Terms and Conditions
These terms and conditions were last updated on 30 June 2009.
Important note: You will receive CAS reports as long as you comply with the requirements of clauses 4.1 to 4.3 of these terms and conditions
The CAS is a research programme that monitors and benchmarks the performance of professional conferencing and meeting venues in New Zealand. It focuses primarily on event and delegate activity associated with MICE events (meetings, incentives, conferences, exhibitions) and special occasions.The CAS is funded and owned by the Ministry of Tourism, Conventions & Incentives New Zealand (CINZ) and the participating Regional Convention Bureaus.
Venues that participate in the CAS submit monthly performance-related data through a secure website and receive information that allows them to benchmark their performance against the wider market.
1) Acceptance of terms and conditions: These terms and conditions are the terms on which we offer you access to the Website and the Service. By registering as a member of the CAS you accept these terms and conditions. If you do not accept these terms and conditions, you cannot use the Website and the Service.
2) Amendment of terms and conditions: We may amend these terms and conditions in whole or in part at any time. Amendments will be effective immediately upon posting on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Website and the Service represents your agreement to be bound by the terms and conditions as amended.
3) Defined terms: In these terms and conditions:
‘Venue’ means an organisation that provides convention facilities on a commercial basis.
‘Funding Parties’ means the parties that pay for the CAS. The funding parties for the period 1 July 2009 – 30 June 2012 are the Ministry of Tourism, Conventions & Incentives New Zealand (CINZ) and the participating Regional Convention Bureaus.
‘Provider’ means the organisation that manages the CAS on behalf of the Funding Parties. The Provider for the period 1 July 2009 – 30 June 2012 is Covec Limited.
‘Monthly Market Share Report’ means a report published monthly that benchmarks the performance of your Venue against the collective performance of the other Venues in you region.
‘Quarterly Market Update’ means a report published each quarter that describes the regional and national trends in the MICE market.
‘Observer’ means the Funding Parties and any other parties nominated by the Funding Parties to receive access to Quarterly Market Updates.
‘Closing Date’ means the date by which a Venue’s monthly data must be submitted in order to be eligible to receive the Market Share Report for that month.
‘Service’ means the provision of regular CAS Reports and access to the Website.
‘we’, ‘us’ and ‘our’ refer to the Provider, which is Covec Limited until 30 June 2012.
‘Website’ means the website through which the Service is offered.
‘you’ and ‘your’ refer to you, the organisation using the Website and the Service.
4) Membership requirements: In order to become a member of the CAS and gain access to the Service you must comply with the following requirements:
4.1 Eligibility: You must be eligible to register as either a Venue or an Observer. Membership is restricted to:
(a) Venues that are located in a region that provides funding for the CAS
(b) The Funding Parties and any other parties that are nominated by the Funding Parties to receive access to Quarterly Market Updates.
4.2 Registration: Enter into the Website the required information (as requested on the Website) identifying yourself and describing your organisation, including selection of a user name and password.
4.3 Regular data entry (applies to Venues only): Enter into the Website the required data relating to your business (as requested on the Website) for each month. You must enter your data into the Website prior to the Closing Date for each month. The Closing Date will be set by the Provider each month and may be extended if the response rate is not high enough to provide accurate information.
5) Reporting: The following reports will be made available to members subject to the conditions outlined below:
5.1 Monthly Market Share Report (applies to Venues only): Provided that you comply with all of the steps in 4.1 to 4.3, we will provide you with a Monthly Market Share Report for every month for which you have provided data. Your timely provision of business data (as required by clause 4.3) is a pre-condition to your receipt of a Monthly Market Share Report.
5.2 Quarterly Market Update: Registered Venues and Observers will receive unrestricted access to Quarterly Market Share reports through the Website.
6) Your obligations: In addition to the membership requirements set out in section 4, you agree to the following:
6.1 Accurate information
6.1.1 Registration information: You warrant that you have provided complete and accurate information when registering as a member. Should a change occur such that the information you provided on registration becomes obsolete, you agree to update the information as soon as is reasonably practicable. In any event, every time you submit data you will be required to confirm that all of your profile information is accurate (after being given the opportunity to edit the information).
