Business Mission terms and conditions

By completing an Expression of Interest (“EOI”) form for the official Brisbane City Council (“Council”) led outbound delegation to attend the 2025 Deputy Mayor’s Business Mission to Tokyo, Kobe and Osaka, Japan from 6–17 April 2025 (“Business Mission”), you agree to be bound by the following Terms and Conditions.  

Council will review your EOI, and if you are chosen as a Delegate for the Business Mission, Council will provide you with a registration link that must be used to register for the Business Mission (“Registration Link”). Payment for the Organisational Contribution will be due 10 March 2025.

Your EOI form must be submitted by 5:00pm AEST on 10 February 2025 (unless Council notifies you in writing of any extension) (“Submission Deadline”).  

1. Delegate Criteria: Selection of EOI applicants (“Delegates”) is at Council’s sole discretion. Council is not bound to select any Delegates to attend the Business Mission.   
   
   In selecting Delegates, Council may have regard to any criteria, including:
   
   (a) the organisation’s products and services perceived alignment with the key industry sectors and opportunities related to the Business Mission;
   
   (b) the organisation’s objective of participation and the perceived alignment with the Business Mission;
   
   (c) the size of the organisation (focus is on assisting small and medium-sized enterprises);
   
   (d) whether the organisation is currently undertaking business internationally, and in Brisbane’s sister cities including in Tokyo, Kobe or Osaka (demonstrating international engagement and capabilities);
   
   (e) explanation of how the Business Mission would benefit the applicant’s business (including the extent it would confer any local benefits in Brisbane LGA);
   
   (f)  the organisation is considered to be of good repute and have good community standing; and 
   
   (g) the organisation’s level of business within the Brisbane LGA. 
   
   Council will use reasonable endeavours to notify unsuccessful applicants via email.
    
2.  Your enquiries, reliance on information and your EOI Forms: Queries regarding the EOI must be sent  by email to internationalrelations@brisbane.qld.gov.au, prior to the Submission Deadline.
   
   Council does not make any warranty or representation in connection with this EOI. You must make your own reasonable enquiries to fully inform yourself of all the risks, contingencies and other circumstances which may impact on you or your organisation in electing to submit an EOI and/or you participating in the Business Mission should you become a Delegate.
   
   If Council has provided historical data (e.g. the number of participants at past events) or general information (e.g. perceived benefits of attending a Business Mission), this is not to be construed as any form of inducement or guarantee and you and your organisation agree to participate based on your own assessment of the potential benefits (if any) of submitting an EOI and registering through the Registration Link, and/or participating in the Business Mission should you become a Delegate. 
   
   You acknowledge that Council will be relying on all of the information contained in, and all of the representations made by you in, your EOI form and any subsequent clarifications sought.
    
3.  Communication in relation to the EOI process and unsolicited price reductions: You must not make any unsolicited approaches to Council (including offering any payment or inducements) in relation to, or in order to, or which may be perceived to, influence the evaluation process in connection with this EOI process.
    
4.  Clarification of submissions and enquiries of others: Council may make enquiries of any person (including any company or other organisation) without advising you, to verify any information provided by you or ascertain the suitability of you or your proposal in relation to your potential appointment as a Delegate.
    
5.  Evaluation, shortlisting, negotiation and selection: Council may evaluate EOI submissions on any basis to achieve the most advantageous outcome for Council. 
   
   In addition, Council may exclude your EOI submission from further evaluation where any of the following apply:
   
   (a) your submission is considered, in Council’s absolute discretion, to not conform with the requirements of these Terms and Conditions;   
   
   (b) your score against a criterion (regardless of any weighting) is deemed low that Council considers the submission to be high risk or not advantageous for Council;
   
   (c) you have not clearly accepted these Terms and Conditions or other key aspects of the proposed Business Mission; or
   
   (d) you or your submission is considered to be high risk or not advantageous for Council, regardless of the criteria (e.g. Council considers that you would not be a fit and proper person to act as a Delegate for this Business Mission).
   
   The number of Delegates (if any) will be determined by Council in its sole and absolute discretion, having regard to the business and operational requirements, and Council’s own objectives, as part of the Business Mission.
   
