NFC GROUP PTY LTD
TICKET SALES TERMS AND CONDITIONS:
1. About Australian Test & Tech Automation Conference
1.1 NFC Group Pty Ltd (ACN 607 938 689) trading as Test Engineering Alliance (the “Test Engineering Alliance") owns and operates http://testengineeringalliance.com (the “Website") which provides users with an opportunity to connect, learn and discuss issues which relate to the software testing industry by holding events such as:
(a) training courses;
(b) workshops; and
(c) conferences.
(collectively referred to as the “Events")
The “Australian Testing Days Conference" (http://Australiantestingdays.com) is one such event organised by Test Engineering alliance.
1.2 The sale of the tickets to the Events is processed through a third party platform, Yapsody Inc.
1.3 Please read these ticket sales terms and conditions (the “Ticket Sales Terms") carefully. By clicking “I agree to the Terms and Conditions" and/or by purchasing a ticket to the Events, this signifies that you have read, understood and agree to be bound by the Ticket Sales Terms.
1.4 Test Engineering Alliance reserves the right to review and change the Ticket Sales Terms by updating this page at its sole discretion. When Test Engineering Alliance updates the Ticket Sales Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Ticket Sales Terms take immediate effect from the date of their publication. Before you continue, you should print off or save a local copy of the Ticket Sales Terms for your records.
2 Additional Terms and Conditions
2.1 Each ticket is also sold subject to any additional terms and conditions of Test Engineering Alliance for the particular event. Accordingly,
(a) if the ticket sales relate to training courses or workshops, Test Engineering Alliance Training Courses Terms and Conditions found at https://testengineeringalliance.com/workshops/trainingterms/ (the “Training Terms") are incorporated by reference into the Ticket Sales Terms and apply to all sales of ticket to training courses and workshops through Yapsody.
(b) if the ticket sales relate to conferences, Test Engineering Alliance Conferences Terms and Conditions found at http://Australiantestingdays.com (the “Conference Terms") are incorporated by reference into the Ticket Sales Terms and apply to all sales of ticket to conferences through Yapsody.
3 Conditions prior to the purchase of the Services
3.1 Prior to purchasing the ticket for the Events, you may be required to provide your personal information such as your name, occupation, address, email address and/or phone number. You understand that by supplying Test Engineering Alliance with your address, email address and phone number, you may receive regular emails, newsletters or SMS updates from Test Engineering Alliance in order to keep you informed about Test Engineering Alliance activities. Test Engineering Alliance may disclose your personal information to our event sponsors for the purpose of enabling them to provide you with direct marketing material. While we take reasonable steps to ensure that any of your personal information which is provided to our event sponsors is handled in accordance with the Australian Privacy Principles, we cannot control your information once it is in their possession. As such, to the extent permitted by law, Test Engineering Alliance will not be responsible for, and you release us from any liability regarding any misuse of your personal information by any of our event sponsors.
3.2 You agree that any personal information you give to Test Engineering Alliance will always be accurate, correct and up to date.
3.3 You may not purchase the ticket for the Events and may not accept the Ticket Sales Terms if:
(a) you are not of legal age to form a binding contract with Test Engineering Alliance;
and/or
(b) you are a person barred from purchasing the ticket for the Events under the laws of Australia or other countries including the country in which you are resident or from which you purchase the ticket.
3.4 By purchasing the ticket for the Events, you represent and warrant to Test Engineering Alliance that:
(a) you have reached the legal age in your jurisdiction;
(b) you have the right, authority and capacity to enter into a contract with Test Engineering Alliance and to agree to and abide by the Ticket Sales Terms; and
(c) if you are purchasing the ticket for the Events on behalf of a business, that business is taken to have accepted the Ticket Sales Terms and you are taken to have been duly authorised to bind the business.
4 Purchasing procedure, Payment Terms, Cancellation and Refund Policy
4.1 The purchasing procedure, payment terms, cancellation and refund policy in the Training Terms and Conference Terms apply correspondingly to the specific event for which the ticket purchase order is being placed.
4.2 It is your responsibility to confirm with Test Engineering Alliance whether or not your order has been placed.
4.3 All purchase orders are subject to availability.
5 Conditions of entry to the Events
5.1 You consent to the conduct of ticket authenticity and validity checks, identity verification checks, security checks (which may include inspecting your personal property) prior to your entry to and departure from the event sites.
5.2 Test Engineering Alliance reserves the right to deny entry into and/or to remove you from the Events, where Test Engineering Alliance has reasonable grounds to do so, including but not limited to the circumstances where:
(a) the authenticity or validity of a ticket is questionable, including because the ticket has been damaged or defaced in any way;
(b) you breach the Ticket Sales Terms, Training Terms and/or Conference Terms;
(c) you are under the influence of alcohol or illicit drugs;
(d) you are inappropriately attired; and/or
(e) your behaviour is adversely affecting the enjoyment of the Events by others.
5.3 You are responsible for all property you bring to the event sites. You acknowledge that Test Engineering Alliance accepts no responsibility for any loss or damage to your property.
6 Non-solicitation
6.1 Non-Solicitation of Personnel
During the course of the attendance of the Events, you may have access to commercially sensitive information and material. You will not during the attendance of the Events or during the Restraint Period, either directly or indirectly, without written consent from Test Engineering Alliance:
(a) employ, canvas, solicit, entice or engage or attempt to induce any of Test Engineering Alliance's employees, servants, contractors, and/or agents (“Personnel"), to terminate their employment or contracted services; and/or
(b) employ, engage, retain or source or attempt to solicit any of the Test Engineering Alliance's Personnel for any services that are of a competitive nature to Test Engineering Alliance's business.
6.2 Non-Solicitation of Members
During the course of the attendance of the Events, you may have contact with and access to members, prospective members, member list and details of Test Engineering Alliance's marketing efforts, strategies and plans that include commercially sensitive information and material. You will not during the attendance of the Events or during the Restraint Period, either directly or indirectly,
without written consent from Test Engineering Alliance:
(a) canvas, solicit, entice or engage or attempt to solicit any of the Test Engineering Alliance's members, or prospective members who Test Engineering Alliance has attempted to retain or are in the process of engaging; and/or
(b) directly or indirectly interfere with or engage, procure, endeavour to entice away, aid, abet or counsel or attempt to entice any of the members for any services which are of a competitive nature to Test Engineering Alliance's business.
6.3 For the purposes of this clause 6, the Restraint Period means 12 months, nonetheless:
(a) If the Courts determine that 12 months is unreasonable, the restraint will last for a period of 6 months; or
(b) If the Courts determine that 6 months is unreasonable, the restraint will last for a period of 3 months.
6.4 You agree that the restraints contained in this clause are reasonably necessary to protect Test Engineering Alliance's
business interests and you acknowledge that this clause is fair and reasonable under the circumstances.
7 Relationship with Yapsody
7.1 Test Engineering Alliance is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of Yapsody, any website accessed from Yapsody or any changes or updates to Yapsody. Test Engineering
Alliance makes no guarantees about the content or quality of the products or services provided by Yapsody.
