Event Terms & Conditions
TERMS AND CONDITIONS (VERSION 1)
1.1 The definitions and rules of interpretation in this clause apply in these Conditions.
the laws of England and Wales and any other laws or regulations, regulatory policies, guidelines or industry codes which apply to the exercise of the parties' rights or the performance of their obligations.
a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
means the process of purchasing a ticket for the Event by the Delegate from the Website or as otherwise agreed by the Event Organiser.
the terms and conditions set out in this document and as amended by the Event Organiser from time to time.
the date on which the Booking is made.
Data Protection Legislation
the Data Protection Act 1998 (the DPA), the Data Protection Directive (95/46/EC), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) (as amended) and General Data Protection Regulation (GDPR) and all applicable laws and regulations relating to the processing of the personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other national data protection authority, and the equivalent of any of the foregoing in any relevant jurisdiction.
the person or firm who attends the Event.
Ecommerce Unlocked: South West on 3 April 2020 hosted at the Venue.
means any materials supplied by the Event Organiser during the Event.
SwankyApple Limited, a private limited company, incorporated and registered in England and Wales with company number 07138036 whose registered address is 4 Baring Crescent, Exeter, Devon, EX1 1TL.
Force Majeure Event
an event or circumstance beyond a party's reasonable control.
Intellectual Property Rights
patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
the guest individuals and/or businesses providing workshops, presentations, talks, information or other means to provide Event content to Delegates, excluding the Event Organiser.
the admission ticket for the Event supplied to the Delegate by the Event Organiser in exchange for full payment as specified on the Website.
the University of Exeter or at such other location as notified to the Delegate by the Event Organiser.
1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.3 These Conditions shall be binding on, and enure to the benefit of, the parties to these Conditions and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party's personal representatives, successors and permitted assigns.
1.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5 A reference to a statute or statutory provision (including all subordinate legislation) is a reference to it as amended, extended or re-enacted from time to time.
1.6 A reference to writing or written includes email but not fax.
1.7 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.8 A reference to these Conditions or to any other agreement or document referred to in these Conditions is a reference to these Conditions or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of these Conditions) from time to time.
1.9 References to clauses and Schedules are to the clauses and Schedules of these Conditions.
1.10 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Upon the Delegate obtaining a Ticket, The Event Organiser hereby permits the Delegate to attend to the Event at the Venue on 3 April 2020 or on such other date as notified to the Delegate by the Event Organiser.
3.1 Making a Booking does not guarantee the Delegate or any other person a Ticket.
3.2 Bookings must be confirmed to the Delegate by the Event Organiser and the Delegate must receive a Ticket to enable the Delegate entry to the Event.
3.3 Bookings will be confirmed, at the Event Organiser’s discretion, to the Delegate by a communication method of the Event Organiser’s choice.
3.4 Once a Booking is confirmed the Delegate will receive a Ticket.
3.5 Bookings are subject to availability, full payment and are at the full discretion of the Event Organiser.
3.6 The Event Organiser may refuse to confirm a Booking at its full discretion.
3.7 If a Delegate is unsuccessful in securing a Ticket they will be notified and if appropriate, refunded by the Event Organiser.
4. OBLIGATIONS OF THE DELEGATE
4. 1 The Delegate undertakes to the Event Organiser:
4.1.1 to make full payment for the Ticket at the time of making a Booking, unless otherwise agreed by the Event Organiser;
4.1.2 not to do anything that may bring the Event Organiser into disrepute;
4.1.3 not to display any form of anti-social behaviour at the Event;
4.1.5 not to resell the Ticket without the Event Organiser’s permission;
4.1.6 to comply with all Applicable Laws relevant to the exercise of its rights and the performance of its obligations under these Conditions;
4.1.7 not to apply for registration of any part of the Event Organiser’s Intellectual Property Rights or anything confusingly similar to the Event Organiser’s Intellectual Property Rights as a trade mark for any goods or services;
4.1.8 use its reasonable endeavours to assist the Event Organiser in protecting the Event Organiser’s Intellectual Property Rights and the Event Materials and not to knowingly do, or cause or permit to be done, anything which may prejudice or harm or which has the potential to prejudice or harm the same or the Event Organiser's title to the same or the image of the Event, the Event Organiser or the Venue;
4.1.9 ensure the Booking confirmation email has not been missed, deleted or otherwise misplaced;
4.1.10 ensure that the Delegate’s contact details are provided and correct when making the Booking; and
4.1.11 present the Ticket on arrival at the Event if so requested by the Event Organiser or their representatives.
