Participation, Cancellation, Refund, and Privacy Policies
The Tinnitus Research Initiative-2020 Vancouver Conference (“Conference” and/or “TRI-2020 Conference”) along with its associated pre-conference workshops is managed and implemented by the Vancouver Tinnitus & Hyperacusis Clinic, Inc. (“VTHC”) its staff, designates, and agents (“collectively known as “TRI-2020”). TRI-2020 and VTHC shall refer interchangeably to the VTHC and the staff responsible for planning and implementing the Conference.
The TRI-2020 Conference will be held in designated areas (“Conference Facility”) at the Marriott Vancouver Pinnacle Downtown (“Marriott”) and/or any other venues designated, from time to time, by TRI-2020, from May 20, 2020 to May 23, 2020. The pre-Conference workshops will be held on May 20, 2020. The main conference will be held from May 21, 2020 through to and including May 23, 2020.
The headings and bolded words in this Registration agreement are solely for convenience of reference and shall not be used for purposes of interpreting or construing the provisions thereof.
Where appropriate, “Attendee” and “Participant” shall be used interchangeably and refer to the Conference Attendee registered in the TRI-2020 conference system and/or, where applicable, any individual registered to accompany the Conference Attendee to any designated Conference function.
These Terms and Conditions may be amended at any time by TRI-2020 at its sole discretion, and all amendments shall be binding upon the Attendee upon publication or issuance of notice. Any area not specifically covered in these terms and conditions is subject to the sole discretion and decision of TRI-2020, such discretion and decision shall be final. Terms and Conditions and all other guidelines shall be available to the Attendee on the TRI-2020 Registration receipt and on the TRI-2020 website. The TRI-2020 website shall be deemed to hold the current version of the in-effect Terms and Conditions.
Participation: Participation by Attendee in any and all Conference events/functions shall be governed by these Terms and Conditions and/or any subsequent amendments therein. TRI-2020 is managed using the conference app Whova (www.Whova.com). With the exception of those Attendees who are Networking Dinner Event Guests, all Attendees must be registered in Whova to access the live conference schedule, event polling, and other functions used by TRI-2020 to manage Attendee programs and events.
Notwithstanding any other term or condition in these Terms and Conditions, the Participant hereby acknowledges and accepts that TRI-2020 may, at its sole discretion, limit, terminate, or cancel the Participant’s access, in whole or in part, to the Conference or any Conference Function where the Participant’s actions, conduct, or effect on any aspect of the Conference is deemed to be inappropriate, deemed to be disruptive, or deemed to pose a risk to any other Attendee or aspect of the Conference. Such limitation, termination, or cancellation of the Participant’s access, for any reason whatsoever, shall not be deemed a waiver of any of TRI-2020’s other rights and remedies.
Registration and Badges: All Attendees must be registered and wear the applicable badge(s) to access the Conference Facilities and Events/ Functions.
Photography, Recording, and any Other Media: The Attendee may not engage in photography, video production and/or graphic reproduction of any conference materials unless authorization is obtained from the owner/presenter of that material. Commercial use of photographs of attendees is prohibited unless written consent is given by the attendee and by TRI-2020. Personal photography is permitted at social functions. Audio, video and digital recordings, live streaming or broadcasting, and photography whether for personal or commercial use, are all strictly prohibited during any Conference sessions.
The Attendee hereby authorizes TRI-2020 to use any photographs, video, social media communications, graphic reproductions of materials, and any other materials TRI-2020 deems appropriate to create/promote Conference communications and engagement prior-to, during, and after the Conference. The Attendee hereby releases to TRI-2020 any and all rights for such communications and engagement use. TRI-2020 will not sell or otherwise make available for commercial sale or licensing any of the materials referenced above.
Security: The Marriott, TRI-2020, official contractors, or any Conference Services provided by the Marriott or TRI-2020 will NOT be held responsible for bodily injury, theft or damage to the Attendee’s personal, commercial, or academic property. All Attendees are responsible for safe-guarding their own property.
Refunds: All requests for registration cancellation must be received via email on or before 4:00PM Pacific April 30, 2020 in order for the Participant to be eligible to receive a refund, less a 15% administration fee. If a registration cancellation request is received after 4:00PM Pacific on April 30, 2020, the Participant will not be eligible for a refund. There are no exceptions to this policy.
Cancellation (Force Majeure): TRI-2020 may postpone or terminate the Conference or any of its obligations hereunder without penalty in the event the designated Conference facilities in the Marriott becomes unavailable, is destroyed or damaged, or if it becomes inadvisable, impracticable, illegal, or impossible to hold the Conference as scheduled due to any event beyond the control of TRI-2020 or the Marriott. In such an event, Participant hereby waives any and all damages and claims for damages and agrees that the sole liability of TRI-2020 shall be to refund to the Participant the full registration fee paid by the Participant to register for the Conference.
