ACCEPTANCE OF TERMS
You agree that in registering (or booking) an individual (Attendee) to attend an event (Event) (in person, online, via mobile application, by phone, email or other means) with MSTREAM Community Pty Ltd (ABN 71 070 145 247) or MSTREAM Community UK Ltd (CRN: 16144980) (we, us or our): (a) you are acting on behalf of your employer organisation (Organisation) which employs the Attendee and are duly authorised by the Organisation to do so, and you have the required legal capacity; and (b) you have carefully reviewed and accepted, on behalf of the Organisation and the Organisation is legally bound (in contractual relationship with us) by, these terms and conditions (Terms) which govern that registration and attendance.
Attendees must comply with Terms
The Organisation undertakes to ensure that Attendees are made aware of, accept, and comply with Terms that relate to them with respect to Events they are registered to attend.
Collection Notice
(a) We collect personal information about the Organisation and Attendees in order to organise and run Events, to contact and communicate with Organisations, to respond to enquiries and for other purposes set out in our Privacy Policy. Where the event is held in Australia or for Australian residents, personal data is governed by the Australian Privacy Act 1988 and the Australian Privacy Principles (APPs). Where the Event is held in the United Kingdom or the Attendee is based in the United Kingdom, personal data is collected and processed in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
(b) The Organisation and Attendees understand and agree that by having their personal information in our mobile application (event app) or by having an Attendee’s badge scanned by delegate scanning software by other attendees, the Organisation and Attendees consent to personal information being shared – according to their privacy settings – with these attendees. Where are attendees badge is scanned by an exhibitor or sponsor, they are providing the exhibitor or sponsor with their personal information (as per the selected privacy settings) and in doing so, agree to the exhibitor or sponsor contacting them in the future about their products or services. Attendees understand that they can opt-out of this contact at any time by contacting the exhibitor or sponsor. In the case of virtual events, the attendees personal information (according to their privacy settings) may be shared with other attendees including connections made in the Networking Hub; speakers and partners through joining of sessions; the downloading of materials; or visiting the Solutions Showcase.
(c) We may disclose your personal information referenced above to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia. Where we disclose personal information to third parties or transfer personal data outside the United Kingdom, we will ensure that appropriate safeguards are in place, including Standard Contractual Clauses where required by law.
(d) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy. Our Privacy Policy explains how you can exercise your rights under the UK GDPR, including the right to access, correct, or delete your data, and how to make a complaint to the UK Information Commissioner’s Office (ICO).
Event recording:
We have the right to document the Event including by capturing Attendees via photo, audio or video and to edit and use the photos and footage we capture for marketing and promotional activities and for any other lawful purpose in the ordinary course of our business. We are not liable to pay any remuneration (in the form of residuals, royalties or otherwise) in respect of our capture or use of Attendees image/likeness at Events. The Organisation and Attendees release, discharge, indemnify and hold harmless us and our employees, contractors and agents from any and all claims, demands or causes of actions that the Organisation or Attendees may have by reason of anything contained in such photographs, video or other material.
Attendees must not use multimedia including photography, video, audio, online streaming or any other form of multimedia at Events including at Event sessions, speaker presentations, on the tradeshow floor and other areas designated as restricted. The Organisation and Attendees understand and agree that due to the prevalence of mobile recording devices, we cannot be held responsible if an Attendee’s image is captured in a multimedia format by other attendees.
Program:
We may in our entire discretion amend our published Event program (Program). This includes the right to make changes to the speaker line-up, content, format and or delivery of the Program. The Organisation (and Attendee) is not entitled to any refund, credit, or the like as a consequence of us making changes to the Program.
Events conducted via Live Streaming
The Organisation and Attendees must use their best efforts to ensure that Attendees are able to access live Event broadcasts. We are not able to offer technical support for access, IT or related technical issues Attendees may experience with respect to an Event and, due to the inherent challenges of live streaming an Event, we are not responsible for (and cannot be held liable for) any such issues.
A single Event registration is for one Attendee. An Event access code will allow the Attendee to log on to the live event from two devices. [An individual ticket will also provides individual access to the recording of an Event.] The Organisation must ensure that Attendees do not to share Event access codes or otherwise permit others to view a live Event broadcast or any recording of the Event.
Event material and speaker conduct and views
The Organisation and Attendees agree that any Event material or content that Attendees receive or access at any time may only be used for the Attendee’s personal training and education and no other purpose and must not be distributed to or shared with other persons. We are not liable for the information provided in Event materials. We do not accept any responsibility for a speaker’s conduct, views or opinions at an Event. Event speakers are responsible for their own conduct at Events and their views and opinions do not reflect our views and opinions.
Attendee behaviour
We reserve the right to prohibit entry to, or remove any any person from, an Event based on behaviour that our staff, contractors, agents and/or others working under our authority consider inappropriate. Attendees must abide by all rules, regulations and the like that apply with respect to an Event (including those of the Event venue) and the Organisation undertakes to ensure such compliance. Attendees must comply with all reasonable safety and other announcements and/or directions concerning Attendee conduct made or given during an Event and the Organisation undertakes to ensure such compliance.
