EBOSS Event Terms and Conditions

1. Agreement

1. These Terms apply to all bookings for the Event.
2. The Event Partner/Exhibitor/Delegate shall be deemed to have accepted these Terms once the Event Partner/Exhibitor/Delegate has signed and/or submitted the Booking Form and/or paid the Deposit.
3. Bookings are only valid after all Fees, including the Deposit (where applicable), and any other amounts payable in advance of the Event have been received by EBOSS.
4. All booking requests are subject to approval by EBOSS at its absolute discretion. A booking request may be refused or cancelled without reason in any circumstances, regardless of whether any amounts have been paid.
5. The Event Partner/Exhibitor/Delegate will not subcontract or assign the rights to the Event, or any other rights under the Agreement, except with the prior written consent of EBOSS.
6. The Event Partner/Exhibitor/Delegate acknowledges that the Agreement does not confer upon it exclusive right to exhibit at, Event Partner or attend the Event (unless expressly recorded in the agreed Booking Form) and EBOSS may accept as many bookings as EBOSS, in its sole discretion, considers appropriate.

2. Event Partner/Exhibitor  - Use of Event Space

1. Subject to a valid booking and EBOSS’s acceptance of the booking, EBOSS shall make available to the Event Partner/Exhibitor an Event space for the purpose of exhibiting the Event Partner/Exhibitor's display.
2. Whilst EBOSS will endeavour to accommodate the preferences of the Event Partner/Exhibitor as to the size(s) and location(s) of displays in the Event Venue, EBOSS in its sole discretion will determine allocation of spaces. EBOSS will endeavour to advise the Event Partner/Exhibitor of the size(s) and location(s) of its display in the Event Venue in advance of the Event.
3. Access to the Event Venue will only be between the hours stipulated by EBOSS.
4. The Event Partner/Exhibitor is responsible for its own set-up costs and arrangements.
5. The Event Partner/Exhibitor must complete removal of all exhibits, banners and materials in the Event Partner/Exhibitors Event space within 60 minutes of the end of the Event, or such other time as stipulated by EBOSS.
6. The Event Partner/Exhibitor will not cause damage to the Event Venue (including floors, walls, and ceilings) and will install any materials, furniture, equipment, banners, signage, décor etc. in a manner which does not damage the Event Venue or Equipment. The Event Partner/Exhibitor will be liable to pay the costs of any cleaning/repairs required to the Event Venue and/or Equipment.
7. At the end of the Event, the Event Partner/Exhibitor will:
   1. leave the Event Venue clean and tidy, and clear of rubbish and possessions;
   2. leave all chattels, fixtures and fittings supplied at the Event Venue; and
   3. leave any keys/passes etc. with EBOSS.
   Where additional cleaning or damage repair is required for the Event space occupied by the Event Partner/Exhibitor (or otherwise due to the acts or omissions of the Event Partner/Exhibitor), any cleaning/repair charges will be charged to the Event Partner/Exhibitor. Any lost property or unclaimed items will be immediately disposed of. EBOSS is not responsible for lost property or items left at the Event Venue, whether during or after the Event.

3. Fees and Payment 

EVENT PARTNER

1. The Event Partner will pay the Fee no later than the date(s) specified by EBOSS in the Booking Form or, where no date is specified, on the 20th of the month prior to the event date. 
2. The Event Partner authorises EBOSS to charge a cancellation fee pursuant to clause 8 if the Event Partner cancels its attendance at the Event.
3. In the event that any monies are not paid in full by the Event Partner when due under the Agreement, EBOSS shall be entitled to charge interest at a rate of 2.5% per month or part month overdue, and EBOSS is, in addition, entitled to recover all debt collection costs and related legal expenses (on a solicitor-client basis).
4. In the event any monies due are not paid in full, EBOSS reserves the right to refuse/cancel the Booking.

