Sponsorship and exhibition terms and conditions

1.   Acceptance

These terms and conditions (Terms) govern the Sponsors and Exhibitors (Sponsor):

a)    exhibition at or sponsorship of the Meeting as specified in the Application Form;

b)   sponsor and exhibitor rights granted to the Sponsor or Exhibitor by RANZCOG with respect to the Meeting;

c)    the advertising by the Sponsor of the Meeting (whether hardcopy, electronic, online or otherwise);

d)   advertising rights granted to the Sponsor by RANZCOG at the Meeting.

2.   Application Options

RANZCOG reserves the right to decline any Sponsor application to participate in the Meeting and/or exhibition at the Meeting.

3.   Attendance & Participation

Sponsorship of and/or exhibition at the Meeting is subject to the RANZCOG application acceptance, confirmation of registration and full payment of the package fees by the due date.

RANZCOG reserves the right to change the date or dates upon which the Meeting is to be held and shall not be liable for damages or otherwise by reason of any such change.

If the Meeting dates are varied due to circumstances outside RANZCOG’s control, sponsorship or exhibition packages will be transferred to the new date(s) and you will be duly notified. All Meeting sessions are recorded.

4.   Fees & Payment

In consideration of the Sponsorship Rights and the Exhibition Rights (if any), the Sponsor must pay to RANZCOG the fee (Fee) specified in and in accordance with the ASM Sponsorship and Exhibition Prospectus.

Unless otherwise expressly stated in the Application Form, the Fee is payable in full within 14 days of the date on the RANZCOG issued tax invoice.

In the event that the Sponsor does not pay the Fee or any other amount specified in the Application or under these Terms to RANZCOG within the specified timeframe (Due Date), the sponsorship and/or exhibition booking may be cancelled by RANZCOG.

Sponsors will not be listed as an official partner until full payment is received and receipted by RANZCOG.

All prices are in NZ dollars and include GST. RANZCOG will not be liable to compensate for exchange rate fluctuations.

Payment options are as per the RANZCOG issued invoice.

5.   Modification & Cancellation

Sponsor requests for modifications or cancellations of packages must be in writing to the Royal Australian and New Zealand College of Obstetricians and Gynaecologists via email to event@ranzcog.org.nz .

Acceptance of a request to modify or cancel a sponsorship or exhibition package will not be deemed to have occurred until written acknowledgement has been issued by RANZCOG.

Where payment is outstanding at time of cancellation, the Sponsor is liable for the balance as per the cancellation policy.

Where a cancellation has been accepted by RANZCOG, refunds will be processed within 10 business days.

All bank charges, including senders and receiver’s charges, resulting from a refund related to cancellation of sponsorship/exhibition items will be passed on to the Sponsor. Credit card surcharges will not be refunded under any circumstances.

6.   Sponsor Rights & Obligations

Unless otherwise expressly stated, the Sponsor will not be the exclusive Sponsor (of their industry or otherwise) at the Meeting. Notwithstanding any provision of these Terms, any and all Sponsorship Rights and Exhibition Rights granted to the Sponsor are granted on a non-exclusive basis.

The Sponsor will comply with any conditions, rules, regulations and standards as well as any procedure provided by RANZCOG and any reasonable direction of RANZCOG in relation to the Meeting and the venue.

7.   Meeting Content

RANZCOG reserves the right to alter any aspect of the Meeting program and/or exhibition without notice. Refer to the ASM website for the latest information.

RANZCOG will take care to fulfil the Meeting commitments as outlined in the Sponsorship and Exhibition Prospectus.

Sponsors are responsible for providing the information and/or artwork required by RANZCOG within two weeks of acceptance of sponsorship and no later than 28 April 2023.

RANZCOG reserves the right to introduce additional exhibition spaces.

8.   Trade Exhibition

All trade staff must register in advance and attendance in the exhibition will not occur unless the representative is registered.

No Sponsor shall sublet, share, assign or apportion part or all of their booked space except where written consent from RANZCOG has been obtained in advance.

9.   Code of Conduct & Values

a)    The Sponsor warrants that

      i.        They will behave in a professional and appropriate manner consistent with the RANZCOG Code of Conduct and RANZCOG Values; and

     ii.        They will conduct their business in a professional and ethical manner.

    iii.        RANZCOG reserves the right to immediately terminate the Sponsorship/Exhibition packages where a breaches of clause 9.1 have occurred, without being liable to pay compensation to the Sponsor.

