Terms of Service and Use
General Terms of Service and Use
- These terms and conditions (the "Terms") govern
:-
- your use of this Tell Business t/a BTELL ("BTELL")
website. The Website is owned and operate by Tell Business
Pty Ltd (ACN No.089 139 239); and
- your participation in our conferences, seminars and
other events, which shall be referred to as "your
participation".
- Your participation is conditional upon your acceptance and
compliance with the terms, conditions, notices and disclaimers
contained in this document and elsewhere on this Website and
where applicable, any specific terms governing your registration
at any event, bookings forms signed or other agreements signed
with BTELL. If you do not agree to these Terms, you should
immediately cease all use of this Website and/or not attend
at the event. You will be deemed to have consented to these
Terms by any continued use of this Website or participation
in BTELL's event. BTELL reserves the right to amend the Terms
at any time. Since you are bound by these Terms, you should
periodically refer to them in this document and elsewhere
on the Website.
BTELL's Intellectual Property Rights and Restrictions
of Use
- All information, text, material, graphics, software and
advertisements on the Website whether audio, video, pictorial,
graphics, text, print and/or material given to delegates who
participate at our events ("Material") are copyright
BTELL unless expressly indicated otherwise. All rights are
reserved. The Material is protected by Australian and international
copyright and trademark laws. You must not modify, copy, reproduce,
republish, frame, upload to a third party, post, transmit
or distribute this Material in any way except as expressly
provided for hereunder or expressly authorised in writing
by BTELL. On the condition that you keep all Material intact
and in the same form as presented on the Website (including
without limitation all copyright, trademark and other proprietary
notices and all advertisements), you have permission to view
the Material through your browser and print for personal and
private use PROVIDED ALWAYS THAT you are :-
- not to sell or transfer for consideration the Material
for anyone's benefit and not to copy or post any portion
of the Material on any Website computer or broadcast in
any media or any website; and
- not to modify any of the Material. This permission terminates
automatically without notice should you breach any of
these terms or conditions.
- BTELL does not warrant the performance or results that may
be obtained by using software provided or referred to. BTELL
has used its best efforts to ensure the accuracy and functionality
of the material and programs contained herein.
- You must not use the Material or Website in any manner or
for any purpose which is unlawful or in any manner which violates
any right of BTELL or which is prohibited by the Terms.
- Nothing on this Website or Materials forwarded shall be
construed as conferring any license or rights under any of
BTELL's or any Third Party Provider's intellectual property
rights, whether by estoppel, implication, or otherwise. You
are not permitted to use this Website for any other purpose.
Any unauthorized use of any Material contained on this Website
may violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes.
Bulletin Boards and Other Communication Facilities
- The Website may contain bulletin boards, feedback forms
and other communication facilities ("Communication Facility").
- To use the Communication Facility, you hereby agree that
you shall not do any of the following :-
- restrict or inhibit any other user from using or enjoying
any communication facility;
- post or transmit any unlawful, threatening, abusive,
defamatory, obscene, vulgar, pornographic, profane or
indecent information or material of any kind, including
without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offence, give
rise to civil liability or otherwise violate any applicable
law;
- post or transmit any material of any kind which violates
or infringes upon the rights of any other person, including
material which is an invasion of any privacy or publicity
rights or which is protected by copyright, trademark or
any other proprietary right, or derivative works with
respect thereto, without first obtaining permission from
the owner or relevant right holder;
- post or transmit any material of any kind which contains
a virus or other harmful component;
- post, transmit or in any way exploit any material of
any kind for commercial purposes, or which contains any
promotional material or advertising; and/or
- delete any author attributions, legal notices or proprietary
designations or labels in any file that is uploaded.
- BTELL may from time to time monitor or review the Material
or its Communication Facility. While BTELL reserves its right
to edit, refuse to post or to remove any information and/or
Material (in whole or in part) that in BTELL's sole discretion
is in any way objectionable, in violation of any applicable
law or the Terms, BTELL has no obligation whatsoever to monitor
any Communication Facility or to edit, delete or refuse to
post such Material, nor is BTELL responsible for any Material
in any Communication Facility (including any information,
comments and/or advice of any individual whose statements
on the Website are solely their own). You expressly acknowledge
and agree that the Communication Facility provide a means
of public and not private communications.
- BTELL reserves the right to cooperate fully with any law
enforcement authority in any jurisdiction in respect of any
lawful direction or request to disclose the identity or other
information in respect of anyone posting any Material which
violate any applicable or relevant law.
