i. Welcome to Ideas@Perth Inc., trading as TEDxKingsPark, (ABN 12 519 887 714) PO Box 12, Nedlands, Western Australia 6909 (“we”, “us” or “our”).
iii. If you do not agree with these Terms, you must not access our website or use our Services.
iv. Our Services are provided as a public service to promote the spread of good ideas and to encourage positive change in our community. TEDxKingsPark is an independent not-for-profit and is not affiliated with Kings Park Botanic Gardens & Parks Authority. We independently organise and provide Services under a license from TED Conferences LLC.
v. We reserve the right to change these Terms at any time. If any such changes constitute a material change, we will notify you. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. Your continued use of any of our Services (including using this website and attending an Event) will constitute acceptance of such changes.
2. Our Services
i. Our Services allow you to:
a. register as a Member of the TEDxKingsPark community,
b. register for and pay for attendance at Events, and
– inspiring, innovative, and educational talks; and
– an online collection of resources including talks, films, performances, news, ideas and other information.
ii. You must use and access the Services for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use of them.
iii. We do not represent or warrant that the operation of the Services will be secure, confidential, uninterrupted, error-free, accurate, complete or current.
3. Membership of TEDxKings Park
i. Registering as a member (“Member”) and joining the membership (“Membership”) of TEDxKingsPark, as described in clause 2(i)(a), does not confer or imply membership of Ideas@Perth Inc., as described in the rules of association of Ideas@Perth Inc.
ii. Membership of TEDxKingsPark includes various benefits that may change from time to time at our sole discretion. We do not represent or warrant that benefits available to you when you join as a Member will be available in future.
iii. When registering as a Member you must be at least 14 years old and that, if you are under 18, you have obtained explicit consent from your parent or guardian.
iv. You agree and acknowledge that all information you provide us when registering as a Member will be true, accurate, current and complete and you will not create a Membership for anyone other than yourself.
v. You must notify us immediately of any unauthorised use of your Membership. We are not liable for any loss or damage arising in connection with any unauthorised use of your Membership.
vi. You may cancel your Membership for any reason and at any time by notifying us.
vii. We may reject your Membership registration, disable, suspend, or cancel your Membership if you fail to comply with your obligations under these Terms, or if we suspect there is unauthorised use of your Membership.
4. Website Use
i. You warrant and represent that your access to, or use of, our website (“Site”) is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
ii. We may, in our absolute discretion, terminate or restrict your access to the Site where you have breached these Terms for any reason and at any time. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Site. Further, we may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.
iii. You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.
iv. You must not:
a. copy, modify, or create derivative works based on the content available through the Services and/or based on the Services generally;
b. infringe the intellectual property rights, privacy or confidentiality of any third party;
c. engage in any activity that is illegal and/or that may result in injury, death, property damage, and/or liability of any kind; and/or
d. post or transmit any unauthorised material, including material that is (in our opinion) offensive, inflammatory, defamatory, racist, obscene, threatening, or pornographic.
iv. You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.
5. Linked Websites
i. Our Services may contain links to third-party websites, products and services.
ii. Nothing available through our Services amounts to an offer by us, or any third-party provider, to:
a. provide any goods or services to you; or
b. enter into any contract with you.
iv. We do not make any representations or warranties in relation to, and we exclude all liability from, third party websites, products and services.
v. You may link to the Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
vi. You must not establish a link to the Site from any website that is not owned by you.
vii. This Site must not be framed on any other website.
6. Privacy and Security
ii. Whilst we take reasonable steps to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us.
iii. We are not responsible for any of the privacy or security practices of any of the users of the Services, or any linked websites.
iv. Any information which you transmit to us or to any other user of the Services is transmitted at your own risk. We are not responsible or liable with respect to any communications or transactions between you and any third party that you contact as a result of accessing or using the Services.
