These terms and
conditions apply between the person, firm, company or other entity specified on
your booking form ("you" or "your") and the ENNEST
Group company that is the owner, organizer, operator and/or manager of the
event/conference ("ENNEST"), for attendee / delegate
registrations for the event specified on your booking form ("Event").
Please read them carefully as they contain important eNNESTtion. By submitting
your registration to attend the Event ("your registration")
you agree to be bound by these terms to the exclusion of all other terms. If
you do not agree to be bound by these terms ENNEST will be unable to accept
your registration.
1. Registration
Confirmation
Your registration
(whether submitted directly by you or on your behalf) is an offer to ENNEST to
attend an Event which is subject to ENNEST's acceptance in writing (which may
include (without limitation) email). A binding contract between ENNEST and you
will only be formed when written confirmation of acceptance ("Confirmation"
or "Confirmed") is sent by ENNEST to you (whether or not it is
received) using the contact details you provided at the time of registration.
You should contact ENNEST if you have not received Confirmation within 5 days
of your registration, but in any event if Confirmation is not sent within 14
days of ENNEST receiving your registration, your registration will be deemed to
be accepted unless ENNEST notifies you otherwise. ENNEST reserves the right in
its sole discretion to refuse to accept your registration.
2. Fees and Payment
Terms
2.1 You will pay ENNEST
the fees specified in your booking form for the Event ("your fees").
Payment of your fees must be received in full and in cleared funds by ENNEST
from you in accordance with ENNEST's payment terms from time to time in force
but in any event not later than 48 hours before the Event. If payment of your
fees in full is not received before the Event, ENNEST may (at its sole
discretion) either require such payment as a condition of your access to the
Event or refuse or block your access to the Event (whether physical or
virtual). No refunds of any proportion of your fees already paid (if any) will
be made and any balance of your fees will remain due and payable where access
to an Event is refused under this Condition 2.1.
2.2 All discounts can
only be applied at the time of registration and discounts cannot be combined.
All discounts are subject to ENNEST's approval. Discounts for group
registrations are only valid for the number of delegates specified on your
booking form. If the number of delegates that actually attends the Event is
(for any reason) less than the number specified in your booking form, then ENNEST
may (at its sole discretion) change your fees to reflect the number of
delegates that actually attend the Event in line with ENNEST's published prices
then in force. Any additional sums payable to us as a result shall be paid in
line with this Condition 2.
2.3 Prices for each
Event are correct at the time of publication. ENNEST reserves the right to
change the prices at any time but changes will not affect registrations which
have already been confirmed by ENNEST.
2.4 It is the intent
of the parties that ENNEST will receive payment of your fees net of all
applicable taxes, including without limitation, sales, VAT, service or
withholding taxes ("Taxes"), all of which shall be paid solely
by you. If and to the extent that any Taxes are levied upon, or found to be
applicable to, the whole or any portion of the payment of your fees, the amount
of such payment shall be increased by an amount necessary to compensate for the
Taxes (including any amount necessary to "gross up" for Taxes levied
on the increase itself).
3. Cancellation by
You
3.1 Except as may be
otherwise expressly advised as part of the particular Event’s registration
process, you may cancel your registration in accordance with this Condition 3.
You will receive a refund of your fees paid to ENNEST (if any) if you cancel
your registration 57 days or more before the Event, subject to an
administration charge equivalent to 10% of the total amount of your fees plus
Taxes (if applicable). The Company regrets that the full amount of your fee
remains payable in the event that your cancellation is 56 days or less before
the Event or if you fail to attend the Event. If a cancellation changes the
entitlement to a multi-registration discount, the lowest value registration
will be cancelled first. No cancellations are accepted once any part of a
single or multi registration party has accessed the pre-Event networking or
partnering facilities, applications or platforms. All cancellations must be
sent by email to cancellations@enesst.com marked for the attention of Customer
Services and must be received by ENNEST. You acknowledge that the refund of
your fees in accordance with Condition 3 is your sole remedy in respect of any
cancellation of your registration by you and all other liability is expressly
excluded.
3.2 Substitutions with
employees from your organisation are welcome at any time but in all other
respects delegate registrations are issued for your personal use only and
cannot be shared with any person during the Event. You may not purchase
registrations as agent for any third party, sell or otherwise transfer your
registration to others, or exploit the registration commercially or
non-commercially in any way.
