Gujarati Community of Queensland Inc. (GCQ) – Standard Terms and Conditions

These Standard Terms and Conditions for Event and Activity Participation (the “Standard Event and Activity Terms”) apply to participation in Event and Activity’s organized by (or in cooperation with) GCQ

• Article 1 – Definitions
• Article 2 – Application
• Article 3 – Cancellation and stand reduction
• Article 4 – Changes
• Article 5 – Admission prices and admission tickets
• Article 6 – Event and Activity program and participants
• Article 7 – Payment obligations
• Article 8 – Build-up
• Article 9 – Vacation and breakdown
• Article 10 – Use of stand space and GCQ Event and Activity venue
• Article 11 – Intellectual property rights
• Article 12 – Catalogue
• Article 13 – Risk and liability
• Article 14 – Non-performance
• Article 15 – Confidentiality
• Article 16 – GCQ’s authority permit / General fair trading laws
• Article 17 – Applicability of standard Event and Activity terms
• Article 18 – Disputes
• Article 19 – Residual provision

Article 1 – Definitions
Capitalized terms used in these Standard Event and Activity Terms have the following meanings:

1.1 Applicant: each natural or legal person who has submitted an Application Form to be a Participant in an Event and Activity, regardless of whether this application has been accepted by GCQ;
1.2 Application Fee: the amount of the down payment owed by the Applicant to GCQ at the time of the conclusion of the Participation Agreement for his application to take part in an Event and Activity;
1.3 Application Form: the online or other form by which a potential Participant applies to take part in an Event and Activity;
1.4 Conditions of Participation: the conditions contained in the Participation Agreement, the Specific Event and Activity Terms (if applicable), these Standard Event and Activity Terms and the Rules & Regulations together;
1.5 GCQ Event and Activity venue: the GCQ Event and Activity venue belonging to GCQ situated in Queensland, Australia;
1.6 Event and Activity: The Event and Activity to be put on by or in cooperation with GCQ, whether in the GCQ Event and Activity venue;
1.7 GCQ Website, Facebook or hired ticketing platform: GCQ’s online portal containing the main information about the Event and Activity for the Participants;
1.8 Participant: every natural or legal person who has submitted an Application Form to be a Participant in an Event and Activity and with whom GCQ has entered into a Participation Agreement. The Participation Agreement shall enter into force once the Participant has received a confirmation from GCQ by email;
1.9 Participation Agreement: the agreement between the Participant and GCQ on the basis of which the Participant is entitled to take part as such in the Event and Activity;
1.10Participation Costs: the total costs payable by the Participant to GCQ and comprising the Application Fee, Stand Hire and, if applicable, Stand Build-up charge;
1.11Parties: GCQ and the Participant;
1.12GCQ: GCQ is incorporated as Not for profit organisation in Queensland with Register number IA55892;
1.13Rules & Regulations: the GCQ Rules & Regulations which contain the rules applicable to all visitors to the GCQ Event and Activity venue, including exhibitors and hirers, and can be found at www.gcq.org.au;

1.14Specific Event and Activity Terms: The Specific Terms applicable to an Event and
Activity;
1.15Standard Event and Activity Terms: these Standard Terms and Conditions for Event
and Activity Participation issued by GCQ which are applicable to Applicants and
Participants;
1.16Stand Build-up: the construction and fitting out of the Stand Space, including the
provision of power supply and trestle table at the Stand Space;
1.17Stand Build-up Rules: any written Stand Build-up Rules applicable to an Event and
Activity; State government and venue regulations
1.18Stand Hire: the costs of hiring such number of square meters of floor area as
determined by GCQ for a Stand Space and any costs of the Stand Space;
1.19Stand Space: the stand and accompanying square meters hired by a Participant at an
Event and Activity.
Terms written in the singular include the plural and vice versa, insofar as the text requires.
Article 2 – Application
2.1 An application to participate in an Event and Activity should be made by completing the
Application Form, which can be obtained directly from GCQ in hard copy or through
GCQ’s online application module. The completed and duly signed Application Form
must be submitted to GCQ. If the Application Form is completed and signed by
someone other than a legal representative of the Applicant, the correct name and
contact details of a legal representative of the Applicant must be filled in on the
Application Form.
2.2 The Applicant warrants that the data supplied with his application are correct and that
the legal representative listed on the Application Form is duly authorised to represent
him.
2.3 GCQ will enter the data obtained from Applicants in a database kept by it for this
purpose. By submitting an application, the Applicant authorises the use and storage of
the data. Once a Participation Agreement has been concluded, GCQ may use these
data for the organisation of the Event and Activity and for Event and Activity-related
publication purposes through the Newspaper, catalogue, website, social media etc.

