1. Acceptance
1.1 This Website is owned and operated by Doctors for Nutrition Limited (ABN 97 626 980 345) (DFN, we, us or our).
1.2 By purchasing a ticket through an authorised third party sales channel, or by attending an Event, you agree to be bound by the following agreement between you and us.
1.3 If you do not agree to these terms, please do not purchase tickets for, or attend, any of our Events.
2. Ordering, refund and cancellation
2.1 You may place an order through an authorised third party ticket purchasing platform for one or more of our Events (Order). You will be required to pay the Purchase Price for your ticket at the time of placing your order.
2.2 We reserve the right to reject your Order. If we elect to reject an Order and you have paid the Purchase Price for the particular ticket, then we will refund any amounts paid by you for that Order.
2.3 To cancel an Order you must contact us immediately, and at least prior to the relevant Event. We cannot cancel Orders after the relevant Event.
2.4 We endeavour to ensure that the Event and descriptions of them on the Website, third party ticket purchasing platforms, and as otherwise communicated to you are accurate. We do not, however, represent or warrant that descriptions are free from errors or omissions and we reserve the right to make any necessary corrections. Events are not scripted and may deviate from the intended schedule or plan for various reasons.
2.5 While we endeavour to assure that Events go ahead as scheduled, we may cancel an Event at any time. We will endeavour to reschedule any cancelled Event where possible, but are not obliged to do so. You may choose to retain your ticket for use at a rescheduled Event, exchange it for a ticket to a different Event, or you may choose to seek a refund for the Purchase Price you paid for the ticket. Refunds will be available via the third party ticket purchasing platform you used to purchase the ticket, and may be subject to that platform’s terms and conditions.
2.6 To cancel an Order you must contact us immediately, and at least prior to the relevant Event. We cannot cancel Orders after the relevant Event.
3. Delivery of virtual events
3.1 In the case of virtual Events, details on how to attend the Event will be provided in the Event description on the ticket purchasing/booking platform, and via email to the email address notified by you in the Order.
3.2 We will endeavour to ensure Events are available to access as described and for the duration intended, however we are not liable for any failure in third party websites or services (including internet access) which are necessary for attending a virtual Event.
3.3 If you are unable to access a virtual Event, please contact us using the details on your ticket or in the confirmation email and we will endeavour to assist you.
3.4 Where a virtual Event cannot be attended by you due to a failure of ours, we will refund the Purchase Price of the ticket if applicable.
4. Your obligations
4.1 We want people to attend and participate in our Events, but not at the expense of the safety and well-being of others or the integrity of our community. When you attend an Event (either in person or virtually), you must be courteous and respectful in your dealings with us, the facilitators, venue personnel, and other Event attendees. We reserve the right to eject you from the Event if you do anything that:
(a) creates a disruption or hinders the Event or the enjoyment of the Event by other attendees;
(b) compromises the security of an Event;
(c) is offensive, unlawful, misleading, discriminatory or fraudulent;
(d) defames or harasses any other person;
(e) infringes or violates someone else’s rights, including their intellectual property rights;
(f) compromises the security of the virtual Event environment, or introduces any malware or other malicious code;
(g) damages the Event venue or any property at the venue;
(h) results in a need for any cleaning to the Event venue or property at the venue in excess of that ordinarily required following a physical Event;
(i) purports to be professional medical, legal or other advice;
(j) promotes any charities, fundraising or commercial interests; or
(k) we otherwise, in our sole discretion, consider to be unacceptable.
4.2 You will be responsible for any loss and damage we suffer in connection with anything you do or contribute to which is contemplated by clause 4.1.
4.3 Our physical Events are presented at various venues throughout Australia and your entry to those premises may be subject to the conditions of entry relating to that particular venue.
4.4 By attending an Event at a particular venue or via a particular platform, you agree to comply with that venue/platform’s conditions of entry and any other conditions that may apply to that venue/platform. If you do not comply with the venue/platform’s conditions of entry, you may be refused entry or ejected from the Event. You may obtain a copy of the venue/platform’s conditions of entry by contacting the Event venue/platform directly.
5. Acknowledgements
5.1 You acknowledge and agree that:
(a) we do not represent or warrant that the Events will be free from defects, or fit for any particular purpose or function other than as expressly notified to you by us;
(b) we endeavour to ensure the accuracy of all information made available via the Events, however we do not represent or warrant that the information is accurate or complete;
(c) we endeavour to provide the highest quality evidence-based information, and the content of the Events is obtained from sources we consider to be reputable and reliable. However, we accept no liability for any inaccuracy or misrepresentation in the sources used. The information made available via the Events is of a general nature only. We have not taken into account any particular person’s circumstances, medical history, or needs in providing the information made available via the Events, and it does not substitute personalised advice or treatment from a qualified medical or other accredited health professional. Attendees should seek advice from a qualified medical or other accredited health professional before taking action on any issue dealt with via an Event;
(d) if you are a medical or other accredited health professional, acting in accordance with the information provided via the Events does not guarantee discharge of any duty and professionals attending the Events are expected to exercise their own judgement as to the suitability and application of the information provided for themselves and their patients. The information provided via an Event is not professional advice or a substitute for seeking professional advice, nor as a full consideration of particular circumstances faced by the professional;
(e) where the Events are provided virtually, you must have all resources necessary to attend the Event, including hardware, software, telecommunications services and appropriate internet access. If you do not have the minimum resources recommended by us, your ability to attend the Event may be diminished or not possible; and
(f) we are not liable for any third party products, websites or services used by you in purchasing/booking tickets or attending the Event (including ticket providers, payment processors, venues, telecommunications and internet services). You may be required to comply with a third party’s terms and conditions and/or community guidelines when using their product, website or service to attend an Event.
