CONFERENCE ATTENDANCE AND ACCESS TERMS AND CONDITIONS
These Conference Attendance and Access Terms and Conditions (Terms) apply to your attendance at, and/or access to Conference Materials from, a Conference hosted by Effective Research Sharing Limited (NZCN 8198109) (we, us, our).
1. Registration
a. Registration does not constitute acceptance. A binding contract is formed only when we accept your registration, issue an invoice or payment request, or provide access to the Conference or Conference Materials.
b. If registration is accepted, the right to attend a Conference, and/or access Conference Materials, is granted solely to the registered attendee. You must not share your access credentials with any other person or group, nor allow others to access or view the Conference or Conference Materials using your registration, except with our prior written permission.
c. You may register to attend a Conference, and/or gain access to Conference Materials, as set out on the Website. These Terms apply to each Conference you attend, and/or gain access to Conference Materials from, whether you register for a single Conference or multiple Conferences simultaneously. In the case of registering for multiple Conferences at the same time, these Terms shall apply individually to each Conference registration.
d. It is your responsibility to check the registration details, including the name of the Conference, time and price, before you submit your registration through the Website.
e. It is your responsibility to ensure you have the correct software downloaded in order for you to access the Conference Materials, participate in asynchronous discussions, attend live discussions and/or otherwise participate in the Conference or consume the Conference’s content.
f. If your registration is accepted and the applicable Conference Fee has been paid, we will provide you access to the Conference and/or Conference Materials, once available, via the email address provided at the time of registration.
g. If you request a fee waiver or reduced fee, you may be required to provide reasonable proof of eligibility. If adequate proof is not provided, we reserve the right to charge the full Conference Fee.
2. Price, Invoicing and Payment
a. If you attend the Conference, or otherwise access the Conference Materials, you agree to ensure the full price of the applicable Conference Fee is paid, unless we have agreed in advance to provide a fee waiver or reduced fee. All amounts are stated in Euro (€).
b. Customer identity: For tax and invoicing purposes, each registration is treated as either:
i. an individual registration, where the contracting customer is the individual participant; or
ii. an institutional registration, where the contracting customer is a recognised academic, research, educational, or other professional institution (Institution).
Registration by an individual does not, by itself, determine whether the individual or an Institution is the customer. The identity of the customer is determined at the time of invoicing, based on the registrant’s choices and details provided during registration. Payment by an individual on behalf of an Institution does not, by itself, alter the identity of the customer.
Where a registration is intended to be an institutional registration, the registrant confirms that they are acting on behalf of the relevant Institution for the purposes of the registration and invoicing.
If an Institution is not identified as the customer at the time of registration and invoicing, the registration will be treated as an individual registration for tax and invoicing purposes.
c. Taxes: Applicable indirect taxes (such as VAT or GST) may apply depending on the nature of the registration and the customer’s location, as determined under clause 2(b).
Where an individual registration applies, any applicable VAT or similar taxes may be charged in accordance with relevant law.
Where an institutional registration applies and reverse-charge treatment is available, VAT may not be charged and the Institution will be responsible for accounting for tax in its jurisdiction.
d. Tax identification numbers and invoice details: Where an institutional registration applies, you may be asked to provide the Institution’s legal name, address, and (where available) VAT or tax identification number. Failure to provide a VAT or tax identification number does not necessarily prevent institutional invoicing, but the Institution remains responsible for correct tax accounting.
If an invoice has been issued to an Institution, we may issue an updated copy of that invoice to include additional tax information (such as a VAT or tax identification number) without altering the substance of the transaction.
e. Payment processing: If payment is made via a third-party payment processor, payment may be subject to the payment processor’s terms and conditions. You are responsible for ensuring that any applicable processing fees are paid.
3. Recording the Conference and Discussions
a. When participating in our Conferences, and associated discussions, please be aware that we may record aspects of the Conference, including video, audio, written messages, audio transcripts, and other forms of interaction or communication.
b. These recordings may include your image, voice, name, and any contributions you make during the Conference, or in subsequent discussions.
c. Content Sharing: Conference participants shall only share material in Conference discussions (including video, image and text) that they have the legal right to share. Participants must not knowingly share content that infringes on others’ intellectual property rights or copyright protections. If a participant becomes aware they have inadvertently shared content in violation of this clause, they must immediately notify us. We reserve the right to remove any infringing content from the Conference Materials (where possible).