7. Attending Events
i. From time to time, we may host TEDxKingsPark events (“Event(s)”).
ii. To attend an Event, you must:
a. have registered successfully and paid for your attendance in full;
b. agreed to abide by our attendee Code of Conduct as set out in clause 9
c. provide photo identification, if we require it;
d. consent to us (or someone on our behalf), or our partners, taking screen shots or recording audio or video of your attendance and participation at the Event;
e. be 15 years of age or older, or if you are under 15 years of age be accompanied by an adult over 18 years old who has also registered to attend the Event; and
f. consent to us (or someone on our behalf), or our partners, taking and sharing photographs, and audio and video recordings of you at an Event (Recordings).
iii. We own all rights (including copyright and other intellectual property rights) to the Recordings, are under no obligation to use, or pay you for, our use of the Recordings and you have no right of approval, claim for compensation, or claim, arising out of, directly or indirectly, from the use and publication of the Recordings.
8. Cancellation of Events
i. If you have paid registration fees for an Event and are unable to attend, you may transfer your registration without cost, provided:
a. the transferee meets the requirements in clause 7(ii); and
b. you make your transfer request at least 3 full days before the Event.
ii. We are a non-profit organisation and our registration fees represent an integral part of our funding. We do not provide refunds for cancellations or non-attendance by you, unless required by any applicable Australian law. However, we do allow you to transfer your registration to another person, free of charge, in accordance with clause 8(i).
iii. We reserve the right to cancel or reschedule or reframe the delivery of an Event in our sole discretion. If that happens, then the following terms apply.
a. We will notify you of any changes to an Event as soon as is reasonably practicable.
b. Where we reschedule or reframe the delivery of an Event, we will automatically transfer your registration to the rescheduled/reframed Event. Clause 8(i) will continue to apply and you may transfer your registration pursuant to it.
iv. If we cancel, reschedule or reframe the delivery of an Event due to government restrictions or mandates arising as a result of COVID-19 (and/or any other cause independent of human control), we will outline the options that we are able to offer in respect of your registration at that time, taking into account guidance provided by the Australian Competition & Consumer Commission.
v. For the reasons explained in clause 8(ii), save for where we are required to provide a refund under the Australian Consumer Law or other applicable Australian law, our tickets are generally non-refundable.
9. Attendee Code of Conduct
i. TEDxKingsPark is built around a spirit of curiosity, open-mindedness, respect and tolerance and we do not tolerate harassment in any form.
ii. As a Member of the TEDxKingsPark community and Event attendee, you are required to practice tolerance and respect for everyone, including other attendees, staff, volunteers and vendors, regardless of their background, class, political views or status.
iii. At an Event, you agree to:
a. respect people’s space and everyone’s ability to participate in the event;
b. respect confidentiality requests by speakers and other attendees; and
c. look out for your fellow attendees.
iv. These behaviours don’t belong, and will not be accepted, at our Events.
a. Sexual harassment of any kind, including unwelcome sexual attention and inappropriate physical contact.
b. Being disruptive, drinking excessively, bullying, stalking, following or threatening anyone.
c. Homophobia, racism, or behaviour that unlawfully discriminates against a group or class of people.
d. Invasion of privacy, including taking photos that are unwanted or intrusive.
v. We reserve the right to:
a. bar you from our Events in their entirety or in part;
b. cancel the Event or your TEDxKingsPark registration / Membership; and/or
c. remove from an Event any person who violates this attendee code of conduct, without refund (to the extent permitted by law).
vi. If, while at an Event, you have been involved in or have witnessed an incident that violates this attendee code of conduct, please report it as soon as possible to a TEDxKingsPark team member.
vii. All reports will be treated in the strictest of confidence to the extent possible, taking account of the TEDxKingsPark’s obligations to properly investigate complaints in appropriate circumstances.
viii. If you wish, our team can also help you contact venue security or the local police or provide you with an escort to assist you in feeling safe for the duration of the event.
