AUSTRALIAN RETAIL CREDIT ASSOCIATION LIMITED (ABN 47 136 340 791)

Terms and Conditions of Registration and Attendance

The following terms and conditions apply to Your registration for, admission to, and continued attendance at the event to which You wish to register Your attendance at the Arca Credit Summit and, if relevant, an Arca Pre-Summit series event (the "Event"), and apply to Relevant Persons as defined below.  

Please note: We offer tickets to the Event that are “stand alone” or that include accommodation.  If You wish to retain control over the selection of Your Hotel and room, its cost, and other matters such as refund entitlements for accommodation, You should avail Yourself of that option, and make Your own accommodation arrangements. 

If You purchase a ticket to attend this Event that includes accommodation, You will also need to accept Our terms and conditions for accommodation, which may also be accessed on this website. 

1. These terms and conditions form a contract:  Subject to clause 2, these terms and conditions of registration form a binding contract (the "Agreement") between Australian Retail Credit Association Limited (“We”, “Us”, “Our”) and you, ("You", "Your", "Yourself"). 

2. Your capacity and Relevant Persons:

(a) You enter into this Agreement in Your own personal capacity, and also as agent for and on behalf of:

(i) any business or organisation which You represent, which employs You or that booked Your ticket to the Event; and

(ii) any guest accompanying You, or any other person(s) for whom You complete registration for the Event,

(each of which is a "Relevant Person"), and a reference to "You" in this Agreement includes a reference to each Relevant Person, unless the context requires otherwise.

(b) You warrant that You:

(i) have completed the application for registration (the "Registration Form", to which this Agreement is attached/linked, accurately and truthfully;

(ii) have the express authority of all Relevant Persons to enter into this Agreement on its/their behalf;

(iii) have provided a copy of this Agreement to all Relevant Persons; and

(iv) have the consent of each Relevant Person (being an individual) to provide his/her personal information to Us and for Us to disclose it to the third parties.  

(c) If You are a Relevant Person, it is a condition of Your admission to and continued attendance at the Event, that You agree to, and comply with, this Agreement. If You do not agree to any part of this Agreement, and notify Us within 14 days of registration, Your name will be removed from the attendance-list, and a refund of any registration fee paid for Your attendance and/or accommodation will be provided. [MB1] 

3. Compliance with venue terms and conditions:

You must also comply at all times with the terms and conditions of entry to each venue connected with this Event, and with any lawful directions given by its authorised personnel.

4. Full payment required:

Full payment, in cleared funds and in Australian dollars, of the registration fee, applicable GST, and all other monies due and payable in connection with Your attendance and that of each Relevant Person must be made in accordance with the requirements, including as to timing, set out in the Registration Form, any registration "app", or the Event website. You and any Relevant Person will be denied entry to the Event if the attendance fee is not paid in full, by the due date or if You do not provide proof of identity and registration on entry.

5. Your cancellation of Your registration:

You may cancel Your conference registration, by notifying Us by email. If You do not receive acknowledgement by email within two business days, please contact Us on the phone number noted on the Registration Form, Event "app" or the Event website, as the case may be. Your entitlement to a refund or partial refund is as follows:

(a) If You cannot attend because it is unlawful (eg, covid-19 or other Transmissible Illness): If You register as an in-person or “face-to-face” attendee and are unable, or will, with certainty, be unable, to attend this Event for the reason that it is unlawful for You to travel to the venue or would be legally required to submit to quarantine or "lock-down", You may notify Us at any time before the commencement of the Event and provide particulars and evidence of the reason You cannot attend. If We, acting reasonably, accept the reasons and evidence given, We will refund all monies actually received to date.  Where available, if You notify Us promptly that You wish to attend by “virtual” or on-line means, We will convert Your registration to enable that and refund the difference between the registration fee received from You for attendance in person, and the applicable registration fee for “virtual” or on-line attendance; or

(b) Your cancellation for other reasons: If You wish to cancel Your attendance at the Event for any reasons other than those noted in paragraph (a), You may do so by notifying Us by email. If We receive Your email before 5pm on the day that is 90 clear days before the Event commences (in this agreement, the "Cut-off Date"), We will refund all monies actually received to date, less an administration fee of AUD$77.00 (including GST). If We receive Your email after the Cut-off Date, You will not be entitled to a refund of any kind, unless We agree otherwise, acting reasonably. Any refund for Your cancellation after the Cut-off Date is also subject to an administration fee of AUD$77.00 (including GST). You further acknowledge and agree that the Cut-off-Date is a reasonable deadline for refunds on cancellation by You, given the commercial need for Us to finalise and confirm attendee numbers and to manage Our obligations to the venue operator and other Suppliers. 

