Last Updated: May 9th, 2023
These terms and conditions (these “Terms”) govern your registration for and participation at the Amazon Australia Seller Summit 2023, whether in-person, webcast, on-demand or virtual (the “Event”) organised by Amazon Australia (“Amazon”, “we”, “us” or “our”) and are an agreement between you and Amazon. You represent to us that you are authorised to enter into these Terms. By registering and participating in the Event, you agree to these Terms.
Section 1: Event Registration and Attendance.
You may only register for and attend the Event in accordance with these Terms. To register for the Event, you must complete the Event registration process. Unless the Event’s registration webpage specifies otherwise or we expressly inform you otherwise, you must be at least 18 years of age on the day of the Event. Event registration is subject to availability and may close prior to the Event. The Event program is subject to change. You will at all times comply with the Amazon Australia Seller Summit 2023 Code of Conduct.
Section 2: Safety and Security.
Your safety and security are important to us. You understand that you and your property may be subject to a reasonable search upon entry to the Event. We may also ask you to provide photo identification. If you refuse to participate in these security measures, we may deny you entry. We also reserve the right to ask you to leave the Event if your behaviour causes us concern for the safety or security of Event attendees.
Section 3: Your Information.
By registering for the Event, you agree to receive information from Amazon via email about the Event and selling on Amazon. We handle your information in accordance with the Amazon.com.au Privacy Notice. You may opt-out of marketing communications from Amazon at any time by following the instructions in the communications you receive.
Section 4: Recordings and Materials.
4.1 Your Materials; Recordings.
You grant us, our independent contractors, and our agents the right to record, film, photograph, and capture your voice and image in any media at the Event (the “Recordings”). You grant to Amazon an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to retain, use, reproduce, modify, distribute, and translate, for any purpose relating to our business, all or any part of the Recordings and Your Materials, in each case in accordance with the Amazon.com.au Privacy Notice. We, our independent contractors, and our agents may edit the Recordings and Your Materials, and use them alone or together with other information. To the maximum extent permitted by applicable law, you consent to any moral rights you may have in the Recordings and Your Materials passing to Amazon. You represent and warrant that (a) Your Materials are true and accurate to the best of your knowledge, (b) you have the necessary rights and permissions to grant the license in this Section 4.1, and (c) Your Materials do not violate or infringe any copyright, trademark, or other proprietary rights of any person or entity.
For the purposes of this Section 4.1, “Your Materials” means all materials submitted (including, for example, your name and biographical information) or presented by you (in electronic copy, onscreen, during the Event registration process, hard copy, verbally, or otherwise) for the Event.
4.2 Our Materials.
We retain all rights to Our Materials and you may not share or reproduce (including with audio or video
recordings, screenshots, photographs or downloads) without obtaining our prior written consent (save for
instances where we expressly indicate that Our Materials for the Event can be copied or shared).
For the purposes of this section, “Our Materials” means all materials submitted or presented (including, for example, our company details, presentation decks and other collateral) by us (in electronic copy, onscreen, hard copy, verbally, or otherwise) for the Event.
Section 5: Cancellation.
We may cancel the Event at any time for any reason, including but not limited to availability or suitability of venue or speakers or on security, health, or safety grounds, and we may deny, limit, or cancel your Event registration at any time. We will use reasonable endeavours to notify you of any such cancellation. We are not responsible for any damages, direct or indirect, resulting from such cancellation.
If your registration or the Event is cancelled, Section 3, Section 4, Section 6, Section 7, Section 8, and Section 9 will remain in full force and effect.
Section 6: Assumption of Risk.
You acknowledge and agree that your attendance and participation in the Event is voluntary, and you understand the nature of the Event. To the extent permitted by law, you agree that you solely assume the risks associated with attending and participating in the Event.
Section 7: Release of Claims.
To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have, you (for yourself, your heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on your behalf or as a result of your death or injury) hereby release Amazon Australia and its affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors, assigns and licensors, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) (“Claims”) that you may have now or in the future associated in any way with the Event, the Recordings, or Your Materials, except where any such Claim arises from our gross negligence, fraud, criminal conduct or willful misconduct.
Section 8: Limitations of Liability.
8.1 Limitations of Liability.
SUBJECT TO SECTION 8.2 AND TO THE MAXIUMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY NON-EXCLUDABLE RIGHTS AND REMEDIES YOU MAY HAVE, WE AND OUR AFFILIATES, AND RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS AND LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR (B) LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, THAT ARE ASSOCIATED IN ANY WAY WITH THE EVENT, THE RECORIDNGS, OR YOUR MATERIALS. IN ANY CASE, OUR AND OUR AFFILIATES’, AND RESPECTIVE DIRECTORS’, OFFICERS’, EMPLOYEES’, CONTRACTORS’, REPRESENTATIVES’, AGENTS’, SUCCESSORS’, ASSIGNS’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED AUD$100.
8.2 Gross Negligence, Fraud, Criminal Conduct or Willful Misconduct.
THE EXCLUSIONS AND LIMITATIONS IN SECTION 8.1 WILL NOT APPLY WHERE SUCH LIABILITY ARISES FROM OUR GROSS NEGLIGENCE, FRAUD, CRIMINAL CONDUCT OR WILLFUL MISCONDUCT.
Section 9: Miscellaneous.
The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such
provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be
If any portion of these Terms is held to be void or unenforceable, the void or unenforceable portion will be severed from these Terms and the remaining portions of these Terms will remain in full force and effect.
9.3 Force Majeure.
We and our affiliates will not be liable for any delay or failure to perform any obligation under these Terms
where the delay or failure results from any cause beyond our reasonable control, including acts of God,
epidemic or pandemic, labour disputes or other industrial disturbances, electrical or power outages, utilities or
other telecommunication failures, earthquake, storms, or other elements of nature, blockages, embargoes,
riots, acts or orders of government, acts of terrorism, or war.
You will not assign or otherwise transfer these Terms or any of your rights and obligations under these Terms, without our prior written consent. Any assignment or transfer in violation of this Section 9.4 will be void. We may assign these Terms (or any of its rights and obligations under these Terms): (a) to any affiliates; or (b) in connection with any merger, consolidation, reorganization, sale or all or substantially all of its assets or any similar transaction.
9.5 Governing Law.
The laws of New South Wales govern these Terms and any dispute of any sort that might arise between the parties in respect of these Terms. Any dispute relating in any way to these Terms will only be adjudicated in the courts of New South Wales. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to these Terms. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY RIGHTS THAT YOU MAY HAVE TO BRING DISPUTES FOR RESOLUTION BEFORE ANY OTHER COURT, TRIBUNAL OR FORUM. The parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The parties each waive any right to a jury trial.
9.6 Modifications to these Terms.
We may modify these Terms at any time by posting a revised version on the Event website at https://sell.amazon.com.au/events/seller-summit/terms (“Event Site”). The modified terms will become effective upon posting. By attending the Event after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the Event Site regularly for modifications to these Terms.
9.7 Entire Agreement
These Terms and any modifications to these Terms made pursuant to Section 9.6 are the entire agreement between you and us regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms.