These Terms of Use (“Terms of Use”) govern your use of the Platform and the provision of the Services by Bower Bird. By using the Platform and our Services you agree to accept these Terms of Use.
The Platform is owned and operated by Bower Bird CPD (ABN 44 614 139 209) (“Bower Bird”, “us”, “our” or “we”).
In these Terms of Use, Presenters and Attendees are collectively and individually referred to as “users” or “you” as the context requires.
Your use of the Platform and the Services is conditional upon your agreement to and acceptance of these Terms of Use. Each time you use the Platform or our Services, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, do not use the Platform or our Services.
We may at any time change these Terms of Use. Changes will take immediate effect and may affect your ability to use the Platform. We will endeavour to notify you of any change prior to the date such change comes into effect by email to the email address you provide to us, however it is your responsibility to check if there have been any changes to these Terms of Use each time you use the Platform. Your use of the Platform following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.
OUR ROLE
We provide the Platform to enable Attendees to search for and register to attend Events held by Presenters who are displayed on the Platform (Services).
REGISTERING AN ACCOUNT
In order to use the Platform, users may be required to register an Account. Without limiting the registration details we may require, we may require you to provide us with:
a. your name;
b. an email address;
c. the details of a Valid Card and/or bank account; and
d. your address details.
We reserve the right to refuse or cancel registration of an Account for any reason in our sole discretion.
All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to use the Platform. You may never use another person’s Account without their permission.
You are responsible for maintaining the strict confidentiality of your Account details and for controlling access to and use of your Account, and any activity under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
USING THE PLATFORM
You may not decompile, reverse engineer, disassemble, or convert any element of the Platform to a human perceivable form; distribute or republish any element of the Platform in any way; resell, rent, lease or lend any element of the Platform; defeat, disable or circumvent any security feature of the Platform; transfer any element of the Platform to any third party; or authorise any third party to do any of the acts above.
You must not engage in crawling, scraping, caching or otherwise accessing any content on the Platform via automated means.
The Platform is designed for use by people aged 18 years and over. We reserve the right to refuse registration from individuals under 18 years of age or, in any event, to seek further information from you to verify your eligibility to use the Platform.
You are solely responsible for your interactions with other users of the Platform. You agree that we are not responsible for the conduct of any user.
Nothing in these Terms of Use is intended nor does create a partnership, agency, employment or fiduciary relationship between Bower Bird and any user.
Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable and non-transferrable licence to access and use the Platform in the manner specified in these Terms of Use. Any cost associated with accessing and using the Platform generally remains your responsibility and is dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the Platform and meets all relevant technical specifications necessary to obtain the benefit of the Platform.
The Platform may contain links to other sites not maintained by us (“Linked Sites”). We are not responsible for the content of any Linked Sites. Bower Bird does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information from you, we shall bear no responsibility or liability for the manner in which such information is used.
The Platform may utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features on the Platform, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Platform.
ADDITIONAL TERMS FOR ATTENDEES
Paragraphs 20-44 apply only to Attendees.
Registering for an Event
The Platform allows Attendees to search for and buy tickets to attend Events.
Your registration to attend an Event will be confirmed by us or the Presenter in writing by way of an email confirmation and your registration for an Event is only completed upon such written confirmation to you.
We may, in our sole and absolute discretion, either accept or reject your registration for an Event.
The subject matter of an Event and all Presenter Content related to that Event is solely the responsibility of the Presenter. Attendees are solely responsible for determining if an Event will be suitable or relevant to their professional development. We may issue an e-certificate of attendance on behalf of the Presenter, however the ability of an Attendee to claim any CPD points for attendance at an Event is subject to the professional rules governing the Attendee’s profession and practice. We make no representation or warranty about the quality of the Presenter Content, the suitability or relevance of an Event to you, or the outcome of any Event. Any questions about Presenter Content may be directed to the Presenter.