EXHIBITOR

1. The Exhibitor will pay the Fee and Deposit no later than the date(s) specified by EBOSS in the Booking Form or, where no date is specified, immediately following acceptance by EBOSS of the Booking Form. The Exhibitor agrees that, where it authorises any fees to be paid by credit card, these will be charged immediately.
2. In addition, the Exhibitor agrees that, where it authorises the first instalment of any Fees to be paid by credit card, EBOSS is authorised to charge the subsequent instalment(s) of the Fees to the same credit card.
3. The Exhibitor authorises EBOSS to deduct a cancellation fee pursuant to clause 8 if the Exhibitor cancels its attendance at the Event.
4. In the event that any monies are not paid in full by the Exhibitor when due under the Agreement, EBOSS shall be entitled to charge interest at a rate of 2.5% per month or part month overdue, and EBOSS is, in addition, entitled to recover all debt collection costs and related legal expenses (on a solicitor-client basis).
5. In the event any monies due are not paid in full, EBOSS reserves the right to refuse/cancel the Booking.
6. The Exhibitor(s) irrevocably authorises EBOSS to charge the Exhibitor(s)’ credit card for unpaid Fees and all other amounts due under the Agreement.

DELEGATE

1. The Delegate will pay the Fee and Deposit no later than the date(s) specified by EBOSS in the Booking Form or, where no date is specified, immediately following acceptance by EBOSS of the Booking Form. The Delegate agrees that, where it authorises any fees to be paid by credit card, these will be charged immediately.
2. In addition, the Delegate agrees that, where it authorises the first instalment of any Fees to be paid by credit card, EBOSS is authorised to charge the subsequent instalment(s) of the Fees to the same credit card.
3. The Delegate authorises EBOSS to deduct a cancellation fee pursuant to clause 8 if the Exhibitor cancels its attendance at the Event.
4. In the event that any monies are not paid in full by the Delegate when due under the Agreement, EBOSS shall be entitled to charge interest at a rate of 2.5% per month or part month overdue, and EBOSS is, in addition, entitled to recover all debt collection costs and related legal expenses (on a solicitor-client basis).
5. In the event any monies due are not paid in full, EBOSS reserves the right to refuse/cancel the Booking.
6. The Delegate irrevocably authorises EBOSS to charge the Delegate's credit card for unpaid Fees and all other amounts due under the Agreement.

4. Event Partner/Exhibitor - Obligations

The Event Partner/Exhibitor shall:

1. Use its best endeavours to ensure that the Event Partner/Exhibitor activities do not adversely affect the business interests or reputations of EBOSS or its customers, Event Partner and other exhibitors.
2. The Event Partner/Exhibitor and persons under the control of the Event Partner/Exhibitor shall not cause a nuisance in the Event Venue or interfere in any way with other Event Partner or exhibitor or persons in the Event Venue.
3. The Event Partner/Exhibitor will not bring dangerous goods or appliances into the Event Venue and will not (except for customary office applications) use or permit the use of any chemicals or flammable substances in the Event Venue.
4. The Event Partner/Exhibitor shall not do or permit anything to be done in or near the Event Venue which will in any way obstruct or interfere with the right of other occupants or in any other way injure or annoy them or which may create a fire hazard or which may contravene the provisions of any insurance policy in respect of the Event Venue or conflict with any of the rules regulations ordinances by-laws or other enactments of any relevant authority.
5. The Event Partner/Exhibitor and persons under the control of the Event Partner/Exhibitor shall at all times observe, and require compliance of other parties of, any rules or policies of the Event Venue management.  

5. Intellectual Property Rights

1. The Event Partner/Exhibitor is authorised by EBOSS to use the Event name and Trade Marks solely in connection with Event Partner/Exhibitors reasonable advertisement and promotion of the Event. The Event Partner/Exhibitor agrees to accept and observe any conditions and discretion's that EBOSS may impose from time to time as to the use of Trade Marks (including the Event name) and shall cease using the Trade Marks when required to do so by EBOSS.
2. Nothing contained in this Agreement shall give the Event Partner/Exhibitor any interest in the Intellectual Property. The Event Partner/Exhibitor acknowledges that EBOSS owns and retains all proprietary rights in the Intellectual Property, and agrees that it will not at any time during or after this Agreement assert or claim any interest in or do anything that may adversely affect the validity or enforceability of the Intellectual Property.

