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DelegateManager Terms & Conditions

Version 1.3.1 - Last updated 23 May 2017

The following terms and conditions govern all use of the website and all content, services and products available at or through the website, including the delegate event registration service and dashboard, the event management service (taken together, the "Website"). The Website is owned and operated by 20/20 Productions Europe LTD as "DelegateManager". The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, DelegateManager's Privacy Policy) and procedures that may be published from time to time on this website by DelegateManager (collectively, the "Agreement").

In the Agreement, references to "we", "our", "us" and "DelegateManager" are to DelegateManager and 20/20 Productions Europe ltd. 20/20 Productions Europe Ltd. is a company registered in Scotland under company no SC12748 and having its registered office address at 181 Pleasance, Edinburgh, EH8 9RU. Our VAT number isĀ 553604941.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you have opened or are applying to open a User account through our Website or if such an account has been opened on your behalf, you are a User and you agree to become bound by this Agreement. Our Agreement is with both the individual User and any event organiser on whose behalf the individual User is acting and references to "you" or to the "User" shall include a reference to any such User.

If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by DelegateManager, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Term definitions

For the purpose of this document, the terms in bold are defined as follows:

20/20 Productions Europe Ltd.

DelegateManager Services include the provision of the platform (of which Delegates can register on the system and USERs can access data) and Support Services (ongoing care provided during the Event lifecycle to USERs).

The actual system that's been created which allows Delegate's to register for an Event.

The specific item Delegate's book onto within an Instance of DelegateManager.

The individual who accesses any Instance of DelegateManager to view dashboard statistics and/or admin control panel to create instances and any event organiser on whose behalf an account has been opened.

The individual who accesses any Instance of DelegateManager to register for an Event or view event information.

Material that exists on the Website, specific to the Instance

1. Your DelegateManager Account and Site

User's (regardless of authentication level) are responsible for maintaining the security of your account and Event, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Event. You must not describe or assign keywords to your Event in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and DelegateManager may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause the Company liability. You must immediately notify DelegateManager of any unauthorised uses of your Event, your account or any other breaches of security. The Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Delegates are those individuals who are invited (in some way) to visit the DelegateManager platform, and if applicable, register for an Event. This act created an account on the DelegateManager system (though only this Instance) allowing the said Delegate to revisit during the life cycle of the Instance to change their booking details. Delegates are responsible for maintaining the security of their account. You must immediately notify DelegateManager of any unauthorised use of your account. The Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Delegates and Users

If you operate an Event, register for an Event, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, is hereafter defined as, "Content"). You are entirely responsible for the content of, and any harm resulting from, that Content. This is the case regardless of whether the Content in question constitutes text, graphics, an audio file or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, trojans or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your Event is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other events and web sites, and similar unsolicited promotional methods;
  • your Event not named in a manner that misleads your readers into thinking that you are another person or company. For example, your event's URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by DelegateManager or otherwise. By submitting Content to DelegateManager for inclusion on the Website, you grant DelegateManager a world-wide, royalty-free, and non-exclusive license to use, modify, adapt and publish the Content solely for the purposes of displaying, distributing and promoting your Event. If you delete Content, DelegateManager will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of the representations or warranties above, DelegateManager has the right (though not the obligation) to, in DelegateManager's sole discretion (i) refuse or remove any Content that, in DelegateManager's reasonable opinion, violates any DelegateManager policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. DelegateManager will have no obligation to provide a refund of any amounts previously paid.

3. Personal data held by the User

Appropriate measures should be taken at all times to ensure the security and compliance of data held by the User (out with the DelegateManager platform), in accordance with the General Data Protection Regulations (GDPR), the Data Protection Bill and other applicable laws.

'Personal data' within the meaning of the Act which you submit to us will be proceeded by DelegateManager in accordance with our Privacy Policy as data controllers.

The User will become data controller in common with DelegateManager in relation to the Personal Data of Delegates which is made available to User account for an Event. Each user accepts that the Personal Data of Delegates available in their account is to be processed by them strictly in accordance with the instructions of the User on whose behalf they are acting (if any), both during and after they have ceased to be a representative of the Users concerned.

Personal Data of the Delegates should be processed solely for the purpose of the Event for which they are registered and should not be proceeded for any other purpose save where this is compatible with the Act.

The User agrees to take appropriate technical and organisational measures to protect the security and integrity of Personal Data made available through our Website and to otherwise comply with the Act in relation to all Personal Data disclosed by DelegateManager or through our Website.

4. Responsibility of Website Visitors

DelegateManager has not reviewed, and cannot review, all of the Content, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, DelegateManager does not represent or imply that it endorses the material or Content there posted, or that it believes such material or Content to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojans, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. DelegateManager disclaims any responsibility for any harm resulting from the use by prospective Delegates of the Website, or from any downloading by those prospective Delegates of content there posted on the Website.

5. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which DelegateManager links, and that link to DelegateManager. DelegateManager does not have any control over those non-DelegateManager websites and webpages, and is not responsible for their contents or their use. By linking to a non-DelegateManager website or webpage, DelegateManager does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojans, and other harmful or destructive content. DelegateManager disclaims any responsibility for any harm resulting from your use of non-DelegateManager websites and webpages.

6. Intellectual Property Infringement

As DelegateManager asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material or Content located on or linked to by DelegateManager violates your intellectual property rights, you are encouraged to notify DelegateManager. DelegateManager will respond to all such notifications, which may include, as required or appropriate by removing the infringing material or disabling all links to the infringing material. DelegateManager will terminate a visitor's access to and use of the Website if, under appropriate circumstances, (to be decided at the sole discretion of DelegateManager), the visitor is determined to be a repeat infringer of the intellectual property rights of DelegateManager or others. In the case of such termination, DelegateManager will have no obligation to provide a refund of any amounts previously paid to DelegateManager.

7. Intellectual Property

This Agreement does not transfer from DelegateManager to you any DelegateManager or third party intellectual property rights, and all right, title and interest in and to such property will remain (as between the parties) solely with DelegateManager. DelegateManager, DelegateManager Check In, AttendeeManager, the DelegateManager logo, and all other trademarks, service marks, graphics and logos used in connection with DelegateManager, or the Website are trademarks or registered trademarks of DelegateManager or DelegateManager's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DelegateManager or third-party trademarks.

8. Payment

All sums payable to the Company under the Agreement shall be made in accordance with this clause 8 (unless otherwise agreed in writing by the parties).

8.1 Any sums owed to the Company, shall be paid to the Company the price without any setoff, deduction, retention or counter claim, howsoever arising.

8.2 The price excludes:

  1. unless otherwise set out in the any quotation, the cost of hotel, subsistence, travelling and any other ancillary expenses reasonably incurred by the individuals whom the Company engages in connection with the Services, the cost of any materials and the cost of services reasonably and properly provided by third parties and required by the Company for the supply of the Services. Such expenses, materials and third party services shall be invoiced by the Company; and
  2. VAT, which the Company shall add to its invoices at the appropriate rate.

8.3 Without prejudice to any other right or remedy that it may have, if any sums due to the Company are not paid to the Company on the due date, the Company may:

  1. charge interest on such sum from the due date for payment at the annual rate of four per cent above the base lending rate from time to time of The Royal Bank of Scotland plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and the interest shall be paid immediately on demand; and
  2. suspend all Services until payment has been made in full.

8.4 Time for payment shall be of the essence of the Agreement.

8.5 All sums payable to the Company under the Agreement shall become due immediately on its termination of the Agreement for any reason whatsoever, despite any other provision. This condition 8.5 is without prejudice to any right to claim for interest under the law, or any such right under the Agreement.

8.6 The Company may, without prejudice to any other rights it may have, set off any liability of the customer to the Company against any liability of the Company to the customer.

9. Advertisements

DelegateManager will not display advertisements on your Event page.

10. Attribution

DelegateManager reserves the right to display attribution links such as 'powered by DelegateManager' in the footer of each Instance. Footer credits may not be altered or removed regardless of upgrades purchased.

11. Changes

The Company reserves the right, at its sole discretion, to modify or replace all or any part of this Agreement. It is your responsibility to check this Agreement periodically for any changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. DelegateManager may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement as may be updated from time to time.

12. Termination

DelegateManager may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your DelegateManager account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Disclaimer of Warranties

The Website is provided "as is". DelegateManager and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DelegateManager nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

14. Limitation of Liability

Our software and service is provided "as is" from time to time. to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.

We will not be liable to you for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our website; or
  • use of or reliance on any content displayed on our website.
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Our maximum aggregate financial liability to you is limited to the sums paid by you for services under this agreement during the previous twelve (12) month period prior to the cause of action, in connection with any and all claims.

You agree not to bring legal proceedings of any kind against any company which or person who may from time to time own shares in 20/20 Productions Europe Ltd or any of our officers or employees in each case in connection with our website or service.

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by scots law.

15. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the DelegateManager Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

16. Indemnification

You agree to indemnify and hold harmless the Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

17. Miscellaneous

This Agreement constitutes the entire agreement between the Company and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorised executive of the Company, or by the posting by DelegateManager of a revised version. Your Agreement with us on the basis of these terms of use and any non-contractual claims arising from your use of our Website will be governed by the laws of Scotland and the courts of Scotland shall have exclusive jurisdiction in relation to any disputes arising under or in connection therewith subject in the case of consumers to any overriding mandatory provisions of the jurisdiction in which the consumer is located, we shall be entitled to commence and prosecute legal proceedings agains you in the courts of any jurisdiction. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DelegateManager may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assignees.