Overseas Attendees
Attendees travelling from outside the country where the Event is being held are responsible for arranging their own visas and travel documents. The Organisation is not entitled to a refund of any amount paid if an Attendee is unable to attend due to visa or travel issues.
Confidential information
The Organisation is responsible for ensuring that Attendees do not disclose confidential or commercially sensitive information to others at Events or while participating in discussions or forums with other Event attendees (especially within the same industry).
Event registration fees and payment in advance
The Organisation must pay the Event registration fee plus applicable GST (for Australia) or VAT (for United Kingdom events) and any other sales tax, levy or duty applicable in the relevant jurisdiction for an Attendee specified in our invoice by the prescribed method in advance of the Event. If our invoice is not paid in full before the Event the Attendee will not be allowed entry or access to the Event. The Organisation is responsible for any taxes, levies or duties imposed by taxing authorities in a foreign country with respect to an Event (and we have no liability for any such amount).
No refunds
Amounts (including Event registration fees) that the Organisation pays for an Attendee to attend an Event are not refundable.
Cancellation
Once the Organisation has registered an Attendee to attend an Event: (a) the Organisation is liable to pay us the registration fees due in respect of that registration as specified in our applicable invoice; and (b) the registration cannot be cancelled or otherwise changed (but the Organisation may be entitled to a credit as provided below).
Credits
Where the Organisation requests us to cancel a registration for an Attendee for which it has paid in full, the Organisation will be entitled to a credit [which may be applied (in part) against a payment due by the Organisation for a subsequent Event] as follows: (a) where the cancellation request is made (and received by us) in writing more than 14 days before the Event date, the Organisation will be entitled to a credit equal to 85% of the registration fee; (b) where cancellation request is made (and received by us) in writing 14 days or less than 14 days before the Event date (but not after that time), the Organisation will be entitled to a credit equal to 75% of the registration fee. A credit note is not transferrable and expires on the first anniversary of the date on which the credit note is issued.
Postponement of Event
We may in our discretion postpone an Event subject to the provisions under this header.
If we decide to postpone an Event: (a) we will use reasonable efforts to reschedule the Event within 9 calendar months; (b) we will notify the Organisation by email of the rescheduled Event date at least 12 weeks notice before that date; and (c) if we do not reschedule the Event within 9 months of the original date, we will provide the Organisation with a full refund of the registration fees paid by it for Attendees in respect of the original Event.
Cancellation by us
We may in our entire discretion at any time cancel the Event in its entirety. In that case our sole responsibility to the Organisation (and Attendees) is to provide the Organisation with a refund of any Event registration fees that it has already paid for that Event.
Attendee substitutions
An Event registration for one Attendee may only be used by one person and may not be shared. The Organisation may substitute a person registered as an Attendee at an Event with another person who is an employee of that Organisation by way of written notification to us prior to the Event.
Force Majeure
We shall not be held liable for any changes, cancellations, or postponements of MAINSTREAM due to unforeseen circumstances beyond their control, including but not limited to natural disasters, strikes, or public health emergencies
Organisation’s indemnity and limitations on our liability
Despite anything to the contrary in these Terms and to the maximum extent permitted by law the Organisation indemnifies and holds us harmless against any liability, loss, cost or damage we may suffer or incur in connection with any claim arising out of or relating to the Organisation’s use of our services, any breach of these Terms, the Attendee’s attendance at the Event or any failure by the Organisation or Attendee to comply with applicable laws or regulations unless the liability, loss, cost or damage is caused by our wilful default, gross negligence or breach of these Terms. For the avoidance of doubt, we may at any time in our absolute discretion and without giving any reason, cancel or postpone the Event, change its venue, alter the format or delivery of the Event or withdraw any invitation to attend without any liability on our part to the Organisation or its Attendee.
Notwithstanding anything to the contrary in these Terms or otherwise and to the extent permitted by law: (a) we are not liable to the Organisation or Attendees for any claim arising from or in connection with an Event for indirect damages, consequential loss, economic loss, loss of profits or punitive damages, howsoever arising; and (b) our aggregate maximum liability to the Organisation and Attendees for all causes of action, claims, proceedings and demands of whatever nature and howsoever arising from or in connection with an Event is limited to AUD$20,000.
Australian Consumer Law
Nothing in these Terms attempts to exclude, restrict or modify your statutory rights as a consumer under any consumer protection laws and regulations which may confer you with rights relating to the provision of our services. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
UK Consumer Rights
Nothing in these Terms attempts to exclude, restrict or modify your statutory rights under the UK Consumer Rights Act 2015 and other applicable UK consumer legislation. These Terms will be interpreted and applied in accordance with any mandatory consumer protection laws in force in the United Kingdom where the Event is held.
Severance
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
Governing Law and jurisdiction
For events helds in Australia: These Terms are governed by the laws of New South Wales, Australia. MSTREAM Community Pty Ltd, the Organisation and applicable Attendees submit to the exclusive jurisdiction of the courts of New South Wales, Australia with respect to any matter arising under or related to these Terms.
For events held in the UK: These Terms are governed by the laws of England and Wales with respect to any matter arising under or related to these Terms. MSTREAM COMMUNITY UK LTD, the Organisation and applicable Attendees submit to the exclusive jurisdiction of the courts of England and Wales.
Updated 29.04.2025