6. No Endorsement or Association

The Event Partner/Exhibitor/Delegate understands that participation in the Event does not amount to any endorsement by EBOSS of the Event Partner/Exhibitor/Delegate brand or products. The Event Partner/Exhibitor/Delegate undertakes not to use the name, Trade Marks or branding of EBOSS in any manner which suggests or implies that EBOSS endorses the Event Partner/Exhibitor, or the Event Partner/Exhibitor /Delegate brand or products.

7. Cancellation by EBOSS

EBOSS reserves the absolute right to, at any time:

1. cancel or postpone the Event;
2. cancel, terminate, or determine the booking;
3. alter or vary the guest speakers, the number of guest speakers, the movie title, number of event partner/exhibitors; or
4. change the Event Venue; or
5. require the Event Partner/Exhibitor or any other persons to immediately leave any Event Venue.

In this situation, EBOSS retains full discretion whether to offer a refund of any Fees or other amounts paid.

8. Cancellation by the Event Partner/Exhibitor/Delegate

EVENT PARTNER

1. The Event Partner acknowledges and agrees that for cancellation notices received from the Event Partner:
   1. More than 90 days before the Event Date there will be no penalty 
   2. 61 - 89 days prior to the event 25% of the total money due will be required
   3. 46 - 60 days prior to the event 50% of the total money due will be required
   4. 45 days or less before the Event Date 100% of the total money due will be required

EXHIBITOR

1. The Exhibitor acknowledges and agrees that for cancellation notices received from the Exhibitor:
   1. More than 30 days before the Event Date, a full refund of any funds already received from the Exhibitor will be given, minus any non-refundable deposit and/or any reasonable administration costs or losses incurred by EBOSS from the cancellation;
   2. 14 to 29 days before the Event Date, a 50% refund of any funds already received from the Exhibitor will be given, minus any reasonable administration costs or losses incurred by EBOSS from the cancellation;
   3. 13 days or less before the Event Date, no refund will be payable.

DELEGATE

1. The Delegate acknowledges and agrees that for cancellation notices received from the Exhibitor:
   1. More than 30 days before the Event Date, a full refund of any funds already received from the Exhibitor will be given, minus any non-refundable deposit and/or any reasonable administration costs or losses incurred by EBOSS from the cancellation;
   2. 14 to 29 days before the Event Date, a 50% refund of any funds already received from the Exhibitor will be given, minus any reasonable administration costs or losses incurred by EBOSS from the cancellation;
   3. 13 days or less before the Event Date, no refund will be payable.

9. Right of Admission Reserved

1. EBOSS reserves the right to refuse Event admission to any person, at any time, without reason. Without limiting this right, EBOSS may refuse admission to persons who are under the age of 18, causing damage, disruption or nuisance, or intoxicated.
2. Without limiting EBOSS’s absolute rights to cancel and/or refuse admission, if the Event Partner/Exhibitor/Delegate does not comply with the law, this Agreement, or any of EBOSS’s reasonable requests, EBOSS reserves the absolute right to (without refund) require the Event Partner/Exhibitor/Delegate or any other persons to immediately leave the Event Venue, and/or confiscate any property within the Event Venue, to be returned to the Event Partner/Exhibitor/Delegate at the end of the Event.
3. Except as agreed by EBOSS, the Agreement does not give the Event Partner/Exhibitor/Delegate or its guests, employees, agents, contractors, or other personnel, entry to the Event. EBOSS takes no responsibility whatsoever for losses incurred because the above persons fail to hold valid Event tickets and/or Event Partner/Exhibitor/Delegate passes.

10. Privacy Act 2020 and Event Partner/Exhibitor/Delegate Information

1. EBOSS will hold the Event Partner/Exhibitor/Delegate data and personal information securely and not pass any personal information on to any other third party unless demanded and required to under the laws of New Zealand.
2. The Event Partner/Exhibitor/Delegate has rights of access to and correction of personal information contained in the Agreement subject to the provisions of the Privacy Act 2020.
3. Notwithstanding subclauses (a) and (b), the Event Partner/Exhibitor/Delegate agrees that EBOSS may use the Event Partner/Exhibitor/Delegate contact details to inform the Event Partner/Exhibitor/Delegate about future events and other activities of EBOSS.

