TERMS

SECTION 1: Website Terms and Conditions of Use

This website (the “Website”) is operated by Auctane Limited (“Metapack”, and references to “us”, “we” or “our” shall be construed accordingly as meaning Metapack) a company registered in the UK (company no. 03870530) and with its registered office at 200 Gray’s Inn Road, London WC1X 8XZ. 

Your use of this Website is subject to the following Website Terms & Conditions of Use (the “Website T&Cs”), which you are deemed to accept by using the Website. 

  1. Additional Terms

Additional terms will apply to:

Any booking or purchase that you make through this Website either to attend a conference, including a virtual conference (see Booking Terms & Conditions); and Metapack’s use of your registration and other personal data (see Privacy Policy). 

  1. Prohibited Use

You agree not to use this Website:

• To create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from this Website except where expressly permitted on the Website;
• To transmit or re-circulate any material obtained from this Website to any third party except where expressly permitted on this Website;
• To disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• To disseminate any material which is abusive, defamatory or obscene, may harass, offend or inconvenience any person, applauds, encourages or entices abuse, discrimination or criminal activity or which might restrict or inhibit the use and enjoyment of the Website by any person;
• To disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• In any way that might infringe third party privacy or other rights, is unlawful or that might bring Metapack or any of its subsidiaries into disrepute. 

The above list is indicative only and you must therefore comply with all other obligations applicable to you under this Website T&Cs and applicable law.

If you use the Website in a way that is unlawful or if your use of the Website otherwise causes damage to us or to any third party, you must indemnify us. This means that you must cooperate with us in defending ourselves and you must indemnify us against any loss or damage that we may suffer as a result of such claims.  

  1. Information and Availability

Whilst we take every care to ensure that the information on this Website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this Website is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability. 

  1. No Reliance.

The information on this Website does not necessarily reflect the views and opinions of Metapack or any of its brands. Neither should any suggestions or advice contained on this Website be relied upon in place of professional advice. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given on this Website before entering into any commitment based upon them.

  1. Website Links.

On this Website you may be offered automatic links to other websites. You acknowledge that the content on those pages is not subject to our control, their owners may be independent from us and we do not endorse or accept any responsibility for their content. We welcome ‘hot links’ from this Website, but you may not display the contents of our Website (or any page from it) or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to licence our material, please contact us.

  1. Viruses, etc.

We will use reasonable endeavours to ensure that the Website does not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the Website and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website.

  1.              Intellectual and Industrial Property.         

We are the owner of the intellectual and industrial property rights of the Website and all its elements. This includes, by way of example:

  • All rights to the source code, object code, interface, databases and other elements of the Website.
  • All the content of the Website (images, texts, videos, etc.).
  • All rights to the trademarks, trade names and other distinctive signs of Metapack.

You are not authorised to reproduce, distribute, publicly communicate or transform the Website or its content, except for the purpose of referring to Metapack or its associated brands lawfully and in good faith only.

  1.              Temporary and /or permanent suspension of access to the Website.         

Your access to the Website may be suspended or terminated without notice and without liability to Metapack if we know or reasonably suspect that you are in breach of this Website T&Cs or applicable law.

We may also temporarily or permanently (as the case may be) restrict access to the Website when we are carrying out maintenance or if we cease to provide our services in connection with the Website for any reason.

You shall have no claim against Metapack in connection with any temporary or permanent suspension of your access to the Website.

  1. Registration.

On certain parts of this Website we may require you to register and provide certain information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”; and (b) maintain and promptly update the Registration Data (by sending an appropriately worded email to [email protected], keep it true, accurate, current and complete. 

  1. Submission of Information.

Where information (including sensitive financial or personal information) is provided to Metapack (whether directly through the Website or otherwise) you accept that these methods of communication cannot be 100% secure. Where sensitive financial information is provided to Metapack it uses encryption software to attempt to prevent unauthorized access to this information being obtained. However, Metapack cannot accept any responsibility or liability for any damages (other than liability for death or physical injury arising out of the negligence of Metapack or its officers or any liabilities that cannot, as a matter of law, be excluded) arising from the misuse or loss of data or information submitted by you to Metapack directly through the Website or otherwise. The provision of personal information by you and use of it by Metapack is subject to Metapack’s Privacy Policy which is incorporated in the Website T&Cs. 

  1. General.

In the event that any term of these Website T&Cs are held to be invalid or unenforceable, the remainder of these Website T&Cs shall remain valid and enforceable. Metapack reserves the right to vary these Website T&Cs from time to time. Such variations become effective immediately upon the posting of the varied Website T&Cs on the Website. By continuing to use the website you will be deemed to accept such variations. Nothing in these Website T&Cs shall restrict or exclude any liability that we have to any party which cannot be excluded by law and in particular, and notwithstanding any term of these Website T&Cs, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way. These Website T&Cs shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.