User's Licence to BTELL
- By placing any information or material on the Website (including
posting messages, inputting data or engaging in any other
form of communication), you grant to BTELL a perpetual, royalty-free,
non-exclusive, irrevocable, unrestricted, worldwide licence
to do the following in respect of the information or material
:-
- use, copy, sublicense, redistribute, adapt, transmit,
webcast, publish and/or broadcast, publicly perform or
display,
- sub-license to any third parties the unrestricted right
to exercise any of the foregoing rights granted.
- You expressly waive in favour of BTELL and any other party
authorised by BTELL all moral rights and any similar rights
in any jurisdiction which you may have or hereafter acquire
in respect of any relevant communication or other material.
Advertising and Links to Third-Party Websites
- If you would like to link to this Website, please inform
BTELL prior to doing so. BTELL reserves the right to prohibit
you from linking to this Website for any reason.
- The Website may contain hyperlinks to other companies or
sites and/or logos of other organizations operated by third
parties. These linked websites are not under the control of
BTELL, and BTELL is not responsible for the material of any
linked website or any hyperlink contained in a linked website.
BTELL provides these hyperlinks to you where applicable, as
a convenience only or to indicate sponsors, partners or endorsers
of its events. The inclusion of any link does not imply any
endorsement of the linked website by BTELL.
- The Website may contain third party advertisements (including
banner ads and streaming media). They may contain embedded
hyperlinks or include referral buttons to websites operated
by third parties or their licensees or contractors. All such
third party advertising (including referral buttons and embedded
hyperlinks) may be paid for by the relevant third party advertisers
and do not constitute recommendations or endorsements by BTELL
or its Affiliates or their respective directors or employees.
You are referred to the relevant advertiser for all information
regarding the advertiser and its products and/or services.
- In some instances, the advertisement will contain representations
or offers by the third party advertiser which you can accept
by linking to the advertiser's website and executing the relevant
transaction. Such offers are not made by BTELL, and the third
party advertiser is solely responsible to you for the delivery
of any goods or services you purchase on the third party website.
Disclaimer and Limitation of Liability
- The Trade Practices Act and similar State and Territory
Legislation in Australia may confer rights and remedies on
you in relation to the provision by BTELL of goods or services
on the Website which cannot be excluded, restricted or modified
("Non-excludable Rights"). BTELL does not exclude
any Non-excludable Rights but does exclude all other conditions
and warranties implied by custom, law or statute.
- Except as provided for by the Non-excludable Rights :-
- all Material is provided on an "as is" basis
and without warranties of any kind, either express or
implied;
- BTELL expressly disclaims all warranties of any kind
including but not limited to implied warranties of merchantability
and fitness for a particular purpose;
- BTELL does not warrant that the functions contained
in any Material or any Communications Facility or your
access to the Website will be uninterrupted or error-free,
that any defects will be corrected or that the Website
or the server which stores and transmits Material to you
are free of viruses or any other harmful components;
- BTELL does not warrant or make any representation regarding
your access to, or the results of your access to, the
Website (including any related or linked websites) or
any Material in terms of correctness, accuracy, timeliness,
completeness, reliability or otherwise; and
- you assume the entire cost of any necessary verification,
maintenance, repair and/or correction of any relevant
Material.
- BTELL SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A
RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING,
OR DOWNLOADING THE MATERIAL. IN NO EVENT SHALL BTELL BE LIABLE
FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE,
DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER
FOR BREACH OR IN TORT, EVEN IF BTELL HAS BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF DAMAGE. YOU AGREE TO HOLD BTELL HARMLESS
FROM, AND YOU COVENANT NOT TO SUE BTELL FOR, ANY CLAIMS BASED
ON USING THE WEBSITE OR ACCESSING THE MATERIALS PROVIDED.
- You expressly acknowledge and agree that BTELL does not
exert control over users of the Website and is not liable
either for their opinions or their behaviour including any
information and/or advice and any defamatory statements or
offensive conduct. BTELL is also not to be taken to endorse
or support the views held by speakers, sponsors or participants
at our events. To the fullest extent permitted by law, BTELL's
liability for breach of any implied warranty or condition
which cannot be excluded is limited at the option of BTELL
to, in the case of services supplied or offered by BTELL,
(a) the supply of the services again, or (b) the payment of
the cost of having services supplied again.
Termination
- The Terms are effective until and unless terminated by BTELL,
and BTELL may terminate your access an event at any time with
cause. In the event of termination, you are no longer authorised
to access the event, but all restrictions imposed on you,
licenses granted by you and all BTELL disclaimers and limitations
of liability set out in the Terms will survive.
Trademarks of BTELL
- The BTELL logo, green and silver propellers and 'relevant,
timely, independent' are trademarks of BTELL. All other trademarks
displayed on the Website, where applicable, are trademarks
of their respective owners. Nothing contained on the Website
should be construed as granting any license or right of use
of any trademark displayed on the Site without the express
written permission of BTELL or third-party owner.
