University of Technology Sydney Terms and Conditions of Hire - Essay Example

of Technology Sydney Terms and Conditions of Hire According to the terms and conditions of the facilities hire at the of Technology Sydney (UTS), in the confirmation of booking, the hirer shall be given the said confirmation in a provisional offer form, which must be signed and given back to the Facilities Hire Unit on the date provided (University of Technology Sydney, 2006). Such return of the provisional offer letter that was signed and which must be received by the Facilities Hire Department, will validate the Hirer’s conformity to the terms and conditions of the hire (University of Technology Sydney, 2006). The signing of the terms and conditions for hire also includes the hirer’s conformity to UTS’ policy on the expression or manifestation of religious, political, and such other beliefs, ideas and values practiced in UTS (University of Technology Sydney, 2006). Even though the venue booking has been approved beforehand, the UTS may still cancel such an application without notice if there are “extraordinary or unusual circumstances” which necessitate such cancellation (University of Technology Sydney, 2006). The University, however, will make an effort to find a substitute venue if the cancellation of the booking was without the fault of the hirer (University of Technology Sydney, 2006). Cancellation made by the hirer of the dinner 24 hours before the event takes place, shall result in the payment and liability for a cancellation fee equaling to a hundred percent of the total hire and event fee as stated in the terms and conditions (University of Technology Sydney, 2006). In terms of displaying promotional material on the window of the venue, the terms and conditions of hire states that there must be an approval first of the University or an express permission made, without which, any advertisement, poster, handbill or other form of announcement or statement should not be placed on any structure or natural feature of the campus including windows (University of Technology Sydney, 2006). In using sound and audiovisual equipment, authorization must first be given by the University, especially when used in the said premises (University of Technology Sydney, 2006). Aside from this, the details regarding the amplification of the equipment should be described by the applicants in detail so that the appropriate provisions can be made, details of which include the utility connections and facilities for loudspeakers, speaker’s or performer’s location, control of decibel level and others (University of Technology Sydney, 2006). Prior approval given by the Facilities Hire Department is also needed in case of audiovisual equipment and has a separate charging rate from the venue hire (University of Technology Sydney, 2006). Admittance of the hirer or any person into the theatre projection boxes or audiovisual control rooms must always be accompanied by a UTS personnel (University of Technology Sydney, 2006). The hirer is also responsible for making sure that any University equipment operated or used during the hire period would remain in the same condition as it was before the hiring (University of Technology Sydney, 2006). Any technical requirement for the event should be conferred and arranged directly with the external consultant of the UTS Facilities (University of Technology Sydney, 2006). A technician of the UTS should always be present whether during a performance or rehearsal or when any technical equipment installed, arranged, controlled or removed (University of Technology Sydney, 2006). The only technical supplier allowed to work within the theatre is the Lightfoot Sound and no other sound or lighting equipment is to be carried into the theatre (University of Technology Sydney, 2006). There shall be an additional or a separate charge with the Lightfoot sound agreed upon with them before agreeing to use the venue, as the Facilities Hire is not accountable for these charges (University of Technology Sydney, 2006). In case of liability for injury to any person in entering, leaving or those sustained within the premises, the Hirer shall indemnify the University, its members, servants and agents from such liability, action, claim or demand (University of Technology Sydney, 2006). Bonds may also be required by the University which would depend on the proposed event, security or performance (University of Technology Sydney, 2006). Hirers must also make sure that the premises including the surrounding areas are left in a properly clean condition (University of Technology Sydney, 2006). The hirer is the one financially responsible for any damages done to UTS property whether as a result of their own action or the action of their contractors, sub-contractors or guests and clients attending any function booked by the hirer or as a result of the hirer’s leaving the premises or surrounding areas in a inappropriate and unclean condition (University of Technology Sydney, 2006). Letter 05 May 2009 The Marketing Manager Fanfare Limited Australia Dear __________: This is regarding your recent instruction to proceed with the promotion of the convention of travel agents by Great Escape Ltd with advertising materials