   Council reserves the right not to appoint any Delegates in connection with this EOI process, to cancel this EOI process or to commence any new or other process in connection with the Business Mission (or any other related activity).  Notification of any such decisions will be provided in writing, within a reasonable timeframe. Neither this EOI process nor any appointment of you as a Delegate confers any arrangement of exclusivity between you and Council.
    
6. Your conduct: You must not: 
   
   (a) offer any bribe, gratuity, discount or enticement to any Councillors, employees, agents or contractors of Council; 
   
   (b) collude with anyone else providing an EOI form or prospective EOI form (during the preparation or evaluation of your submission); 
   
   (c) communicate with the media about any aspect of this EOI or discuss the EOI or the Business Mission or your submission to Council or Council’s evaluation of your submission with any Councillors, employees, agents or contractors of Council, with the exception of Council’s nominated officer and any officer(s) nominated by that officer, prior to any appointment of you as a Delegate). 
   
   If you are appointed as a Delegate, you must refer any enquiry from the media in connection with the Business Mission to Council and you must continue to comply with clause 9.
    
7. Variation, suspension or termination of the EOI: Council may vary, suspend or terminate the EOI process at any time, before or after the Submission Deadline. Notification of any such decisions will be provided in writing, within a reasonable timeframe. Council is not obliged to, but may provide reasons for the variation, suspension or termination.
    
8.  Confidentiality and disclosure: You must keep confidential and not:
   
   (a) disclose to any person; or
   
   (b) copy, use or otherwise deal with for any purpose, any information regarding the EOI process, the Business Mission, Council (including its business and activities), except to the extent that:
   
   (i) you are authorised in writing by Council; 
   (ii) the information is necessarily disclosed to and used by others in your organisation (who are also bound to keep the information confidential) for the purposes of enabling you to prepare your EOI submission; or
   (iii) you are required to do so by law.
   
   Council may disclose details on the outcome of the EOI process and/or Business Mission. Council will use reasonable endeavours to not disclose any details of your submission or your involvement in the Business Mission which Council considers to be commercially sensitive, except as may be required by Legislative Requirements or as part of Council’s policies and procedures (including for with respect to governance).
    
9. Correspondence: All correspondence regarding the Business Mission by Council will be sent by email and directed only to the persons and email addresses provided in the EOI registration form. Due to privacy regulations, you acknowledge it may not be possible for Council to provide copies of confirmations, or other Business Mission correspondence to any other person by email or phone, other than yourself.
   
   Any material created by Council or received by Council from you (whether in writing or verbally) concerning the Business Mission may be used in accordance with these Terms and Conditions. To the extent these Terms and Conditions do not contemplate a use of your Personal Information, that Personal Information will not be made available to any third party (outside of the Councillors, employees, agents and contractors of Council) without your prior approval.
   
   You acknowledge and agree that your Personal Information and any other information of your organisation may be shared with Brisbane Economic Development Agency and other organisations that Council works with to coordinate the Business Mission (including foreign local governments, state governments and national governments, corporate partners, stakeholders and suppliers etc.) for the purposes of:
   
   (a) contacting you regarding arrangements pertaining to this Business Mission and for the delivery of this Business Mission; 
   
   (b) sharing information with you regarding Council activities, including subscription to Council newsletters; 
   
   (c) sharing objectives for the Business Mission and providing the Organisational Contribution; and
   
   (d) promoting, networking and administrating for the Business Mission and future missions and/or events of this type.
   
   You hereby grant permission for your Personal Information to be transferred outside of Australia, to the extent it is reasonably required by Council in connection with these Terms and Conditions or the Business Mission.
    
