Terms and Conditions - Gujarati Community of Queensland Inc

Gujarati Community of Queensland Inc. (GCQ) – Standard Terms and Conditions

These Standard Terms and Conditions for Event and Activity Participation (the “Standard Event and Activity Terms”) apply to participation in Events and Activity’s organized by (or in cooperation with) GCQ

Article 1 – Definitions
Article 2 – Application
Article 3 – Cancellation and stand reduction
Article 4 – Changes
Article 5 – Admission prices and admission tickets
Article 6 – Event and Activity program and participants
Article 7 – Payment obligations
Article 8 – Build-up
Article 9 – Vacation and breakdown
Article 10 – Use of stand space and GCQ Event and Activity venue
Article 11 – Intellectual property rights
Article 12 – Catalogue
Article 13 – Risk and liability
Article 14 – Non-performance
Article 15 – Confidentiality
Article 16 – GCQ’s authority permit / General fair trading laws
Article 17 – Applicability of standard Event and Activity terms
Article 18 – Disputes
Article 19 – Residual provision

Article 1 – Definitions
Capitalized terms used in these Standard Event and Activity Terms have the following meanings:
1.1 Applicant: each natural or legal person who has submitted an Application Form to be a Participant in an Event and Activity, regardless of whether this application has been accepted by GCQ;
1.2 Application Fee: the amount of the down payment owed by the Applicant to GCQ at the time of the conclusion of the Participation Agreement for his application to take part in an Event and Activity;
1.3 Application Form: the online or other forms by which a potential Participant applies to take part in an Event and Activity;
1.4 Conditions of Participation: the conditions contained in the Participation Agreement, the Specific Event and Activity Terms (if applicable), these Standard Event and Activity Terms, and the Rules & Regulations together;
1.5 GCQ Event and Activity venue: the GCQ Event and Activity venue belonging to GCQ situated in Queensland, Australia;
1.6 Event and Activity: The Event and Activity to be put on by or in cooperation with GCQ, whether in the GCQ Event and Activity venue;
1.7 GCQ Website, Facebook, or hired ticketing platform: GCQ’s online portal containing the main information about the Event and Activity for the Participants;
1.8 Participant: every natural or legal person who has submitted an Application Form to be a Participant in an Event and Activity and with whom GCQ has entered into a Participation Agreement. The Participation Agreement shall enter into force once the Participant has received confirmation from GCQ by email;
1.9 Participation Agreement: the agreement between the Participant and GCQ based on which the Participant is entitled to take part as such in the Event and Activity;
1.10 Participation Costs: the total costs payable by the Participant to GCQ and comprising the Application Fee, Stand Hire and, if applicable, Stand Build-up charge;
1.11 Parties: GCQ and the Participant;
1.12 GCQ: GCQ is incorporated as Not for profit organization in Queensland with Register number IA55892;
1.13 Rules & Regulations: the GCQ Rules & Regulations which contain the rules applicable to all visitors to the GCQ Event and Activity venue, including exhibitors and hirers, and can be found at www.gcq.org.au;
1.14 Specific Event and Activity Terms: The Specific Terms applicable to an Event and Activity;
1.15 Standard Event and Activity Terms: these Standard Terms and Conditions for Event and Activity Participation issued by GCQ which apply to Applicants and Participants;
1.16Stand Build-up: the construction and fitting out of the Stand Space, including the provision of power supply and trestle table at the Stand Space;
1.17 Stand Build-up Rules: any written Stand Build-up Rules applicable to an Event and Activity; State government and venue regulations
1.18 Stand Hire: the costs of hiring such number of square meters of floor area as determined by GCQ for a Stand Space and any costs of the Stand Space;
1.19 Stand Space: the stand and accompanying square meters hired by a Participant at an Event and Activity.
Terms written in the singular include the plural and vice versa, insofar as the text requires.
