Updated 18 September 2019
1. All orders placed through the Canon Collective website (Website) to reserve a space for a Canon Collective event or tour (Event) are governed by these “Terms of Registration”. By submitting an order, You agree to be bound by these Terms of Registration.
2. Information about, and any further criteria for participation in the Event published by Canon (the Event Criteria) forms part of these Terms of Registration.
3. Canon reserves the right to change these Terms of Registration at any time, however such changes will only apply to orders accepted by Canon after that time.
4. In these Terms of Registration, “Canon”, “We” “Our” or “Us” means Canon Australia Pty Limited (ABN 66 005 002 951); and
5. “You” or “Your” means the person entering into the agreement to reserve a space or spaces for an Event.
6. Unless otherwise stated in the Event Criteria, participants must be at least 13 years of age to attend an Event.
7. If a participant is under the age of 18:
(a) They must have the permission of their parent or legal guardian to attend the Event; and
(b) They must be accompanied at the Event by their parent or legal guardian who has also reserved a place at the Event (unless otherwise agreed with Us). We recommend that parents/guardians and minors reserve their places at the same time to ensure that there are enough spaces available.
8. If You are under the age of 18, You must have the consent of Your parent/guardian to submit an order and agree to these Terms of Registration.
Orders and Cancellations
9. An order placed by You is a request to reserve a place or places at an Event. Canon reserves the right to reject any order for any reason. If Canon rejects Your order, You will be notified in writing and if you have made a payment, Your payment will be refunded.
10. You may not cancel an order request once it has been submitted.
11. Except where otherwise specified in the Event Criteria and subject to clauses 12 and 13, You cannot cancel an accepted Order for change of mind or change of personal circumstances.
12. Once You have reserved a place or places at an Event, if, before the Event We:
(a) Significantly change the nature of the Event; or
(b) Change the date of the Event;
You will be given the option to cancel your place or places and receive a refund.
13. You acknowledge that despite our best efforts an Event may be displayed online with incorrect pricing or other information, or may be sold out, due to an error or oversight. In such circumstances, and subject to applicable law, Canon reserves the right to cancel an accepted order, in which case any payment received will be refunded.
14. If You are buying places on behalf of other people (Guests):
(a) You agree that these Terms of Registration will govern the eligibility and participation of those Guests;
(b) You will ensure that each Guest understands the eligibility and participation requirements specified in these Terms of Registration and the Event Criteria;
(c) You will ensure that each Guest otherwise complies with these Terms of Registration and the Event Criteria; and
(d) It is Your responsibility to check Your email to ensure that You are up to date with any changes to the Event, and provide relevant updates to Your Guests.
15. The price of an Event is as specified on the Website at the time of placement of your order. Prices include GST.
16. Any ancillary costs associated with your participation in an Event, including but not limited to accessing any website connected with the Event, travel expenses, meals, or accommodation are not included, and are your sole responsibility, unless otherwise indicated in the Event Criteria.
Confirmation of Order
17. You will receive a confirmation of your order via email. It is Your responsibility to ensure you provide the correct email address and to check your junk-mail folder if necessary. Subject to clause 9 above, your place/places is/are reserved upon receipt of your confirmation of order.
Legal Release and Hire Forms
18. As a condition of participating in the Event, You and Your Guests may be requested, and agree to sign any legal documentation as and in the form required by Canon or its third-party service provider or Event partners, including but not limited to a legal release form and/or equipment hire form. Canon will use reasonable endeavors to provide You with access to such documentation before You submit Your order.
Attending the Event
19. Please arrive on time. If You or Your Guests arrives late, the Event may commence without you.
20. Participation in an Event may at times require You and Your Guests to travel or participate in activities requiring physical fitness. Each participant is responsible for ensuring that they are in suitable attire and physical condition to participate. Any medical condition, medication being taken or any other factor that may affect the health or participation of You or Your Guests must be notified to Canon prior to the Event. Participation indicates that the participant certifies they do not have any physical or other conditions that may hinder participation in the Event or which might present a potential risk to the participant, Canon, its third-party providers or partners or to other participants.
21. Canon reserves the right to decline or remove any participant from an Event for any reason, including if their conduct or condition is deemed to pose a risk or nuisance to others or to the participant.
You May be Filmed or Photographed at the Event for Promotional Use
22. From time to time, Canon may take photographs or capture film of participants at an Event. Please notify Canon or the Event leader/s if You do not wish to be photographed or filmed.
23. Except where You or Your Guests notify Canon or the Event leader/s that you do not wish to be photographed or filmed, each participant consents to Canon using the participant’s likeness, image and/or voice as captured in any photographs or film (the Content) for the purpose of promoting Canon, the Event or future Events in any media, including online media such as Canon’s official social media pages and website. Canon is not obliged to use the Content. Canon may edit the Content prior to publication without seeking participant approval and is not required to acknowledge the participant when using the Content. Participants do not own any intellectual property rights in the Content.
24. You represent that any information provided by You when placing an order is up-to-date, materially accurate, and sufficient for Canon to fulfil Your order.
25. You represent that you have legal capacity to enter into a contract.
26. You represent that you have read and will comply with the Event Criteria, and where applicable, You will ensure that Your Guests have read and will comply with the Event Criteria.
27. You represent and agree that you are not submitting orders for the purpose of reselling your Event reservations.
Changes to the Event
28. Subject to clause 29 below, and unless otherwise specified, the Event will continue to run in the rain.
29. If the Event is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the control of Canon, including, without limitation, extreme weather conditions, Canon reserves the right in its sole discretion, to the fullest extent permitted by law to modify, suspend or cancel the Event. Canon will use reasonable endeavours to make contact with You prior to the commencement of the Event in such situations.
31. You consent to Canon or its third-party service provide using your details, including email address, to contact you regarding the Event and other related administrative purposes.
Limitation of Liability
32. Nothing in these Terms of Registration limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Australian Consumer Law or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees").
33. Subject to clauses 12 and 32, and to the fullest extent permitted by law, Canon expressly excludes all other direct or indirect liability arising in any way from Your order and/or Your or Your Guests’ participation in the Event.
34. If any provision of these Event Terms is unenforceable for any reason, such provision shall be severed from these Event Terms and the remaining Event Terms will remain in full force and effect.
35. These Event Terms are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales about any proceedings in connection with the Event or these Events Terms.