supplied by them. The contents of the advertising material include free parking on site; harbour cruise for every registrant on the opening night and receipt by registrants of a genuine Oroton wallet. Upon review however of the said material, such statements are actually inaccurate and even misleading. To explain, there is actually no free on-site parking available, as vehicles will be parked at a nearby parking station with a daily charge of $25 to the registrants. As to the harbour cruise, such cruise will only accommodate 100 people and not all of the registrants at the convention. Finally, as to the genuine Oroton wallet that will be given to the registrants, the wallets that will be given are actually illegal copies of the Oroton wallet. If we proceed with the promotion of the convention with advertising materials containing such inaccurate information, we may be liable for violation of the Trade Practices Act 1974. According to the said Act, a representation is taken as misleading if a corporation makes a representation with respect to any future matter including the doing of any act and does not have reasonable grounds for making such representation, unless a contrary evidence is presented (Section 51A, Trade Practices Act 1974). Under Section 52, a corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive (Trade Practices Act 1974). Taken in this context, the representations made as to the free parking site, the harbour cruise and the genuine Oroton wallet that is to be given are in fact misleading and in violation of the above-mentioned provisions of the Trade Practices Act 1974. Further, according to Section 54 of the said Act, a corporation shall not, in trade or commerce, in connection with the supply or possible supply of goods or services or in case of promotion by any means of the supply or use of goods or services, offer gifts, prizes or other free items with the intention of not providing them, or of not providing them as offered (Trade Practices Act 1974). The offering of free on site parking, the harbour cruise and the giving of a genuine wallet will not really be supplied as opposed to what is contained in the promotional materials. Under Section 75AZC of the Act, a corporation which in connection with the supply or possible supply of goods or services or, in connection with the promotion by any means of supply or use of goods or services, falsely represent that goods are of a particular standard, quality, value, grade, composition, style or model, or give an impression that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits which in fact do not have, shall suffer the penalty of 10,000 penalty units (Trade Practices Act 1974). Also under Section 75AZG of the Act, if a corporation offers gifts, prizes or other free items in connection with the supply or possible supply of goods or services or because of a promotion by any means of the supply or use of goods or services, and intends not to provide them or not to provide them as offered, such corporation is guilty of an offence punishable on conviction by a fine not exceeding 10,000 penalty units (Trade Practices Act 1974). A person who has also aided, abetted, counseled or procured the contravention or has been in any way, directly or indirectly, knowingly conceding or was a party to the contravention or has conspired with others to effect the contravention (Section 75B, Trade Practices Act 1974) may be ordered by the Court to pay the Commonwealth such pecuniary penalty for each act or omission (Trade Practices Act 1974). If the act or omission is a body corporate, the pecuniary penalty payable shall be $750,000 for each act or omission, or if it relates to Part IV of the Act, the highest of the following: 1) $10,000,000; 2) 3 times the value of the benefit if the benefit can be determined by the Court or 3) 10% of the annual turnover of the body corporate if benefit cannot be determined (Trade Practices Act 1974). Aside from this, the corporation or any person may be liable for damages under Section 82 of the Act and there may be orders disqualifying a person from managing corporations under Section 86E also of the Act (Trade Practices Act 1974). The company shall also be liable under the Fair Trading Act of 1987 in New South Wales, for engaging in a conduct that is misleading or deceptive or is likely to mislead or deceive or make false representation as to the supply of goods or services (Sections 42 & 44 Fair Trading Act of 1987). Given such serious implications, I seriously suggest that we reconsider our action and not push through with the promotion of the event using such inaccurate statements in the promotional materials. For your consideration. References Australia. Trade Practices Act 1974. Part V and VI. Commonwealth Consolidated Acts. Available from http://www.austlii.edu.au/au/legis/cth/consol_act/tpa1974149/. Accessed 04 May 2009. New South Wales. Fair Trading Act 1987. Part IV. New South Wales Consolidated Acts. Available from http://www.austlii.edu.au/au/legis/nsw/consol_act/fta1987117/ . Accessed 04 May 2009. University of Technology Sydney (2006).UTS: Facilities Hire Terms and Conditions. Available from http://www.facilitieshire.uts.edu.au/pdfs/tandc.pdf. Accessed 04 May 2009. Read More