TERMS AND CONDITIONS
“SPAR Australia” means SPAR Australia Limited ABN 69 102 281 167.
“Trade Show” means the SPAR Australia Trade Show 2023, August 9th to August 12th 2023.
“Trade Show Hours” means the hours during which the Trade Show will be opened as specified in clause 20.
“Trade Show Site” means the Gold Coast Convention and Entertainment Centre.
“Exhibitor” means the company or individual named on the Exhibitor Booth Booking Form.
“Trade Show Stand Booking Form” means the approved form for participation in the Trade Show by a potential Exhibitor.
“Manager” means Gold Coast Entertainment and Convention Centre.
“Owner” means The State of Queensland.
“Terms and Conditions” means the Exhibitor Booth Booking Form and the Terms and conditions contained herein.
2. Amending the Terms and Conditions:
The Terms and Conditions contain the entire understanding between SPAR Australia and the Exhibitor and supersede all prior communication between the parties. SPAR Australia reserves the right to alter or add to the Terms and Conditions as may be necessary for compliance with any laws or with any directions given by the Owner or Manager of the Trade Show site, and generally for the efficient running of the Trade Show.
3. Compliance with Terms and Conditions and all Laws:
The Exhibitor agrees to comply with all directions and legal requirements of all Government and Local Government bodies, legislation and with the Terms and Conditions.
4. Exhibitor Bookings:
The allotment of space to an Exhibitor will be at the discretion of SPAR Australia upon the receipt of a completed and signed “Stand Booking Form” from the potential Exhibitor. If SPAR Australia accepts the booking, the Exhibitor shall be bound by the Terms and Conditions.
Requirements as to the size, shape and features of booths are contained in the Exhibitors Information “Kit” provided by SPAR Australia on acceptance of an Exhibitor’s booking. The design and character of all booths and exhibits is subject to prior approval of SPAR Australia.
SPAR Australia reserves the right at any time to alter the size, shape features or position of the booths and/or floor plan of the Trade Show as may be necessary for the best interests of the Trade Show.
5. Payment and Terms:
Prices for goods and/or services (including the allotment of space to the Exhibitor in accordance with clause 4) provided by SPAR Australia in accordance with the Terms and Conditions are exclusive of GST.
All deposit monies (including any applicable “Additional Costs” in accordance with clause 6) payable by an Exhibitor in respect of a booking must be paid to SPAR Australia, without set-off, on or before 09/06/2023
Stands will not be confirmed without deposit. Exhibitors without an active trading account will be invoiced and required to pay the deposit 7 days from invoice via EFT. Stand Booking confirmations will not be sent until deposit is received. Exhibitors with active trading accounts, the deposit amount will be deducted off remittance. Final Payment for all Exhibitors is due 30/6/2023. All deposits are non-refundable.
Any money due but unpaid to SPAR Australia under the Terms and Conditions will be subject to interest calculated daily and compounded monthly on the Commonwealth Bank indicator lending rate on amounts over one hundred thousand dollars ($100,000.00) plus two percent (2%) per annum. Where there is multiple hiring of a booth, the nominated hirer will be liable for any monies owed to SPAR Australia by any of the multiple hirers in relation to the hiring of the booth. If you are sharing a stand, you must seek approval from SPAR Australia.
6. Additional Costs:
The total cost of monies owing to SPAR Australia in accordance with the Terms and Conditions does not include display lights, audio-visual equipment and all other extra and special booth requirements, which can be provided at extra cost to the Exhibitor. The total cost also does not include connections for water, gas, waste, compressed air, etc. Insurance, cleaning of Exhibits, loading and handling equipment and staff, telephones, dressing of booth, food and beverages outside of the Trade Show Hours and functions not included in the booking price, and any other costs not referred to in the Terms and Conditions. These costs will be borne by the Exhibitor and will be incurred in accordance with the requirements of the venue or at the direction of, or in consultation with the Owner or Manager or SPAR Australia.
7. Goods and Services Tax:
In this Goods and Services Tax clause:
“GST” includes any replacement or subsequent similar tax;
“GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended;
Terms defined in the GST Act have the same meaning in this Goods and Services Tax clause unless otherwise provided.
Where GST applies to a taxable Supply made by SPAR Australia to the Exhibitor, SPAR Australia may recover from the Exhibitor an amount on account of GST, calculated by multiplying the GST-exclusive value of the Supply by the applicable rate of GST.
SPAR Australia undertakes to provide the Exhibitor with a Tax Invoice covering every taxable supply to the Exhibitor of goods and services.
8. Cancellation of Stand Booking:
If Exhibitors fail to pay SPAR Australia all monies (including any applicable “Additional Costs” in accordance with clause 6) owing in respect of a booking by close of business on 3th of July 2023, SPAR Australia reserves the right to cancel the Exhibitors booking, resell the booth and retain any monies already paid by the Exhibitor.
Cancellations of any booked events or accommodation will not be accepted 60 days prior to the event. In the instance of a cancellation, you will be liable to pay any cancellation fee or any cost incurred due to the cancellation.