Payment of Event Fee
Event Fees will be as quoted on the Platform in Australian dollars. These prices include any applicable taxes but may exclude and any online payment administration charge imposed by us. All taxes, charges and fees will be added to the total amount due at the point of payment.
Unless we specify otherwise in writing, you must pay the total amount of the Event Fee when registering for an Event.
Payment methods: Payment for Event Fees must be made by a Valid Card through the Platform or as otherwise notified by us to you from time to time. By providing us with the details of your Valid Card, you authorise us to charge your Valid Card.
Card payments: If you pay by a Valid Card, you may be required to show the card to us as proof of identification and so that we can check that the card conforms with the receipt data for the ticket booking.
You must have sufficient funds available on your Valid Card to pay the Event Fee. We reserve the right to charge credit card surcharges and a $25 administration fee if there are insufficient funds available on your Valid Card. You acknowledge that such administration fee is a genuine pre-estimate of the loss we would incur as a result of your non-payment due to having insufficient funds.
You undertake that you are an authorised user of your Valid Card; that the Valid Card details provided are current, correct and complete; and that your Valid Card will have sufficient funds to pay the full amount the Event Fee on each occasion.
You acknowledge that Bower Bird is appointed by the Presenter to provide our Services for an Event. We will remit the Event Fee to the Presenter upon completion of the Event, after deducting our Service Fee.
We may issue discount codes or vouchers (Vouchers) from time to time for use on the Platform. Vouchers may only be redeemed on the Platform. Subject to the Australian Consumer Law, Vouchers cannot be exchanged or refunded, and are valid for such period specified at the time of issue of the Voucher. We reserve the right to cancel or modify any Voucher any time without notice. The right to use a Voucher is personal to the intended recipient and may not be transferred nor exchanged for cash. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient. If we believe in our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.
Third party payment providers
We may use third party payment providers to process payments of Event Fees.
You expressly authorise us to provide your Valid Card and/or bank account details to such third party payment providers for the sole purpose of administering payment of the Event Fee. All monetary transactions made through your use of the Platform are subject to any fees that a third party payment provider may charge.
Attending an Event
We will make all reasonable efforts to ensure that the advertised Presenters present at each Event. If a Presenter withdraws from presenting at an Event, we may replace that Presenter with another Presenter. You agree that we may validly change or replace a Presenter, or change the order of Presenters at an Event, without providing notice to you.
We may change the scheduled date or time of an Event or change the Event venue (“Rescheduled Event”). In those circumstances, we will make all reasonable efforts to contact registered Attendees using the contact details provided to us. If an Attendee is unable to attend an Event on the rescheduled date, time or venue and the Attendee notifies us before the date of the rescheduled Event, then we will provide a full refund of the relevant Event Fee.
We are not liable for any Attendee travel or accommodation costs or out of pocket expenses incurred by any Attendee in connection with an Event, including any Rescheduled Event, and you release us from any and all claims, liabilities, damages, losses and expenses arising out of or in any way connected with any Event or Rescheduled Event.
Our Services are limited to co-ordinating, promoting and managing ticket sales for Events and we do not make any warranty in connection with the accuracy of any Presenter Content. Without limitation, we accept no responsibility or liability for any Presenter Content, including any error or omission in any Presenter Content provided at an Event.
An attendee must notify us promptly in writing either on the Platform or at [email protected] if the Attendee is an organisation and it wishes to change the delegate(s) or individual attendees who will attend an Event. We reserve the right to refuse entry to an Event by any individual not notified to us as a delegate or individual attendee in advance.
Cancellations
Once you have booked a ticket to an Event and your Event Fee payment has been authorised, you will be charged the full amount.
You may cancel registration for an Event by giving us notice in writing, provided that such notice must be more than 14 days before the date of the Event. In those circumstances, we may refund the Event Fee at our sole discretion.