Article 2 – Application
2.1 An application to participate in an Event and Activity should be made by completing the Application Form, which can be obtained directly from GCQ in hard copy or through GCQ’s online application module. The completed and duly signed Application Form must be submitted to GCQ. If the Application Form is completed and signed by someone other than a legal representative of the Applicant, the correct name and contact details of a legal representative of the Applicant must be filled in on the Application Form.
2.2 The Applicant warrants that the data supplied with his application are correct and that the legal representative listed on the Application Form is duly authorized to represent him.
2.3 GCQ will enter the data obtained from Applicants in a database kept by it for this purpose. By applying, the Applicant authorizes the use and storage of the data. Once a Participation Agreement has been concluded, GCQ may use these data for the organization of the Event and Activity and Event and Activity-related publication purposes through the Newspaper, catalog, website, social media, etc.
2.4 Applications that cannot be accepted immediately owing to lack of space may be put on a waiting list. A decision on these applications shall be made before the opening of the relevant Event and Activity. Stand Space that falls free as a result of cancellation will be allocated in the same manner.
2.5 GCQ reserves the right to refuse an application at its own discretion. GCQ also reserves the right to grant priority to members of the associations or organizations acting as joint organizers as regards acceptance of applications.
2.6 If GCQ refuses an application, it will refund any payments (including down payments) and will refrain from collecting the Application Fee.
2.7 The Participation Agreement is concluded solely by acceptance by GCQ of the application, whereupon the Applicant becomes a Participant. Acceptance shall be confirmed by GCQ to the Participant by email.
2.8 The Participant shall have the right to cancel the Participation Agreement, free of charge, until payment of the Application Fee is due as set out in the relevant invoice, usually 7 days (the Cancellation Term). The Participation Agreement may be canceled during the Cancellation Term by sending an email to GCQ at the email address specified in the Specific Event and Activity Terms. After the Cancellation Term, the Participation Agreement may only be terminated subject to pay the cancellation fee set out in article 3 below.
2.10 When allocating the Stand Space, GCQ will specify the location, type, and dimensions of the Stand Space allocated to and hired by the Participant. In allocating the Stand Space, GCQ will take as much account as possible of the preferences of the Participant. The allocation of the Stand Space is binding on the Participant as regards both its dimensions and its location in the GCQ Event and Activity venue.
Article 3 – Cancellation and stand reduction
3.1 Requests by a Participant to cancel or change a Participation Agreement (i.e. to reduce the number of square meters of Stand Space) may be submitted in writing or by email. GCQ may grant such a request on condition that the Applicant in any Event and Activity pays the subsequent cancellation fee, which is based on a fixed percentage of the Participation Costs: In the Event and Activity of cancellation or change, the Participant will always owe the Application Fee to GCQ.
3.2 The Tax owed on the fees referred to in this article will also be charged.
Article 4 – Changes
4.1 In extenuating circumstances, GCQ has the right to amend the dates and times of an Event and Activity as stated in the Specific Conditions, the Stand Space, stand type, and/or stand location allocated to the Participant or, in exceptional circumstances, to change the concept of the Event and Activity or to cancel the Event and Activity. In such case, the Participant shall not be entitled to claim compensation for any costs and/or loss or damage incurred.
4.2 Changes to dates, times, Stand Space, stand type, and/or stand location or to the concept of the Event and Activity do not entitle the Participant to cancel his application in whole or in part.
4.3 If the Event and Activity are canceled, the Participation Agreement will lapse. In such case, GCQ will refund all payments made by the Participant to GCQ, except the Application Fee, and after deducting the costs already incurred by GCQ in respect of the Event and Activity. Such costs will be wholly or partly apportioned among the Participants on a pro-rata basis according to the Stand Space allocated to them. This refund will be made within 60 days after the date on which GCQ has publicized the cancellation of the Event and Activity.