10. Compliance

RANZCOG will only accept sponsorship and exhibition from organisations that abide by the RANZCOG Advertising and Sponsorship Policy, their relevant industry code of conduct, in particular the Medicines Australia Code of Conduct, and all applicable laws.

By submitting a Sponsor Application Form, the Sponsor warrants that they:

a)     comply with the RANZCOG Advertising and Sponsorship Policy, applicable laws and all provisions of the relevant code(s) of conduct or similar; 

and

b)     will ensure that they continue to be compliant with clause 10.1 and clause 10.2(a) for the duration of the sponsorship/exhibition period.

Compliance with clause 10.1 and clause 10.2 must be demonstrated on request. RANZCOG reserves the right to decline a Sponsors application for any reason.

In the event of Sponsor non-compliance or insufficient evidence of the ability to ensure ongoing compliance, RANZCOG reserves the right to suspend or terminate sponsorship and/or exhibition arrangements, without being liable to pay compensation to the Sponsor.

11.    Meeting Delayed or Cancelled

In the event that the Meeting is cancelled or delayed through no fault of RANZCOG, including but not limited to the actions of a venue or fire, flood, labour disputes, natural disasters, civil disorders, riots, insurrections, work stoppages, slowdowns or disputes, pandemic, or other similar or dissimilar from the causes enumerated herein then the Sponsor will not be entitled to any refund or to a claim for any loss of damage.

In the event that the exhibition space to be used by the Sponsor should be in any way rendered unusable, this contract shall not be binding.

12. Meeting Access and Security

Sponsors are responsible for the personal safety of their representatives.

RANZCOG provides no warranties about the quality of connection or audio/visual Meetings.  Sponsors are responsible for ensuring access to the Meeting. By submitting a Sponsorship or Exhibition Application Form, the Sponsor declares that they will comply with RANZCOG’s policies and requirements relating to data security and privacy.

All the equipment used at the ASM venue exhibitors must be tag tested before bringing to the venue.

13. Copyright & Intellectual Property

The Sponsor warrants that:

all advertising and promotional material produced, published, broadcast, displayed or exhibited by the Sponsor (Promotional Material) with respect to the Meeting must be truthful, accurate and proprietary to the Sponsor or the Sponsor otherwise has the right to use the Promotional Material; and

the Promotional Material will not breach any regulations, laws or the intellectual property of any third party.

RANZCOG’s intellectual property will remain the property of RANZCOG and the Sponsor acknowledges that nothing in the Terms will be construed as transferring title in or ownership of any RANZCOG’s intellectual property to the Sponsor.

Nothing in the Terms entitles the Sponsor to display, use, publish or otherwise refer to RANZCOG’s intellectual property (including its name, logo or Trade Mark) otherwise than strictly in accordance with these Terms.

Any proposed use of RANZCOG’s Intellectual Property (including its name, logo or any Trade Mark) by the Sponsor must be first approved by RANZCOG in writing and in the event that RANZCOG provides its consent, the Sponsor agrees that it will adhere to RANZCOG brand guidelines.

The Sponsor must stop using or otherwise referring to RANZCOG Intellectual Property (including its name, logo or Trade Marks) on expiration or termination of these Terms.

14. Consent & Confidentiality

The Sponsor will not disclose RANZCOG’s confidential information without prior written consent.

RANZCOG may collect Sponsor personal information for the administration of the Meeting, for security, legal, future marketing, and promotional purposes; in accordance with its privacy policy and collection of data policy.

No disclosure of Confidential Information

A Sponsor may not, either prior to, during or after the Meeting, use or disclose, or cause or permit to be used or disclosed, any confidential information (or allow or assist or make it possible for any person to observe or have access to any such confidential information) of RANZCOG, except in performing its obligations under the Terms and then only with the prior written consent of RANZCOG.

Return and destruction of Confidential Information

The Sponsor must, immediately on demand by the RANZCOG:

a)    return to the RANZCOG anything containing or relating in any way to the confidential information;

b)   permanently delete all confidential information from every computer disk or electronic storage facility of any type owned or used by the Sponsor, except that the Sponsor may retain one copy for its own audit records; and

c)    despite anything else in the Terms, cease to make use of the confidential information, and must confirm promptly with the RANZCOG when it has done so.

