ADDITIONAL TERMS AND CONDITIONS FOR SUPPLIERS
1. WHY DO WE HAVE THESE TERMS AND CONDITIONS
1.1. We offer various different services on our platform at Destination Webinars. These include the ability to present in our BYO Coffee Cluster Webinar Series, to add your 10-min Pre-recorded webinar to our library, to present your own Live 25 webinar, and/or our Pre-recorded Monthly Mini-series. We also offer associated services including the advertising and promotion of your webinar on social media channels and via our email list. (together the “Services”).
2. THE SERVICES WE WILL PROVIDE
2.1. We will provide the Services with due care, skill and diligence and in accordance with all relevant legislation, regulations and requirements of authorities at the time.
2.2. We will seek the consent of your Authorised Representative in relation to the Services.
3. YOUR OBLIGATIONS
3.1. You must provide all Information required by us in order for us to provide the Services.
3.2. You represent and warrant that:
3.2.1. all Information you have provided to us is true and correct and up to date;
3.2.2. you will respond promptly to any of our requests for further information and provide any approvals within a reasonable time;
3.2.3. you will comply with the ATAS as administered by AFTA; and
3.2.4. the Authorised Representative has full authority to make all decisions related to the Services.
3.3. You must comply with all relevant legislation and regulations in relation to advertising, including, but not limited to, compliance with the Australian Consumer Law.
3.4. You represent and warrant that the Content of any webinar:
3.4.1. is relevant to the travel industry;
3.4.2. is not misleading or deceptive;
3.4.3. does not breach any third party Intellectual Property Rights; and
3.4.4. does not contain any malicious, libelous, defamatory or other illegal material.
3.5. You further agree that you will not do anything which may endanger, jeopardise or prejudicially affect the goodwill, image or standing of Destination Webinars.
3.6. You must inform us immediately if the Content is no longer relevant or valid by emailing us at email@example.com.
4. FACILITATOR ONLY
4.1. We are not involved in the interaction between you and any viewer or participant in your webinar. If you have a dispute with a viewer or participant, you must resolve it with the viewer and you release us from all Claims arising out of or in any way connected with such disputes.
4.2. We have no obligation to monitor all the content on our website, and we are not liable for any unauthorised or unlawful content.
5. RIGHTS IN YOUR CONTENT
5.1. When you provide us with Content, you grant us an exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license to all Copyright in that content, including, but not limited to, the right to broadcast on any third party platforms.
5.2. You acknowledge and agree that we have the right to:
5.2.1. reproduce, publish and deal with the Content in whole or in part for the purpose of our website and other online media and teaching;
5.2.2. use any part or all of the Content in all formats for the purposes of promotion and advertising;
5.2.3. all associated rights in the Content, including audio rights, electronic rights, broadcast rights, and for any purpose related to the website;
5.2.4. credit the Content with attribution using the presenter’s name as provided to us.
5.3. You waive all other Moral Rights you have in your content and any right to inspect or approve of any finished Content to be published.
5.4. After publishing, you will receive a link to the Content and you may distribute the Content via your own channels. You must not publish it on any other website without our prior written permission.
6. YOUR OBLIGATIONS AND CONTENT RULES
6.1. You must conduct yourself appropriately when using our Services, including being respectful and courteous to all viewers and participants and when interacting on our website.
6.2. If you provide any of the following content we may, at our sole discretion remove your Webinar or terminate this Agreement:
6.2.1. any inappropriate or offensive content including but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, or threatening or abusive, or that impersonates, stalks or harasses another user;
6.2.2. any illegal content including, but not limited to, anything defamatory, and any post that breaches third party Intellectual Property Rights;
6.2.3. any immoral content including but not limited to, anything pornographic or obscene;
6.2.4. any false or misleading content; or
6.2.5. any copying, modifying or distributing of any other party’s content without their consent.
6.3. Where you breach these content rules, we may delete your Webinar and terminate this Agreement.
7.1. You must pay the Service Fee prior to the publishing of your Webinar, and by the due date on the invoice. All Service Fees are for a publishing period of 6 months, unless otherwise agreed.
7.2. All Service Fees and any bank fees and payment processing fees will be charged to you, and are listed in Australian dollars.
8. NO GUARANTEES
8.1. We do not guarantee the accuracy of the content in our Services. We do not guarantee that you will receive an increase in revenue or a particular number of viewers. We cannot guarantee that you will be paired with any particular supplier where you are presenting in a group or cluster.
8.2. Except as required by law, we do not warrant the quality of the Service or warrant that it will meet your expectations.
9. IP ACKNOWLEDGEMENT
9.1. You acknowledge and agree that we own and will retain all Intellectual Property Rights in our website content and design.
9.2. Any improvements you make to our website content or design will be assigned to us immediately, and you agree to sign all documents and co-operate in all ways to ensure we have full ownership and title to any improvements.
10.1. You permit us to use any photos, videos and testimonials you submit for our marketing and information purposes, or publications, exhibitions and professional awards.
10.2. You must seek our prior written consent before any publication about us.
11. TERMINATION AND CANCELLATION
11.1. You can request that we remove your Webinar at any time, and we will honour your request and remove your Webinar as soon as reasonably possible. Service Fees are non-refundable, and no pro rata refunds will be provided.
11.2. We may refuse to list your Webinar for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate this Agreement and remove your Webinar.
11.3. We can also stop offering our Services at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Services.
12. LIABILITY AND INDEMNITY
12.1. Your use of, or inability to use our Services is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your Content including, but not limited to, any errors or omissions in any Content, any price changes or discontinued Services, any removal of your Content and any interruptions, any changes to our website.
12.2. To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
12.2.1. the supply of equivalent services eg another opportunity to present; or
12.2.2. the refund of the Listing Fee.
12.3. In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Listing Fee.
12.4. You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your Content or its publication, your breach of this Agreement, where you provide incorrect information, any further meetings or communications with any viewer or participant, any breach of your Intellectual Property Rights and any direct or indirect consequences of you accessing or using the website.
13. IF THERE IS A DISPUTE
13.1. If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
13.2. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of WA, Australia, and you and we submit to the jurisdiction of the courts of WA, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between this Agreement and other terms and conditions on our website, these Terms and Conditions prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms and Conditions does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
Agreement means these Terms and Conditions and all other terms and conditions and policies published or linked to on our website in future.
Australian Consumer Law means the Competition and Consumer Act 2001 Schedule 2.
Authorised Representative means the relevant person who has authority to make decisions of the Supplier, and is the signer of this agreement.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Content means the all content in any webinar, or other content, including images, copy, video, sound or documents whether provided by you, or recorded by us.
Copyright means the copyright as defined under the Copyright Act 1968 (Cth).
Information means any information you provide to us, including, but not limited to the details of the presenter and all other details in our Google form.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Service Fee means the service fee we charge you and is not refundable.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, loss of goodwill, loss of business reputation, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Moral Rights means all moral rights as defined under the Copyright Act 1968 (Cth).
We, us, or our means Destination Webinars, and includes any of our employees, agents, partners and contractors.