CTO CRAFT LIMITED – TERMS AND CONDITIONS FOR CONFERENCING EVENT
CTO Craft Limited is a company registered in England and Wales with company number 10792529 and registered office address at 86-90 Paul Street, London, EC2A 4NE (“we” and ”us”).
These terms and conditions (hereinafter “Terms”) govern your attendance at and/or participation at the CTO Craft Con: The Strategic CTO event to be held on 23rd and 24th May 2023 (“Event”).
By registering for the Event, either online at https://conference.ctocraft.com/ or by signing these Terms below, you are agreeing to these Terms, which forms a legal contract between us, and the registered attendee (“you”). If you are registering on behalf of another it is your responsibility to ensure that the person attending is aware of the contents of these Terms and accepts them, and by completing the registration you are representing and warranting that you have made the attendee aware of the contents of these Terms and that they have accepted these Terms.
In these Terms the following terms have the following meanings:
“Business Days” means any day other than Saturday, Sunday, or a statutory Bank Holiday in England & Wales;
“Confidential Information” means information of an operational, administrative, financial or business nature, or which is Personal Data, Sensitive Personal Data or otherwise, and which comes into a party’s possession under or in connection with these Terms that (a) is identified as confidential to the other party; or (b) ought reasonably to be considered as confidential to the other party (whether or not identified as confidential), and in any case shall include (i) any information relating to a party including information in respect of a party’s business, activities, personnel, customers, products, business plans, business developments, finances, marketing plans, management systems, new business opportunities, ideas, know-how, processes, policies and/or procedures;
“Data Controller” has the meaning set out in the Data Privacy Laws;
“Data Privacy Laws” means all legislation and regulatory requirements in force from time to time relating to the use of Personal Data and the privacy of electronic communications, including, without limitation (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 as amended and updated by the Data Protection Act 2018 or any successor legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy (for so long as and to the extent that the law of the European Union has legal effect in the UK) and (iii) all codes of practice and guidance issued by national regulators relating to the laws, regulations and EU legislation mentioned in (i) and (ii) above;
“Data Subject” has the meaning set out in the Data Privacy Laws;
“Force Majeure Event” has the meaning set out in clause 15.1;
“IP” means any and/or all rights in software, inventions, patents, copyrights, design rights, trademarks and trade names, database rights, domain names, service marks, trade secrets, know-how, rights in Confidential Information and other intellectual property rights (whether registered or unregistered) and all applications and registrations for and extensions and renewals of such rights or any of them, anywhere in the world;
“Personal Data” has the meaning set out in the Data Privacy Laws;
“Sensitive Personal Data” has the meaning set out in the Data Privacy Laws;
“Terms” means these terms and conditions, the booking, and any documents stated in any of them as being incorporated by reference;
“Venue” Tobacco Dock, London.
The words “including”, “include”, “for example” and any similar word or expression are illustrative and are not intended in any way to limit the sense or interpretation of preceding words, and any words which follow them shall not be construed as being limited in scope to the same class as the preceding words where a wider construction is possible.
Clause headings and sub-headings are not to be used in its interpretation.
References to these Terms or any other document are to these Terms or that document as in force for the time being and as amended, supplemented, varied, modified, renewed or replaced or extended.
YOUR ATTENDANCE AT THE EVENT
Your registration entitles you to admittance to the Event. Any and all other costs associated with your attendance (including without limitation any travel and/or accommodation expenses) shall be borne solely by you and we shall have no liability for such costs.
During the Event, you shall conduct yourself in an orderly manner and shall not act in any manner which causes offence, annoyance or inconvenience to other attendees or speakers. You shall not canvass, promote, advertise or solicit for business in a manner which, in our sole discretion, is deemed unacceptable. We, in our sole discretion and without any liability or obligation to refund, reserve the right to request your removal from the Event if we consider your presence and/or behaviour to create a disruption, nuisance or hinder the Event and/or the enjoyment of the Event by other attendees or speakers; represent a security or health & safety risk to the Event and/or any other attendees or speakers; and/or fail to comply with, or are likely to fail to comply with these Terms.
Any use of photographic, audio, video or other recording equipment at the Event is strictly prohibited, unless it is approved by us in writing in advance. By attending the Event, you acknowledge and agree to grant us the right at the Event to record, film, photograph or capture your likeness in any media now available and hereafter developed and to distribute, broadcast, use or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to us includes, but is not limited to, the right to edit such media, the right to use the media (alone or together with other information), and the right to allow others to use and/or disseminate the media.
There is no entry to those under 18 years old unless previously authorised and accompanied by an adult chaperone. Please make alternative childcare arrangements, we offer no childcare facilities at the Event.