10. Intellectual Property
i. We post content from around the world. While we strive to ensure all ideas posted are credible, based on facts and do not infringe on other people’s intellectual property rights, there may be an occasion when content is provided by other parties, and/or may include material that infringes on the copyright another third party. If you believe in good faith that content on our site infringes your copyright, you may send us a notice detailing the alleged infringement and requiring it be removed.
ii. We own, or are the licensee of, the intellectual property rights in the content available via the Services, including text, graphics, photographs, logos, icons, sound recordings and software. These Terms do not transfer any intellectual property rights from us to you or any third parties.
iii. You must not, without our consent:
a. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the content or material downloaded from the site;
b. use our name, logo and other trademarks, service marks, graphics, and logos or any third-party trademarks appearing on the site; and/or
c. create links to the Services.
iv. The parties agree we will own any intellectual property rights arising from any suggestions or feedback you provide to us.
i. To the extent permitted by law, we make no representations, and provide no warranties of any kind, including:
a. that your use of the Services will be uninterrupted or error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion; or
b. that any information or other content posted or otherwise made available to you (including at an Event) by us or by third parties is complete, accurate, verified, audited, adequate, reliable, up-to-date, or suitable for any particular purpose, or that reasonable care has been taken in compiling, preparing and posting such information and third-party content.
i. Your use of the Services and attendance at an Event is entirely at your own risk. Notwithstanding anything else in this agreement, we accept no liability for any decisions made by you, as a result of your use of the Services or attendance at an Event.
ii. To the extent permitted by law:
a. the Services and all third-party content available to you through the Services are (except as expressly stated by us) provided “as is” and “as available” for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; and
b. we are not liable for any direct, indirect loss or Consequential Loss resulting from:
i. any action taken, or reliance made by you on any information or other third-party content available to you through the Services;
ii. any unauthorised access of or breach of security to the Services for whatever reason;
iii. any error, faults, omissions, inaccuracies or misrepresentation in relation to the Services and their content;
iv. the transmission of any virus; and/or
v. your use of the Services or attendance at an Event.
iii. Nothing contained in these Terms restricts or modifies any guarantee, right or remedy which pursuant to the Australian Consumer Law applies to these Terms or is conferred on you.
iv. To the extent that the Australian Consumer Law permits, TEDxKingsParks’s liability for its failure to comply with a guarantee imposed by the Australian Consumer Law is limited to:
a. in the case of goods, to one or more of the following:
i. the replacement of the goods or the supply of equivalent goods; or
ii. the repair of the goods; or
iii. the payment of the cost of replacing the goods or acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired; or
b. in the case of services any cost of the following as determined by us:
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again.
i. In this clause 12:
a. “Consequential Loss” includes losses which do not arise naturally from a breach of contract in the usual course, loss of profits, loss of revenue, loss of data, lost production, loss of business, loss of the benefit of any contract or other agreement or arrangement, death or personal injury, damage to health, damage to reputation, and legal costs; and
b. “Australian Consumer Law” means the provisions of Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied under Part XI or under a law of a State or Territory.
i. Notices required to be given under these Terms may be sent by email to firstname.lastname@example.org.
ii. If any term or provision of these Terms are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms and conditions will be unaffected.
iii. A failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision.
iv. We will not be responsible for failures to fulfil any obligations due to causes beyond our control.
v. These Terms will not be interpreted or construed to confer any rights or remedies on any third parties.
vi. These Terms constitute the entire agreement between the parties, with all other agreements or understandings previously existing between you and us hereby replaced.
vii. The Services or content made available on or through the Services, are not intended for distribution to, or use by, any person or entity, in any jurisdiction or country, where such distribution or use would be contrary to law or regulation. We may limit the availability of the Services or content, or any part of, to any person, geographic area, or jurisdiction at any time.
viii. Nothing in these Terms should be read to override or circumvent any laws of a foreign jurisdiction. All Services or content made available through the Services are void where prohibited.
ix. These Terms are governed by the laws of Western Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Western Australia to resolve any dispute or claim arising from these Terms.