Terms and conditions

1. Bar Experience & Behaviour
   1. Lot 20 will provide the Bar Experience on the dates and at the times specified, subject to clause 2.
   2. The parties agree to negotiate reasonably as to the time and place of the Bar Experience, but Lot 20’s existing booking requirements shall take precedence.
   3. The Registrant hereby acknowledges that ownership of all IP Rights and other ownership rights in relation to the Bar Experience and the Materials vests and remains vested in Lot 20 and that the Registrant may not sub-license, copy, use, or otherwise permit any third party to use or have access to the Bar Experience and the Materials or part thereof, without the written consent of Lot 20.
   4. The Registrant hereby agrees to:
      1. behave appropriately during the Bar Experience; and
      2. show an appropriate level of respect to the presenters and fellow Bar Experience attendees,
      3. failing which Lot 20 may exclude the Registrant from the Bar Experience immediately.
2. Alteration and Cancellation
   1. The Bar Experience is intended to run as advertised, but Lot 20 reserves the right to:
      1. alter the Bar Experience programme or presenter(s) at its discretion; and
      2. postpose or cancel a Bar Experience due to insufficient numbers.
   1. Registrants will be notified of any postponement and a credit for the Bar Experience value will be carried forward to another Bar Experience.
   1. Registrants will be entitled to a full refund if a Bar Experience is cancelled by Lot 20.
   1. Cancellations by a Registrant will:
      1. if notified to Lot 20 at least ten (7) Business Days prior to the Bar Experience taking place – result in a full refund, less a $5.00 cancellation fee; and
      2. otherwise, will not result in a refund.
3. Fees & Payment
   1. The Fees shall be paid for in full no less than ten (7) Business Days prior to the Bar Experience taking place, in cleared funds.
   1. Lot 20 reserves the right to increase the Fees from time to time.  The Registrant agrees to pay the then current Fees.
   1. Lot 20 shall provide a valid receipted tax invoice in respect of the Fees upon request.
4. ​Privacy & Confidentiality
   1. The Registrant hereby:
      1. acknowledges that Lot 20 may use photography and filming from its events for future promotional use; and
      2. grants Lot 20 permission to:
         1. photograph and film the Bar Experience and events for future promotional use; and
         2. use the Registrant’s name and organisation (if appropriate).
   1. Subject to the provisions of this clause, the Registrant must:
      1. keep these Terms and all Confidential Information, confidential and secure; and
      2. not use, disclose, or permit the use or disclosure of, these terms or any part of the Confidential Information to any third party, other than for the purpose of properly exercising its rights or discharging its obligations under these terms.
   2. Each party must, upon request of the other party, provide details of the third parties to whom disclosure has been made, and why such disclosure or use was necessary.
   1. The provisions of paragraphs 5.2(a) and (b) do not apply in circumstances where a party discloses the details of these terms or any part of the Confidential Information to comply with any applicable law or legally binding order of any court or governmental agency.  The parties must only disclose the minimum required to comply with the applicable law or order.
   1. The parties’ obligations under this clause will continue until the Confidential Information disclosed to it falls into the public domain other than by that party’s breach of these terms.
   1. Lot 20 collects the personal information contained in the Application pursuant to the provisions of the Privacy Act 1988 (Cth) and the National Privacy Principles. The information is collected by Lot 20 to enable it to deal with the matters the subject of the Application and to provide its services and benefits to its clients. Lot 20 may also use this information to satisfy statutory and regulatory requirements, to perform administrative tasks, and to enable third parties (including data storage providers) to assist Lot 20 in providing its services to its clients.
   1. If the information collected by Lot 20 in the Application is not provided, Lot 20 may not be able to provide its services and benefits as effectively, or at all. Individuals who provide personal information collected by Lot 20 may gain access to that information.
   2. Further details regarding these matters are set out in the Privacy Policy on Lot 20’s website or may be obtained by contacting Lot 20’s privacy officer on the contact details set out in the Application.
5. Warranties, Representations and Limitation of Liability
   1. Lot 20 does not give, and no person purporting to act with the authority of Lot 20 has given, any condition, warranty, or representation whatsoever in favour of the Registrant as to the condition or quality of the Bar Experience.