d. We reserve the right to use, adapt and edit these recordings, including any content you contribute, for promotional, educational, archival, or commercial purposes, including granting access to the Conference and Conference Materials. This may include, but is not limited to, sharing on the Website or Platforms for others to view.
e. We reserve the right to grant additional people access to the Conference Materials after the Conference has ended.
f. You will not receive compensation for our use of these recordings, or your contributions. After any recording you are involved in is made, you will be given access to it, and for up to one month you can request removal of specific moments within the recording. We will make reasonable efforts to comply with your request, but complete exclusion may not always be possible.
g. You are prohibited from making your own recordings of the Conference, or subsequent discussions, without our express written permission.
h. By participating in the Conference and associated discussions, you agree to these Terms and acknowledge that any written comments, or other contributions you make, may be recorded and used as described above.
4. Disclaimers
a. Any comments or opinions shared by a speaker, participant or Conference sponsor are their own and do not represent our views or beliefs. Unless specifically mentioned, we neither endorse nor confirm their statements, including any recommendations or promotions they might offer.
b. We cannot vouch for the accuracy of the information given by speakers, participants or Conference sponsors during the Conference. If you choose to rely on their words, we will not be held responsible for any consequences arising from such reliance.
5. Access to Conference Materials
a. We commit to providing access to Conference Materials for a period of 12 months from the date of the Conference. Beyond this 12-month period, we will endeavour to keep the Conference Materials available indefinitely, but make no promises or guarantees regarding their continued availability.
b. We reserve the right to remove or modify access to Conference Materials after the 12-month period without prior notice. In the event that we need to cease providing access to Conference Materials for any reason, whether within or after the 12-month period, we shall not be held liable for any losses or damages you may incur as a result of this loss of access. You acknowledge and agree that your access to Conference Materials may be terminated at any time after the initial 12-month period without entitlement to refund or compensation.
6. Changes, refunds and cancellations
Changes to Conferences and Conference Materials
a. We reserve the right to change the Conference programme or speakers at any time. Every effort will be made to ensure replacement programmes or speakers are of an equivalent standard.
b. We reserve the right to modify, or remove, parts of the Conference Materials at any time, including, but not limited to, if a Conference participant requests modifications, or we discover violations of a third party’s intellectual property. Every effort will be made to do so in a way that maintains the value of the initial recordings.
c. While we strive to maintain the quality and integrity of the Conference and its associated Conference Materials, we shall not be held liable for any changes made to the programme or materials. This includes, but is not limited to, changes in content, format, availability of speakers, or modifications to Conference Materials. You acknowledge and agree that such changes may occur and do not entitle you to a refund or compensation.
Errors on Website
d. We reserve the right to cancel a registration at any time if the registration was subject to a material error on the Website (for example, in relation to a Conference description or price). If payment has already been made when the registration is cancelled, we will contact you using the email address you provided when you registered and will offer you the option of purchasing the registration at the correct price (if any) or receiving a refund.
Registration mistake
e. If you request us to reprocess your payment or registration due to an error on your behalf, we may charge you any additional fees incurred in reprocessing your registration (including chargeback fees or other fees incurred by our payment provider).
Our cancellation
f. You may request a refund or exchange from us where the Conference you registered for is cancelled or rescheduled by us.
g. Unless required by law (including New Zealand Consumer Law), we will not be liable for, or cover the costs of, any other losses incurred by you as a result of the cancellation or rescheduling of a Conference. You must cover these yourself.
Cancellation of registrations
h. We reserve the right to cancel a registration where we reasonably determine that the registration or participation is not appropriate for the scope, format, or objectives of the Conference. Where we cancel a registration and the applicable Conference Fee has been paid, we will provide a refund unless otherwise required by law.
i. Attendance at the Conference, and access to the Conference Materials, is conditional on the applicable Conference Fee being paid or waived. We may suspend or revoke access if the applicable Conference Fee is not paid when due.
New Zealand Consumer Law
j. Certain legislation, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at law, nothing in these Terms excludes those Consumer Law Rights.
7. Behaviour
a. By registering for a Conference, you agree:
i. to comply with these Terms and our reasonable requests and requirements;
ii. to comply with the Code of Conduct as linked on the Website;
iii. to be considerate and respectful to all attendees;
iv. that harassment, bullying or any other unacceptable behaviour will not be tolerated; and
v. to not do anything that may put us, our business, our brand, or the Conference into disrepute.
b. You agree that we have the right to remove you from the Conference, and/or remove your access to the Conference Materials, if we or the Conference organisers consider that your behaviour constitutes a breach of this clause or a breach of any other provision of these Terms. No refund will be due.