5. OBLIGATIONS OF THE EVENT ORGANISER
5.1 The Event Organiser shall organise and host the Event at the Venue at its sole cost and expense in accordance with these Conditions.
5.2 The Event Organiser reserves the right to make changes to the Event, including the dates, times, Venue, speakers, content and programme.
6. PRICE AND PAYMENT
6.1 The price for attending the Event shall be the price set out on the Website at the time of Booking.
6.2 At the time at which the Booking is made, Bookings must be paid for in full by the Delegate to the Event Organiser by using the payment methods indicated on the Website, unless otherwise agreed by the Event Organiser.
6.3 If full payment is not made by the Delegate in accordance with Clause 6.2 above, the Event Organiser may cancel the Booking and/or invalidate the Delegate’s Ticket.
6.4 If the Ticket is gifted to the Delegate by the Event Organiser these Terms and Conditions still apply.
7.1 The Event Organiser reserves the right to cancel the Event or any part of the Event at any time without notice to the Delegate for any reason (including, without limitation, by reason of a Force Majeure Event).
7.2 The Organiser shall notify the Delegate of any cancellation as soon as possible and notice of cancellation of the Event, or any part of the Event, may be given by a notice on the Website and/or by email to the Delegate.
7.3 The Event Organiser shall not be in breach of these Conditions by virtue of any cancellation or abandonment.
7.4 The Event Organiser may, at its discretion, postpone the Event or change the venue of the Event.
7.5 The Event Organiser may eject a Delegate from the Event at its discretion.
7.6 The Delegate undertakes to the Event Organiser to notify the Event Organiser of any cancellation of any Ticket by email to firstname.lastname@example.org by no later than 1 month prior to the date of the Event.
7.7 The Event Organiser is not under an obligation to refund the Delegate for any Ticket that is cancelled or for any Delegate that does not attend the Event.
7.8 The Event Organiser may accept an individual to replace the original Delegate to attend the Event without charge; this is on the condition that the Delegate provides the Event Organiser with at least two Business Days notice to email@example.com prior to the Event. Such notice must include the individual’s name and/or any dietary requirements. In this instance the Event Organiser cannot ensure that any booked meetings, workshops or other arrangements can be transferred to the replacement individual.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Each party owns and controls their respective Intellectual Property Rights.
8.2 Any Intellectual Property Rights arising from the Event, including any materials supplied to the Delegate are owned by the Event Organiser, unless otherwise stated on the Event Materials or indicated by the Event Organiser, save for clause 8.3 below.
8.3 The Presenters at the Event are responsible for their materials and content.
8.4 The Event Organiser is not responsible for any materials used by the Presenters which infringe any third party rights or Intellectual Property Rights.
9.1 Each party undertakes that it shall not at any time during the Event, and for a period of five years after the Event, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 9.2.
9.2 Each party may disclose the other party's confidential information:
9.2.1 to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 9; and
9.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
9.3 No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with these Conditions. A party may disclose the other party's Confidential Information to those of its representatives who need to know such Confidential Information, provided that:
9.3.1 it informs such representatives of the confidential nature of the Confidential Information before disclosure; and
9.3.2 at all times, it is responsible for such representatives' compliance with the confidentiality obligations set out in this clause.
10. DATA PROTECTION
10.1 Each party shall comply with all the obligations imposed on a controller under Data Protection Legislation.
10.2 Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation in relation to the Shared Personal Data. In particular, each party shall:
10.2.1 assist the other party, at the cost of the other party, in ensuring compliance with its obligations under the UK Data Protection Legislation with respect to security, personal data breach notifications, data protection impact assessments and consultations with supervisory authorities or regulators; and
10.2.2 notify the other party without undue delay on becoming aware of any breach of the UK Data Protection Legislation.
