CA ANZ Events Terms and Conditions

1. About these Terms and Conditions

1.1. This document has been prepared by Chartered Accountants Australia and New Zealand and sets out the terms and conditions, consents, and releases (“Terms and Conditions”) that applies to you (“You”) in relation to Your registration and participation (either in-person or by telecommunications platform such as Zoom or Microsoft Teams) at a CA ANZ Event.

1.2. These Terms and Conditions consist of 3 parts as follows:

Part A – General Terms is about how CA ANZ will collect, hold, use, and disclose Your Personal Information and applies to:
- registration, participation, Recording and publication of Your Personal Information at a CA ANZ Event;
- any dietary and accessibility requirements disclosed by You in connection with a CA ANZ Event; and
- notice of Your registration at a CA ANZ Event to other registrants.
Part B – Additional Terms about Recordings applies to You (in addition to the terms at Part A) in relation to ownership of Recordings of You at CA ANZ Events.
Part C – EU Data Subjects – applies to You if your Personal Information is regulated under the EU General Data Protection Regulation (EU 2016/679) (“GDPR”) or UK Data Protection Act 2018 and CA ANZ collects Your Personal Information in accordance with these Terms and Conditions.

1.3. You can find defined terms that apply in these Terms and Conditions at the end of these Terms and Conditions.

You agree to these Terms and Conditions when You tick the consent box on the CA ANZ platform or sign a consent form or indicate Your consent via email to CA ANZ or otherwise notify CA ANZ of Your consent in writing, as part of Your registration and/or if You participate in the CA ANZ Event (providing You have had reasonable notice of these Terms and Conditions prior to participation). Before providing Your consent to these Terms and Conditions, please read these Terms and Conditions and our Privacy Policy carefully.

Part A - General Terms

2. Application of these Terms and Conditions

The Terms and Conditions in this Part A apply to:

(a) Your registration and/or participation at a CA ANZ Event;

(b) Recording of Your Personal Information at a CA ANZ Event (including publication of Your Personal Information in the Recordings);

(d) Your registration and participation in the CA ANZ Mentoring Program;

(e) notice of Your registration at a CA ANZ Event to other potential registrants/registrants at that CA ANZ Event.

(f) Your obligations to CA ANZ, and CA ANZ’s obligations to You.

3. Registration and Participation in a CA ANZ Event

3.1. CA ANZ collects Your Personal Information from You directly when You enter Your Personal Information on the CA ANZ Event registration form, when You attend a CA ANZ Event or are Recorded at a CA ANZ Event, to the extent that it is reasonably necessary for You to register for, participate in or be Recorded at a CA ANZ Event.

3.2. CA ANZ collects, uses and discloses Your Personal Information in connection with Your CA ANZ Event registration and attendance at a CA ANZ Event. If You do not provide Your Personal Information, CA ANZ may be unable to process Your registration.

3.3. CA ANZ may disclose Your Personal Information about registration and participation in a CA ANZ Event to our agents, contractors and service providers in connection with Your registration and attendance, such as where we outsource functions and as otherwise set out in our Privacy Policy. Examples of outsourced functions include CA ANZ engaging a third party service provider to provide online training to You or engaging a Conference Centre to host a CA ANZ Event. CA ANZ may also disclose Your Personal Information to a mentor or mentee or prospective mentor or mentee in connection with the CA ANZ Mentoring Program.

4. Recording and Publication of Personal Information

4.1. CA ANZ collects, uses and discloses Your Personal Information in connection with Recordings taken at a CA ANZ Event.

4.2. By agreeing to these Terms and Conditions and/or by attending or otherwise participating in a CA ANZ Event (where You have been provided with reasonable notice about these Terms and Conditions), You consent to:

(a) being Recorded, and to the release, publication, exhibition or reproduction of any and all Recordings identifying You. (These Recordings may be published in newsletters, magazines, annual reports, social media and marketing materials online and be accessible over the internet from anywhere in the world for a reasonable period of time subsequent to the CA ANZ Event, including on CA ANZ' Websites); and

(b) CA ANZ may use, publish and distribute the Recordings for any purpose connected with CA ANZ’ legitimate interests, including for promotional purposes.

4.3. You acknowledge that You may be identifiable in the Recordings.

4.4. We may disclose Your Personal Information in Recordings to other attendees at a CA ANZ Event, the public at large (including for promotional purposes) and agents, contractors and service providers in connection with the publication and use of the Recordings.

4.5. If You do not provide Your consent to being Recorded and/or publication of Your Personal Information in the Recordings, You may not be able to attend a CA ANZ Event. (Please email us for further information at [email protected] if You do not consent to being Recorded or Your Personal Information being published by CA ANZ in a Recording).