Article 5 – Admission prices and admission tickets
5.1 GCQ may fix an admission price for the Event and Activity which applies to all visitors.
5.2 Upon payment of their Application Fee, Participants may receive a number of admission tickets, specified in advance, which shall provide continuous admission to the Event and Activity. These admission tickets are personal and may not be sold on or used by persons other than the Participant.
5.3 Participants may purchase extra admission tickets from the GCQ.
Article 6 – Event and Activity program and participants
6.1 The Specific Event and Activity Terms shall describe the goods and services which will be displayed at the Event and Activity. GCQ has the right to refuse goods and services or immediately remove goods and services – or arrange for their removal – from the Event and Activity without owing any compensation for such removal and without having to give reasons, even if the goods and services in question are as stated on the Application Form and/or in the Specific Event and Activity Terms. Any costs incurred in connection with such removal will be borne by the Participant.
6.2 For marketing purposes GCQ is entitled to take photographs and/or make film recordings of the Event and Activity and the Stand Spaces and persons present there. Participants and staff engaged by them must permit publication and/or distribution of the photographs and recordings and indemnify GCQ against any claims in this respect.
6.3 Participants are not permitted to let children under the age of 16 work at the Event and Activity.
Article 7 – Payment obligations
7.1 The Participant owes the Participation Costs specified in the Specific Event and Activity Terms and any other amounts specified in the Specific Event and Activity Terms. All amounts owed will be increased by the Tax due on them.
7.2 The Participation Costs, with the exception of the Application Fee which will be charged shortly after the receipt of the Application Form, will be invoiced in full prior to the Event and Activity. unless provided otherwise in the Specific Event and Activity Terms.
7.3 If the Participant considers that he does not owe all or part of an invoice, he should inform GCQ in writing or by email, giving reasons, within ten days of the date of the invoice, failing which any right to a reduction of the invoice amount will lapse.
7.4 GCQ is entitled to collet amount in terms of Support to community and agree to provide to do promotional activity for supporter. GCQ is entitled to change or offer new conditions for promotion at any point during or after the event. During disagreement of new proposed conditions due to unforeseen situation, natural event, technical issues, force majeure or any situation outside of GCQ control, GCQ is not liable or refuse to pay the amount provided for support to the community as this amount may be spent or planned to utilize. However, GCQ would provide reasonable options to fulfill the agreed terms.
7.5 GCQ is entitled to set off payments made by a Participant, first against any outstanding debts owed to GCQ.
Article 8 – Build-up
8.1 The Participant should construct and fit out the Stand Space on the stand location allocated to him and do so in accordance with the Conditions of Participation and any other instructions given by GCQ.
8.2 If the Participant intends to build his own stand, he should submit a design of the Stand Space (in the form of a clear scale drawing or on the basis of a scale model accompanied by a single scale drawing) to GCQ for approval no later than six weeks before the first build-up day of the Event and Activity. GCQ has the right to withhold approval. In such a case the Participant should modify the design of the Stand Space within a period specified by GCQ in such a way that approval can be granted after all.
Article 9 – Vacation and breakdown
9.1 When vacating, dismantling, and cleaning Stand Space, the Participant must strictly comply with the relevant instructions given by GCQ, including the Rules & Regulations. If the Participant fails to meet his obligations, GCQ shall be entitled to dismantle and clean the Stand Space.
9.2 The Participant is obliged, after the end of the Event and Activity, to restore the hired Stand Space to its original state. Any damage to the Stand Space and/or the GCQ Event and Activity venue will be borne by the Participant.
9.3 The goods of the Participant that are still present in the GCQ Event and Activity venue after the period(s) referred to in article 10.1 may be stored or destroyed at the expense and risk of the Participant.
Article 10 – Use of stand space and GCQ Event and Activity venue
10.1 The Participant shall have access to the GCQ Event and Activity venue solely for the purpose of constructing, fitting out, using, and dismantling the Stand Space (or arranging for it to be constructed, fitted out, used, and dismantled) during such period(s) as are specified in the Specific Event and Activity Terms.
