These terms and conditions (“Terms”) apply to all Participants at Events (in each case as defined below). Your participation in an Event constitutes your agreement to these Terms.

1. Definitions

In these Terms the following capitalised words and expressions have the meanings set out against them below:

“Company”, “we”, “us” or “our”: The Trust Company (Australia) Limited as trustee for SG REIT (SA) Sub-Trust2, trading as The Myer Centre Adelaide.

“Content”: materials, data, information and products provided by the Company or third parties at, relating to, or forming part of, the Event.

“Event”: an event conducted, coordinated or operated by or on behalf of the Company, which may include (without limitation) a conference, exhibition, convention, summit, seminar, webinar, meeting, workshop, award dinner, public training, private or bespoke training, and includes an event conducted via an Online Event Platform.

“Event Confirmation”: our written (including digital) confirmation of your registration for participation in that Event.

“Event Marks”: registered or unregistered trade marks owned by or licensed to the Company relating to the Event.

“Event Sponsor”: a person or company which has entered into a sponsorship arrangement with the Company or third parties in relation to an Event.

“Event Venue”: the venue at which a physical Event is held.

“Fee”: the fee payable by a Participant (or Event Sponsor on behalf of a Participant) for the Participant to participate in an Event, including any amount payable for optional extras (if applicable) as described in clause 2.1.

“Intellectual Property Rights”: patents, rights to inventions, copyright and neighbouring and related rights, trade marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights.

“Losses”: actions, damages, claims, liabilities, costs, losses and expenses (including, without limitation, reasonable legal fees).

“Online Event Platform”: any electronic platform which may be used to host an Event.

“Participant”, “you” or “your”: an individual who participates in an Event in any capacity other than as a representative of the Company or of the Event Venue or Online Event Platform.

“Privacy Act”: the Privacy Act 1988 (Cth).

“Registration Details”: the personal information provided by the Participant when registering to participate in an Event.

“Sponsor Delegate”: a Participant who participates in an Event on behalf of, or using an invitation provided by, an Event Sponsor using a delegate ticket (including digital) issued to the Event Sponsor as part of the agreed sponsorship package, and any reference in these Terms to Participant will include a Sponsor Delegate unless expressly stated otherwise.

2. Registration for Events

2.1 Validly registering for an Event (including payment of any applicable Fee) will entitle you to admittance to that Event as a Participant, subject to these Terms. Any optional extras may incur an additional cost to the basic registration fee. In consideration for being granted access to the Event, you agree to comply with these Terms.

2.2 The Registration Details of each Participant must be registered with us not less than two business days before the start of the Event. We reserve the right to exclude from any Event any individual whose name does not appear on our register of Participants at the start of the Event or whose Registration Details were not registered as required by this clause.

2.3 When registering for an Event, you must provide us with accurate and complete Registration Details. It is your responsibility to inform us of any changes to that information (including, without limitation, your email address) by updating your details on the relevant section of the applicable website or contacting us using the contact information provided to you in any Event Confirmation.

2.4 All registrations for Events are subject to availability and to acceptance by the Company at its absolute discretion. Myer Centre Adelaide staff and their immediate families are not eligible to participate in an Event unless agreed by the Company in its sole discretion.

2.5 Where an Event requires an event ticket to enable entry, you may be required to provide evidence of your identity for your ticket to be issued to you. Participants must keep their event ticket in their possession at all times during their participation in the Event and the Company reserves the right to refuse entry to or eject Participants who fail to produce a valid event ticket when requested. The event ticket may be a digital ticket issued to you when you register for the Event.

2.6 By participating in the Event you acknowledge and agree that photographs and filming may take place at the Event. The Company reserves the right for the Company and its service providers (such as the Company’s events agency, photographer, videographer or graphic designers) to use, publish and broadcast images and videos recorded at the Event which may include your photograph and/or likeness and/or (where applicable) those of a child of which you are a parent or guardian, in marketing materials, including social media channels, websites and print material, without obtaining any further approval from you or making any payment to you. If you do not wish photographs to be taken of you or (where applicable) a child of which you are a parent or guardian at an Event please notify the photographer during the Event and we will use reasonable endeavours to comply with your request.