2.4 Applications which cannot be accepted immediately owing to lack of space may be put
on a waiting list. A decision on these applications shall be made before the opening of
the relevant Event and Activity. Stand Space that falls free as a result of cancellation
will be allocated in the same manner.
2.5 GCQ reserves the right to refuse an application at its own discretion. GCQ also
reserves the right, as regards acceptance of applications, to grant priority to members
of the associations or organisations acting as joint organisers.
2.6 If GCQ refuses an application, it will refund any payments (including down payments)
and will refrain from collecting the Application Fee.
2.7 The Participation Agreement is concluded solely by acceptance by GCQ of the
application, whereupon the Applicant becomes a Participant. Acceptance shall be
confirmed by GCQ to the Participant by email.
2.8 The Participant shall have the right to cancel the Participation Agreement, free of
charge, until payment of the Application Fee is due as set out in the relevant invoice,
usually 7 days (the Cancellation Term). The Participation Agreement may be cancelled
during the Cancellation Term by sending an email to GCQ at the email address
specified in the Specific Event and Activity Terms. After the Cancellation Term, the
Participation Agreement may only be terminated subject to payment the cancellation
fee set out in article 3 below.
2.10When allocating the Stand Space, GCQ will specify the location, type and dimensions
of the Stand Space allocated to and hired by the Participant. In allocating the Stand
Space, GCQ will take as much account as possible of the preferences of the
Participant. The allocation of the Stand Space is binding on the Participant as regards
both its dimensions and its location in the GCQ Event and Activity venue.
Article 3 – Cancellation and stand reduction
3.1 Requests by a Participant to cancel or change a Participation Agreement (i.e. to reduce
the number of square meters of Stand Space) may be submitted in writing or by email.
GCQ may grant such a request on condition that the Applicant in any Event and
Activity pays the subsequent cancellation fee, which is based on a fixed percentage of
the Participation Costs:

In the Event and Activity of cancellation or change, the Participant will always owe the
Application Fee to GCQ.
3.2 The Tax owed on the fees referred to in this article will also be charged.
Article 4 – Changes
4.1 In extenuating circumstances, GCQ has the right to amend the dates and times of an
Event and Activity as stated in the Specific Conditions, the Stand Space, stand type
and/or stand location allocated to the Participant or, in exceptional circumstances, to
change the concept of the Event and Activity or to cancel the Event and Activity. In
such case, the Participant shall not be entitled to claim compensation for any costs
and/or loss or damage incurred.
4.2 Changes to dates, times, Stand Space, stand type and/or stand location or to the
concept of the Event and Activity do not entitle the Participant to cancel his application
in whole or in part.
4.3 If the Event and Activity is cancelled, the Participation Agreement will lapse. In such
case, GCQ will refund all payments made by the Participant to GCQ, with the exception
of the Application Fee and after deducting the costs already incurred by GCQ in
respect of the Event and Activity. Such costs will be wholly or partly apportioned among
the Participants on a pro rata basis according to the Stand Space allocated to them.
This refund will be made within 60 days after the date on which GCQ has publicized
the cancellation of the Event and Activity.
Article 5 – Admission prices and admission tickets
5.1 GCQ may fix an admission price for the Event and Activity which applies to all visitors.
5.2 Upon payment of their Application Fee, Participants may receive a number of
admission tickets, specified in advance, which shall provide continuous admission to
the Event and Activity. These admission tickets are personal and may not be sold on or
used by persons other than the Participant.
5.3 Participants may purchase extra admission tickets from the GCQ.
Article 6 – Event and Activity programme and participants