10.2 The Participant is obliged to strictly comply with the instructions given by or on behalf of GCQ, the Municipality, the fire brigade, and other authorities.
10.3 Gangways and paths must always be kept completely free. GCQ is entitled to clear the paths and keep them clear (or arrange for this to be done) at the expense of the Participant.
10.4 Unless expressly agreed otherwise in writing with GCQ, the Participant is not permitted to:
a. hire out or part with possession of all or part of the Stand Space occupied by him to third parties or exchange it with another Participant.
b. keep the Stand Space occupied by him closed or unstaffed during the time in which the Event and Activity are open to visitors or to cover and/or remove the exhibited goods or part thereof.
c. engage in activities which, in the opinion of GCQ, cause damage to or detract from the Event and Activity as such, or one or more Participants, visitors, groups of visitors, or third parties.
d. engage in activities that cause damage or nuisance to GCQ, Participants, and/or visitors, namely noise nuisance, obstruction of light or view, or nuisance in any other form.
e. engage in activities that disrupt or are likely to disrupt fair competition.
f. project images amplify speech by means of loudspeakers and play music (live
or otherwise) and/or make sounds that reach the limit of seventy-five decibels
(75dB(A)) (measured at the perimeter of the Stand Space).
g. make changes in or to the GCQ Event and Activity venue, for instance by gluing, painting, hacking in, breaking, drilling, nailing, or otherwise damaging floors, walls, ceilings, columns, and so forth.
h. offer or advertise – at or from the Stand Space – goods and services that are not listed by name in the application form or have been refused or removed on GCQ’s instructions.
i. sell goods or services without GCQ’s written consent.
j. exchange parts and accessories of exhibited goods (or arrange for their exchange) in the GCQ Event and Activity venue.
k. sell goods or services to consumers without giving them the right to return a product that is unfit for purpose and receive back the purchase price or to have an unfit product repaired or to exchange it for a product that is fit for purpose;
l. place or hand out goods and/or advertising material (flyers) of any kind whatsoever outside the Stand Space occupied by him.
m. use the partition walls of the adjacent Stand Spaces.
n. exhibit or otherwise use open, flowing, sprayed, and/or atomized liquids at or in the vicinity of the Stand Space during the Event and Activity, without GCQ’s written approval.
o. have any flammable or explosive substances, gases, and hazardous goods (including chemical pesticides and insecticides), foul-smelling substances, or radioactive sources in the GCQ Event and Activity venue and/or have any open fires.
p. bring food and/or drinks into the GCQ Event and Activity venue or cause the same to be done, and/or stock or sell them and/or distribute them free of charge, unless they have been purchased from GCQ and unless this is done in accordance with the provisions of the applicable laws and regulations;
q. organize lotteries and hold competitions without GCQ’s consent; if a Participant has such consent, he must strictly comply with the applicable laws and regulations.
r. conduct or arrange for surveys among visitors to and Participants in the Event and Activity, other than within his own Stand Space
10.5 The final decision on the use of the Stand Space and/or the GCQ Event and Activity venue by the Participant rests with GCQ.
Article 11 – Intellectual property rights
11.1The Participant is not permitted to display, offer and/or sell any goods or services in the GCQ Event and Activity venue which infringe another person’s intellectual property rights. For this purpose, intellectual property rights are deemed to include any patent, trademark, design right, copyright, know-how, or domain name (or application for the same).
11.2 If an infringement has been established in a judicial ruling, GCQ is entitled to remove the goods concerned (or have them removed) at the expense and risk of the Participant, deny the Participant access to the Event and Activity and take whatever other measures that it considers necessary, without prejudice to the provisions of article 14.
11.3GCQ is the owner of the intellectual property rights relating to the Event and Activity. GCQ may grant participants and other third parties written permission to use these intellectual property rights in such a manner as GCQ may direct.