4. Change to or
Cancellation of the Event by ENNEST
4.1 ENNEST may (at its
sole discretion) change the format (including, without limitation, from a
physical in-person Event to a virtual Event and vice versa), speakers,
participants, content, venue location and programme or any other aspect of the
Event at any time and for any reason, whether or not due to a Force Majeure
Event, in each case without liability.
4.2 ENNEST may (at its
sole discretion) change the date or cancel an Event at any time for any reason.
Where ENNEST changes the date or cancels the Event for any reason except due to
a Force Majeure Event (in which case the terms of Condition 4.3 shall apply) ENNEST
shall automatically transfer your registration to any rearranged Event that ENNEST
chooses to organise (acting in its sole discretion). If you promptly, and not
more than 21 days after being notified by ENNEST of the new date(s) of the
Event, notify ENNEST in writing that you do not wish to attend the rearranged
Event or if ENNEST elects not to rearrange the Event then you will (as your
sole remedy) be entitled, at your discretion, to receive either a credit note
or a refund in respect of your fees received by ENNEST. After expiry of the 21
day notification period set out above you may still cancel your registration
for the rearranged Event. Condition 3 above shall apply with reference to the
new dates and an administrative charge may be payable.
4.3 Where a Force
Majeure Event has or may have (in ENNEST's sole discretion) an adverse impact
on: (i) the ability of ENNEST to hold the Event at the planned venue or on the
planned date; or (ii) the Event generally, then ENNEST shall be entitled but
not obliged (in its sole discretion) to either: (i) provide an alternative
format, facility or venue for the Event; and/or (ii) reschedule the Event. Any
of your fees received by ENNEST shall be applied to any rearranged or
rescheduled Event held pursuant to this Condition 4.3 and you shall not be
entitled to object to such rearranged or rescheduled Event or have any right to
claim any compensation in respect thereof. If ENNEST is unable or elects not to
rearrange or reschedule the Event pursuant to this Condition 4.3, then you will
(as your sole remedy) be entitled, in your sole discretion, to receive either a
refund or credit note in respect of your fees received by ENNEST.
4.4 These terms and
conditions shall equally apply in respect of any rearranged or rescheduled
Event organised by ENNEST pursuant to Conditions 4.2 and 4.3.
4.5 For the purpose of
these terms and conditions "Force Majeure Event" means any
event or circumstance arising that is beyond the reasonable control of ENNEST
(including but not limited to governmental laws, ordinances, regulations,
requisitions, restrictions, guidelines, recommendations or action, imposition
of sanctions, embargo, military action, acts or threats of terrorism or war,
mob, civil commotion or riot, health scares (including without limitation,
epidemic and pandemic (e.g., COVID-19), whether or not new, ongoing or
recurring), fire, acts of God, flood, drought, earthquake, severe weather,
disaster, disruption to transportation, third party contractor/supplier
failure, venue damage or cancellation, industrial dispute, strikes, labour
disputes, interruption/failure of utility service, lack of commodities or
supplies, accidents, nuclear, chemical or biological contamination, speaker or
participant cancellation or withdrawal, or any other comparable calamity or
casualty).
4.6 To the fullest
extent permitted by the applicable law, ENNEST shall not be liable to you for
any loss, delay, damage or other liability incurred resulting from or arising
in connection with the cancellation or date change of the Event howsoever
arising or any venue change. You acknowledge and agree that the provisions of
Conditions 4.1, 4.2 and 4.3 set out your sole remedy should the Event be
changed, postponed or cancelled and all other liability of ENNEST is expressly
excluded.
5. Access to and
Use of an online Event Platform
If you have
access to Streamly (as defined below) included in your booking form, then the
terms of this Condition 5 apply to your use of Streamly.
5.1 You undertake to
be responsible for any technical requirements needed to enable you to access
the Event website, app or other platform provided to you in relation to an ENNEST
product or service, which may include ENNEST’s Streamly video streaming service
platform available at https://streamly.video/ (“Streamly”) which hosts
multimedia recording(s) of the Event and other non-Event related content
available for on-demand video streaming and may include “partneringONE” and/or
“partneringONEplus” (a business-to-business platform product that acts as a
community through which users can network and contact each other and find
potential business prospects) available to attendees of Events within the life
sciences vertical organised by the EBD Group of ENNEST (together the “Event
Platform”).
5.2 We do not
guarantee that the Event Platform will operate continuously, securely or
without errors or interruption, and we do not accept any liability for its
temporary unavailability. We do not guarantee that the Event Platform and/or
any content thereon (including, without limitation, any content available for
download) will be free from viruses, infections, Trojan horses, worms and/or
any other code that has contaminating or destructive properties.