10. Personal Information: If at any time in connection with these Terms and Conditions, you collect or have access to Personal Information in connection with the EOI process, through the Registration Link or the Business Mission (excluding your own Personal Information), you must:
    
    (a) fully comply with Parts 1 and 3 of Chapter 2 of the Information Privacy Act 2009 (Qld) (“IP Act”) as if references to “agency” in those Parts of the IP Act were references to you;
    
    (b) not use any Personal Information other than for the purposes reasonably contemplated in submitting your EOI forms or participation in the Business Mission if you are a Delegate, unless otherwise required or authorised by law;
    
    (c) not disclose Personal Information without the prior written consent of Council unless required or authorised by law;
    
    (d) not transfer Personal Information outside of Australia without the prior written consent of Council;
    
    (e) ensure that access to Personal Information is restricted to those persons who require access in order to perform their duties;
    
    (f) ensure those persons who have access to Personal Information comply with the obligations imposed on you under this clause;
    
    (g) fully co-operate with Council to enable Council to respond to applications for access to or amendment of a document containing an individual’s Personal Information and to privacy complaints;
    
    (h) comply with such other privacy and security measures in relation to Personal Information as Council reasonably advises you from time to time;
    
    (i) if requested by Council, obtain from the any person in connection with you or your organisation, an executed deed of privacy in a form acceptable to Council; and
    
    (j) immediately notify Council on becoming aware of any breach of this clause.
    
    For the purposes of these Terms and Conditions, the term “Personal Information” has the meaning given in the IP Act and, where the context requires, means Personal Information in connection with these Terms and Conditions.
    
    Further, you must not make any statements to any other party about these Terms and Conditions without the prior written approval of Council.
     
11. The Delegation & Council’s Organisational Contribution:  Council will coordinate the itinerary and mission program of the Deputy Mayor, Council staff and the Delegates (together the “Delegation”).  
    
    Council will facilitate business meetings, mission logistics, including coordination of site visits for the Delegation. Delegates must adhere to the program as provided by Council. 
    
    Council will use reasonable endeavours to provide coordination of the Delegation, mission program and mission logistics, including coordination of site visits for the Delegates (“Organisational Contribution”).  The Organisational Contribution will be at no additional cost to you if you are appointed as a Delegate.
    
    If you are appointed as a Delegate, you must:
    
    (a) comply with all Legislative Requirements, whether in Australia or overseas; and
    
    (b) ensure at all times, you conduct yourself and your organisation conducts itself with a high level of decorum and present in a manner not to offend reasonable members of the public or others in connection with the Business Mission.
     
12. It is the Delegate’s responsibility when making arrangements in connection with the Business Missions (including in placing bookings for air travel and otherwise for the Business Mission) to take out suitable and adequate insurances (including health and travel insurances), to cover risks including loss, cancellation, medical costs and injury. 
    
    Without limiting any other provisions of these Terms and Conditions, Council will not accept any responsibility or be liable for any Claim, which should have been covered by the Delegate taking out appropriate insurances.  Council is assuming you are fully insured in making the Organisational Contribution to you. 
    
    Visas are the responsibility of the Delegate. Council is unable to provide assistance or advice with respect to visa applications. It is recommended that the Delegate seek independent advice in regard to any visa requirements from the relevant government organisation for the specific region/s they are travelling to. 
     
13. Risk and Costs: Your participation in the EOI process and participating in the Business Mission should you become a Delegate, is at your sole risk and cost (including that you are assuming the full risks associated with the Organisational Contribution that Council may provide).
    
    Council will not reimburse you for any costs associated with EOI submission, the Registration Link, or your participation in the Business Mission should you become a Delegate. You must bear all of the costs you incur by participating in the EOI process, irrespective of whether your proposal is successful, unsuccessful or excluded for any reason or the EOI process is itself amended, suspended or terminated.
    
    As a Delegate, you will be responsible for arranging and bearing all costs associated with attending the Business Mission including:
    
    a. accommodation;
    b. transportation;
    c. meals;
    d. beverages;
    e. insurance;
    f. flights;
    g. visas; and 
    h. conferences or event registrations.
     
14. Registration: Council may charge Delegates a fee upon registration to the Business Mission through the Registration Link.
     
15. No representation: At no time during the course of the Business Mission will you be entitled to represent yourself as being an officer, employee, partner or agent of Council.  You must not represent yourself as having any special affiliation with Council or ability to influence Council and you must at all times act as is reasonable and appropriate for a Delegate, in accordance with these Terms and Conditions and Council’s reasonable directions to you in connection with the Business Mission.
     