6.1 The Specific Event and Activity Terms shall describe the goods and services which will
be displayed at the Event and Activity. GCQ has the right to refuse goods and services
or immediately remove goods and services – or arrange for their removal – from the
Event and Activity without owing any compensation for such removal and without
having to give reasons, even if the goods and services in question are as stated on the
Application Form and/or in the Specific Event and Activity Terms. Any costs incurred in
connection with such removal will be borne by the Participant.
6.2 For marketing purposes GCQ is entitled to take photographs and/or make film
recordings of the Event and Activity and the Stand Spaces and persons present there.
Participants and staff engaged by them must permit publication and/or distribution of
the photographs and recordings and indemnify GCQ against any claims in this respect.
6.3 Participants are not permitted to let children under the age of 16 work at the Event and
Activity.
Article 7 – Payment obligations
7.1 The Participant owes the Participation Costs specified in the Specific Event and Activity
Terms and any other amounts specified in the Specific Event and Activity Terms. All
amounts owed will be increased by the Tax due on them.
7.2 The Participation Costs, with the exception of the Application Fee which will be charged
shortly after the receipt of the Application Form, will be invoiced in full prior to the Event
and Activity. unless provided otherwise in the Specific Event and Activity Terms.
7.3 If the Participant considers that he does not owe all or part of an invoice, he should
inform GCQ in writing or by email, giving reasons, within ten days of the date of the
invoice, failing which any right to reduction of the invoice amount will lapse.
7.4 GCQ is entitle to collet amount in terms of Support to community and agree to provide
to do promotional activity for supporter. GCQ is entitled to change or offer new
conditions for promotion at any point during or after the event. During disagreement of
new proposed conditions due to unforeseen situation, natural event, technical issues,
force majeure or any situation outside of GCQ control, GCQ is not liable or refuse to
pay amount provided for support to community as this amount may be spent or
planned to utilise. However, GCQ would provide reasonable options to fulfill agreed
terms.

7.5 GCQ is entitled to set off payments made by a Participant, first against any outstanding
debts owed to GCQ.
Article 8 – Build-up
8.1 The Participant should construct and fit out the Stand Space on the stand location
allocated to him and do so in accordance with the Conditions of Participation and any
other instructions given by GCQ.
8.2 If the Participant intends to build his own stand, he should submit a design of the Stand
Space (in the form of a clear scale drawing or on the basis of a scale model
accompanied by a single scale drawing) to GCQ for approval no later than six weeks
before the first build-up day of the Event and Activity. GCQ has the right to withhold
approval. In such a case the Participant should modify the design of the Stand Space
within a period specified by GCQ in such a way that approval can be granted after all.
Article 9 – Vacation and breakdown
9.1 When vacating, dismantling, and cleaning Stand Space, the Participant must strictly
comply with the relevant instructions given by GCQ, including the Rules & Regulations.
If the Participant fails to meet his obligations, GCQ shall be entitled to dismantle and
clean the Stand Space.
9.2 The Participant is obliged, after the end of the Event and Activity, to restore the hired
Stand Space to its original state. Any damage to the Stand Space and/or the GCQ
Event and Activity venue will be borne by the Participant.
9.3 The goods of the Participant that are still present in the GCQ Event and Activity venue
after the period(s) referred to in article 10.1 may be stored or destroyed at the expense
and risk of the Participant.
Article 10 – Use of stand space and GCQ Event and Activity venue
10.1The Participant shall have access to the GCQ Event and Activity venue solely for the
purpose of constructing, fitting out, using and dismantling of the Stand Space (or
arranging for it to be constructed, fitted out, used and dismantled) during such period(s)
as are specified in the Specific Event and Activity Terms.