Please note there are no pets or animals permitted, excepting service animals.
You are responsible for arranging your own appropriate insurance cover in connection with your attendance at the Event. We and our related partners will not be liable for any injury or damage to any person or to any real or personal property howsoever caused (except for death or personal injury as a result of our negligence or for any other type of liability that cannot by law be excluded or limited).
The payment of the applicable fee(s) for the Event is due upon registration. If such payment is insufficient or declined for any reason we may refuse to admit you to the Event and shall have no liability in that regard.
The fee(s) may be subject sales tax, value added tax, or any other taxes and duties which, if applicable, will be charged to you in addition to the fee(s).
The tickets you purchase for the Event are for your own personal use or that of your business only and may not be resold under any circumstances.
Reselling or otherwise transferring your ticket, not in accordance with these Terms, will void the ticket and the ticket holder will not gain entry into the Event. Where there has been any resale or attempted resale of any tickets (or any other breach of these Terms), we reserve the right to cancel the relevant tickets purchased by any person or body whom we reasonably believe to be associated with any ticket re-selling or ticket broker with immediate effect.
CANCELLATION BY YOU
If you cancel your attendance, you will not be entitled to a refund however if you are unable to attend the Event, you may transfer your ticket to a colleague or friend with our prior written approval. For transfer requests please email firstname.lastname@example.org.
CHANGES OR CANCELLATION OF THE EVENT BY US
We reserve the right to cancel the Event at our sole discretion for any reason and at any time. In the event of cancellation for any reasons other than due to a Force Majeure Event, we will use our reasonable endeavours to run the Event as soon as reasonably practicable and transfer these Terms (and already paid monies) to an alternative date at no extra fee. If we do not arrange a replacement Event, we will refund you any registration fees paid. In all circumstances, we will use reasonable endeavours to notify you of such cancellation.
In the unlikely event of cancellation of the Event, our total aggregate liability to you is limited to the refund of paid fees that remain after credit card and payment processing fees have been incurred and deducted, and we will not be liable to you for any expenditure, damage or loss incurred by you as a result of the cancellation.
If the Event is postponed by us, we will provide you with a substitute ticket for the new Event. If you are unable to attend on the rescheduled date, you will receive a credit for 100% of the fee paid. You must use this credit for another of our events to be mutually agreed with us and which must be used within one year from the date of the postponed event.
We reserve the right to make any changes to the Event at any time without prior written notice. For example, such changes may include but are not limited to, changing the Event name, content, programme, speakers, performers, hosts, moderators, time, date, and/or the Venue. We reserve the right to do so at any time and will not be liable to you for any cost incurred by you as a result (including, without limitation, travel, accommodation and other expenses). We will endeavour to notify you as soon as reasonably practicable of any substitutions, postponements, or changes.
You must comply with the rules and regulations governing the Venue. If you bring any property to the Venue, you do so at your own risk. We are not responsible for any loss and/or damage to such property. If you are using car parking facilities at the Venue, you do so entirely at your own risk. We do not accept any responsibility for any loss and/or damage resulting from your use of such car parking facilities.
Where you provide us with Personal Data of third parties, you warrant, represent and undertake that you have complied with all applicable Data Privacy Laws in respect of such Personal Data, including obtaining all permissions, consents and approvals of Data Subjects to provide their respective Personal Data to us.
The personal information you provide upon registering for the Event will be held on our database and accessed by us for marketing purposes.
If you specifically opt in to sharing your Personal Data with third parties when registering for the Event, you consent to your Personal Data being shared with selected event sponsors who from time to time would like to keep in touch with you to let you know about other related products and services they provide. This includes name, company, job title, country, contact details and other information collected during the registration process.
For security and identification reasons, we require all attendees to:
bring formal identification with you to the Event; and
if required by the Venue, to wear ID badges throughout the Event.
Any and/or all IP in the Event materials shall be our sole and exclusive property (or the appropriate third party owner(s), if any) and you shall not acquire any rights in such event materials, including any developments or variations of them.
Nothing in these Terms grants you any legal or beneficial rights in or to any IP in the Event materials. You agree not to reproduce, sell, and/or copy (in whole or in part) the Event material, except for purposes of social media posting. Audio and visual recordings for the distribution of commercial materials are not permitted without our prior consent. If you would like to use the Event materials for anything else, please seek our prior written approval.
TERM & TERMINATION
These Terms shall be effective from (and including) the day you register either through our online ticket booking system or the time you sign these Terms below (and including) the last day of the Event.