  

SECTION 2 – BOOKING TERMS & CONDITIONS 

  1. INTRODUCTION
    1.1 The Delivery Conference (the “Conference”) is organized and managed by Auctane Limited, (“Metapack”) a company registered in England and Wales with registration number 03870530 and registered office at 200 Gray’s Inn Road, London WC1X 8XZ.

1.2 References to “us” means Auctane Limited and references to “we” and “our” shall be construed accordingly. Reference to “you” means the entity completing a booking request and references to “your” shall be construed accordingly. 

1.3 All applications to register for the Conference are made subject to these Booking Terms & Conditions (the “Booking T&Cs”) (which shall apply to the exclusion of any terms imposed by you).

1.4 You acknowledge and accept that we have the right to publicly announce our business relationship with you which shall include but not be limited to announcements on social media. Such announcements shall not be disparaging or otherwise adverse to your business. 

  1. BOOKINGS

2.1 All applications to register for the Conference are subject to availability and you making full payment (if applicable). 

2.2 Confirmation (or rejection) of your booking shall be at our sole discretion and shall be communicated to you either by (i) email; or (ii) sent to you by post within five (5) working days of our receipt of your booking request. 

2.3 In the case of you attending a physical conference, delegate passes issued for use at the Conference are valid for named attendee only and, subject to clause 4.2 below, cannot be transferred. You may be asked for photographic ID during the Conference. If you are unable to provide identification which matches your delegate pass you may be asked to leave the conference. 

2.4 In the case of a virtual conference, you agree not to share the access/login details to the Conference with any third party.  

  1. PRICES AND PAYMENT

3.1 Our prices for attending the Conference are set out on the relevant registration booking form or the relevant purchase order form or can otherwise be obtained from us upon request or from our Website. Prices may be subject to change from time to time. 

3.2 Payment (if applicable) is due before registration can be completed. 

3.3 Where there is an attendance fee applicable to attend a conference, if you apply to register for the Conference less than two (2) weeks before the date of the Conference we will only accept payment by a credit card, unless we expressly agree otherwise in writing. If for any reason we have not received payment in full by the date of the conference you (or the attending delegate) will be asked as a condition of being allowed to attend the conference to provide payment by credit card on the day of the conference. We reserve the right to cancel your booking at any time if payment is not made.

3.4 Where there is an attendance fee applicable to attend a conference, You acknowledge and accept that If payment is not made in accordance with this Clause 3, interest on the overdue balances (including any period after the date of any judgment or decree against you), and late payment fees, fall due and payable and are calculated upon the basis set out in the Late Payment of Commercial Debts (Interest) Act 1998 (as amended). 

  1. CHANGES TO THE CONFERENCE AND CANCELLATIONS

4.1 It may be necessary for reasons beyond our reasonable control to alter the advertised content, timing and/or location of the conference or the advertised speakers. We reserve the right to do this at any time. Where we alter the time and/or location of the conference, we will provide you with notice of the same and will offer you the choice of either a credit for a future event of your choice (up to the value of sums paid by you in respect of the conference) or the opportunity to attend the conference as varied.

4.2 If you are unable to attend the Conference, we welcome substitute delegates attending in your place at no extra cost provided that we have at least 2 days prior notice of the name of your proposed substitute and have received payment in full. Please notify us of any substitutions by email at: [email protected]. 

4.3 No refunds will be given in respect of any cancellations or non-attendance.

4.4 We shall not be liable to you for travel, accommodation or other costs and expenses incurred (included wasted costs and expenses) if we are required to cancel or relocate the conference as a result of an event outside our control (including, without limitation, to acts of God, floods, lightning, storm, fire, explosion, war, military operations, acts of terrorism or threats of any such acts, any strike action, lock-outs or other industrial action and a pandemic, epidemic or other widespread illness). 

  1. CONTENT

5.1 All rights in all presentations, documentation and materials published or otherwise made available as part of the conference (including but not limited to any documentation packs or audio or audio-visual recording of the conference) (“Content”) are owned by us or are included with the permission of the owner of the rights. No (i) photography, filming or recording; or (ii) republication, broadcast or other dissemination of the Content is permitted. You shall not distribute, reproduce, modify, store, transfer or in any other way use any of the Content (save that use by the relevant delegate for internal business purposes shall be permitted), and in particular (but without limitation) you shall not (and shall procure that each of your delegates shall not):

• 5.1.1 upload any Content into any shared system;
• 5.1.2 include any Content in a database;
• 5.1.3 include any Content in a website or on any intranet;
• 5.1.4 transmit, re-circulate or otherwise make available any Content to anyone else;
• 5.1.5 make any commercial use of the Content whatsoever; or
• 5.1.6 use Content in any way that might infringe third party rights or that may bring us or any of our affiliates into disrepute. 