10.2The Participant is obliged to strictly comply with the instructions given by or on behalf of
GCQ, the Municipality, the fire brigade, and other authorities.
10.3Gangways and paths must always be kept completely free. GCQ is entitled to clear the
paths and keep them clear (or arrange for this to be done) at the expense of the
Participant.
10.4Unless expressly agreed otherwise in writing with GCQ, the Participant is not permitted
to:
a. hire out or part with possession of all or part of the Stand Space occupied by
him to third parties or exchange it with another Participant.
b. keep the Stand Space occupied by him closed or unstaffed during the time in
which the Event and Activity is open to visitors or to cover and/or remove the
exhibited goods or part thereof.
c. engage in activities which, in the opinion of GCQ, cause damage to or detract
from the Event and Activity as such, or one or more Participants, visitors, groups
of visitors or third parties.
d. engage in activities that cause damage or nuisance to GCQ, Participants and/or
visitors, namely noise nuisance, obstruction of light or view or nuisance in any
other form.
e. engage in activities that disrupt or are likely to disrupt fair competition.
f. project images amplify speech by means of loudspeakers and play music (live
or otherwise) and/or make sounds that reach the limit of seventy-five decibels
(75dB(A)) (measured at the perimeter of the Stand Space).
g. make changes in or to the GCQ Event and Activity venue, for instance by
gluing, painting, hacking in, breaking, drilling, nailing or otherwise damaging
floors, walls, ceilings, columns and so forth.
h. offer or advertise – at or from the Stand Space – goods and services that are not
listed by name in the application form or have been refused or removed on
GCQ’s instructions.
i. sell goods or services without GCQ’s written consent.
j. exchange parts and accessories of exhibited goods (or arrange for their
exchange) in the GCQ Event and Activity venue.

k. sell goods or services to consumers without giving them the right to return a
product that is unfit for purpose and receive back the purchase price or to have
an unfit product repaired or to exchange it for a product that is fit for purpose;
l. place or hand out goods and/or advertising material (flyers) of any kind
whatsoever outside the Stand Space occupied by him.
m. use the partition walls of the adjacent Stand Spaces.
n. exhibit or otherwise use open, flowing, sprayed and/or atomised liquids at or in
the vicinity of the Stand Space during the Event and Activity, without GCQ’s
written approval.
o. have any flammable or explosive substances, gases, and hazardous goods
(including chemical pesticides and insecticides), foul-smelling substances or
radioactive sources in the GCQ Event and Activity venue and/or have any open
fires.
p. bring food and/or drinks into the GCQ Event and Activity venue or cause the
same to be done, and/or stock or sell them and/or distribute them free of
charge, unless they have been purchased from GCQ and unless this is done in
accordance with the provisions of the applicable laws and regulations;
q. organise lotteries and hold competitions without GCQ’s consent; if a Participant
has such consent, he must strictly comply with the applicable laws and
regulations.
r. conduct or arrange for surveys among visitors to and Participants in the Event
and Activity, other than within his own Stand Space

10.5The final decision on the use of the Stand Space and/or the GCQ Event and Activity
venue by the Participant rests with GCQ.
Article 11 – Intellectual property rights
11.1The Participant is not permitted to display, offer and/or sell any goods or services in the
GCQ Event and Activity venue which infringe another person’s intellectual property
rights. For this purpose, intellectual property rights are deemed to include any patent,
trademark, design right, copyright, know-how or domain name (or application for the
same).

11.2If infringement has been established in a judicial ruling, GCQ is entitled to remove the
goods concerned (or have them removed) at the expense and risk of the Participant,
deny the Participant access to the Event and Activity and take whatever other
measures that it considers necessary, without prejudice to the provisions of article 14.
11.3GCQ is the owner of the intellectual property rights relating to the Event and Activity.
GCQ may grant written permission to Participants and other third parties to use these
intellectual property rights in such manner as GCQ may direct.
Article 12 – Catalogue or Promotional flyers
GCQ may, for the purposes of the Event and Activity, publish a catalogue or set up an
internet site (or arrange for this to be done) describing the Participants present during the
Event and Activity and their goods and services. The Participants are obliged to provide the
requisite information to GCQ for this purpose. Neither GCQ nor any third parties engaged
by it will be liable for errors, defects or omissions in the catalogue and/or on the Internet
site, unless there has been intent or deliberate recklessness on the part of GCQ (and/or
third parties engaged by it).
Article 13 – Risk and liability
13.1Goods of a Participant, including their packaging, present in the GCQ Event and
Activity venue are at the expense and risk of the Participant. GCQ does not concern
itself with the security or insurance of the goods.
13.2The Participant is responsible for obtaining the requisite licenses and permits for his
participation in the Event and Activity and for Event and Activity-related activities as
well as for complying with the laws and regulations applicable to his activities.
13.3GCQ is not liable for any loss or damage suffered directly or indirectly by a Participant,
by his personnel, by persons working on the instructions of the Participant, by the
holders of admission tickets issued to the Participant or by his visitors, unless in case
of gross negligence of willful intent on the part of GCQ.
13.4The Participant is liable for and must take out adequate insurance against any and all
loss or damage of any nature whatever that is caused by acts or omissions of the
Participant himself, his personnel, persons who work for him or on his instructions in

any way whatever, and holders of admission tickets issued to the Participant, and for
loss or damage which is caused in any way by his goods and services.
13.5The Participant indemnifies GCQ against all claims that third parties may bring against
GCQ in connection with its acts or omissions.
13.6GCQ shall not be obliged to intervene in any disputes to which it is not party, with the
exception of article 11.2, including but not limited to disputes between Participants and
disputes between Participants and visitors.
13.7Any liability of GCQ is limited to the amount paid out under the terms of GCQ’s liability
insurance, provided always that, in the absence of cover, GCQ’s liability is limited to
the Participation Costs owed by the Participant on the basis of his application.
Article 14 – Non-performance
14.1Where a Participant, his personnel, persons working for or on the instructions of the
Participant and holders of admission tickets issued to the Participant act in breach of
any provision of the Conditions of Participation or fail to follow an instruction given by or
on behalf of GCQ, GCQ is entitled, without recourse to the courts and, where
necessary, at the expense of the Participant, to take whatever measures it sees fit,
including but not limited to the following:
• terminate all or part of the Participation Agreement, without the need for prior
notice of default; and/or
• cancel the admission tickets issued to the Participant and bar the person(s)
concerned from the Event and Activity and/or the GCQ Event and Activity venue
with immediate effect; and/or
• cancel or discontinue the build-up of the Stand Space, close or vacate all or part
of the Stand Space (or arrange for this to be done), and dispose of the Stand
Space thus released or left unoccupied; and/or
• keep possession of, store and, if necessary, destroy the goods of the Participant
and anything constructed or installed by the Participant; and/or
• exclude the Participant concerned from participating in the Event and Activity
and any other Event and Activity’s to be organised; and/or

