Terms & Conditions
Black Book Management® Terms and Conditions
These terms and conditions (Terms) govern Black Book Management® (BBM) and related businesses and entities, including Black Book Legal, Black Book Concierge, Black Book Luxe and Black Book Digital.
You acknowledge that You have read and agree to be bound by these Terms upon:
(1) submitting Your registration, application, request, interest, question or query to BBM (whether hardcopy or electronic) (Registration or Register);
(2) enquiring about, requesting or receiving any products or services (Products/Services); or
(3) attending anevent, whether arranged by BBM or a third party (Event).
1.1 Your Registration is subject to acceptance by BBM, in its absolute discretion, after BBM has received Your fully completed Registration, and where applicable, any fees, charges, taxes, outgoings or expenses (where applicable) related to your Registration (Fee).
1.2 If BBM has invited You in Writing to Register or apply for, request or receive any Products/Services, or attend an Event and/or pay any Fee, You must provide Your confirmation of such in writing to BBM and make payment of the Fee within the time specified (if any).
1.3 BBM reserves the right to cancel, postpone, withdraw or rescind anyoffer, invitation, Registration, Product/Service or Event at any time for any reason whatsoever without notice, as well as change any Fee at any time.
2. Cancellation of Registration / attendance
2.1 Notification of cancellation of Your Registration or attendance at an Event must be made in writing, including via email (Notification) and sent to BBM with receipt acknowledged of the Notification in writing by BBM, in the case of an Event, 48 hours prior. The Notification must include all relevant details (as applicable) and comply with any other applicable requirements of BBM for cancellation, as amended from time to time.
2.2 No refunds will be made for cancellations received within 48 hours of an Event. Amounts cannot be credited or otherwise applied towards future Events.
2.3 If you wish to request approval to send a substitute to an Event, you must make such a request to BBM in writing at least 5 working days prior to the Event. A substitution may be subject to approval by BBM and may also be subject to additional fees, including, but not limited to, changes to the Fee, and a request for substitution may be declined by BBM in its absolute discretion.
3. Modification / Postponement / Cancellation of an Event
3.1 BBM reserves the right at any time to:
3.1.1 change the details of an Event including its format, participants, content, location and timing or any other aspect of the Event;
3.1.2 postpone the Event or any part of the Event;
3.1.3 cancel the Event or any part of the Event, and will not be liable to You for any damages, costs, losses or expenses of any kind incurred or suffered by You as a result of or in relation to BBM modifying, postponing or cancelling the Event or any part of the Event; or
3.1.4 make changes to any booking or service at the discretion of BBM. If the Event is cancelled or postponed by BBM:
3.2.1 for reasons that are beyond its reasonable control, BBM may retain the Fee and will not be required to make any refund of the Fee; or
3.2.2 for reasons other than as set out in Clause 3.2.1, BBM will refund the Fee minus any reasonable administration costs (as determined by BBM in its absolute discretion).
3.3 Upon booking, you agree to BBM / Black Book Concierge full terms and conditions at that time. All services booked are subject to change at any time by BBM depending on suitability, availability, weather and any other restrictions or factors, as determined by BBM and will be notified accordingly.
4. Rights and obligations at an Event
4.1 BBM reserves the right, without any liability, to refuse Registration, admission to an Event or to provide you with Products/Services or to eject You from an Event, in its absolute discretion, including, but not limited to, for failure to comply with these Terms or if in the opinion of BBM You represent a security risk, nuisance or annoyance to the running of the Event or may otherwise discredit or bring BBM into disrepute.
4.2 You agree to comply with all reasonable instructions issued by BBM, its affiliates, third party contractorsand the venue operators at the Event.
4.3 All unauthorised photography and the recording or transmitting of audio or visual material, data or information is expressly prohibited at an Event and/or in or at the venue unless expressly indicated otherwise in writing.
4.4 You acknowledge that You may be filmed, sound recorded and/or photographed by BBM, media or any other party at the Event and BBM may use or approve the use of a film, sound recording and/or photograph which depicts or includes You for any purpose and in any way whatsoever.
5. Limitations of Liability and Indemnity
5.1 If implied terms of the Competition and Consumer Act 2010 (Cth), the Fair Trading Act 1986(NZ) or other laws (Implied Terms) apply, to the extent permitted by law, BBM’s liability and Your sole remedy will be limited to the refund of any Fee paid to BBM. Subject to any Implied Terms, all guarantees, representations, conditions and warranties of any nature are expressly excluded.
5.2 To the maximum extent permitted by law, BBM, its employees, agents and contractors will not be liable for personal injury or death, property damage, or any other loss (including, but not limited to, liability for negligence, breach of these Terms or any other agreement), damage, cost or expense (including, without limitation, loss of profits, business reputation, loss of information, indirect, special, punitive or consequential loss or damage) that You may incur or suffer arising out of or in connection with any Registration, Eventand/or Product/Service.
BBM will not be liable for any direct, indirect, consequential or special losses, expenses or damages related to or in any way connected to any travel, experience or activity.
5.3 All clients booking travel, an experience or an activity must have their own current travel insurance that covers all guests and activities that may be undertaken.
5.4 You agree to fully indemnify and hold BBM, its employees, agents, contractors and sub-contractors (Representatives) harmless from any claim, cost, demand, liability or damage (including legal costs, professional costs and other expenses on a full indemnity basis) incurred by BBM and/or its Representatives arising out of or in connection with any Registration, Event or Product/Service, including, but not limited to: (1) a breach of these Terms; (2) Your use of an Event venue or attendance at an Event; (3) any damage by your act or omission or any goods located at a venue; or (4) the infringement of any intellectual property or other right of any third party.
6.1 BBM may amend these Terms from time to time and You will be subject to the Terms in force at the time you Register, attend an Event or request, enquire or receive a Product/Service from BBM or on behalf of BBM, and in the case where more than one applies, whichever occurs later.
6.2 If a court determines that any provision of these Terms is invalid or not enforceable, that provision shall be read down or severed to the extent of the invalidity or unenforceability only, without affecting the remaining provisions of these Terms.
6.3 These Terms are governed by and are to be construed in accordance with the laws of NSW, Australia. Each party submits to the non-exclusive jurisdiction of the courts in this country or state (as applicable).