4.6. If at any time You would like CA ANZ to remove a Recording identifying You from the CA ANZ Website or on a CA ANZ social media platform, You may request us to do so by contacting CA ANZ by email at: [email protected]. CA ANZ will use reasonable efforts to remove the Recording where possible.

5. Dietary and Accessibility Requirements

5.1. You agree to CA ANZ collecting, using and disclosing your Sensitive Information in connection with Your dietary requirements and any accessibility requirements by entering Your information about dietary and accessibility requirements on the CA ANZ Event registration form or by otherwise disclosing Your dietary and accessibility requirements to CA ANZ.

5.2. If You do not disclose information about Your dietary or accessibility requirements to CA ANZ, CA ANZ (and its service providers) may not be able to provide meals suitable to Your dietary requirements or arrange appropriate accessibility for You at a CA ANZ Event. CA ANZ may disclose information about Your dietary and accessibility requirements to third party service providers including CA ANZ Event providers and their employees and agents.

6. Disclosure of Registration to other Registrants

CA ANZ may disclose Your name and the fact of Your registration to a CA ANZ Event to other registrants and potential registrants to that CA ANZ Event. CA ANZ discloses this information to other registrants, to facilitate networking at the CA ANZ Event.

7. Other Privacy Terms and Conditions

7.1. If You have consented to CA ANZ collecting Your Personal Information (including Sensitive Information) You may withdraw Your consent at any time, by contacting us using the contact details in our Privacy Policy. If You withdraw Your consent to being Recorded at a CA ANZ Event then You may choose to communicate this to a CA ANZ staff member at the CA ANZ Event and leave the CA ANZ Event. If You withdraw Your consent, You may not be able to participate in a CA ANZ Event. Please note however, that in certain circumstances it may still be lawful for CA ANZ to continue processing Your Personal Information even where You have withdrawn Your consent, if another legal basis is applicable.

7.2. If You do not wish to provide CA ANZ with Your Personal Information You may contact us at [email protected]. If You request to be anonymous, or use a pseudonym, CA ANZ may not be able to register You in a CA ANZ Event and You may not be able to attend a CA ANZ Event or be Recorded at a CA ANZ Event.

7.3. Depending on the location of the CA ANZ Event, CA ANZ may disclose Your Personal Information to overseas recipients (and in any overseas locations specified in our Privacy Policy), for example, event records for UK CA ANZ Events may be provided to CA ANZ in Australia.

7.4. Additional information about how CA ANZ manages Your Personal Information including how You can seek to access and correct Your Personal Information or raise a privacy concern with us and how it will be dealt with is set out in our Privacy Policy. You can access our Privacy Policy, at https://www.charteredaccountantsanz.com/privacy-policy. CA ANZ’s Privacy Policy forms part of these Terms and Conditions. Please read our Privacy Policy carefully.

8. CA ANZ E-Store Terms and Conditions

CA ANZ E-Store terms and conditions govern Your purchase of a ticket to, registration and attendance at a CA ANZ Event. E-store terms and conditions are available here: https://www.charteredaccountantsanz.com/events-terms. Please read the E-store terms and conditions carefully before You register and attend a CA ANZ Event.

9. Each party’s obligations

9.1. Whilst participating at a CA ANZ Event, You must:

(a) behave professionally and ethically and act with integrity at all times;

(b) comply with all applicable laws and regulations that apply to You;

(c) comply with CA ANZ’s professional regulations, including the member Code of Conduct available at https://www.charteredaccountantsanz.com/en/Member-Services/Member-obligations/Codes-and-Standards;

(d) not act in any way that might bring CA ANZ, the Program and/or a Program participant into disrepute;

(e) comply with all reasonable instructions provided by CA ANZ or venue operators at CA ANZ Events; and

(f) not do anything designed to or likely to disparage or damage the goodwill or reputation of CA ANZ, its Intellectual Property or business.

9.2. While facilitating the Program, CA ANZ:

(a) will not act in any way that might bring You into disrepute;

(b) will deliver the Program in accordance with these Terms;

(c) warrants that the use of material provided to You by CA ANZ (excluding any third party material) for the purposes of Your participation in the Program does not, and will not, infringe the Intellectual Property rights or other rights of any third party; and

(d) will provide the Program with reasonable care and skill.

Part B – Additional Terms about Recordings

10. Ownership of Recordings

10.1. This Part B applies to You in addition to the terms in Part A if You are Recorded, participate in Shoots, or write Assigned Articles.

10.2. You agree that CA ANZ has right of ownership (including copyright) of the Recordings taken by or on behalf of CA ANZ at the CA ANZ Event which may include a Recording of You.