• if the Participant fails to pay the Participation Costs on time or in full, charge the
statutory commercial interest and extrajudicial costs of collection on the amount
of the claim(s).
notwithstanding GCQ’s right to claim full compensation for any loss or damage suffered
and/or yet to be suffered.
Article 15 – Confidentiality
15.1Each Party shall treat as confidential and not disclose or use any information contained
in this Participation Agreement or information that becomes available in the course of
performing the Participation Agreement and of which it has been notified by the other
Party that the information is confidential or that it should reasonably understand is
confidential, unless and in so far as:
15.1.1disclosure is required by the Participation Agreement, by law or by the courts;
15.1.2disclosure is required by a supervisory authority or public body;
15.1.3disclosure is necessary to enforce this Participation Agreement in court proceedings;
15.1.4the other Party has given written permission for disclosure;
15.1.5the information has come into the public domain through no fault of the disclosing Party;
15.1.6disclosure is necessary in order to obtain advice from a professional adviser. In the Event and Activity of disclosure of information in the cases referred to above, the disclosing Party shall consult the other Party about the content, form and timing of the intended disclosure.
Article 16 – GCQ’s Not for profit activities
16.1GCQ has been granted to organise Not for profit activities/events covered by the QLD Government, as described in the Rules & Regulations. If a Participant wishes to organise an activity that is covered by GCQ’s permit, he should request GCQ’s consent. GCQ will decide on the request as quickly as possible.
16.2A Participant is deemed to have ascertained before making an application whether the activities he intends to organise require GCQ’s consent. If the Participant fails to request GCQ’s consent for an activity that falls within the scope of the authority, GCQ may take immediate action to terminate the activity (or have it terminated) and may, as a last resort, rescind the Participation Agreement.
16.3If GCQ grants consent for the organisation of an activity, the Participant – or a third party who makes use of such consent through the intermediary of the Participant – must strictly comply with the conditions attached to the consent.
16.4A Participant – or a third party who makes use of such consent through the intermediary of the Participant – is obliged at all times to cooperate in any check on compliance with the conditions attached to the consent.
16.5If a Participant – or a third party who makes use of such consent through the intermediary of the Participant – wholly or partly fails to comply with any condition attached to a consent, the Participant will be fully liable for any loss or damage suffered by GCQ as a consequence. Loss or damage includes for this purpose any sanctions imposed on GCQ by or on behalf of the competent authority on account of breaches of or non-compliance with the decision granted to GCQ.
16.6GCQ will not be liable for any loss or damage which the Participant – or a third party who makes use of such consent through the intermediary of the Participant – suffers as a consequence of the actions of GCQ in monitoring compliance with the conditions attached to the consent (unless there has been intent or deliberate recklessness on the part of GCQ) or as a consequence of any enforcement action taken by the competent authority.
16.7Insofar as third parties who make use of such a consent through the intermediary of the Participants are subject to any obligation under this article, the Participant is obliged to impose these obligations on such third parties. The Participant indemnifies GCQ against all claims of third parties which use or wish to use the consent, insofar as the claims are in any way connected with such matters as the granting or withholding of consent, the content of the consent, or the measures taken by GCQ or the competent authority in monitoring and enforcing the conditions attached to the consent. This is without prejudice to the liability of the Participant in accordance with article 15.
Article 17 – Applicability of standard Event and Activity terms
17.1If and insofar as any provision of the Standard Event and Activity Terms is null and void or is avoided, the other provisions of these Standard Event and Activity Terms will remain in force in full. GCQ will then adopt a new provision to replace the provision that is null and void or has been declared avoided, taking account as far as possible of the tenor of the former provision.
17.2The applicability of any terms and conditions of the Participant is expressly rejected, notwithstanding any previous or subsequent reference to – or declaration of the applicability of – such terms and conditions of the Participant, for example on invoices.
17.3In the Event and Activity of conflict, the Conditions of Participation will prevail in the
following order:
a. the Participation Agreement.
b. the Specific Event and Activity Terms.
c. the Standard Event and Activity Terms.
d. the Stand Build-up Rules.
e. the Rules & Regulations.
Article 18 – Disputes
18.1The Conditions of Participation and all legal relations which may arise between GCQ on the one hand and the Participant and/or Applicant on the other will be governed exclusively by Australian law and in Queensland Jurisdiction.
18.2In the Event and Activity of disputes resulting from the Conditions of Participation or legal relationships arising from them, the Parties will first consult together in order to attempt to resolve this dispute by amicable means. If the Parties do not succeed in this, a dispute as referred to above will be decided exclusively by the Fair Trading agency in Queensland or the competent court in Queensland, without prejudice to the right of appeal and appeal in cassation.
Article 19 – Residual provision
19.1GCQ will decide on all matters for which the Conditions of Participation make no provision or in all cases in which they are deemed unclear.