   1. Lot 20 specifically gives no guarantee that the Registrant will be able to complete the Bar Experience.
   1. Lot 20’s liability to the Registrant is also limited to the value of this contract in relation to compensation paid to the Registrant and Lot 20 will not be liable for, and the Registrant releases and discharges Lot 20 from, any loss or damage whatsoever and whenever caused to the Registrant or its agents or employees, in relation to special, indirect, or consequential damages, loss of profit, goodwill, or revenue, or loss of anticipated saving or loss, whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss, or otherwise, arising directly or indirectly from or incidental to the Bar Experience or any accident to or involving the Bar Experience (whether occasioned by the negligence of Lot 20 or otherwise) or which may otherwise be suffered or sustained as a result of the Bar Experience or as a result of a breach of these terms by it or as a result of a breach of duty of care or negligence arising at law.
6. Termination Provisions
   1. It is an Event of Default if the Registrant breaches any of clauses 1.6, 1.7, 3.1 or 4.
   1. If an Event of Default occurs, Lot 20 may:
      1. terminate forthwith this Agreement and/or the Licence and/or the Bar Experience;
      2. retain all Fees and other moneys previously paid by the Registrant to Lot 20; and
   2. sue for any loss of profits and consequential damage it has suffered as a consequence of the Event of Default.
      1. Upon termination, the Registrant shall forthwith discharge any outstanding Fees and return all Materials.
   1. The Registrant shall reimburse Lot 20 for all reasonable fees and expenses incurred by Lot 20 in connection with the recovery of overdue accounts and/or the collection of the Materials and/or an Event of Default, including legal fees on a solicitor and client basis.
7. Force Majeure
   1. No failure or omission by the parties to perform any of their obligations under this Agreement, except a failure to pay money will be a breach of this Agreement or will create any liability, if such failure or omission arises from any cause or causes beyond the control of the relevant party, including but not limited to effects of a pandemic, quarantine or other restrictions, acts of god, fire, storm, lightning, flood, earthquake, acts of the public enemy, war, rebellion, insurrection, riot, invasion, strikes and lockouts.
   1. A party seeking to rely upon clause 8.1 must promptly advise the other party by notice in writing of the details of the relevant event.
8. Miscellaneous Provisions
   1. Any notice required to be served on either of the parties may be served personally or be left at or sent by letter or e-mail addressed to the other party at the party’s address or e-mail address specified on the Application.  If posted, the notice shall be deemed to be served two (2) Business Days after posting.  Notices sent by e-mail shall be deemed to be duly given within one (1) Business Day of receipt by the sender of a transmission control report from the dispatching machine indicating successful transmission.
   1. If any part of these terms is or becomes void and unenforceable, then that part is or will be severed from these terms and the remainder shall not be affected.
   1. The Bar Experience, the Licence, and these terms shall be governed by the laws of Western Australia and the parties submit to the exclusive jurisdiction of the Courts of Western Australia.
9. Definitions
   1. In these terms, the following words shall have the following meanings:
      Bar Experience means the Lot 20 event known as Mai Tai Guess the Cocktail or any other Cocktail experience at Lot 20.
      Lot 20 Hand Made Hospitality Pty Ltd (ACN 158 871 240) as Trustee for The Handmade Hospitality Unit Trust ABN 72 411 391 016 Trading Name Lot 20, c/- PO Box 14, Mt Hawthorn, Western Australia 6915.
      Business Day means a day which Lot 20 trades.
      Confidential Information includes, but is not limited to:
      1. any commercially valuable information; and
      2. any information which either party identifies as confidential, but excludes information which:
      3. is already in the public domain;
      4. subsequently is in the public domain other than as a result of an unauthorised disclosure by the receiving party or its representatives; or
      5. is or becomes available to the receiving party from a third party who is legally entitled to possess and provide the information to the receiving party without a confidentiality restriction.
   2. Fees means the fees payable to Lot 20 for attendance on the Bar Experience and any other fees charged by Lot 20 pursuant to these terms, quoted in Australian Dollars and inclusive of GST and other taxes.
      Licence means the licence granted to the Registrant pursuant to clauses 1.4 and 1.5 of these terms and Conditions.
      Materials means all materials provided to the Registrant by Lot 20 for the purpose of the Bar Experience.
      Registrant means the person registering for the Bar Experience on the Application.