We may terminate these Terms with effect at any time immediately by giving you 14 days’ prior written notice.
We shall be entitled to terminate these Terms in accordance with clauses 3 (Fee(s)) and 15.1(Force Majeure).
EXPIRY & TERMINATION CONSEQUENCES
Expiry or termination shall not prejudice any other rights or remedies you or us may be entitled to, nor will it affect the accrued rights and liabilities of either of us, nor the coming into or continuance in force, of any provision of these Terms which is intended (explicitly or implicitly) to come into or continue in force, on or after such expiry or termination.
To the extent permitted by the applicable law, we disclaim all warranties or conditions, either express or implied, or any part of them in respect of any aspect of the Event or any related materials. You acknowledge and agree that in accepting these Terms you have not relied on any representation or warranty that is not expressly included in these Terms and you agree that you shall have no remedy in respect of any misrepresentation which has not become a part of these Terms.
LIMITATION OF LIABILITY
You acknowledge and agree that views expressed by speakers at or in connection with the Event are their own and we do not accept any responsibility or liability for any advice given or views expressed during or in connection with the Event.
Materials shared or distributed at or in connection with the Event are intended for information purposes only and should not be relied upon by you or others. We and our related partners do not provide any guarantees, conditions or warranties that the materials are complete or accurate and do not accept any responsibility or liability for reliance by you or any person on any aspect of the Event and/or any information provided at the Event.
To the fullest extent allowed by applicable law, we shall not (whether in contract, tort, negligence, statutory duty or otherwise) be liable to you under these Terms for consequential, indirect or special damages (including indirect loss of profit and indirect loss of revenue).
Nothing in these Terms is intended to limit or exclude our liability for (a) death or personal injury caused by our negligence, and (b) fraud or fraudulent misrepresentation.
Subject to the clauses above, our maximum aggregate liability to you under these Terms (whether arising in contract, tort, negligence, statutory duty or otherwise) shall not exceed the registration fees you paid to us.
You shall fully and effectively indemnify and hold harmless us, our related companies, affiliates, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors against all losses, actions, costs (including legal fees and disbursements on a solicitor/client basis), claims, demands, fines, damages and liabilities, of whatever nature, incurred or suffered by or made against us, whether or not foreseeable, arising directly or indirectly, wholly or in part, out of or in connection with any breach of these Terms by you.
You shall not exclude or limit your liability under any indemnities given by you under these Terms.
If the performance of our obligation under these Terms is hindered, delayed or prevented, such as if the Event is abandoned, cancelled or suspended in whole or in part by reason of, without limitation, a natural disaster, war, fire, national emergency, epidemics, pandemics, civil emergencies, civil unrest, labour dispute, strike, lockdown, civil disturbance, inevitable accident, national mourning bank holiday, the non-availability of the Venue, or any other cause not within our control whether ejusdem generis or not (“Force Majeure Event”), we shall be under no liability to you in any way whatsoever and howsoever (whether in contract, tort, or otherwise) arising out of or in connection with any such abandonment, cancellation, suspension or postponement of the Event or the replacement of the Venue. In such circumstances, we reserve the right not to refund your registration fees and advise that insurance should be taken to cover such eventualities. You shall remain liable for all payments under these Terms irrespective of any failure of transport or other reason why you are unable to attend the event.
Notwithstanding clause 15.1, should government guidelines relating to Coronaviruses (including stringent social distancing) do not allow this Event, we will postpone the Event and use our reasonable endeavour to run the Event as soon as reasonably practicable and transfer these Terms (and already paid monies) to an alternative date at no extra fee, subject to all funds and these Terms being honoured. We will notify you as soon as possible if we do so.
Third party Rights. Unless expressly stated, no provision of these Terms is enforceable by, or intended to benefit, any person who is not a party to these Terms.
Severability. If any provision of these Terms is held by a court to be unenforceable, then that provision shall be deemed to be amended to the extent necessary, and in a manner consistent with the intentions of the parties, to make it and these Terms fully enforceable. The unenforceability of any provision of these Terms shall not affect the remaining provisions.
Waiver. A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Variation. Except as set out in these Terms, no variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Further assurance. Each party shall do and execute, or arrange for the doing and executing of, any act and/or document reasonably requested by any other party to implement and give full effect to the terms of these Terms.
Entire Agreement. These Terms set out the entire understanding of the parties in relation to their subject matter and supersedes any prior understanding or agreement between the parties whether oral or written. Nothing in these Terms shall, however, limit or exclude any liability for fraud or fraudulent misrepresentation.
GOVERNING LAW AND JURISDICTION
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or its subject matter or formation.
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