16. Force Majeure: Council will not be liable for any delay, interruption or failure to proceed with the Business Mission or any obligations of Council under these Terms and Conditions (including the provision of the Organisational Contribution) if the delay, interruption or failure results from, or is contributed to by, a Force Majeure Event. 
    
    In these Terms and Conditions, “Force Majeure Event” includes any act or omission outside of Council’s reasonable control, including any physical natural disaster, weather, impacts of weather, pandemic, epidemic, any act of government or government authority, war, fire, earthquake, explosion, accident, industrial dispute, civil commotion, impossibility of obtaining services, materials, shortfall or otherwise, that affects the Business Mission.
     
17. Cancellation: Council will not be liable for any Claim incurred or arising directly or indirectly should Council decide to cancel the Business Mission, including after such time as you may become a Delegate.  Council will notify you of such a cancellation and will be under no obligation to provide you with any Organisational Contribution if such a cancellation occurs. 
    
    The Delegate acknowledges and agrees that:
    
    (a) any cancellation made by the Delegate must be in writing via email to internationalrelations@brisbane.qld.gov.au, and any purported cancellations or changes made over the phone will not be accepted;
    
    (b) where cancellation is received by Council in accordance with this clause 17 (a) 14 days or more prior to the Business Mission, Council will refund to the Delegate, the fees paid to Council, less an administration charge of 20%; and
    
    (c) no refunds will be issued for cancellations received less than 14 days prior to the Business Mission. 
     
18. Photography and Recording: The Delegate acknowledges that Council and those acting pursuant to its authority may:
    
    (a) photograph your participation and image on any media (whether film, video or photography, whether electronic or digital or any similar medium) (the “Recordings”) during the Business Mission;
    
    (b) use the Recordings in full or in part in any and all media for any Council related purpose including educational and promotional purposes; and
    
    (c) make available for access, download or purchase, Recordings made during the Business Mission to Delegates or other third parties.
     
19. Property and Intellectual Property Rights: All property and Intellectual Property Rights in all material created by Council in connection with these Terms and Conditions and the Business Mission, including any contributions of you to the same, will vest in Council.
    
    If you are appointed as a Delegate, you may, with the prior written consent of Council, apply to use material containing Council’s Intellectual Property Rights in relation to the Business Mission for a purpose and use which is approved by Council (in its absolute discretion) in accordance with any conditions or requirements imposed by the Council in such consent (“Approved Purpose & Use”).
    
    You will have a non-exclusive licence to use any material strictly in accordance Approved Purpose & Use.  Council may withdraw this licence or amend or withdraw the Approved Purpose & Use at any time by notice to you.  You must comply with any request of Council in connection with its Intellectual Property Rights, including returning any or all material and ceasing to publish or make available any such material.
    
    You acknowledge that you have no rights of ownership in any information in connection with the Business Mission or these Terms and Conditions, whether in its original form or as reformatted or converted onto different form, media or format by you and all Intellectual Property Rights as between you and Council, are at all times retained by and vest in Council.
    
    You agree to waive any Moral Rights in favour of Council in any material referenced in this clause or which otherwise arises in connection with the Business Mission.
    
    You must, immediately on demand of Council, remove or overcome any assertion which is contrary to this clause 20.
     
20. Liability: You acknowledge and agree that any information provided by Council in connection with these Terms and Conditions, including information and advice on matters that are incapable of precise determination, subject to subjective interpretation, rapidly changing conditions in the market and other factors beyond the control of Council is not to be relied upon by you and you are to make your own investigations on such matters and things before you elect to use them for any purpose. You warrant that you will not (and you will ensure others do not) rely on information or advice provided by Council without making your own investigations as to any inaccuracies, omissions or other deficiencies contained in it.
    
    To the maximum extent permitted by law, Council will not be liable to you, your organisation or any other person who may be beneficially entitled under or in connection with these Terms and Conditions to any Claim, except to the extent that Claim may arise directly out of Council’s breach of an express term of these Terms and Conditions.  
    
    You acknowledge that in agreeing to these Terms and Conditions you have not relied on any statement, representation or warranty or condition made or given by Council (including any of the Councillors, employees, agents and contractors of Council) other than those expressly contained in these Terms and Conditions.
    
