Delegate Terms and Conditions
1. Basis of Contract
1.1 The placing of any tickets for sale on our Site (“Tickets”), or otherwise advertising the Tickets for sale, is an invitation to accept offers for such Tickets and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the debit/credit card been charged).
1.2 You may place an order for Tickets via our website, which shall constitute an offer by you to buy the Tickets at the price specified in your order (“Price”). Once you have made payment for the Tickets, we will send you an email acknowledging your order (“Online Order Confirmation”), at which point and on which date (“Online Commencement Date”) the contract between you and us will come into existence (“Contract”).
1.3 Subject to clause 3 of these Terms and Conditions, where you contact us by any means, other than online (including, without limitation, by email, sending in a booking form, accepting a guest ticket or by telephone), about purchasing Tickets, we may process the booking and send you an invoice payable in accordance with its terms. Once you have ordered a Ticket, we will send you an email acknowledging your order at which point and on which date (“Offline Commencement Date”) the Contract between you and us will come into existence.
1.4 These Terms apply to all orders you place with us to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, customer, practice or course of dealing and constitute the entire agreement between us.
1.5 The Contract shall commence on the Commencement Date and shall (subject to earlier termination or cancellation) continue in force until the relevant Event(s) has taken place, at which point it shall expire automatically.
2 Events
2.1 We do not give any representation, warranty or undertaking in relation to the Events. Any representation, undertaking, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that an Event is suitable for your purposes and do not guarantee any specific results from participating in an Event.
2.2 The details and/or specification for Events and/or the Tickets, as set out on the Site or otherwise advertised, is published for the sole purpose of giving an approximate description of the Events and/or the Tickets. They will not form part of the Contract or have any contractual force.
2.3 We reserve the right to change the following at any time on written notice posted on our website:
(a) any of the speakers scheduled to speak at an Event;
(b) any of the guests scheduled to attend an Event; and/or
(c) the venue or scheduled time or date of an Event (in which case we shall notify you by email),
and in no event will any of the above listed changes entitle you to a refund for the Price of a Ticket.
2.4 Your attendance at an Event is subject to your compliance with our policies and procedures in force from time to time (or those of our third party suppliers), including (without limitation):
(a) any health and safety and security policies of our third party suppliers notified to you at, or prior to, an Event;
(b) any drinking or drugs policies of our third party suppliers notified to you at, or prior to, an Event;
(c) any admissions policies of our third party suppliers notified to you at, or prior to, an Event;
(d) our diversity charter, and
(e) any diversity and inclusion policies of our third party suppliers notified to you at, or prior to, an Event.
2.5 We accept no responsibility for the actions of others while under the influence of alcohol served at any Event. It is also acknowledged by you that it is unlawful for any person under the age of 18 years old to consume alcoholic beverages.
2.6 As an attendee of an Event you have a duty to maintain health and safety standards for your own and others’ benefit. Failure to comply with any laws, health and safety and/or restrictions imposed by the venue or any of our third party suppliers may result in immediate removal from the Event without any refund or compensation.
2.7 You shall not engage in canvassing, leafleting, unauthorised demonstrations, objectionable behaviour (determine in our sole discretion), or any other activity which may disrupt an Event.
2.8 If you fail to comply with clauses 2.5, 2.6, 2.7 of these Terms and Conditions or any of the policies listed in clause 2.4 of these Terms and Conditions, or otherwise breach the Contract in any way, neither we, nor our third party suppliers, shall be obliged to grant you access to an Event and/or shall be entitled to remove you from an Event. In such circumstances, no refund for the Price of any Ticket shall be provided.
2.9 We shall use reasonable endeavours to comply with all applicable laws relevant to performance of our obligations under the Contract as well as any conditions attached to any licences or consents issued in connection with an Event including regarding health and safety and crowd security measures.
2.10 The Ticket(s) is non-transferable and may not be shared with any other person. For the avoidance of doubt this means you cannot attend a portion of an Event and pass the Ticket to a third party in order that they might attend the remaining portion of an Event. If you fail to comply with this clause 2.10, without prejudice to any other rights or remedies we may have, we shall be entitled to invoice you for the price of another Ticket to that Event which shall be payable in accordance with clause 3 of these Terms and Conditions.
2.11 In the absence of any negligence by us, we are not responsible for any property (personal or otherwise) brought to an Event by you, that is stolen or damaged at the Event. You accept that you bring property to an Event at your own risk.
2.12 If you bring any electrical items to an Event, you shall not be permitted to use such items unless and until they have been PAT tested to our satisfaction and you shall provide, on request, evidence of such PAT testing.
3 Price and Payment
3.1 The Price for the Tickets is as set out on our website, or as otherwise agreed between you and us and is exclusive of VAT (to the extent applicable).
3.2 If purchasing Tickets online, payment of the Price must be made by credit or debit card or such other options made available by the payment processor at the time of ordering the Tickets.
3.3 If purchasing Tickets offline, we will provide you with an invoice following receipt of your order and payment of the Price must be made in full and cleared funds either (i) within 30 days of the date of such invoice, or (ii) prior to the Event (whichever is the earlier).