9. Accommodation Payments
Upon successful registration, a confirmation of your accommodation and registration bookings will be emailed to you within 3 working days. Accommodation room types will not be guaranteed at this stage and are subject to availability. All other room incidental charges will be payable directly to The Star Gold Coast Broadbeach on check out.
10. Online Registration
Trade Show registration must be completed online. Correct registration is your responsibility.
SPAR Australia Limited takes no responsibility for incorrect registrations. A confirmation will be sent to you so please ensure you check this carefully. If you don't receive an e-mail confirmation within 3 working days please contact SPAR Australia on 07 3715 3000.
11. Changes to Accommodation and/or Registrations
Changes to Registrations and Accommodation will only be accepted by email and will be subject to availability at the time of the request. Please e-mail firstname.lastname@example.org
12. Accommodation Cancellations
Cancellations will only be accepted in writing more than 30 days prior to your original check in date. Cancellations received 30 days or less from check in may attract full room rate and cancellation costs.
Cancellations will be charged at the standard room rates.
13. No Show Policy
No shows and delayed arrivals will still be charged for any pre-booked functions and accommodation. 100% of the planned accommodation charge will be payable by any guest not arriving on the scheduled arrival date. Rooms will be released at 6.00pm on the scheduled arrival date unless a later arrival time is advised.
It is the guests’ responsibility to notify SPAR Australia of cancellations or inability to attend any pre-booked function or accommodation.
ACCOMMODATION & EVENT BOOKINGS, ENQUIRIES OR FURTHER INFORMATION
Email email@example.com or call 07 3715 3000.
All prices quoted exclude GST except the accommodation charges at The Star Gold Coast.
Data collected on this form will be used by SPAR Australia Limited only for purposes relating to the Trade Show.
14. Exhibitor Withdrawals:
Any Exhibitor who has confirmed a booking and withdraws from the Trade Show after the 3rd July 2023 will be liable to SPAR Australia for the full amount of all monies it owes SPAR Australia in accordance with the Terms and Conditions.
SPAR Australia can immediately terminate the booking by giving notice to the Exhibitor if:
Any money payable by the Exhibitor to SPAR Australia is not paid when due;
The Exhibitor does not comply with a requirement of the Terms and Conditions that in the opinion of SPAR Australia is material;
The Exhibitor dies or becomes bankrupt or legally incapable of managing its affairs;
The Exhibitor is insolvent or enters into any compromise or arrangement with its creditors; and
A provisional liquidator, liquidator or controllers is appointed to the Exhibitor.
16. Reservation of Rights:
In addition to SPAR Australia’s rights under clauses 8, 9 and 10, SPAR Australia reserves its rights to take any legal action it sees fit against the Exhibitor in relation to:
The Exhibitor’s breach of the Terms and Conditions; and/or
Failure to pay the monies owing by the due date; and/or
The Exhibitor’s withdrawal from the Trade Show; and/or
Any other matter.
SPAR Australia shall be responsible for the organising of the construction, erection, dismantling and connection of the booth signage for the standard exhibit of the Exhibitor.
The Exhibitor undertakes to have its display ready and completed by the time specified by SPAR Australia preceding the opening of the Trade Show. Where the Exhibitor has arranged its own stand and signage, the Exhibitor is responsible for the “pull-down” and removal of the entire stand and signage in accordance with clause 20. Custom stands are expected to be removed from the GCCEC premises by 12am on Sunday 12th August 2023. SPAR Australia Ltd reserves the right to on charge any penalty fees relating to this deadline being missed.
If Exhibitors engage contractors to erect stands and signage, the Exhibitor must ensure that its contractors, and/or their sub-contractors:
complete any necessary documentation to allow these persons to gain access to and work on the Trade Show Site; and
are made aware of the safety requirements and procedures of the site before any work is undertaken on the Trade Show Site.
meet any time deadlines regarding the construction and deconstruction and removal of all stands, signage and equipment.
18. Fire Safety:
All plant, machinery and exhibits must comply with statutory requirements as to safety and particularly in the case of stored fuels required by this equipment. The use of heaters, heat producing devices, open flames, candles, lamps or lanterns etc as part of a Trade Show is forbidden by fire prevention law. Exhibitors may not bring anything of an explosive nature onto the Trade Show site. An exhibitor must not bring in or use at the Trade Show site dangerous and hazardous goods and equipment such as poisonous gas, fuel, noxious materials and other flammables and equipment using such flammable materials as gas stove, and electric stoves without prior consent from SPAR Australia. Even if consent is given, it will be subject to adequate precautionary measures being taken and will comply with all ordinances and laws of Queensland and the Commonwealth of Australia. No equipment, fittings or materials may be placed in any aisle walkway or in such a position that the access to any designated exit is in any way obstructed.
19. Dangerous Goods:
Substances which are either in the opinion of SPAR Australia or identified by State or Commonwealth legislation, to be of a dangerous, explosive or objectionable nature must not be brought into the Trade Show site without formal prior approval of SPAR Australia. Where it is proposed to use toxic materials or fluids, the disposal of which requires notification to statutory authorities, SPAR Australia must be advised in writing at least two (2) months prior to the start of the event stating the nature of the fluid and the quantities involved. Not more than one (1) days’ supply shall be stored in any part of the Trade Show site at any time. Toxic waste shall be stored in approval closed containers marked accordingly and the arrangements made by the Exhibitor regarding its disposal must be disclosed to SPAR Australia.