Article 12 – Catalogue or Promotional flyers GCQ may, for the purposes of the Event and Activity, publish a catalog or set up an internet site (or arrange for this to be done) describing the Participants present during the Event and Activity and their goods and services. The Participants are obliged to provide the requisite information to GCQ for this purpose. Neither GCQ nor any third parties engaged by it will be liable for errors, defects, or omissions in the catalog and/or on the Internet site unless there has been intent or deliberate recklessness on the part of GCQ (and/or third parties engaged by it).
Article 13 – Risk and liability
13.1 Goods of a Participant, including their packaging, present in the GCQ Event and The activity venue is at the expense and risk of the Participant. GCQ does not concern itself with the security or insurance of the goods.
13.2The Participant is responsible for obtaining the requisite licenses and permits for his participation in the Event and Activity and for Event and Activity-related activities as well as for complying with the laws and regulations applicable to his activities.
13.3 GCQ is not liable for any loss or damage suffered directly or indirectly by a Participant, by his personnel, by persons working on the instructions of the Participant, by the holders of admission tickets issued to the Participant or by his visitors, unless in case of gross negligence or willful intent on the part of GCQ.
13.4 The Participant is liable for and must take out adequate insurance against any and all loss or damage of any nature whatever that is caused by acts or omissions of the Participant himself, his personnel, persons who work for him, or on his instructions in any way whatever, and holders of admission tickets issued to the Participant, and for loss or damage which is caused in any way by his goods and services.
13.5 The Participant indemnifies GCQ against all claims that third parties may bring against GCQ in connection with its acts or omissions.
13.6 GCQ shall not be obliged to intervene in any disputes to which it is not a party, with the exception of article 11.2, including but not limited to disputes between Participants and disputes between Participants and visitors.
13.7 Any liability of GCQ is limited to the amount paid out under the terms of GCQ’s liability insurance, provided always that, in the absence of cover, GCQ’s liability is limited to the Participation Costs owed by the Participant on the basis of his application.
Article 14 – Non-performance
14.1 Where a Participant, his personnel, persons working for or on the instructions of the Participant and holders of admission tickets issued to the Participant act in breach of any provision of the Conditions of Participation or fail to follow any instruction given by or on behalf of GCQ, GCQ is entitled, without recourse to the courts and, where necessary, at the expense of the Participant, to take whatever measures it sees fit, including but not limited to the following:
• terminate all or part of the Participation Agreement, without the need for prior notice of default; and/or cancel the admission tickets issued to the Participant and bar the person(s) concerned from the Event and Activity and/or the GCQ Event and Activity venue with immediate effect; and/or cancel or discontinue the build-up of the Stand Space, close or vacate all or part of the Stand Space (or arrange for this to be done), and dispose of the Stand Space thus released or left unoccupied; and/or keep possession of, store and, if necessary, destroy the goods of the Participant and anything constructed or installed by the Participant; and/or exclude the Participant concerned from Participating in the Event and Activity and any other Event and Activity’s to be organized; and/or if the Participant fails to pay the Participation Costs on time or in full, charge the statutory commercial interest and extrajudicial costs of collection on the amount of the claim(s).notwithstanding GCQ’s right to claim full compensation for any loss or damage suffered and/or yet to be suffered.
Article 15 – Confidentiality
15.1 Each Party shall treat as confidential and not disclose or use any information contained in this Participation Agreement or information that becomes available in the course of performing the Participation Agreement and of which it has been notified by the other Party that the information is confidential or that it should reasonably understand is confidential, unless and in so far as:
15.1.1 disclosure is required by the Participation Agreement, by law or by the courts;
15.1.2 disclosure is required by a supervisory authority or public body;
15.1.3 disclosure is necessary to enforce this Participation Agreement in court proceedings;
15.1.4 the other Party has given written permission for disclosure;
15.1.5 the information has come into the public domain through no fault of the disclosing Party;
15.1.6 disclosure is necessary in order to obtain advice from a professional adviser. In the Event and Activity of disclosure of information in the cases referred to above, the disclosing Party shall consult the other Party about the content, form, and timing of the intended disclosure.