Exceptions

Clauses “No disclosure of Confidential Information” and “Return and destruction of Confidential Information” do not apply to the following:

a)    Information after it becomes generally available to the public other than because of:

        i.    a breach of these Terms; or

       ii.    any other misuse or unauthorised disclosure by the Sponsor of any confidential information.

b)   The disclosure of information in order to comply with any applicable law or legally binding order of any court, government, semi-government authority or administrative or judicial body or the applicable rules of any stock exchange.

c)    The use, copying, reproduction, recording or disclosure of information after the Sponsor receives it from a third person legally entitled to possess the information and to provide it to the Sponsor, if that use, copying, reproduction, recording or disclosure accords with the rights or permission lawfully granted to the Sponsor by that third person.

The parties will comply with the New Zealand privacy laws.

15.  Liability & Indemnity

The Sponsor will indemnify and release RANZCOG from and against all claims, actions, losses (including indirect and consequential losses), liability, damage or expenses incurred or sustained by RANZCOG (including based on any liability to or claims of any third party) arising out of or in connection with:

a)   the Advertising Rights;

b)   the Sponsorship Rights and or Exhibition Rights;

c)   Sponsor’s sponsorship of the Meeting;

d)   the Sponsor’s and its representatives’ attendance at the Meeting;

e)   any breach of the Sponsor’s obligations under, or any warranty given by the Sponsor in, these Terms;

f)    any damage to property;

g)   any personal injury or death; or

h)   any infringement of third-party rights in intellectual property by the Sponsor.

Notwithstanding any provision of these terms, RANZCOG will not be liable for any loss of profits, business interruption, loss of information, indirect, special, punitive or consequential loss or damage.

16.  Termination

RANZCOG may terminate sponsorship or exhibition agreement at any time and without cause by giving the Sponsor seven (7) days written notice.

Termination for cause

a)    Failure by either party to comply with any term or condition under these Terms will entitle the other party to give the defaulting party written notice requiring it to cure the default. If the party in default has not cured, or commenced to cure (if a cure cannot be performed within the time period set forth below), the default within 10 business days after receipt of written notice, the notifying party will be entitled, in addition to any other rights it may have under these terms or otherwise at law or in equity, to immediately terminate the Sponsorship or Exhibition.

b)   Notwithstanding any other provision contained in these Terms, RANZCOG may, with written notice to the Sponsor, immediately terminate this Agreement in the event that RANZCOG determines that the Sponsor is guilty of conduct tending to bring themselves or RANZCOG or its members into disrepute.

Clauses 4, 13, 14, 15 and 17 of these Terms and this clause 16 will continue to apply after termination or expiration of these Terms

17.   In General

To the extent permitted by law, any statutory or other warranty, condition, description, or recourse, express or implied as to the Meeting is expressly excluded by RANZCOG.

RANZCOG reserves the right to amend these Terms from time to time and the Sponsor will be subject to the Terms in force at the time the Sponsor signs the form.

The Sponsor may not assign any of its rights or obligations under this Agreement.

In the event any provision of this Terms is held to be invalid or unenforceable for any reason, such invalidity or unenforceability will attach only to such provision and will not affect or render invalid or unenforceable any other provision of the Sponsorship or Exhibition.

This Agreement shall be construed in accordance with and governed by the laws of Aotearoa New Zealand.

18.   Further Information

19.  Definitions

In these Terms and Conditions:

Confidential Information means any information that relates to the RANZCOG, its business and its members; which the Sponsor ought to know is confidential; or information which is identified as confidential.

Agreement

Information means any information, document, recommendation, opinion, statement or otherwise published, commented, posted, or otherwise made available in the Meeting.

Intellectual Property means information, trademarks, patents, designs, circuit layouts, copyrights, know-how and all other rights.

Personal Information means personal, sensitive or health information of or about an individual within the meaning of Privacy Act.

Meeting means any event, course, workshop, conference, meeting, presentation, publication, exhibition or information session conducted as part of the RANZCOG Annual Scientific Meeting.

We look forward to seeing you again this year. Keep up to date with the information from our ASM website at https://www.nzasm.org.nz/

RANZCOG Aotearoa New Zealand team