- Any software that is made available for downloading from
this site is protected by copyright law and international
copyright treaty. The use of such software shall be governed
by the terms of the end user licence statements, if any, which
are included with the software ("Licence Statement").
Local Laws
- This agreement will be governed by and construed in accordance
with the laws of New South Wales, Australia. You irrevocably
and unconditionally submit to the jurisdiction of the courts
of New South Wales. If any provision of this agreement is
found to be invalid or unenforceable by a court of law, such
invalidity or unenforceability will not affect the remainder
of the agreement which will continue in full force and effect.
- BTELL controls maintains and operates this Website from
its office in Sydney, Australia. BTELL does not make any representation
that these Material are appropriate or available for use in
locations outside of Sydney, Australia. If you use this Website
from other locations, you are responsible for compliance with
the laws of New South Wales, Australia as well as applicable
local laws including but not limited to the export and import
regulations of other countries.
Miscellaneous
- This Website could include inaccuracies or typographical
errors. BTELL may make improvements and/or changes in this
Website at any time without notice. Any action related to
these Terms shall be governed by the law of New South Wales,
Australia and is within the exclusive jurisdiction of the
Courts of New South Wales, Australia. These Terms represent
the entire understanding relating to the use of the Website
and prevail over any prior or contemporaneous, conflicting
or additional, communications subject to any written agreement
between the user and BTELL. BTELL can revise these Terms at
any time without notice by updating this posting.
Additional Terms of Use for Delegates
- General
- Substitution Policy
- Confidentiality
- Liability
- Indemnity
- Copyright
- Status
- Warrant
- Enforceability
- Understanding
- Time
- Variation
- Remedies
- Survival
- Venue
- Miscellaneous
- Payment Policy
- Cancellation and Refund
Policy
General
- If you are a delegate at a BTELL event, this section sets
out the additional terms governing your participation. These
terms are applicable to you if you are purchasing the attendance
and to your company if they provide the payment. Such participation
includes the benefits listed therein the Booking/Registration
Form but does not include alcohol, phone or fax services,
airfares/travel to and from Sydney and transportation to and
from the airport to the venue (if applicable).
Substitution Policy
- You may confirm purchase of attendance at an event by signing
and returning a BTELL Booking/Registration Form, by sending
an email or fax confirming the event and payment details or
by confirming the same by telephone. The Booking Form confirms
the name of the delegate attending. The Booking Form allows
for participation and access for the persons named therein
only. Substitutions are acceptable from the you or your Company,
where booked by your Company provided that it is a substitution
with persons of similar business level and it is agreed upon
by you and BTELL prior to the Event. Other transfers are not
acceptable. BTELL requires that substitutions be informed
at least one (1) week prior to the event date.
Confidentiality
- You covenant to keep all Proprietary Information and any
information concerning the management, operations, properties,
business or procedures of BTELL, which is or may be exchanged
with you and which is not in the public domain secret and
confidential. The obligations in this Clause shall continue
to apply after the event. You hereby acknowledge and accept
that BTELL may forward certain information concerning your
participation to the Speakers and to the Sponsor(s) (where
applicable). Should you not be agreeable to any of the information
that may be forwarded, you should communicate the same to
BTELL. For further information regarding the information kept
by BTELL and privacy concerns, please see our Privacy Policy.
Liability
- You acknowledge and accept that, to the extent permitted
by law, BTELL shall be under no liability to you whatsoever,
whether in contract or tort (including, without limitation,
negligence), breach of statute or any other legal or equitable
obligation in respect of any other loss or damage. In making
arrangements with third parties for carriage by air, hotel
accommodation, transportation, restaurants and otherwise,
BTELL acts only as agent of the Delegate and does so on the
express condition that no liability of any kind howsoever
caused shall attach to BTELL in connection with or arising
out of such arrangements. BTELL shall not be held liable for
any behaviour resulting from any delegates' excessive consumption
of alcohol.
Indemnity
- The Delegate hereby indemnifies and holds BTELL harmless
from and against all and any costs, damages and expenses,
which are incurred by the Delegate, its agents and employees.
Copyright
- The Delegate acknowledges and accepts that copyright in
the whole and/or part of the Event is and remains the property
of BTELL. Action for unauthorised use or access will be taken.
Status
- This Agreement is not intended to create a relationship
of partnership, joint-venture or agency between the parties
and neither parties shall hold itself out as being so related.
All Delegates are independent contractors.
Warrant
- Each party warrants that it has authority ability and power
to enter and perform its obligations and the acts required
of it under this Agreement and shall do all such things to
give effect to this Agreement.