8. Resale or Sharing of Access
a. You agree not to offer your access to the Conference or Conference Materials for resale or to use your access for advertising, promotional or other commercial purposes, including trade promotions or competitions.
b. If you sell your access or your access is used in breach of these Terms, we may cancel your access and participation without refund, and access and participation will be revoked for any on-purchaser.
c. The resale of access in certain circumstances may attract criminal penalties under the relevant legislation.
9. Intellectual Property
a. You acknowledge and agree that all intellectual property in our materials, including our logo, trademarks and content, vest or remain vested, in us.
b. You must not exploit our materials for any other purpose, nor allow, aid or facilitate such use by any third party. Without limitation, you must not use our materials for any commercial purpose.
c. You acknowledge and agree that any intellectual property or content used at a Conference by a speaker or vendor/sponsor is owned or licensed by the relevant speaker or vendor/sponsor (Exhibitor’s Materials).
d. If you are a speaker or exhibitor, you grant us the perpetual, irrevocable right to use, reproduce, distribute, sell, adapt, and publish any recordings of your Exhibitor’s Materials, including for distribution on our Platforms.
e. You must not, without our, or the relevant speaker’s or vendor/sponsor’s, prior written consent:
i. copy, in whole or in part, any of our materials or an Exhibitor’s Materials; or
ii. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our materials or an Exhibitor’s Materials to any third party.
f. This clause will survive termination or expiry of these Terms.
10. Limitation of Liability
a. Despite anything to the contrary, to the maximum extent permitted by law:
i. our maximum aggregate liability arising from or in connection with the Terms (including the Conference, Conference Materials, and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the price paid to us for the access that is the subject of the relevant claim, or where no price was paid, 100 NZD; and
ii. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
b. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
i. loss of your access to a Conference, or Conference Materials; or loss to any person as a result of attending or not attending a Conference;
ii. website, or a Conference, or Conference Materials being unavailable;
iii. breach of the Terms or any law,
where caused or contributed to by any:
A. event or circumstance beyond our reasonable control; or
B. act or omission of you or your related parties,
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to any Conference, or Conference Materials, you purchase access to.
c. Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to indemnify, hold harmless, release and discharge us from and against, any liability, loss or damage which we may suffer, incur or be otherwise liable for arising out of or in connection with any loss of, or damage to, any person or property at a Conference resulting from any negligent acts or omissions by you, or from your failure to follow our reasonable directions (including with regard to safety procedures).
11. Privacy
a. We collect personal information about you in order to enable you to access and use the Website and Platforms, to process your registration and provide your access to the Conference and/or Conference Materials, to contact and communicate with you, to register your attendance at our events, to coordinate with third-party service providers, to respond to your enquiries, and for other purposes set out in our Privacy Policy.
b. We may disclose that information to our third-party service providers who help us deliver our services (including our information-technology service providers, data-storage, web-hosting and server providers, professional advisors, payment systems operators, and our business partners), or as required by law. If you do not provide this information, we may not be able to provide our services to you. We may disclose your personal information to third parties located, or who store data, outside New Zealand.
c. We may also prepare a list of attendees. This list may be shared with other attendees, or publicly.
d. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; and (iii) how you can make a privacy-related complaint.
e. By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
12. General
a. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
b. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
c. Governing Law: These Terms are governed by the laws of New Zealand. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
13. Definitions
a. Conference means the live and asynchronous interactions, during and immediately preceding the dates laid out on the Website home page.
b. Conference Materials means the pre-recorded talks, asynchronous text discussions, recordings of live discussions, or any other material generated during a Conference, as well as any modifications of that material.
c. Conference Fee means the fee paid to attend the Conference and/or access the Conference Materials.
d. Institution means a university, research institute, educational institution, or other professional organisation purchasing access for a named registrant on a business-to-business basis.
e. Customer means the person or entity identified on the invoice as the recipient of the supply.
f. Website means https://earlyuniverse.discussingresearch.com/
g. Platforms means Mattermost, YouTube, Zoom, and any other platform we may use to host live events or provide access to Conference Materials.
For any questions and notices, please contact us at:
Effective Research Sharing Limited (NZCN 8198109)
Email: terms@sharingresearch.com