3.4 No deductions may be made from, nor purported right of set-off exercised, in relation to the Price.
4 Cancellation or Rearrangement of an Event
4.1 We reserve the right to cancel or re-arrange an Event for any reason (including, without limitation, by reason of a Force Majeure Event). We shall notify you of the cancellation or rearrangement as soon as possible. The parties agree that:
(a) we shall not be in breach of the Contract by virtue of that cancellation, abandonment or rearrangement;
(b) any rearrangement of an Event shall not entitle you to a refund in accordance with clause 4.2 but you may transfer your relevant Ticket(s) to an alternative event we run from time to time.
4.2 If we cancel an Event in accordance with clause 4.1 of these Terms and Conditions, we shall (save where the Event was cancelled by reason of a Force Majeure Event) issue you with a refund for the Price of the Ticket for that Event issued within 14 days of the cancellation unless you give us written notice that you would prefer to exercise your rights pursuant to clause 4.1(b) above.
5 Data Protection
5.1 We collect and use certain types of information about you in order to provide Tickets and/or Events. For more information on how and why we collect and use your personal data, please see our privacy policy a copy of which can be found here.
5.2 Please note that we (or our third party suppliers) may take pictures and/or videos of an Event and may use these for after-Event promotion. It should not be possible to identify individuals from such pictures and/or videos but if you have any concerns about this, we must be notified in writing prior to the Event.
6 Liability
6.1 Nothing in the Contract excludes or limits the liability of either party:
(a) for death or personal injury caused by that party’s negligence;
(b) for fraud or fraudulent misrepresentation;
(c) for any liability that is not permitted to be limited or excluded by law.
6.2 Subject to clause 6.1 of these Terms and Conditions, we shall not in any circumstances be liable to you whether in tort (including for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise for loss of profits, loss of business, depletion of goodwill or similar losses, loss of anticipated savings, loss of agreement, loss of use or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
6.3 Subject to clause 6.1 of these Terms and Conditions, our total aggregate liability in contract, tort (including without limitation negligence or breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising out of or in connection with the performance or contemplated performance of the Contract shall be limited to the value of the Price paid by you for the Tickets giving rise to the claim.
6.4 We shall not be liable to you to the extent that any loss, damages, costs, expenses, claims or proceedings are caused by (i) any failures of any third party suppliers to provide the Events, and/or (ii) any act, omission, abnormal use or neglect by or on behalf of, or in accordance with the instructions of, you.
7 Force Majeure
7.1 We will not be liable to you for any delay, disruption to, or failure to provide, the Tickets and/or Events to the extent that such delay, disruption or failure is caused, or contributed to, by a Force Majeure Event.
7.2 In the event of any delay, disruption to, or failure to provide, the Tickets and/or Events by reason of a Force Majeure Event, we shall use reasonable endeavours to find an alternative date for an Event. For the avoidance of doubt, you shall not be entitled to a refund of the Price (in whole or in part) if we are able to find an alternative date for an Event.
7.3 If we are unable to find an alternative date for an Event, we shall not be obliged to refund the Price (in whole or in part) to you, whether or not the Price was paid in advance, to the extent that we have incurred (or are committed to) non-refundable costs for the provision of the Event, in which case the balance of the Price net of such non-refundable costs shall be refunded to you
7.4 For the purposes of this clause 7, ‘Force Majeure Event’ means any circumstance not within a party’s reasonable control including acts of God, flood, storm, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, collapse of buildings, breakdown of plant or machinery, fire, explosion or accident.
8 General
8.1 No partnership or agency. Nothing in the Contract 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, or authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
8.2 Notices. Notices required to be given under the Contract can be sent by email. Notices shall be deemed to have been duly received:
(a) if delivered personally, when left at the registered address of the relevant party or otherwise the address notified by the recipient to the other party in writing;
(b) if sent by email at the time of transmission.
8.3 Anti-Bribery and Modern Slavery. Each party shall comply with the Bribery Act 2010 and the Modern Slavery Act 2015 and not do, or omit to do, any act that will cause the other to be in breach of the Bribery Act 2010 or the Modern Slavery Act 2015.
8.4 Assignment and Sub-Contracting. You may not assign, delegate, transfer, sub-contract, charge or otherwise dispose of all or any of your rights and responsibilities under the Contract without our prior written consent.
8.5 Further Assurance. At any time, you shall sign all documents and do or cause to be done all further acts and things as we may reasonably require to give full effect to the terms of the Contract.
8.6 Entire agreement. The Contract contains all the terms which the parties have agreed with respect to its subject matter and supersedes all previous agreements and understandings between the parties (whether oral or in writing) relating to such subject matter. Each party acknowledges and agrees that it has not been induced to enter into the Contract by a statement or promise which it does not contain.
8.7 Third Party Rights. For the purposes of the Contracts (Rights of Third Parties) Act 1999 no person who is not a party to the Contract shall have any right to enjoy the benefit or enforce any of the terms of the Contract.
8.8 Variation. We may vary these Terms at any time during the Term on written notice to you.
8.9 Waiver. Failure to exercise (or to fully exercise), or any delay in exercising, any right or remedy provided under the Contract 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 under the Contract or by law.
8.10 Severability. If any provision of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction then it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible that provision shall be deemed to be omitted from the Contract in so far as the Contract relates to that jurisdiction and the validity and enforceability of that provision in other jurisdictions and the other provisions of the Contract shall not be affected or impaired.
8.11 Governing Law. The Contract and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales.
8.12 Jurisdiction. The parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with the Contract, its subject matter or its formation (including non-contractual disputes or claims).