6. Cancellation, postponement, conversion of the Event by Us:

We may cancel, postpone or convert the Event to a partly or fully virtual (on-line) experience at any time and for any reason. We will notify You by email if any of the foregoing occurs, and:

(a) Event cancellation: If the Event is cancelled, We will refund all monies paid to date;

(b) Event postponement: If the Event is postponed or re-located to a different city or town:

(i) You must notify Us, within the reasonable period We specify, if You wish to cancel Your registration, whereupon You will receive a refund of all monies paid to date. If You fail to notify Us of Your cancellation within the period We reasonably specify, Your registration will be cancelled unless We otherwise agree in writing, and We will refund all monies paid to date; or

(ii) if You notify Us that You wish to attend on the new date or at the new location, We will retain the monies You have paid as a credit against Your registration fee for the Event as postponed. 

(c) Conversion to virtual Event: If the Event is converted to a fully on-line/virtual Event (ie, with no option for in-person or “face-to-face” attendance), You may, if You have registered to attend the Event in-person:

(i) cancel Your registration by emailing Us within the period We specify in Our notice to You and We will refund all monies paid to date. If You do not notify Us of Your cancellation within that period, Your registration will be deemed to be cancelled unless We otherwise agree in writing, and We will refund all monies paid to date; or

(ii) attend the Event on-line subject to clause 7, and in that case, We will refund the difference between the registration fee received from You for attendance in person, and the applicable registration fee for “virtual” or on-line attendance.

7. Attendance of virtual (on-line) Event:

If You participate in this Event, or any part of it, by virtual (on-line) means, You agree that:

(a) it is Your responsibility to ensure that You have appropriate technology, internet connectivity and speed to participate;

(b) We are not liable for any interruption, delay, sound or picture quality problems You may experience because Your technology is inadequate or because of internet or power interruptions, poor internet speed, or other connectivity problems You may experience, that are beyond Our reasonable control;

(c) You are not entitled to a refund if You are unable to participate, or if the quality of Your participation is diminished, because of the matters referred to in paragraphs (a) and/or (b) of this clause;

(d) You must comply in all respects with the (applicable) provisions of clause 10 of this Agreement and with any rules, protocols or other directions made by Us or each virtual session leader, whether published or issued in writing or orally; and

(e) if/when You post questions or messages to others participating by virtual means, Your personal information may be shared with those persons.

8. Transfer of Your registration to another person; or mode of attendance:

(a) Registration for the Event is not transferrable without Our prior written consent, which We may give or withhold, acting reasonably , and subject to such reasonable conditions as We may require. If We do consent to a transfer, You are not entitled to a refund of registration fees.

(b) If We offer both of the following modes of attendance and You register to attend the Event, ie:

(i) in-person as a “face-to-face” attendee; and

(ii) by “virtual” or on-line means,

You may, by written notice to Us, transfer or exchange Your registration to the alternate mode of attendance, only in the following circumstances:

(iii) if clause 5(a) or clause 6 applies, as expressly permitted by those clauses;

(iv) in any other case, before (but not after) the Cut-off Date, 

and We will convert Your registration to enable that and either refund or invoice You the difference in the applicable registration fees. 

NB:  Please note that We may determine to advertise or offer the option of registration for attendance by “virtual” or on-line means at any time, including later than Our offer for in-person or “face-to-face” attendance. 

9. Event subject to change:

(a)While We will make reasonable endeavours to stage the Event as advertised, You agree that the following changes may occur::

(i) changes to the Event dates, the venue or the location of the Event or components of the Event within the venue;

(ii) changes to programme content, its order or session times;

(iii) changes to the speakers, exhibitors, entertainers and other presenters;

(iv) changes to any social programme and the venue(s) for dinners or other social events.

(b) If any changes occur to the Event as advertised, reasonable endeavours will be made to arrange for reasonable substitutes, subject to availability and the circumstances that made the change(s) necessary or desirable. Notice of substantial and material changes will be placed on the Event Website or, if clause 6 applies, will be notified to You by email. You are responsible for checking for such notifications/alerts prior to the Event.  