Enforceability
- Any clause or part of a clause of this Agreement which is
unenforceable, illegal or void is severed and is ineffective
only to that extent within that jurisdiction and the rest
of this Agreement remains in force.
Understanding
- This Agreement in conjunction with the Booking Form signed
or communicated to BTELL contains the entire agreement and
understanding between the parties on everything connected
with the subject matter and supersedes and merges any prior
agreement or understanding on anything connected with that
subject matter.
Time
- Time is of the essence in this Agreement.
Variation
- An amendment or variation to this agreement is not effective
unless it is in writing and signed by the parties.
Remedies
- Except where otherwise specified, the rights and remedies
granted to a party under this Agreement are cumulative and
in addition to, and not in lieu of, any other rights or remedies
which the party may possess at law or in equity.
Survival
- The terms of this Agreement survive its termination to the
extent permitted by law. This Agreement shall be binding upon
the heirs, executors, administrators and successors in title
of the parties.
Venue
- The Delegate further agrees to abide by the terms and conditions
of the venue owner, the terms of which may be furnished on
request.
Miscellaneous
- The Delegate acknowledges that no other warranties, representations
or acknowledgements, written or verbal, have been made which
are not reflected herein.
- Cancellation. Should the Delegate's behaviour at any
point for any reason, including but not limited to, delay
in provision of the necessary information or excessive
alterations to requirements have any effect on the smooth
operation of the Event, BTELL maintains the right to cancel
the Delegate's booking by written notification.
- Dispute Resolution. The Delegate agrees to resolve in
good faith any dispute in a spirit of goodwill and compromise
through a mediator.
Payment Policy
- All payments toward delegate seats at events must be made
within five (5) working days of receipt of an invoice from
BTELL. All payments shall be made in full unless otherwise
agreed and shall be evidenced by an official receipt. The
receipt shall only be considered valid upon clearance of all
monies/funds. An invoice will be sent by fax or email to the
relevant cardholder or accounts personnel upon receipt of
the Booking Form. For Booking Forms received less than five
(5) days from the date of the Event or access of the Event,
full payment shall be made the day preceding the Event unless
prior special arrangements have been approved.
Cancellation and Refund Policy
- Cancellation and refund details are as follows :-
- Cancellation by the Company. BTELL shall not be held
responsible for any loss or damage consequent upon the
postponement or cancellation thereof. Individual companies
or individuals may take out insurance coverage through
their own brokers. Should the event be cancelled for reasons
outside of the Company's control, delegates who have paid
for attendance will be given a credit at a future event
valid for a period of one (1) year. Alternatively, a delegate
may request in writing for a full refund. All refunds
paid shall be processed within 90 days of the receipt
of the written request.
- Postponement by the Company. Should the event be postponed,
delegates who have paid will be given an automatic credit
to attend the postponed event. Alternatively, a delegate
may request in writing for a full refund. All refunds
paid shall be processed within 90 days of the receipt
of the written request.
- Cancellation by the delegate. Once a Booking Form is
sent to the Company, a seat is reserved for the delegate
and payment will be due. Payment will be due on receipt
by the delegate of the invoice sent by BTELL. The late
delivery of an invoice shall not mean that the monies
due are not payable. A delegate who wishes to cancel his
Booking Form shall do so as soon as possible after the
decision so as not to incur a cancellation fee.
- Cancellation by the Delegate - Cancellation Fees
- > 28 days before attendance of or access of the
Event - No cancellation fee payable
- < 28 days of the Event - Cancellation fee equivalent
to 25% of the ticket price as stated on the Booking
Form shall be due and payable.
- < 14 days of the Event - Cancellation fee equivalent
to 50% of the ticket price as stated on the Booking
Form shall be due and payable
- < 5 days of the Event , on the Event day or after
the Event - Cancellation fee equivalent to 100% of
the ticket price as stated on the Booking Form shall
be due and payable
- Payment of cancellation fee. The cancellation fee shall
be deducted from the payment made already and where there
is a refund of the balance applicable, the refund of the
balance shall be returned to the delegate. Where no payment
has been received, the cancellation fee shall be payable
within 14 days of notice of fee being applicable.
- The Cancellation Policy applies regardless of whether
payment has been received from the Delegate or not.
Tell Business is committed to the protection of your personal
information. We are governed by the Privacy (Amendment) Act
2001 Australia and by Tell Business' Privacy Policy Principles.
Our Privacy Policy contains important information regarding
our collection and use of your personal information, regardless
of where or how this personal information is collected. If you
have any questions, concerns or comments regarding our Privacy
Policy, please contact our Privacy Officer, Kira Shevchenko
at +61 2 9398 7701 or by email to kshevchenko@btell.com
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