11.1 Without limiting its other rights or remedies, the Event Organiser may terminate these Conditions and/or invalidate a Ticket with immediate effect by giving notice to the Delegate if:
11.1.1 the Delegate commits a material breach of any term of these Conditions and fails to remedy that breach within 7 days of that party being notified in writing to do so;
11.1.2 the Delegate takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
11.1.3 the Delegate suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; and/or
11.1.4 the Delegate fails to make the required payment for the Ticket.
11.2 Without limiting its other rights or remedies, the Event Organiser may terminate these Conditions and/or invalidate the Delegate’s Ticket with immediate effect by giving written notice to the Delegate if the Delegate fails to pay any amount due under these Conditions on the due date for payment.
11.3 On termination of these Conditions and/or invalidation of the Delegate’s Ticket for any reason the Delegate shall immediately pay to the Event Organiser all amounts due for the Event.
11.4 Termination of these Conditions shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Conditions that existed at or before the date of termination.
11.5 Any provision of these Conditions that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
12. LIMITATION OF LIABILITY
12.1 Nothing in these Conditions shall limit or exclude the Event Organiser's liability for:
12.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
12.1.2 fraud or fraudulent misrepresentation;
12.1.3 any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
12.2 Subject to clause 12.1, under no circumstances shall a party be liable to the other for any of the following, whether in contract, tort (including negligence) or otherwise:
12.2.1 loss of revenue or anticipated revenue;
12.2.2 loss of savings or anticipated savings;
12.2.3 loss of business opportunity;
12.2.4 loss of profits or anticipated profits;
12.2.5 wasted expenditure; and/or
12.2.6 any indirect or consequential losses.
12.3 The Event Organiser shall under no circumstances whatsoever be liable to the Delegate, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Conditions or the Event; and
12.4 The Event Organiser's total liability to the Delegate in respect of all other losses arising under or in connection with these Conditions or the Event, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid for the Ticket by the Delegate.
12.5 The Event Organiser is not liable for the actions of the Presenters, including any materials used by the Presenter which infringe a third party’s Intellectual Property Rights.
12.6 The Event Organiser is not responsible for;
12.6.1 any emails not received by the Delegate due to the Delegate providing incorrect contact details;
12.6.2 emails concerning the Event from the Event Organiser to the Delegate that have been missed,
deleted or otherwise misplaced by the Delegate;
12.6.3 unavailability of Tickets;
12.6.4 any delay in the delivery of the Event; and/or
12.6.5 any changes or modifications made to the Event made either before or after a Booking.
12.7 In the event of a cancellation by the Delegate, the Event Organiser is not responsible for any costs incurred by the Delegate, save for the purchase price of the Event ticket.
13. FORCE MAJEURE
The Event Organiser will not be in breach of these Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control, including cancellation by the Venue. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 4 weeks, the Event Organiser may terminate these Conditions by giving 3 days' written notice to the Delegate.
14. ENTIRE AGREEMENT AND VARIATION
14.1 These Conditions constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
14.2 Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions. Each party agrees that its only liability in respect of those representations and warranties that are set out in these Conditions (whether made innocently or negligently) shall be for breach of contract.
14.3 The Event Organiser reserves the right to vary these Conditions from time to time.
15. NO WAIVER
15.1 Failure to exercise, or any delay in exercising, any right or remedy provided under these Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
15.2 No single or partial exercise of any right or remedy provided under these Conditions or by law shall preclude or restrict the further exercise of that or any other right or remedy.
Except as otherwise provided in these Conditions, no party may assign, sub-contract or deal in any way with, any of its rights or obligations under these Conditions or any document referred to in it.
17.1 A notice given to a party under or in connection with these Conditions shall be in writing and sent to the party at the address given in these Conditions or as otherwise notified in writing to the other party.
17.2 The following table sets out methods by which a notice may be sent and its corresponding deemed delivery date and time:
Email to an address supplied by the Delegate and the email address supplied on the Website.
The Event Organiser may put notice on the Website.
Deemed delivery date and time
At the time of transmission if on a Business Day, otherwise at 10:00 on the next Business Day after transmission.
At the time of transmission if on a Business Day, otherwise at 10:00 on the next Business Day after transmission.
17.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
18. NO PARTNERSHIP
Nothing in these Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
19. THIRD PARTY RIGHTS
A person who is not a party to these Conditions shall not have any rights under or in connection with it.
20. GOVERNING LAW AND JURISDICTION
The validity, construction and performance of these Conditions shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.