Article 16 – GCQ’s Not-for-profit activities
16.1 GCQ has been granted to organize Not-for-profit activities/events covered by the QLD Government, as described in the Rules & Regulations. If a Participant wishes to organize an activity that is covered by GCQ’s permit, he should request GCQ’s consent. GCQ will decide on the request as quickly as possible.
16.2 A Participant is deemed to have ascertained before making an application whether the activities he intends to organize require GCQ’s consent. If the Participant fails to request GCQ’s consent for an activity that falls within the scope of the authority, GCQ may take immediate action to terminate the activity (or have it terminated) and may, as a last resort, rescind the Participation Agreement.
16.3 If GCQ grants consent for the organization of activity, the Participant – or a third party who makes use of such consent through the intermediary of the Participant – must strictly comply with the conditions attached to the consent.
16.4 A Participant – or a third party who makes use of such consent through the intermediary of the Participant – is obliged at all times to cooperate in any check on compliance with the conditions attached to the consent.
16.5If a Participant – or a third party who makes use of such consent through the intermediary of the Participant – wholly or partly fails to comply with any condition attached to a consent, the Participant will be fully liable for any loss or damage suffered by GCQ as a consequence. Loss or damage includes for this purpose any sanctions imposed on GCQ by or on behalf of the competent authority on account of breaches of or non-compliance with the decision granted to GCQ.
16.6 GCQ will not be liable for any loss or damage which the Participant – or a third party who makes use of such consent through the intermediary of the Participant – suffers as a consequence of the actions of GCQ in monitoring compliance with the conditions attached to the consent (unless there has been intent or deliberate recklessness on the part of GCQ) or as a consequence of any enforcement action taken by the competent authority.
16.7 Insofar as third parties who make use of such consent through the intermediary of the Participants are subject to any obligation under this article, the Participant is obliged to impose these obligations on such third parties. The Participant indemnifies GCQ against all claims of third parties which use or wish to use the consent, insofar as the claims are in any way connected with such matters as the granting or withholding of consent, the content of the consent, or the measures taken by GCQ or the competent authority in monitoring and enforcing the conditions attached to the consent. This is without prejudice to the liability of the Participant in accordance with article 15. Article 17 – Applicability of standard Event and Activity terms
17.1 If and insofar as any provision of the Standard Event and Activity Terms is null and void or is avoided, the other provisions of these Standard Event and Activity Terms will remain in force in full. GCQ will then adopt a new provision to replace the null and void provision or has been declared avoided, taking into account as far as possible the tenor of the former provision.
17.2 The applicability of any terms and conditions of the Participant is expressly rejected, notwithstanding any previous or subsequent reference to – or declaration of the applicability of – such terms and conditions of the Participant, for example on invoices.
17.3 In the Event and Activity of conflict, the Conditions of Participation will prevail in the following order:
a. the Participation Agreement.
b. the Specific Event and Activity Terms.
c. the Standard Event and Activity Terms.
d. the Stand Build-up Rules.
e. the Rules & Regulations.
Article 18 – Disputes
18.1 The Conditions of Participation and all legal relations which may arise between GCQ on the one hand and the Participant and/or Applicant on the other will be governed exclusively by Australian law and in Queensland Jurisdiction.
18.2 In the Event and Activity of disputes resulting from the Conditions of Participation or legal relationships arising from them, the Parties will first consult together in order to attempt to resolve this dispute by amicable means. If the Parties do not succeed in this, a dispute as referred to above will be decided exclusively by the Fair Trading agency in Queensland or the competent court in Queensland, without prejudice to the right of appeal and appeal in cassation.
Article 19 – Residual provision
19.1 GCQ will decide on all matters for which the Conditions of Participation make no provision or in all cases in which they are deemed unclear.