agreement.
24. f the Organiser terminates this Agreement or a Site booking or cancels the CRF under Clause 24(c), any refund of fees paid shall be at the Organiser’s discretion, notwithstanding that a portion may be retained to repay expenses/costs.
25. Post termination obligations: Upon termination of this Agreement, a Site booking, or CRF cancellation, the Exhibitor must vacate its Site and remove its exhibits from the Venue as directed by the Organiser. The Organiser may remove and dispatch the exhibits to the Exhibitor's address stated in this Agreement, with the costs becoming a debt due by the Exhibitor to the Organiser.
26. Liability and Compensation: Except as specified in Clauses 22 to 25, the Organiser is not liable for any compensation, refund, or damages, including loss of profits, arising from any termination, cancellation, or postponement. The Organiser may retain any money paid or recover any money not paid by the Exhibitor as per this Agreement.
27. Notification of Postponement: The Organiser will notify the Exhibitor in writing as soon as reasonably practicable if the CRF is postponed.
Risk and Insurance
28. All property of the Exhibitor is brought onto the Venue at the risk of the Exhibitor.
29. The Exhibitor will take out and maintain during CRF the following policies of insurance with a reputable insurer; public and product liability insurance with cover for an amount not less than $1 million for each occurrence and an excess of no more than $5,000 per claim.
30. The Exhibitor will provide The Organiser with evidence of the above insurance policies at or before the time of the final payment required to be made by the Exhibitor under the Event Contract or at any time at the request of the Organiser. The Exhibitor will ensure that the interests of The Organiser and CRF are noted on the public and product liability policy.
Indemnity
31. The Exhibitor shall be responsible for, and shall indemnify the Organiser from and against liabilities, losses, damages, claims, costs and expenses incurred directly or indirectly in connection with:
a. the Exhibitor’s operation of the Site at CRF and/or participation in CRF;
b. the sale and/or distribution (whether for payment or otherwise) of any permitted products or other products by the Exhibitor on the Site;
c. any act or omission of the Exhibitor, its employees, agents and contractors;
d. any breach of any Laws by the Exhibitor, its employees, agents and/or contractors; and
e. any breach of this Agreement by the Exhibitor.
Removal of Site display
32. The Exhibitor shall not remove or dismantle any part of its Site display prior to the official closing time of CRF.
33. All Sites are to be returned to original condition at the end of CRF.
34. The Exhibitor must make any necessary repair, and to remove all gear, machinery, equipment, marquees and structures by 5.00 pm on the last day of the stipulated breakdown period. Any repairs not affected will be repaired by the Organiser and any such equipment or other items remaining within the Venue after this period will be removed by the Organiser and the costs passed on to the Exhibitor.
35. The Exhibitor agrees to pay any costs charged to the Organiser as a result of the Exhibitor’s non-compliance with these conditions.
Prohibited Activities
36. Exhibitors shall not conduct any raffle, competition, game or sell by auction, not first approved in writing by the Organiser.
37.The distribution of any form of promotional material, signs, placards or advertisements or other forms of marketing outside of the Exhibitor’s Site boundary is prohibited without the permission of the Organiser.
38. The Exhibitor shall not without the prior written permission of the Organiser display any exhibit or product (including demonstration machinery) or attraction which does not in the opinion of the Organiser fall within the subject of CRF.
39. The Exhibitor shall not paint or otherwise mark or damage any panel, floors or walls. The Exhibitor shall be responsible for the cost of remedying any breach of this clause.
40. The Exhibitor shall ensure passes supplied for the exclusive use of its employees or agents are not used by unauthorised persons or otherwise misused. The Organiser may in its absolute discretion refuse any person admission to CRF.
Force majeure
41. The Organiser will not be liable for any delay or failure to perform its obligations to the extent that such delay or failure results from a Force Majeure Event and while the Force Majeure Event continues. The Organiser will give the Exhibitor written notice as soon as reasonably possible containing details of the circumstances giving rise to the Force Majeure Event. The Exhibitor acknowledges and agrees that it will not be entitled to a refund of any fees paid where a Force Majeure Event disrupts CRF. The Organiser may in its absolute discretion refund in whole or in part, any payment made by the Exhibitor, or waive any payment the Exhibitor is liable to make under this agreement.
Air Space and Aerial Vehicles
42. The flying of drones and unmanned aerial vehicles (UAVs) by Exhibitors is prohibited. The Organiser may fly a drone or UAV above the Event, and the Exhibitor consents to that.
Animals
43. With the exception of guide dogs for the vision impaired, service dogs for medical or disability requirements, no dogs are permitted within the Venue.
Sponsors
44. The Organiser reserves the right to negotiate and conclude arrangements for the benefit of the Organiser with a sponsor or sponsors, in relation to CRF at the entire and unfettered discretion of the Organiser.
Privacy
45. By participating in this event, the Exhibitors consent to the collection and use of contact information, including email address, for purposes of event administration, promotion, and networking. This information may be used for both the current and future events of this type. The Exhibitor’s name and organisation may be included on exhibitor and delegate lists shared with other attendees, exhibitors, and sponsors.
46. Photographs and/or video may be taken throughout the event. These may be used by the Organiser in publications, on its website and across social media channels. The Exhibitor may contact the Organiser in writing at any time to withdraw its consent for future uses of contact information or image.
General
47. The Organiser may accept or decline any application for exhibiting rights.
48. This agreement (including the Event Contract) is the entire agreement and understanding between the Organiser and the Exhibitor and neither party shall be bound by any conditions, definitions, warranties or representations with respect to the subject matter of this agreement except as expressly provided herein or as subsequently agreed in writing and signed by a proper and duly authorised representative of the party to be bound.
49. All notices to be served pursuant to the terms hereof shall be served in person, by mail to the other party’s address or by email.
50. If one or more of the provisions of the Agreement shall be invalid or unenforceable, the remaining provisions of this Agreement shall continue to be in full force and effect.
51. This Agreement shall be governed by and construed in accordance with the laws of New Zealand and the Parties shall submit to the non-exclusive jurisdiction of the New Zealand courts.
52. The Organiser may assign its rights and obligations under this agreement to any person without the consent of the Exhibitor.
53. Words in the singular number only shall include the plural and vice versa and words importing gender shall include the masculine feminine and neuter genders and words importing persons shall include firms and companies, corporations, partnerships and all other forms of organisation and trusts and references to a Party include that Party’s personal representatives or successors and permitted assigns.
54. When two or more persons are parties to this agreement the terms and conditions herein contained shall bind them jointly and each of them separately.