6. Limitation of liability
6.1 Any liability of ours for any loss or damage, however caused and suffered by you in connection with this agreement or any Event (including by our negligence) is limited to an amount equal to the Purchase Price paid by you for the affected Event(s).
6.2 You have rights under the Australian Consumer Law which cannot be excluded by contract. Nothing in this agreement is intended to limit your rights under the Australian Consumer Law.
6.3 Events may be provided to you by facilitators, contractors or volunteers. To the extent permitted by law, we are not liable for any loss or damage (including legal costs) incurred or suffered by you, however caused, in connection with the acts or omissions of facilitators, contractors or volunteers.
7. Intellectual property rights
7.1 We retain and do not assign to you any Intellectual Property Rights (including future Intellectual Property Rights) in the Event (including any recording of an Event) and any Material presented or provided at an Event (Event IP), including slide presentations and handouts, and any developments or enhancements to Event IP.
7.2 Some of our Event IP may be licensed to you under a Creative Commons licence. Event IP licensed under a Creative Commons licence will carry appropriate markings to identify this to you. In these cases, you may use the licensed Event IP in accordance with the relevant Creative Commons licence terms. In all other circumstances, you must seek our permission to do anything with the Event IP which would otherwise breach our Intellectual Property Rights, including recording an Event, or copying, publishing or distributing Event IP.
8. Termination
8.1 We may terminate the rights granted to you under this agreement without notice if you fail to comply with any provision of this agreement.
8.2 If we terminate your rights under clause 8.1:
(a) subject to clause 6.2, you are not entitled to any full or pro-rata refund of the Purchase Price; and
(b) accrued rights or remedies of a party are not affected.
8.3 Termination of this agreement will not affect clauses 5, 6, 7, 8, 8.2, 8.3 and any other clause of this agreement which is expressly or by implication intended to come into force or continue after termination.
9. General
9.1 The laws of the Australian Capital Territory, Australia govern this agreement.
9.2 Each party irrevocably submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory, Australia and courts competent to hear appeals from those courts.
9.3 We may subcontract our obligations under this agreement.
9.4 Neither party is liable for any delay or failure to perform its obligations under this agreement to the extent that such failure is caused by a Force Majeure Event. However, nothing in this clause excuses payment of any money due for Events you have attended.
9.5 A clause or part of a clause of this agreement that is illegal or unenforceable may be severed from this agreement and the remaining clauses or parts of the clause of this agreement continue in force.
9.6 This agreement supersedes all previous agreements about its subject matter. This agreement embodies the entire agreement between the parties.
9.7 We may collect information relating to you (including Personal Information), retain that information in our customer database and use and disclose that information (including Personal Information) for purposes associated with our business, including providing you with the Events to which you have purchased tickets, and marketing of other products and services of ours, or a related entity or affiliate of ours. More information about the way we collect, use, and disclose Personal Information is set out in our Privacy Policy, available here.
9.8 The parties must endeavour to settle any dispute in connection with this agreement by mediation. The mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement between the parties, or failing agreement within seven days of receiving any party’s notice of dispute, by a person appointed by the Chair of Resolution Institute or the Chair’s designated representative. The Mediation Rules apply to the mediation. It is a condition precedent to the right of either party to commence arbitration or litigation, other than for interlocutory relief, that they have first offered to submit the dispute to mediation.
10. Definitions and interpretation
Definitions
10.1 In this agreement:
Event means a Doctors for Nutrition event hosted, facilitated or coordinated by us, either virtually or physically.
Force Majeure Event means any occurrence, event or omission outside a party’s control and, and includes any of the following: a physical natural disaster including fire, flood, lightning or earthquake; war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law; epidemic, pandemic, quarantine restriction, outbreaks of infectious disease or any other public health crisis; ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency; law taking effect after the date of this agreement, or other government agency acts or omissions; disruption or unavailability of the internet or communication facilities; strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to a party or the party’s subcontractors; and failure of any of our third party service providers to provide services, including hosting services.
Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered plant breeder’s right, trade secret, know-how, right in relation to semiconductors and circuit layouts, trade or business or company name, indication or source or appellation of origin or other proprietary right, or right of registration of those rights.
Material includes:
(a) literary, dramatic, musical, and artistic works, sound recordings, cinematograph films, broadcasts, and published editions of works as defined by the Copyright Act 1968 (Cth); and
(b) presentations, recipes, software, source code, object code, designs, test cases, case studies, documents, equipment, reports, records, manuscripts, manuals, technical information, statistics, studies, research notes, plans, charts, drawings, images, calculations, tables, trade marks, logos, schedules and data stored by any means.
Mediation Rules means the Resolution Institute Mediation Rules.
Order means an order made under clause 2.1 by you for the supply of Services.
Personal Information has the meaning given to that term by the Privacy Act 1988 (Cth).
Purchase Price in respect of a Service means the purchase price and cost of delivery for that Service as specified by us.
Resolution Institute means the Resolution Institute ACN 008 651 232, a company limited by guarantee, and any successor organisation.
Website means www.doctorsfornutrition.org, operated by us.
Interpretation
10.2 In this agreement:
(a) the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included;
(b) no rule of construction applies in the interpretation of this agreement to the disadvantage of the party preparing the agreement on the basis that it put forward this agreement or any part of it; and
(c) a reference to a party is a reference to us or you, and a reference to the parties is a reference to both us and you.