    You irrevocably release and indemnify Council (including all of the Councillors, employees, agents and contractors of Council) from and against any Claim which Council (including all of the Councillors, employees, agents and contractors of Council) may suffer or incur arising out of or in connection with:
    
    (a) any breach of these Terms and Conditions;
    
    (b) any act or omission of you or your organisation in connection with the Business Mission; and
    
    (c) the provision of, or purported reliance upon, or use of the any information or advice of Council provided in connection with these Terms and Conditions, provided such indemnity will be proportionately reduced to the extent a Claim arises directly out of Council’s breach of an express term of these Terms and Conditions.
    
    To the maximum extent permitted by law, and despite any other provision of these Terms and Conditions:
    
    (a) Council’s maximum aggregate liability to you, your organisation or any other person who may be beneficially entitled under or in connection with these Terms and Conditions for any Claim in connection with these Terms and Conditions shall be limited to $10.00 (ten dollars); and
    
    (b) Council will have no liability to you, your organisation or any other person who may be beneficially entitled under or in connection with these Terms and Conditions for any Consequential Loss.
     
21. Termination:  At any time Council may, by notice to you, immediately terminate your appointment as a Delegate and terminate this agreement (including its provision of the Organisational Contribution to you) if Council reasonably believes you have breached these Terms and Conditions.  
    
    You will have no right to Claim against Council if Council exercises its rights under this clause 22.  
     
22. Entire Agreement: These Terms and Conditions supersede all other verbal or written arrangements between Council and you with respect to the EOI process, Delegate registration through the Registration Link, and the Business Mission. 
    
    If there is any inconsistency between the provisions of any other EOI material sent to you, or otherwise obtained by you from Council’s website or otherwise, and these Terms and Conditions, these Terms and Conditions will prevail to the extent of that inconsistency. 
     
23. Withdrawal: You will be liable to pay for all costs due and/or incurred should you decide to withdraw at any stage of the Business Mission.   
     
24. Substitutions: If a Delegate is unable to attend the Business Mission, Council may consent (in its absolute discretion) to the Delegate substituting an alternative person (“New Delegate”) to attend the Business Mission. One (1) Delegate substitution may be permitted by Council without charge where requested more than 7 days prior to the Business Mission. Substitutions notified within 7 days of the Business Mission will incur a charge of $250 (per person).
    
    Approval of any New Delegate is conditional on the proposed alternative person being acceptable to Council and that person agreeing to fully assume all obligations of you.  Any proposed New Delegate must acknowledge and expressly consent to these Terms and Conditions in writing prior to Council considering whether to grant consent to that New Delegate.  
    
    Council makes no guarantee that it will accept any proposed New Delegate and Council will not be liable for any Claim incurred by you as a result of you being unable to participate in the Business Mission for whatever reason (including in circumstance where Council determines not to consent to any New Delegate).
     
25. Assignment and Sub-contracting: You must not without the prior written approval of Council assign all or any part of these Terms or Conditions or any right hereunder. 
    
    Approval to assign shall be on terms and conditions determined by the Council and any approval by Council to allow you to subcontract shall not relieve you from any liability or obligation under these Terms and Conditions. You shall remain vicariously liable to Council for any act or omission of your subcontractors as if such act or omission was that of you yourself.
     
26. Nature of Indemnities:Each indemnity in these Terms and Conditions is a continuing obligation, separate and independent from the other obligations of the parties, and survives termination, completion or expiration of these Terms and Conditions.  It is not necessary for a party to incur expense or to make any payment before enforcing a right of indemnity conferred by these Terms and Conditions.  A party must pay on demand any amount it must pay under an indemnity in these Terms and Conditions.
     
27. Further assurances: Each party must do all things and execute all further documents necessary to give full effect to these Terms and Conditions and refrain from doing anything that might hinder the performance of these Terms and Conditions.
     
28. No fetter of statutory functions: Unless otherwise expressly provided in these Terms and Conditions, nothing in these Terms and Conditions gives rise to any duty on the part of Council to consider interests other than its own interests when exercising any of its rights or carrying out any of its obligations in accordance with these Terms and Conditions.
    