2.7 Participants under 13 years of age must be accompanied by an adult at all times while participating in the Event.

2.8 Participants may not sell, transfer, lend, share or otherwise allow any other person to use, their event tickets.

3. Attendance Requirements

3.1 Each Participant must:

(a) observe and comply with the rules, policies and procedures applicable to the Event Venue (including in relation to health and safety) or Online Event Platform and any reasonable instructions issued by the Company and/or the management of the Event Venue or the Online Event Platform; and

(b) behave in a respectful and appropriate way that does not breach any laws or regulations.

3.2 You agree that your travel to and participation in an Event is at your own risk and not the responsibility of the Company.

4. Participant Obligations

4.1 The Company reserves the right to refuse entry by any Participant to an Event or to remove any Participant from an Event or block them from an Online Event Platform for any reason, including for non-compliance with these terms and conditions, and at its sole discretion.

4.2 You indemnify the Company in respect of, and the Company reserves the right to recover from you, any Losses incurred or suffered by us, the operator of the Event Venue or Online Event Platform or any other Participants as a result of your conduct at the Event or failure to comply with these Terms. A Participant will not be entitled to any refund of any Fees if the Participant is refused entry, removed from an Event, breaches these Terms or is required to indemnify any person. The Company holds the benefit of this indemnity on trust for the other persons named in this clause.

5. Fees

5.1 Payment in full of any applicable Fees for the Event is due upon registration. Payment may be required to be made to the Company, or to a third party nominated by the Company such as a service provider providing assistance relating to the Event.

5.2 If such payment is not made, is insufficient or is declined for any reason, the Company may refuse entry to the Event.

5.3 If payment is made to a third party, then the payment will be subject to that party’s terms and conditions. The Company will have no liability to you in respect of such payments. You must comply with any terms and conditions notified to you by the third party.

6. Intellectual Property Rights

6.1 All Intellectual Property Rights relating to Events and Content relating to Events are the property of the Company or its third-party suppliers. If you have or acquire any Intellectual Property Rights that relate to Events or Content relating to Events, you hereby assign those Intellectual Property Rights absolutely to us, and you consent to any act or omission by us (or any other person we authorise) that may constitute a breach of any moral rights associated with any Intellectual Property Rights you assign to us. We may provide a licence to third parties, including Event Sponsors, to use the Content at our sole discretion.

6.2 Participants may use the Content solely for their own personal use and benefit and not for resale, distribution, commercial or other purposes. Participants must not transfer or provide the Content to any other person.

6.3 The Event Marks may not be used by Participants in any form without the Company’s prior written permission.

6.4 Any request for permission to republish, reprint or use for any other purpose any of the Content or Event Marks must be sent by email to the Event contact as described in your Event Confirmation. Any such permission will be granted at the Company’s sole discretion.

7. Changes to Event

While the Company will use reasonable endeavours to ensure that Event programmes are correct at the time of publication, we may modify or change the format, Content, venue, speakers, hosts, moderators and/or timing of an Event. The Company will use its reasonable endeavours to notify all Participants of any such changes prior to an Event. If a Participant does not agree to the changes, the Participant may cancel their attendance at the Event and obtain a refund of Fees paid if applicable.

8. Cancellation and Substitution

8.1 We may in exceptional circumstances need to cancel or postpone an Event, in which case we will notify you as soon as reasonably practicable. In the event of cancellation, we will issue you a full refund of relevant Fees paid by you. In the event of postponement, we will offer you the option to re-register for the rescheduled Event or receive a full refund of relevant Fees paid by you. Our liability to you as a result of any cancellation or postponement of an Event will be limited to the amount of Fees which you have paid to us for that Event only and we will not be liable for any other Losses you may incur as a result of such cancellation or postponement.

8.2 Refunds will be issued back to the debit/credit card used for payment or by bank transfer. Refunds back to debit or credit card can only be processed within 60 days of the original transaction date. Refunds for earlier transactions must be processed by bank transfer. We may be unable to issue the refund if you do not provide us with the information that we require, such as your bank account details.