If you cancel your registration for an Event within 14 days of the date of the Event or you fail to attend the Event for any reason without giving us prior written notice, you will be charged the full amount of the Event Fee and you will not be entitled to any refund of the Event Fee. In such circumstances if you have not already paid the full amount of the Event Fee, Bower Bird may require that you pay such amount.
If the Event is cancelled by the Presenter for any reason, your bank or card issuer will refund the relevant amount. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that we will not be responsible or liable to you in relation to any delay by your bank or card issuer in the release of funds back into your account.
Bower Bird will not be responsible or liable in any way for any postponement, cancellation, no-show, termination or other non-performance of an Event other than as specified in these Terms of Use.
Testimonials
You agree to grant to Bower Bird (and its agents) a royalty-free, worldwide, non-exclusive licence to use your reviews and testimonials about Events, the Platform and the Services, including on the Platform, for the purpose of marketing and promoting the Events and Bower Bird’s Services in any manner.
ADDITIONAL TERMS FOR PRESENTERS
Paragraphs 46-59 apply only to Presenters participating in the Platform.
Our Services
The Platform allows Presenters to list and promote their Events which the Presenters offer to Attendees. Events are owned and operated by the Presenter and Bower Bird provides certain Presenter Services to facilitate the Events. You acknowledge that Bower Bird is not the Event owner, organiser, operator or promoter.
You exclusively appoint us to provide the Presenter Services for each Event. The specific Presenter Services we provide may be set out in a separate order form, quote or proposal between us and you. These Terms of Use will apply to any such order, quote or proposal.
You are solely responsible for the operation and conduct of the Event itself. We do not provide any services at the Event unless we agree otherwise in writing.
Authorisation to sell tickets to the Events
You exclusively appoint us and authorise us to sell tickets to the Events via the Platform.
You acknowledge that all tickets to the Event must be sold via the Platform. You must direct all ticket sale enquiries to the Platform and you must not cause, permit or procure the sale of any tickets to an Event (either directly or via any third party) outside of the Platform. Any attempt to circumvent the Platform may result in the removal of you from the Platform or the cancellation of our Presenter Services or your Event at our sole discretion.
Presenter Fees
Once you have successfully presented at an Event, subject to your compliance with these Terms of Use we will pay you the Presenter Fee. Payment will occur within 30 days after the successful completion of an Event.
To facilitate the payment of your Presenter Fee you will be asked to provide financial details including your nominated bank account details, whether or not you are registered for GST, your ABN (if applicable) and any further required details. You are responsible for the accuracy of your nominated bank account details. We may also require that you provide us with a valid tax invoice before we make payment.
We reserve the right to increase our Service Fee or introduce new prices or charges at any time.
You acknowledge and agree that payment of the Presenter Fee is subject to the amount of Event Fees paid by Attendees and that Bower Bird makes no representation or warranty in connection with the volume of ticket sales or the amount of Event Fees received by Bower Bird, or the success of an Event. You agree that you will not pursue any actions against us in respect of such matters and this provision constitutes a bar to such actions.
Presenter Content
You agree to grant to Bower Bird (and its agents) a royalty-free, worldwide, non-exclusive licence to use the Presenter Content, including on the Platform, for the purpose of marketing and promoting the Events and Bower Bird’s Services in any manner.
You warrant that:
a. you own the Intellectual Property Rights in Presenter Content you upload to the Platform, provide to us and/or present at any Event and you have the right to license the Presenter Content to us in the manner set out in these Terms of Use; and
b. any Presenter Content you upload to the Platform does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive, defamatory or contrary to any applicable laws.
Cancellations
If you cancel an Event or your presentation or speaking engagement at an Event at any time, or you fail to perform the Presenter Services in connection with an Event, you agree that you will not be entitled to receive the Presenter Fee or any part of it. You must also reimburse Bower Bird for internal and third-party costs and expenses incurred by Bower Bird in connection with the Event (including, for example, venue deposits, marketing costs and design costs).