    Notwithstanding anything expressly provided or implied in the these Terms and Conditions to the contrary, the parties agree that Council is not obliged to exercise any executive or statutory right or duty, or to influence, over-ride, interfere with or direct any other authority in the proper exercise and performance of any of its executive or statutory rights or duties and nothing has the effect of constraining Council or placing any fetter on Council's discretion to exercise or not to exercise any of its executive or statutory rights or duties.
    
    You are not entitled to make any Claim against Council relating to any exercise or failure to exercise any of the Council’s executive or statutory rights or duties in connection with these Terms and Conditions.
     
29.  Governing Law: These terms and conditions are governed by the laws of Queensland, Australia. Any disputes arising from these terms and conditions will be subject to the exclusive jurisdiction of the courts of Queensland, Australia.
     
30.  Interpretation:
    
    (a) The expiration of the Business Mission or any other termination of this agreement (including any withdrawal or cancellation contemplated by these Terms and Conditions) does not limit or effect any obligations or liabilities of you which are capable of surviving the expiration or termination, including as such clauses survive either expressly or by implication due to the nature of the clause.
    
    (b) The meaning of any general language in these Terms and Conditions is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included, and such words are to be read as if followed by the words ‘without limitation’.
    
    (c) A reference to a person includes a corporation, trust, partnership, unincorporated body, government authority or agency, or other entity whether or not it comprises a separate legal entity.
    
    (d) Headings are not to be used in construing these Terms and Conditions.
    
    (e) These Terms and Conditions are not to be construed against the interests of Council merely because the Council put forward these Terms or Conditions or relies on a provision of these Terms and Conditions.
    
    (f) All references to “dollars” and “$” are to Australian dollars unless otherwise stated.
     
31. Definitions: In these Terms and Conditions, the following terms have the meaning provided below:
    
    (a) “Claim” means any demand, liability, claim, suit, litigation, judgment, action or proceeding, including without limitation for any loss, damage, cost, payment or expense (including any Consequential Loss), whether present, unascertained, immediate, future or contingent and howsoever arising, including whether arising in tort (including for negligence), in equity, under contract (including under indemnity), in statute or otherwise. 
    
    (b) “Consequential Loss” means any special, indirect, economic or consequential loss, loss of contracts, loss of revenue, loss of profit, loss or denial of opportunity, loss of access to markets, loss of goodwill or loss of reputation, whether or not in the reasonable contemplation of the parties at date of disclosure of Information under these Terms and Conditions as being a probable result of the relevant breach.
    
    (c) “Intellectual Property Rights” means all present and future rights in relation to copyright, patent application rights, patent rights, design rights, database rights, trademark rights (whether registered or unregistered), trade secrets and confidential information, all know-how, and all other rights of intellectual property, or any rights to registration of such rights whether created before or after the entry into these Terms and Conditions, and whether existing in Australia or otherwise and includes Moral Rights.
    
    (d) “Legislative Requirements” includes all laws, Acts, regulations, local laws and by-laws, orders, awards, codes and proclamations of any authority having jurisdiction in the country, state or territory in which the matters the subject of the Terms and Conditions or any part of them are being carried out and the requirements of any other relevant authority, approvals, consents, licences and requirements of authorities having jurisdiction in connection with these Terms and Conditions and fees and charges payable in connection with the foregoing.
    
    (e) “Moral Rights” means the moral rights of attribution of authorship, right not to have authorship falsely attributed and right of integrity of authorship specified in Part IX of the Copyright Act 1968 (Cth) and rights of a similar nature anywhere in the world whether existing before, on or after entry into these Terms and Conditions, and whether existing in Australia or otherwise.

Submission of the EOI form and the signed Terms and Conditions does not guarantee participation in the Business Mission.  

Registration to be a Delegate through the Registration Link, does not guarantee participation in the Business Mission.

You warrant you have of your own free will and volition agreed to these Terms and Conditions and you have fully understood these Terms and Conditions, including that you have obtained any advice (including legal or financial advice necessary) you require to understand these Terms and Conditions before agreeing to be bound by them below.