(c) To the maximum extent permitted by law, if any such changes occur, a refund of all monies paid by You is Your sole remedy:

(i) as expressly set out in clause 6; and

(ii) in addition to Your rights under clause 6, if You, acting reasonably and providing reasons, notify Us that a change to the Event is substantial to You, and You would not have registered to attend the Event had the change been made before Your registration, then, We will consider Your notice and, if We accept it, acting reasonably, We will refund You all monies paid to date. 

10. Your conduct at this Event:

(a) At all times during this Event, You must:

(i) conduct Yourself in a reasonable, respectful, considerate and lawful manner and comply with all applicable laws;

(ii) not act, speak or otherwise communicate in a manner that is offensive, obscene or that reasonable persons may consider to be offensive or obscene;

(iii) not consume alcohol to the point of intoxication, and not consume or be in possession of unlawful drugs or other unlawful substances, at any Event venue;

(iv) not place the safety and health of any person(s) at the Event at risk and comply with clause 17 (COVID-19 and other Transmissible Illness - Safety);

(v) not cause personal injury to, or defame, any person, not damage the property of any person, or commit any other tort;

(vi) be respectful towards speakers and others expressing their opinions and refrain from causing a nuisance or interrupting or disrupting programme content; and

(vii) comply promptly with Our reasonable and lawful directions and those of the authorised staff of the relevant venues.

(b) We may eject You (and/or a Relevant Person) from the Event and/or refuse entry to the Event or any part of the Event if We, acting reasonably, consider that You or a Relevant Person are/is in material breach of this Agreement, or for any other reasonable cause. If We exercise Our rights of ejection/refusal:

(i) We have no liability to You or any Relevant Person;

(ii) You are not entitled to a refund of any kind; and

(iii) such exercise is not Our exclusive remedy.

11. Limitation and exclusion of liability of the parties:

(a) Despite any wording to the contrary, We do not purport to exclude or limit Our liability to the extent that such limitation or exclusion is not permitted by law.  All provisions of this Agreement are subject to this rule. 

(b) Where permitted by the relevant statute, Our liability under that statute to You and any Relevant Person in respect of goods or services supplied to You by Us , , is limited, in the case of:

(i) goods, to the replacement of the goods or the cost of having the goods replaced or repaired; and

(ii) services, to the resupply of the services or the cost of having the services resupplied;

and

(c) Our liability to You and any Relevant Person for any other cause of action, including but not limited to breach of contract, negligence, other tort or other breach of duty

(i)for travel and accommodation expenses is excluded in full. Expenses for travel and accommodation are at Your sole risk (save only where this agreement entitles You to a refund). We recommend that You consider making accommodation and transport arrangements that permit variation or cancellation with appropriate refunds. We further recommend that You obtain insurance (if available) that will reimburse You accommodation and transport costs in the event of cancellation, postponement or conversion of the Event to a virtual event;

(ii) for loss of enjoyment, loss of profit, loss of revenue, lost cost savings, loss of opportunity, loss of enjoyment, damage to reputation or indirect or consequential loss of any kind, is excluded in full;

(iii) for infection with COVID-19 or any variant or illness evolved, or that develops, from COVID-19, or any other Transmissible Illness (as defined in clause 17) and any consequences of such infection, is excluded in full, except to the extent that such loss is directly caused by Our breach of applicable laws, but always provided that Our liability in any such case is limited as provided in paragraph (iv) of this clause; and

(iv) for any other loss, including but not limited to personal injury or death, damage to property or any business, is limited in aggregate to three times the sum of the monies actually paid by You in connection with Your registration for the Event.  

(d) Your liability to Us pursuant to any cause of action is limited in aggregate to three times the sum of the monies actually paid by You in connection with Your registration for the Event, excepting that this limitation does not apply If, by Your conduct, You cause Us loss or liability to a third party in circumstances set out in clause 12. 

12. Your breach may cause Us to have liability to third parties:

You acknowledge and agree that:

(a) Your negligence or other wrongful conduct, Your breach of this Agreement or of any venue’s terms and conditions of entry, may cause Us to be in breach of contractual obligations (including indemnities) or other duties or obligations that We may have to the venue operator or other third parties, such as other attendees, sponsors, Suppliers or other participants in the Event; and

(b) any liability We incur to the venue operator or any other third party, as a direct or indirect consequence of Your act or omission, whether or not We have assumed such liability contractually, is a reasonably foreseeable and proximate loss that We can recover from You.  

13. No promise of success, etc:

If the Event includes any presentation concerning techniques, methods or approaches to the management, financing or operation of business, We make no warranty or other promise that Your adoption of such techniques, methods or approaches will generate profit or success of any kind, however You may measure it. You must not rely on the content of such presentations as professional, financial or other advice to You or Your business.