Insurances
You acknowledge that Bower Bird’s Services are limited to co-ordinating the Event for Presenters only. We are not responsible for the operation or conduct of an Event on the date of the Event. Bower Bird will maintain insurances which are appropriate to the provision of its Services however we make no representation or warranty that our insurances are sufficient or adequate to provide coverage for any of your acts or omissions in connection with an Event or your services as a Presenter at an Event.
You warrant that you will maintain all appropriate insurances (including public liability and professional indemnity insurances) to cover any claim, event, occurrence, act, omission or other incident arising at or from or in connection with an Event, including by the Presenter (and all assistants and other staff or personnel of the Presenter) and/or an Attendee at an Event.
INTELLECTUAL PROPERTY
All Bower Bird Materials on the Platform are protected by all applicable laws including copyright and trade mark laws and may not be used by you except as permitted in these Terms of Use. Nothing in these Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in any Intellectual Property Rights in the Bower Bird Materials to a Presenter or Attendee. You must not copy, communicate or exploit the Bower Bird Materials for any purpose without the prior written consent of Bower Bird.
REPRESENTATIONS AND WARRANTIES
You warrant that:
a. all information you provide to us upon registering for an Account is true, accurate and complete and not misleading;
b. You have the right and authority to create an Account and agree to these Terms of Use, including, where relevant, the authority of any entity to create an Account, agree to these Terms of Use and to use the Platform on its behalf; and
c. You will not share any personal information of other users of the Platform with any third party.
GST
Words or expressions used in these Terms of Use that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as given in the Act. If GST applies to any supply made under these Terms of Use, then the party making that supply may, in addition to any other amount payable, recover from the other party an additional amount on account of GST, such amount to be calculated on the basis of the current GST rate. Unless otherwise specified, any amount payable under these Terms of Use is exclusive of GST.
INDEMNIFICATION
You agree to indemnify, and must defend and hold harmless, Bower Bird and its related bodies corporate, personnel, servants and agents (Indemnified Parties), from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following:
a. your breach of these Terms of Use or any of the warranties or covenants given or made by you;
b. any claim by any third party (including any other Attendee or Presenter) arising directly or indirectly from you breach of any of the provisions of these Terms of Use;
c. your attendance or presentation at an Event, including for any death, personal injury, psychological trauma, loss or damage (including property damage, damage to equipment and other items) or any other loss or liability (“harm”) howsoever arising from your participation in or attendance at an Event (including any harm arising from the negligence of Bower Bird and/or the Indemnified Parties);
d. if you are an Attendee - your claim against a Presenter for any reason;
e. if you are a Presenter - your claim against an Attendee for any reason;
f. if you are a Presenter - your Presenter Content and the presentation of your Presenter Content;
g. if you are a Presenter - any claim or allegation that your Presenter Content infringes a third party’s rights, including Intellectual Property Rights;
h. your violation of any applicable laws, rules or regulations; and
i. any misrepresentation made by you.
LIMITATION OF LIABILITY
You agree that you use the Platform and our Services at your own risk and that, to the extent permitted by law, Bower Bird disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Platform. To the extent permitted by law (but subject to paragraph 63):
a. the Platform and the Bower Bird Materials and any other features or functions associated with the Platform are provided "as is" and "as available" with all faults and without warranty;
b. no circumstances will Bower Bird be liable in any way for any Presenter Content, including but not limited to any errors or omissions in such content or any loss or damage of any kind incurred as a result of any use of such content posted, transmitted or otherwise made available via the Platform or presented, reproduced or otherwise communicated by a Presenter;
c. we do not make any promises or assurances to you about the Platform or the Bower Bird Materials, including without limitation that your use of the Platform will be uninterrupted or error-free;
d. we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other content available on or via the Platform or at or in connection with an Event and we do not accept any liability in relation to your reliance on such information, advice or other content; and
e. we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Platform or our Services.