8.3 You may be able to cancel your attendance at the Event, by following the instructions provided to you by the Company or any third-party service provider assisting with the conduct of the Event.

9. Privacy

9.1 Personal information provided to the Company in connection with an Event will be handled and used in accordance with these Terms and the Company’s Privacy Policy published at https://myercentreadelaide.com.au/privacy/. The Privacy Policy contains information about how individuals may access personal information held by the Company and seek correction of such information, and how individuals may complain about a breach of the Australian Privacy Principles and how the Company will deal with such a complaint.

9.2 By registering for an Event or otherwise disclosing personal information to the Company, the Participant agrees to the use and disclosure of their personal information as specified in these Terms and the Company’s Privacy Policy, and if the Participant may not be able to register for or attend the Event if they do not provide the requested personal information.

9.3 The Company may use the personal information of the Participant in order to administer the Event and provide services relating to the Event, including but not limited to use for purposes such as invoicing and payment, seeking feedback after the Event, conducting market research and quality checks.

9.4 The personal information of the Participant may be disclosed to third parties, including Event Venue or Online Event Platform staff or management, presenters, trainers, organisers, print houses, finance providers, faculties, committees, Event service providers and external delivery suppliers, in connection with the Event. The personal information is not likely to be disclosed to overseas recipients.

9.5 Where a Participant provides the personal information of any other person in connection with an Event, the Participant warrants that the Company’s use of that personal information will not breach the Privacy Act or any other law.

9.6 By registering for an Event, the Participant consents to receive direct marketing from the Company or its related entities or service providers. If the Participant does not wish to receive direct marketing, the Participant should notify the Company or use the opt-out mechanism provided in the communications.

10. Limitation of liability

10.1 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury;

(b) fraud or fraudulent misrepresentation; or

(c) any other liability which cannot be limited or excluded by applicable law.

10.2 You agree that your access to any Event and your use of any of the Content is at your sole risk and responsibility and acknowledge that all Content is provided “as is” and “as available”. The Content is made available for your general information and any advice, opinion, statement or other information forming part of the Content is not intended to be contractual in nature or to address your particular requirements. The Content does not constitute any form of advice, recommendation or arrangement by us (including, without limitation, investment advice or an offer or solicitation to buy or sell any security, financial product or other investment) and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision.

10.3 Except as expressly stated in this Agreement, the Company and the Event Sponsor make no express or implied warranty or representation in connection with the Event.

10.4 Subject to clause 10.1, we will not be liable, whether based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in relation to an Event or these Terms, for any indirect or consequential losses.

10.5 Subject to clause 10.1, the Company’s total liability to you, whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in relation to these Terms will not exceed the total amount of the Fees paid or payable by you under these Terms.

11. Amendment

We may make amendments to these Terms from time to time. Any such amendments will be posted on the Event website. Amendments will be effective immediately on the amended Terms being posted on the Event website and you will be deemed to have accepted them if you participate in the Event. If you do not wish to accept them, you must cancel your participation in accordance with clause 8 of these Terms and any cancellation terms provided by us to you relating to the Event.

12. Entire Agreement

These Terms together with any terms provided by us to you with the application or registration form for an Event (where relevant) constitute the entire agreement and understanding between you and the Company relating to your participation in the Event and supersedes all previous terms, communications and discussions whether written or oral relating to that subject matter.

13. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of South Australia, and South Australian courts will have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms. If any part of these Terms is held to be invalid or unenforceable by a court, it will be severed and will not affect the remainder, which will continue in full force and effect.

TryBooking is an online system for organisations and community groups that has been designed to look after the entire event ticketing and registration needs.

All issues relating to the sale of tickets and the hosting of their associated event(s) are the responsibility of the “Event Organiser” and not that of TryBooking Pty Ltd (Australian Business Number 71126987915).

Please visit https://www.trybooking.com/info/customer-terms-and-conditions for our terms and conditions.