14. Suppliers are independent contractor:

You acknowledge and agree that:

(a) all goods and services supplied to You in connection with the Event (including but not limited to transport, accommodation, the venue, food and beverage, audio-visual services, security, cleaning, programme content and entertainment) will be supplied by suppliers (each, a “Supplier”) who are all Our independent contractors;

(b) unless they are actually Our employee, or We expressly identify them as Our agent, Suppliers, attendees, speakers, sponsors and exhibitors are not Our employees, agents or partners and We are not vicariously or jointly liable for their actions or omissions;

(c) nothing in this Agreement excludes or "contracts-out" of any applicable laws providing for proportionate liability; and

(d) the views and opinions expressed by any event attendee, speaker, exhibitor, or sponsor are not necessarily Our views or opinions. All attendees, speakers, exhibitors, and sponsors are solely responsible for the content of their presentations, marketing collateral, advertising and for their actions and omissions.

15. Photography and videography/filming:

(a) You must not take any photograph or record video or audio/sounds of any presentation at the Event by any means, unless We expressly permit.  

(b) We may hire service providers (photo/video/streaming/audio) to document and display the Event experience. We may also use social media to post photos and videos and to display select submissions at the venue and on Our websites. 

(c) You and all Relevant Persons irrevocably authorise Us to:

(i) record You and each Relevant Person (picture and voice) on photos, films and sound recordings (each, a “Recording”); and

(ii) edit and incorporate the Recording into a photo, video gallery, short film or webinar as a record of and for the promotion of the Event and future similar events,

for no monetary or other compensation. You and each Relevant Person agree that You/they have no right, title or interest in Recordings.  

16. Privacy and electronic messages:

You consent to:

(a) Our collection, use and disclosure of Your personal information, including sensitive information as defined in the Privacy Act 1998 (Cth);

(b) Our disclosure of Your personal information (other than “sensitive information”, such as Health information) to other attendees and other participants in the Event, and to Your receipt of electronic messages from them concerning their products and services,

(c) Our disclosure of "sensitive" personal information to Suppliers (such as health information), to the extent We consider it necessary or desirable to enable them to provide appropriate goods or services to You;

(d) Our sending You electronic messages concerning the Event and any other event that We reasonably consider You may be interested to attend.

17. COVID-19 and other Transmissible Illness - safety:

(a) We may require that You give Us evidence of vaccination in connection with or any serious transmissible illness, including but not limited to COVID-19 (in this Agreement "Transmissible Illness") as a pre-condition to allowing Your attendance at the Event. Details of such requirements will be notified on the Event Website and/or emailed to You.

(b) You must not attend the Event if:

(i) You have been diagnosed as having a Transmissible Illness, are feeling unwell with symptoms that may indicate infection with a Transmissible Illness; or

(ii) You are prohibited from travelling to or attending the Event by applicable laws or prevailing health orders, concerning Transmissible Illness.

(c) At entry to and while attending the Event, You must:

(i) comply with all applicable laws and health orders concerning Transmissible Illness;

(ii) comply with all directions issued by Us or venue staff and with safety protocols such as social distancing and hand sanitising;

(iii) comply with and submit to contact tracing protocols and procedures for Transmissible Illness safety as We may require at Our option, such as providing Us with evidence of Your vaccination status, registering with a QR Code on entry, and/or submitting to temperature testing; and

(iv) immediately report to Event staff if You experience any symptoms that may indicate infection with Transmissible Illness, and follow all reasonable directions given by Event staff or health professionals present. If requested to leave the venue, You must comply with that request.

18. Frustration of contract statutes not to apply:

The Australian Consumer Law and Fair Trading Act 2012 (Vic), the Frustrated Contracts Act 1978 (NSW) and other legislation (in any other jurisdiction) concerning frustration of contract, do not apply to this Agreement.

19. Governing law:

This Agreement is formed under and is governed by the laws applicable in Victoria, Australia, and You accept the non-exclusive jurisdiction of the courts of that place.

20. Notices:

Notices to You must be sent to the email address specified in the registration form You submit to Us.  Notices to Us must be sent to Us at the email address noted on the Event website or the registration "app" for the Event.  A notice is deemed to have been received on the date of the email unless the same shall be outside the hours of 9am to 5pm on business days in the place of receipt, in which case such notice will be deemed to have been served on the following business day at that place.