Nothing in these Terms of Use excludes, restricts or modifies any rights that you have under existing laws or regulations, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. There are statutory guarantees under consumer protection laws that cannot be excluded. To the extent that any statutory guarantees apply to these Terms of Use, we limit our liability to the maximum extent permitted by law, at our election, to the supply of our services again or the payment of the cost of having our services supplied again.
PRIVACY
Bower Bird collects, uses, holds and discloses personal information in accordance with its Privacy Policy and otherwise as set out in these Terms of Use. These Terms of Use prevail to the extent of any inconsistency.
In addition to the purposes of collection set out in our Privacy Policy, Bower Bird collects personal information from you for the following purposes: to enable us to administer and provide the Platform and provide the Services; to connect Attendees with Presenters; to facilitate payments; to verify your identity; and to assist us in improving the Platform and our Services. We may provide your personal information to our affiliates, commercial partners and financial service providers (for example, a bank, a payment network, or other financial intermediary) for these purposes.
MONITORING, SUSPENSION AND TERMINATION
Bower Bird reserves the right to monitor the Platform generally and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, we may close or freeze the Account immediately. Bower Bird retains the right and absolute discretion to suspend or terminate your Account, and/or access to the Platform generally without notice if we believe you have abused any privilege accorded to you as a participant on the Platform, supplied misleading information or Content or made any misrepresentations to us in connection with the Platform, tampered with the Platform in any way, breached these Terms of Use, or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of the Platform. Bower Bird retains the right to remove any Content that it considers breaches these Terms of Use.
GENERAL TERMS
If the Platform is not capable of running as planned for any reason beyond the reasonable control of Bower Bird, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Platform, Bower Bird reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Platform.
Bower Bird provides the Services as an independent contractor to the Presenter and not in the capacity of an employee, partner or agent or in any other capacity.
These Terms of Use are governed by and are to be construed in accordance with the laws of the State of New South Wales and the parties submit to the jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
If you are using the Platform on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Bower Bird and supersede any prior agreements between you and Bower Bird. You may not assign any rights or obligations under these Terms of Use, in whole or in part, to any third party without the prior written consent of Bower Bird. Bower Bird may assign its rights or obligations hereunder at its sole discretion.
If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms of Use without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
CONTACT AND HELP DETAILS
The following terms have the following meanings in these Terms of Use:
“Account” means an account completed by a Presenter or Attendee for use of the Platform and our Services;
“Attendee” means a user of the Platform who registers to attend an Event;
“Bower Bird Materials” means the Platform and any associated materials owned, developed or licensed by Bower Bird (other than the Presenter Content) and made available via the Platform, including any posts, comments, information, video, audio, photographs, illustrations, animations, data or other interactive features which may be made available on the Platform;
“CPD” means continuing professional development;
“Event” means any conference, seminar, course or other speaking program of a Presenter;
“Event Fee” means the fee specified on the Platform which is payable by an Attendee to attend an Event;
“Intellectual Property Rights” means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise;
“Platform” means the Website, any mobile or tablet application owned or operated by Bower Bird and any associated Bower Bird properties or websites;
“Presenter” means any person or entity, or its duly authorised agents or representatives, who has engaged Bower Bird to provide the Services;
“Presenter Content” means the course content owned and developed by a Presenter for an Event, including any such content uploaded to the Platform by or on behalf of a Presenter or provided to Bower Bird in connection with an Event;
“Presenter Fee” means the fee payable by Bower Bird to the Presenter on successful completion by the Presenter of an Event;
“Presenter Services” means the promotion and organisation of an Event by Bower Bird for a Presenter, which may include some or all of the following services:
a. venue hire;
b. Event catering;
c. Event marketing and promotion;
d. Event logistics;
e. printing Event materials;
f. supply of Event equipment; and
g. graphic design, web design and/or copywriting;
“Service Fee” means the fee charged by Bower Bird for the Services, which is deducted from the Event Fee; and
“Valid Card” means a valid Visa, Mastercard or American Express credit card.