5.3 You must not
attempt to interfere with the proper working of the Event Platform (for
example, by attempting to circumvent security or tamper with, hack into or
otherwise disrupt any computer system, server, website, router or any other
internet connected device).
5.4 You agree to
comply with any website terms of use and/or fair or acceptable use policies
indicated on any website on which the Event Platform is hosted, including but
not limited to https://enesst.com/terms-of-use/ and any terms of use on
www.Streamly.video from time to time. You/delegate(s) agree to be bound by the
terms of use available at https://enesst.com/terms-of-use/ in respect of such
use. To the extent of any conflict between these delegate terms and conditions
and the terms of use available at https://enesst.com/terms-of-use/, the website
terms of use shall govern (but only to the extent of such conflict).
5.5 We do not endorse
or accept any responsibility for the content, or the use of, any goods or
services that may be identified or described on the Event Platform and we shall
not be liable for any loss or damage caused or alleged to be caused by or in connection
with use of, or reliance on, any content, goods or services available on or
through the Event Platform or any website or other resource referenced therein.
5.6 ENNEST may issue
you with a username and password. Usernames and passwords are confidential and
remain the property of ENNEST at all times and may not be sold, assigned or
transferred to any third party without our permission. Your username and
password are personal to you. You hereby agree that you will not permit others
to use your username or password and you will be and remain liable for the acts
of any person using your username and password.
5.7 Any multimedia
recording(s) or videos, posts, messages, or other materials, eNNESTtion or data
you supply or upload to the Event Platform where that Event Platform is
Streamly will be considered non-confidential and non-proprietary, and we have
the right to use, copy, distribute and disclose to third parties any such user
generated content for any purpose. You hereby waive any moral rights in any
user generated content to the extent permitted by applicable law.
5.8 You shall not make
libellous postings or any postings which are illegal or infringe the
intellectual property rights of any third party. ENNEST will not be responsible
for monitoring content uploaded on the Event Platform for compliance with law.
5.9 ENNEST is under no
obligation to oversee, monitor or moderate any interactive service we provide
on the Event Platform and, without limitation, we expressly exclude all
liability for any loss, injury or damage whatsoever arising from the use of any
interactive service by any user, whether the service is moderated or not.
6. Consequences for
Breach
By registering for and
attending the Event, you agree to comply at all times with ENNEST’s Code of
Conduct, as may be available on ENNEST’s website from time to time.
ENNEST may (at its
sole discretion) refuse access to, or eject / block from the Event, any person
in its absolute discretion, including (without limitation) any person who fails
to comply with these terms and conditions or who in the opinion of ENNEST
represents a security risk, nuisance or annoyance to the running of the Event.
You agree to comply with all reasonable instructions issued by ENNEST or the
venue owners or operators at the Event.
7. Consent to
Official Photography and / or Recording at Events
All unauthorised
photography and / or the recording or transmitting of audio or visual material,
data or eNNESTtion is expressly prohibited. You consent to ENNEST Group
undertaking multimedia recording of the Event which may include your
participation in the Event as a delegate (the “Content”) and you consent to the
use by ENNEST Group of any such recording anywhere in the world for
promotional, marketing and other purposes. You acknowledge and agree that ENNEST
Group is the exclusive owner of all rights in the Content and hereby waive any
and all: (a) rights in and to such Content, and (b) claims that you may have
relating to or arising from the Content or its use.
8. Data Privacy
The personal eNNESTtion
which you provide to us will be held by us on a database and where we have
appropriate authorisation/justification (which may include, without limitation,
express/implied consent or legitimate interests), may be shared with other
companies in the ENNEST group and selected third parties in the UK, United
States and internationally for promotional purposes. Your personal eNNESTtion
may also be shared with government entities and regulatory authorities as
required by law. Further, there may be certain areas of the Event at which your
attendance is conditional on your personal eNNESTtion being provided to third
parties which have sponsored or are managing such areas. The use that any third
parties make of your personal eNNESTtion is outside of eNESST’s control and, to
the extent permitted by applicable law, we do not accept any liability in this
regard. For more information about how ENNEST use the information you provide
please see our privacy policy which can be found at https://www.eb.com/privacy-policy/.
9. Limitation of
Liability
To the fullest extent
permitted by the applicable law, ENNEST excludes: (a) all liability for loss,
injury or damage to persons or property at the Event; (b) all indemnities,
warranties, representations (whether express or implied); and (c) any actual or
alleged indirect loss or consequential loss, any loss of profits, anticipated
profits, savings, loss of business revenue, loss of business, loss of
opportunity, loss of goodwill, or any other type of economic loss, suffered by
you howsoever arising. If ENNEST is liable to you for any reason, ENNEST's
total liability to you in relation to the Event (whether under these terms or
conditions or otherwise) is limited to the amount of your fees received by ENNEST.