10.3. You acknowledge and agree that:

(a) CA ANZ may provide the Recordings to third parties (such as journalists, advertising agencies and media outlets) for use or distribution;

(b) CA ANZ will own all rights in the Recordings and You will not receive any payment or remuneration in relation to the use, publication, or distribution of any Recordings which may include Recordings of You; and

10.4. You may request that CA ANZ provides to You a perpetual licence to use the final, edited and branded Recordings for personal purposes only. CA ANZ agrees to give Your request reasonable consideration.

10.5. If CA ANZ grants a licence to the Recording to You, You agree not to exploit, use, modify, distribute, publish or copy the Recordings (including all raw footage) for any commercial purpose and not to exploit, use, modify, distribute, publish or copy the Recordings (including all raw footage) for any commercial purpose.

11. Terms applying to Shoots and Assigned Articles

11.1. If You:

(a) participate in a Shoot; and/or

(b) write an Assigned Article,

then, this clause 10 applies to You.

11.2. Each party warrants to the other party that any information for use as Media during a Shoot or in an Assigned Article:

(a) is accurate and is not misleading;

(b) does not constitute a misuse of any person’s confidential information or Personal Information; and

11.3. If You provide to CA ANZ an Assigned Article You agree to assign to CA ANZ all right, title and interest (including all Intellectual Property Rights) in the content within the Assigned Article absolutely and for the territory of the world.

11.4. You also warrant that the use or exploitation of the Intellectual Property Rights in the Assigned Article in any manner does not, and will not, infringe any person’s rights (including Intellectual Property Rights and moral rights), but only to the extent that CA ANZ has not modified the Assigned Article so as to cause the infringement.

11.5. You grant consent to CA ANZ to use of the Assigned Article and for CA ANZ to do any act for the purpose of CA ANZ legitimate interests, (including reproduction, publication and communication to the public, making an adaption or adaptions) in such ways which but for this consent may constitute an infringement of Your moral rights as the author of the Assigned Article.

11.6. You acknowledge that You are under no obligation to participate in a Shoot or write an Assigned Article and that Your choice to participate in a Shoot or write an Assigned Article is entirely voluntary.

11.7. You are not permitted to photograph, film, record or otherwise transmit any audio or visual material that contains CA ANZ’s Intellectual Property, third party presenters or materials provided at or in connection with a CA ANZ Event, unless You have CA ANZ’s prior written consent.

12. Liability and Indemnity

12.1. This clause 12 is subject to clause 13.3 (rights you may have under the Consumer Law).

12.2. Subject to clauses 12.4 and 12.5:

i. neither party will be liable to the other party under these Terms and Conditions for any indirect, incidental, special or consequential loss or damages, including but not limited to loss of profits or anticipated profits or loss of goodwill, (but excluding reputational loss) even if a party has been notified of the possibility of such potential loss or damage.

ii. each party’s (and any related parties’) total maximum liability to the other party for all claims, actions, proceedings, losses, damages, liabilities and costs sustained, incurred or suffered by the other party arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to $10 000 (AUD).

12.3. Excluding clause 12.2:

(a) each party agrees to fully indemnify and hold harmless the other party (and its Representatives) from and against any claim, cost, demand, liability or damage (including legal costs), incurred by the other party (and its representatives) arising out of or in connection with:

i. any breach of the warranties in clause 11.2.

ii. use of the Recordings, Media, an Assigned Article or any other materials provided by one party to the other (except if the materials are third party materials) in connection with the CA ANZ Event, which infringes the Intellectual Property rights of the other party (and their Representatives) or any third party.

12.4. The liability and liability to indemnify, of each party to the other party under these Terms and Conditions will be reduced proportionately to the extent an act or omission of the other party causes the loss for which the first party is liable.

12.5. You acknowledge and agree that:

i. CA ANZ is an Australian registered body corporate which is formed in Australia; and

ii. the members of CA ANZ are not liable for the debts and liabilities of CA ANZ.

13. Application of the Consumer Guarantees

13.1. The Consumer Law provides consumers in Australia and New Zealand with certain ‘consumer guarantees’. These guarantees apply where the goods and services CA ANZ supplies to You are of a kind ordinarily acquired for personal, domestic or household use and are not re-supplied by You.

13.2. Where our liability with respect to any statutory rights under Australian Consumer Laws cannot be excluded, but may be restricted or modified by agreement, CA ANZ’ liability is limited to:

i. in the case of a supply of goods, our choice of replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or, paying the cost of having the goods repaired; and

ii. in the case of a supply of services, our choice of supplying the services again; or, paying the cost of having the services supplied again.

13.3. Nothing in these Terms is intended to exclude, restrict or modify any rights that You may have under the Consumer Law or any other applicable legislation in the relevant local jurisdiction, which may not be excluded, restricted or modified by agreement.