11. Event Partner/Exhibitor/Delegate Personnel

1. The Event Partner/Exhibitor/Delegate shall ensure that its employees, agents and contractors adhere to the terms of the Agreement.
2. The Event Partner/Exhibitor/Delegate agrees to indemnify EBOSS for all loss resulting directly or indirectly from any breach of the Agreement by the Event Partner/Exhibitor or its employees, agents and contractors.

12. No Warranties

To the maximum extent permitted by law, EBOSS disclaims all warranties, either express or implied, including (without limitation) any implied warranties of fitness for a particular purpose (including as to anticipated benefits from the Event), with regard to the subject matter of the Agreement.  

13. Liability of EBOSS

1. The Event Partner/Exhibitor/Delegate occupies and uses the Event Venue and Equipment at the Event Partner/Exhibitor/Delegate sole risk. EBOSS and its Affiliates take no responsibility for the loss or damage of Event Partner/Exhibitor property inside or outside the Event Venue and/or facilities, even where confiscated or held by EBOSS. Any property is held at the owner’s risk.
2. To the maximum extent permitted by applicable law, EBOSS shall not be liable for any damages whatsoever (including, without limitation, damages for lost revenues, loss of business profits, or other pecuniary loss, or any direct, indirect, special, incidental, punitive, exemplary or consequential damages of any nature) arising out of or in relation to this Agreement, even if it has been advised of the possibility of such damages.
3. Subject to subclauses (a) and (b), if EBOSS is liable for any loss, injury, damages, claims, or costs suffered by the Exhibitor or any third party whatsoever, arising from or in relation to the Agreement (including, without limitation, for breach of any obligation (statutory, express or implied) relating to this Agreement (whether in contract, tort (including negligence), equity, statute or otherwise), EBOSS’ maximum aggregate liability shall be limited to the total amount actually paid by the Event Partner/Exhibitor to EBOSS pursuant to the Agreement.
4. If the Event Partner/Exhibitor is making this Agreement for a business purpose as defined in the Consumer Guarantees Act 1993, the provisions of that Act are excluded by mutual agreement and do not apply.

14. Health and Safety

1. The Event Partner/Exhibitor/Delegate shall comply fully with all health and safety information, policies and instructions provided or notified by EBOSS or Event Venue management.  The Event Partner/Exhibitor/Delegate will take all necessary steps to ensure their own health and safety and the health and safety of others at the Event , including (without limitation) ensuring that the Event Partner/Exhibitor/Delegate actions (or inactions) do not cause harm, or risk of harm, to themselves or others.
2. The Event Partner/Exhibitor/Delegate shall immediately notify EBOSS of any health and safety related incident that occurs at the Event, or whilst the Event Partner/Exhibitor/Delegate is at the Event Venue. This includes any of the Event Partner/Exhibitor/Delegate employees, agents and contractors that attend the Event.
3. Notwithstanding anything contained in any part of these Terms, it shall be the express responsibility of the Event Partner/Exhibitor/Delegate to ensure that its exhibit complies in all respects with such legal requirements as may be in force at the time of the Event. The Event Partner/Exhibitor/Delegate must comply with all provisions of the Health and Safety at Work Act 2015, and New Zealand Fire Safety regulations.  EBOSS or Event Venue management may direct the Event Partner/Exhibitor/Delegate to adopt satisfactory fire safety measures in respect of the Event Venue.

15. Relationship of the Parties

Nothing expressed or implied in the Agreement shall constitute either party as the partner, agent, employee or officer of, or as a joint venturer with, the other party and neither party shall make any contrary representation to any person. No provision of the Agreement shall empower a party to act on behalf of the other in any way, or to incur any liability on behalf of the other.

16. Force Majeure

EBOSS shall not be liable for any non-performance, loss or damage arising directly or indirectly due to an act of God, fire, armed conflict, labour disputes, civil commotion, intervention of a government, accidents, interruption to transportation or telecommunications, weather, Event Venue cancellation, speaker illness or cancellation or any other cause outside its control.