20. Admission to the Trade Show:
SPAR Australia reserves the right to refuse any person admission to the Trade Show. It is the responsibility of the Exhibitor to ensure that Day Passes which, will be supplied to its staff, as registered by the exhibitor, are not misused or lent to other persons or duplicated.
Exhibitors are allocated 2 x Two Day Passes (per person, per day) for each stand booked. Additional Day Passes will cost $100.00 per person, per day.
The Exhibitor is responsible for all personal injury or damage to property (including injury or damage to property of any third party) arising in connection with the Exhibitor’s participation in the Trade Show howsoever caused directly or indirectly by it or any of its officers, employees, contractors, servants, agents, licensees or invitees or any act or omission of any such person or by any exhibit, machinery, or other article or thing in the possession of or use of by it or any of its officers, employees, contractors, servants, agents, licensees or invitees. The Exhibitor will indemnify SPAR Australia in respect of each and every such claim and all actions, proceedings, costs, claims and demands in respect thereof. The Exhibitor must take out adequate insurance policies in respect of all such claims, including but not limited to a Public & Product Liability policy with a sum insured of not less than $10M, and produce evidence of the policies upon demand.
Certain Federal and State legislation including the Australian Trade Practices Act 1974 (Cth) as amended (the “Act”) contains rights, which cannot be excluded, restricted or modified. The Terms and Conditions must be read having regard to such legislation to the extent that it may be applicable and nothing in the Terms and Conditions shall have the effect of excluding, restricting or modifying such rights. Should SPAR Australia be liable for breach of a condition or warranty implied by the Act, SPAR Australia’s liability for such breach shall be limited to:
In the case of goods, any one or more of the following as determined by SPAR Australia:
The replacement of the goods or the supply of equivalent goods; or
The repair of the goods; or
The payment of the cost of replacing the goods or of acquiring equivalent goods.
In the case of services any one or more of the following as determined by SPAR Australia:
The supply of the services again; or
The payment of having the services supplied again.
Handbills, advertisements and printed matter are subject to the approval of SPAR Australia, who also reserves all photographic rights to the Trade Show.
23. Force Majeure:
If the holding of the Trade Show or the supply of any services is prevented, postponed, or abandoned by reasons of fire, lightning, natural disaster, labour dispute, strike, lockout, civil disturbance, explosion, inevitable accident, or any cause not within the control of SPAR Australia whether of the same sort or not, or the Trade Show site becomes wholly or partially unavailable for the holding of the Trade Show, SPAR Australia may at its entire discretion, return to the Exhibitor some of the costs of space paid by the Exhibitor. In any such case, SPAR Australia shall not be liable in any way whatsoever for any expenditure or loss including consequential loss caused by SPAR Australia.
24. Trade Show Program:
SPAR Australia reserves the right to amend the Trade Show program in the best interests of the Trade Show.
25. Rules of Trade Show:
The Exhibitor is at all times during the Trade Show: -
Required to keep its stand open to view and properly staffed by competent representatives for the duration of the Trade Show ‘opening hours’, this includes up until the close of the Trade Show on Saturday at 3pm. Bump out of the Trade Show must strictly commence at 3.00pm and not beforehand.
Responsible for the maintenance of its stand/s and display space in a clean and tidy condition
Required to conduct any business only from its display space and to keep passageways in front of its display space free from obstruction
Prohibited from parting with any goods on display for cash payment. Should the Exhibitor wish to distribute samples of manufactured food or beverage products, it must put such request to SPAR Australia in writing and receive written approval from SPAR Australia prior to the commencement of the Trade Show
Prohibited from sub-licensing, sharing or parting with possession of its display space without prior written consent from SPAR Australia.
Prohibited from operating any type of machinery or equipment which, in SPAR Australia’s opinion, is likely to cause nuisance or annoyance to neighbouring Exhibitors or visitors to the Trade Show
Prohibited from doing anything which, in the opinion of SPAR Australia, may bring discredit upon the Trade Show
Prohibited from dismantling the stand or anything within it before the Trade Show closing time.
Responsible for the security of all stock, equipment, plant, machinery and all other items involved in the Exhibit of the Exhibitor whosesoever located.
The laws of Queensland govern the Terms and Conditions. The parties submit to the non-exclusive jurisdiction of the courts in Queensland.
Trade Show Hours and access times will be communicated under a separate cover; adherence to these times will be in accordance to the terms & conditions.
If the Exhibitor consists of more than one person then their liability under the Terms and Conditions will be a joint liability of all of them and the liability of each of them severally.
The Exhibitor must keep confidential (except where disclosure is required by law), the contents of the Terms and Conditions and any information relating to the Trade Show or SPAR Australia, which SPAR Australia would regard as being of confidential nature, unless the Exhibitor first obtains SPAR Australia’s approval in writing.
An exhibitor information kit will be supplied to all confirmed exhibitors.