10. Miscellaneous
10.1 If, by reason of
any Force Majeure Event, ENNEST is delayed in or prevented from performing any
of its obligations to you under these terms and conditions or otherwise, then
such delay or non-performance shall not be deemed to be a breach of these terms
and conditions and no loss or damage shall be claimed by you by reason thereof.
ENNEST's obligations shall be suspended during the period of the delay or
non-performance and ENNEST and you shall each use reasonable endeavours to
mitigate the effect of the Force Majeure Event. The provisions of this
Condition 10.1 are subject to the provision of Condition 4.3.
10.2 ENNEST reserves
the right to amend these terms and conditions from time to time. However, you
will be subject to the terms and conditions in force at the time you submit
your registration.
10.3 No person other
than you and ENNEST shall have the right to enforce these terms and conditions
between us without the prior written agreement of you and ENNEST.
11. Governing Law
and Jurisdiction
11.1 The governing law
of these terms and conditions shall be determined based on the location of in
which the Event is due to take place:
(a) If the Event is
originally scheduled to be held in the United States, then these terms and
conditions are governed by the laws of the State of New York (without
application of conflicts of laws principles) and you submit to the exclusive
jurisdiction of the federal and state courts located in New York County, NY,
having appropriate subject matter jurisdiction; or
(b) If the Event is
originally scheduled to be held in the United Arab Emirates, then these terms
and conditions and any dispute or claim arising out of or in connection with it
or its subject matter or formation shall be governed by and construed in accordance
with the laws of Dubai and such federal laws of the UAE as are applicable in
Dubai and you submit to the exclusive jurisdiction of the courts of Dubai; or
(c) If the Event is
originally scheduled to be held in Canada, then these terms and conditions are
governed by the laws of the Province of Ontario, Canada, exclusive of the
choice of law rules of any jurisdiction, and you agree to submit to the
exclusive jurisdiction of the courts located in Toronto, Ontario having subject
matter jurisdiction.
(d) Otherwise, these
terms and conditions and any dispute or claim arising out of or in connection
with it or its subject matter or formation shall be governed by English law and
you submit to the exclusive jurisdiction of the English courts.
11.2 Nothing in this
Condition 11 shall prevent or restrict ENNEST from pursuing any action against
you in any court of competent jurisdiction.
DISCLAIMER FOR
ACTIVITIES
You should consider
carefully whether or not you will be able to participate in any activities
offered as part of a programme relating to the Event. ENNEST warns that some
activities may be physically demanding and/or carry inherent dangers. You
understand that some exercise-based activities may be a risk to your physical
health and safety if you do not perform them correctly. You accept that, if a
programme exists for the Event you are attending, it is entirely your
responsibility to decide whether or not participation in any activity offered
as part of the programme is appropriate to your capabilities, aptitude, fitness
and health. If you have any concerns about your capabilities, aptitude, fitness
and/or health to participate you should consult with (and follow the
recommendations of) a medical professional prior to engaging in any activity.
If at any time during any activity you feel unwell or consider that it is
unsafe for you to continue, please stop the activity immediately and seek
appropriate advice. You also accept that it is entirely your responsibility to
observe all health and safety requirements and instructions that you may be
given in relation to activities. If you are participating in any activity that
is offered virtually for participation in a home or office environment, you
should ensure that your environment is safe, provides adequate space and is
free of dangerous or hazardous objects and materials. To the extent permitted
by applicable law, ENNEST and all entities within the ENNEST group (as well as
any employees or other representatives of the same) excludes all liability for
any loss, injury or damage whatsoever that you may suffer in connection with or
arising from your participation in any activities offered as part of the programme
(including, without limitation, any activities held outside of, or incidentally
to, the main Event that you are attending), whether direct, indirect,
consequential, special, incidental or punitive loss, injury or damage
(including, without limitation, injury to persons, property damage, theft, loss
of profits, loss of business, loss of opportunity, loss of goodwill, loss or
corruption of data or any other type of economic loss, injury or damage) or
otherwise. The limitations and exclusions in this paragraph only apply to the
extent permitted by applicable law.
CONTACT US
If you wish to contact
us in relation to these terms and conditions, please contact us at: ENNEST
Connect, +254 726 960671