Indemnification and Liability: The Participant agrees to indemnify, defend and hold harmless TRI-2020, the Marriott, and the City of Vancouver from all losses arising from (a) any violation of any law, regulation or ordinance by the Participant or any associated designated Guest , (b) any failure by the Participant to comply strictly with these Terms, and (c) personal injury or property damage caused by the Participant or any associated designated Guest, except to the extent that such loss or damage is caused by the sole negligence or intentional acts of TRI-2020, the Marriott, the City of Vancouver: THE MAXIMUM LIABILITY OF TRI-2020 AND THE MARRIOTT FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT OF REGISTRATION FEES PAID BY PARTICIPANT. IN NO EVENT SHALL TRI-2020 BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRI-2020 MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONFERENCE OR THE MATERIALS PRESENTED THEREIN, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No Waiver: If any part of any provision of these Terms or any subsequent amendments shall be invalid or unenforceable in any respect, such part shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of such provisions of these Terms.
Dispute Resolution; Governing Law and Venue: These Terms and any subsequent amendments shall be construed, interpreted and governed by the laws of the Province of British Columbia, Canada.
Any controversy or claim arising out of or relating to these Terms, or breach thereof, shall first be discussed informally for an amicable settlement between the Participant and TRI-2020. Should that not succeed the parties shall attempt to resolve the matter by mediation. Should mediation not resolve the matter, it shall be settled by binding arbitration in the Province of British Columbia, Canada by a single arbitrator pursuant to the Arbitration Act RSBC 1996 as amended, or any successor legislation. The arbitrator’s decision on all issues or matters submitted to the arbitrator for resolution shall be conclusive, final and bind the parties. The arbitrator shall determine who shall bear the costs of arbitration or in what proportions the costs shall be borne. The parties hereto agree that the right to a trial by jury shall be waived regarding any and all claims related to this Conference. The parties hereto further agree that any mediation meetings and/or trials, as the case may be, shall all be situated in the region known, generally, as the Lower Mainland, in the Province of British Columbia, Canada.
“Personal Information” means information about an identifiable individual. This may include, without limitation, the individual’s name, home address, age, income, credit history or other financial information, credit card information, personal preferences and other information about his or her family. Personal Information does not include the name, title, business address or telephone number of an employee of an organization.
Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”), includes the Ten Privacy Principles outlined in the Canadian Standards Association Model Code for the Protection of Personal Privacy. Those ten principles are:
- Accountability: An organization is responsible for personal information under its control and shall designate an individual or individuals who are accountable for the organization’s compliance with the following principles.
- Identifying Purposes: The purposes for which personal information is collected shall be identified by the organization at or before the time the information is collected.
- Consent: The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except when inappropriate.
- Limiting Collection: The collection of personal information shall be limited to that which is necessary for the purposes identified by the organization. Information shall be collected by fair and lawful means.
- Limiting Use, Disclosure, and Retention: Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by the law. Personal information shall be retained only as long as necessary for fulfillment of those purposes.
- Accuracy: Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
- Safeguards: Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.
- Openness: An organization shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.
- Individual Access: Upon request, an individual shall be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
- Challenging Compliance: An individual shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals for the organization’s compliance.
Like all other organizations, TRI-2020 is obliged to keep Personal Information confidential except under the following circumstances:
(I) WHEN AUTHORIZED BY YOU
The products and services offered by TRI-2020 require us to obtain Personal Information about you in order to deliver the products and services you have engaged us to provide. We will always operate on the basis of consent from you first. We will never use any information for purposes other than those that we have told you about.
You may withdraw your consent at any time, subject to any legal implications (which we will inform you about). In some cases, if you do not consent to our use or disclosure of certain Personal Information, we may be unable to continue to provide all or part of the products and/or services that you have requested or for which you are registered.
(II) WHEN REQUIRED BY LAW
The type of information we are legally required to disclose usually relates to government tax reporting requirements. In some cases, however, such as under a court order, we may be required to disclose certain information to persons specified in the court order. We will only provide the specific information requested and only upon being satisfied that the authorities have legitimate grounds to request the information.
(III) WHEN PERMITTED BY LAW
The legislation has provided certain situations where TRI-2020 is legally permitted to disclose Personal Information without your consent. Examples include situations involving the collection of debt in arrears, medical emergencies, or suspicion of illegal activities.
All hard-copy, aged records that are to be destroyed or disposed-of are shredded/destroyed in compliance with Section 35(2) of the Province of British Columbia’s Personal Information Protection Act (PIPA) – “An organization must destroy its documents containing personal information, or remove the means by which the personal information can be associated with particular individuals, as soon as it is reasonable to assume that (a) the purpose for which that personal information was collected is no longer being served by retention of that personal information, and (b) retention is no longer necessary for legal or business purposes”.
EU Data Subject Rights