5.2 The Content does not necessarily reflect our views or opinions. 

5.3 Suggestions or advice contained in the Content should not be relied upon in place of professional or other advice. Whilst we take reasonable care to ensure that the Content created by us is accurate and complete, some of it is supplied by third parties and we are unable to check its accuracy or completeness. You should verify the accuracy of any information (whether supplied by us or third parties) before relying on it. The Content is provided on an “AS IS” basis without any warranties of any kind (express or implied). We hereby exclude to the fullest extent permitted by law all liabilities, costs, claims, damages, losses and/or expenses arising from any inaccuracy or omission in the Content or arising from any infringing, defamatory or otherwise unlawful material in the Content.

5.4 To the extent that any Content is made available by us online we reserve the right to suspend or remove access to such Content at any time. 

  1. LIABILITY

6.1 Subject to Clause 6.4, our aggregate liability to you, whether such liability arises in contract, tort (including negligence) or otherwise, for any damages, loss, costs, claims or expenses of any kind howsoever arising, out of in connection with any booking (or requested booking) made by you or otherwise in relation to a conference, shall be limited to the price paid by you in respect of your booking to attend the Conference.

6.2 Subject to Clause 6.4, we shall not be liable to you for (i) any loss of profit, loss of or damage to data, loss of anticipated savings or interest, loss of or damage to reputation or goodwill or; (ii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind. 

6.3 You agree to indemnify us, our staff and our affiliates and to hold us harmless to the fullest extent permitted by law, against all loss, costs, claims or expenses of any kind arising from any act or omission by you (including your delegates) during or otherwise in relation to a conference.

6.4 Nothing in this these Terms and Conditions shall limit or exclude either party’s liability for:

• 6.4.1 death or personal injury caused by that party’s negligence, or the negligence of that party’s employees, agents or subcontractors;
• 6.4.2 fraud or fraudulent misrepresentation; or
• 6.4.3 any other liability which cannot be limited or excluded by applicable law. 

  1. ANTI-BRIBERY

7.1 You warrant that you shall:

• 7.1.1 comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010;
• 7.1.2 comply with such of our anti-bribery and anti-corruption policies as are notified to you from time to time; and
• 7.1.3 promptly report to us any request or demand for any undue influence or other advantage of any kind received by or on behalf of you in connection with the performance of these Terms and Conditions. 

7.2 Breach of this clause 7 shall be deemed a material breach of these Terms and Conditions. 

The TDC APP

This clause shall apply where you attend a physical conference (as opposed to a virtual/online conference). By registering and attending the conference you agree that Metapack shall create a profile on your behalf on the TDC APP, where we will pre-populate your name, job title and company name (the “Profile”). The purpose of the TDC APP is to enhance your networking experience and enable you to contact other attendees of the conference. If you do not wish for your profile to appear on the TDC App, please email: [email protected] and we will remove your Profile as soon as possible. 

Photography

This clause shall apply where you attend a physical conference (as opposed to a virtual/online conference).In consideration of being granted admission to the conference you agree to be photographed and/or recorded whilst attending the conference and hereby: (i) grant Metapack permission to use all photographs and recordings featuring you (the “Images”) throughout the world at no additional cost in connection with advertising, reporting on and promoting the conference and any related activities in all and any media including without limitation in the conference’s publications, presentations, promotional materials, social media, broadcasts, advertising of the conference’s services including without limitation on the conferences/Metapack’s websites, www,thedeliveryconference.com and www.metapack.com (ii) consent to us storing copies of the Images for those purposes in any location and to store your contact details in connection with the Images. 

  1. GENERAL

10.1 These Booking T&Cs (together with any documents referred to herein or required to be entered into pursuant to these Booking T&Cs ) contain the entire agreement and understanding between us and supersede all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these Booking T&Cs and any such document.

10.2 You acknowledge that in registering a delegate place you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these Terms and Conditions. 

10.3 These Booking T&Cs shall not create, nor shall they be construed as creating, any partnership or agency relationship between us.

10.4 You accept that communication with us may be electronic. We may contact you by e-mail or provide you with information by posting notices on our Website. You agree to this electronic means of communication and you acknowledge that all such communications that we provide to you electronically comply with any legal or contractual requirement that such communication be made in writing. 

10.5 Save as set out in Clause 4.2 you are not permitted to re-sell, transfer, assign or otherwise dispose of any of your rights or obligations arising under these Booking T&Cs . 

10.6 These Booking T&Cs and the rights and obligations of both parties shall be governed by, and construed in accordance with, the laws of England and Wales and both parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute which arises hereunder. 

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