13.4. If any provision of these Terms is rendered or deemed to be illegal, void or unenforceable, then:

i. under Australian Consumer Law where the offending provision can be read down so as to give it a valid and enforceable operation, it must be read down to the minimum extent necessary; and

ii. in any other case and in all cases under the New Zealand Consumer Law, the offending provision must be severed from these Terms and/or the third party terms (if relevant), in which case the remaining provisions will operate as if the severed provision had not been included.

Part C – EU Data Subjects

14. Additional Provisions for EU Data Subjects

14.1. The following additional provisions apply to You if the GDPR applies to You.

14.2. Lawful grounds: Under the GDPR, we are permitted to process Your information (including for registration and participation in a CA ANZ Event and Recording Your Personal Information at a CA ANZ Event (if applicable)) for the purposes described in this Notice, by relying on one or more of the following lawful grounds: (a) You have explicitly agreed that we may process Your information for a specific reason; (b) the processing is necessary to perform the agreement we have with You or to take steps to enter into an agreement with You; (c) the processing is necessary for us to comply with our legal obligation; or (d) the processing is necessary for our legitimate interests, which include: (i) to protect our business interests; (ii) to ensure that complaints, including complaints about member conduct, are appropriately investigated; (iii) to evaluate, develop or improve our products and services; or (iv) to keep our members informed of relevant products and services, unless You indicate that You do not wish us to do so. We generally rely on Your specific consent to process special categories of personal data (i.e., ‘sensitive information’). However, in some cases (for example, relating to an alleged offence), we may need to use some of that information to comply with our legal obligations.

14.3. Where you have consented to our processing of Your information (including special categories of personal data), You may withdraw your consent at any time. To do so, contact us using the details set out in our Privacy Policy. In some cases we may lawfully continue to process your information even after You withdraw your consent, by relying on the legal bases described above. Other important information such as transferring Your personal data outside the European Economic Area information, Your specific GDPR rights over Your personal data and how and when we retain and destroy Your personal data is explained in our Privacy Policy.

Definitions

In these Terms and Conditions, the following definitions apply:

Term	Meaning
Assigned Article	means an article written by You at a CA ANZ Event for publication by CA ANZ.
CA ANZ	means Chartered Accountants Australia and New Zealand (ABN 50 084 642 571), including its subsidiaries and controlled entities.
CA ANZ Event/s	means the CA ANZ activity that You are registering for on the CA ANZ registration form, at the specified date, time and place (including online) in Your registration, and includes the following types of events: 1. promotional events, programs (including mentoring programs) meetings, graduation ceremonies, student representative programs, conferences, workshops, live webinars, training events, networking events, celebrations, and sporting events; 2. authoring of Assigned Articles; 3. Shoots; and 4. any other CA ANZ events referred to in this Notice.
CA ANZ Privacy Policy	means the CA ANZ Privacy Policy available at: https://www.charteredaccountantsanz.com/privacy-policy
CA ANZ Websites	CA ANZ websites include: 1. www.charteredaccountantsanz.com; and 2. www.youunlimitedanz.com
Consumer Law	means the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) and the Consumer Guarantees Act 1993 (NZ) (Consumer Law) or similar laws in other applicable jurisdictions.
Intellectual Property Rights	means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967.
Media	includes Recordings taken at a Shoot for marketing purposes featuring You.
Personal Information	is information or an opinion about an identified or identifiable individual and may include the following personal information: 1. Recordings; 2. Media; 3. contact details, including name, email address and telephone number; 4. Sensitive Information; and 5. any other personal information collected by CA ANZ (including personal information collected by a Related Party or CA ANZ service provider) in connection with a CA ANZ Event.
Privacy Act	means: (a) in Australia, the Privacy Act 1988 (Cth); (b) in New Zealand, the Privacy Act 2020 (NZ); (c) in Europe, the EU General Data Protection Regulation 2016/679 (the "GDPR") as amended from time to time; together with all other applicable legislation in force from time to time relating to the processing of personal data and privacy, including the Data Protection Act 2018 (UK); and (d) in any other jurisdiction, the equivalent legislation of that jurisdiction to paragraph (a) and/or (b) above.
Recordings	includes photography, images, footage, audio and video recordings in which You may be identifiable and Media (as applicable).
Related Parties	means CA ANZ officers, employees, affiliates, licensees, agents and assignees.
Sensitive Information	has the meaning set out in a Privacy Act and includes information about an individual’s racial or ethnic origin, health, dietary and accessibility requirements. Sensitive Information includes “Special Category” as applicable (in the EU and UK).
Shoot	date, time and place where Media are recorded.

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