17. Further Assurances

Each of the parties will execute and deliver any necessary documents and do any further acts and things as may reasonably be required from time to time to give effect to the provisions and intent of the Agreement.

18. Entire Agreement

The Booking Form (and any attachments), together with these Terms, constitute the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing, on the subject matter of the Agreement. If there is a conflict between the Booking Form and any provisions of these Terms, the Booking Form shall take precedence.

19. Waiver or Variation

Any indulgence granted or failure to insist on the strict terms of this Agreement by EBOSS shall not constitute any waiver of subsequent breach or default by the Event Partner/Exhibitor/Delegate, or prejudice the future enforcement of rights or remedies of EBOSS under this Agreement.

20. Survival of Agreement

The covenants, conditions and provisions of the Agreement that are capable of having effect after the expiration of the Agreement shall remain in full force and effect following the expiration of the Agreement.

21. Severability

If any provision of the Agreement is held invalid, unenforceable or illegal for any reason, this Agreement shall remain otherwise in full force and effect apart from such provision.

22. Assignability

The Event Partner/Exhibitor/Delegate shall not assign or purport to assign any rights or obligations arising under this Agreement, except to an assignee approved by EBOSS and subject to such reasonable terms and conditions as EBOSS may impose. EBOSS may assign or novate its rights and obligations under the Agreement at any time by written notice to the Event Partner/Exhibitor/Delegate .

23. Miscellaneous

1. This Agreement shall be construed in accordance with and governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts in respect of all matters relating to this Agreement.
2. Notices under the Agreement can be delivered in person, or by email to the address notified in the Booking Form (which may be updated from time to time by each party).

24. Interpretation

Unless specified otherwise:

1. All references to fees and payments in this Agreement shall be GST exclusive.
2. References to currency or times are references to New Zealand currency or times.
3. Any reference to legislation, statute or other laws includes reference to any modification, substitute for, consolidation or re-enactment of it and any regulation, order in council or other instrument from time to time made or issued under such legislation, statute or other laws.

25. Definitions of Capitalised Words

In the Agreement, the following meanings apply:

• "Additional Fees” means the additional fees payable by the Event Partner/Exhibitor/Delegate to EBOSS (if any) as specified in the Booking Form;
• "Agreement” means these Terms together with the Booking Form. The Agreement may comprise physical and/or electronic written documents.
• “Booking Form” means the booking form, statement of work or equivalent document containing details of the Event Partner/Exhibitor/Delegate, Event, Fee and related information, whether in physical or electronic form (including email form).
• “Deposit” means the Fee deposit (if any) specified in the Booking Form.
• “EBOSS” means Quad Concepts Limited, trading as EBOSS, and includes its directors, officers, employees and representatives.
• “Equipment” means all articles of equipment hired from EBOSS including any fittings, furniture, accessories, signage, parts and packaging supplied to the Event Partner/Exhibitor/Delegate by EBOSS pursuant to this Agreement (and includes any incidental supply of services).  
• "Event Partner" means the party specified in the Event Partner Details.
• “Exhibitor” means the party specified in the Exhibitor Details.
• “Event” means the Event specified in the Booking Form.
• “Event Venue” means the venue of the Event, which may be specified in the Booking Form.
• “Fee” means the fee, including any Additional Fees, specified in the Event Partner/Exhibitor/Delegate Fee section of the Booking Form.
• “GST” means goods and services tax in terms of the Goods and Services Tax Act 1985, at the rate prevailing from time to time.
• “Intellectual Property” means any products, work or material (in whatever format) which includes or incorporates any Intellectual Property Rights, and including, without limitation, the names, logos and branding of the Event and EBOSS.
• “Intellectual Property Rights” means any patents, copyright, designs, Trade Marks, and any other right granted by the operation of law which confers protection on any written or artistic work created by intellectual effort and all associated intangible assets created as a by-product (including market position, brands, trade names, product/event names, know-how, methods, concepts, ideas).
• “Terms” means these EBOSS Event Terms.
• “Trade Mark” means any registered or non-registered mark owned by EBOSS including (but not limited to) the name of the Event.