6.1.2 Ongoing data submittals (applies to Venues only): You agree to provide complete, accurate and timely information at all times when submitting data to us. If it comes to your attention that the data you have provided contains a material inaccuracy, you agree to (a) notify us and (b) correct the inaccuracy, as soon as is reasonably practicable.
6.1.3 Indemnity (applies to Venues only): You agree to indemnify us against any loss, claim, cost or liability arising in connection with the provision by you of inaccurate data, disclosure of information that is confidential information or the intellectual property of any third party, or your failure to promptly update information that has become obsolete.
6.2 No damage to Website: You must not damage, interfere with or harm the Website or Service, or any network, or system underlying or connected to them, or attempt to do so.
6.3 Your membership: You are responsible for any actions taken through your membership (user name and password).
7) Privacy
7.1 Third parties: The information provided by you will not be shared with third parties except in the following circumstances:
(a) In order to satisfy the contractual agreement between Covec Limited and the Ministry of Tourism to submit the unit records to the Ministry of Tourism on an annual basis.
(b) In order to enable us to provide the Service described herein and any other services provided by us as described on the Website. In providing such services, however, we will not disclose information that personally identifies you or your business;
(c ) When we believe release is appropriate to comply with law, facilitate court proceedings, enforce or apply our terms and conditions, or protect the rights, property, or safety of us, our members, our users, or others;
(d) When a New Provider for the CAS is appointed. In this case Covec Limited has the right to provide your registration details and all of the data relating to your Venue or Organisation to the New Provider; and
(e) In any other circumstances where the information you have provided to us is aggregated so that it does not identify you.
8) Advertising and communications: The Website may display advertisements from time to time. We may also send you communications from time to time in order to facilitate provision of the Service.
9) System integrity: We will use all reasonable efforts to ensure the continuous availability of the Website and the Service, subject to any downtime required for maintenance. However, we take no responsibility for any system unavailability, or for any loss that is incurred as a result of the Website or Service being unavailable. Further, we assume no responsibility for the corruption of any data or information held by us.
10) No liability: To the maximum extent permitted by law, we shall not be liable to you or any third party for any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of the Service or the Website or in respect of a failure or omission on our part to comply with our obligations under these terms and conditions. For the avoidance of doubt, the loss or damage referred to in this clause 10 includes any loss or damage arising in connection with:
(a) acts or omissions of third parties (including members), including the provision of inaccurate or incomplete information or the failure to provide timely information; and
(b) corruption or loss of data as a result of using the Website.
11) Intellectual property: The Funding Parties own the rights to the name “Convention Activity Survey”, the questions in the survey and all of the data associated with the survey. We own all of the proprietary and intellectual property in the Website (including text, graphics, logos (excluding the logos of the funding parties), icons and sound recordings) and the software and other material underlying and forming part of the Service and the Website. You may not without our prior written permission:
(a) commercialise, copy, on-sell or otherwise provide to a third party any information obtained from us or this Website, including but not limited to the Monthly Market Share Reports and the Quarterly Market Updates; or
(b) adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website or the Service.
12) Breach: Without limiting any other rights and remedies available to us, we may restrict your access to the Website, suspend or terminate your membership or refuse to provide our Service to you if you breach these terms and conditions.
13) Force majeure: We are not liable for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of us to comply with these terms and conditions where the same arises from any cause reasonably beyond our control.
14) No partnership:
14.1 Membership of the CAS only entitles you to receipt of the Services in accordance with these terms and conditions.
14.2 Nothing in these terms or conditions or in the relationship between the parties (including your membership of the CAS) is to be construed as:
(a) creating a partnership between the parties; or
(b) giving to either party the right, or subjecting it to the liability, of a partner.
14.3 The parties declare that it is not the intention of either party to:
(a) enter into a joint venture with the other; or
(b) constitute a party or its group an agent or fiduciary of the other party or its group under these terms and conditions.
15) No waiver: No failure to exercise, and no delay in exercising, a right available to us under these terms and conditions operates as a waiver of that right. A single or partial exercise of a right does not preclude another or a further exercise of that right or an exercise of another right. No waiver by us of our rights under these terms and conditions is effective unless it is in writing signed by us.
16) Partial invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
17) Governing law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
18) Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitute the entire agreement, between the parties, relating to the subject matter of these terms and conditions.