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VIRTUAL EVENTS TERMS AND CONDITIONS OF ATTENDANCE AND PARTICIPATION

These are the terms and conditions (the “Agreement”) governing your participation in any Mowbray by Design owned and operated virtual event, meeting, session, masterclass, show, seminar or conference (the “Virtual Event”). By registering for the Virtual Event you agree to these terms, which form a binding legal contract between the Virtual Event owner and host, Mowbray by Design (“MbD” or “Owner and Organiser”) and the registered participant (“you” or “Participant”). If you are registering on behalf of another individual, it is your responsibility to ensure the person participating is aware of these terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the Participant aware of these terms and that they have accepted these terms.

1. Participant Requirements

1.1 Access. Your payment and registration entitles you to access to the Virtual Event for which you have registered. Any and all other costs associated with your attendance shall be borne solely by you, and MbD shall have no liability for such costs.

1.2 Use of Likeness. By participating in the Virtual Event you acknowledge and agree to grant MbD the right to record, film, live stream, photograph, or capture your likeness in any media now available or 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 MbD 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 or disseminate the media.

1.3 Virtual Event Content. You acknowledge and agree that MbD, in its sole discretion, reserves the right to change any and all aspects of the Virtual Event, including but not limited to, the Virtual Event name, themes, content, program, speakers, performers, hosts, moderators, venue, and time. The Virtual Event content shall be recorded by MbD and will be accessible to paid Participants.

2. Prohibited Conduct

2.1 Limitations on Use. By registering for a MbD Virtual Event you agree not to sell, trade, transfer or share your access link and/or code, unless such transfer is granted by the Organiser. By registering for a paid Virtual Event, you agree not to share, sell or trade your access. If MbD determines that you have violated this policy, MbD may cancel your access, retain any payments made by you, report you to law enforcement authorities, and ban you from future Virtual Events.

2.2 Disruptive Conduct. You acknowledge and agree that MbD reserves the right to remove you from the Virtual Event if MbD, in its sole discretion, determines that your participation or behaviour create a disruption or hinder the Virtual Event or the enjoyment of the Virtual Event content by other attendees.

2.3 Recording, Live Streaming, and Videotaping. Participants may not record or broadcast audio or video of sessions at MbD Virtual Events.

2.4 Unethical/Non-Compliant Business Practices. MbD reserves the right to deny participation to anyone who engages in or is reputed to engage in unethical or non-compliant business practices.

2.5 In addition to the requirements and prohibitions set forth in this Section 2, MbD may also exclude any prospective participant from registering for or participating in any Virtual Event, in MbD’s sole discretion.

3. Fees and Registration

3.1 Payment. The payment of the applicable fee for the Virtual Event is due prior to registration. If such payment is insufficient or declined for any reason MbD may refuse to allow you to access the Virtual Event and shall have no liability in that regard.

3.2 Taxes. The fees may be subject to sales tax, value added tax, or other taxes and duties which, if applicable, will be charged to you in addition to the fees.

4. Cancellation and Quality Assurance

4.1 MbD strives to provide you with the most productive and effective experience possible. If after attending a Virtual Event you feel there is some way we can improve, please provide us in writing with your comments on the evaluation provided upon arrival. Should you feel dissatisfied with your experience and wish to request a credit or refund, please submit it in writing no later than 10 business days after the end of the Virtual Event to louise@mowbraybydesign.com

We will evaluate individual complaints in a context of collective comments from the Virtual Event. As speakers are confirmed months before the Virtual Event, some speaker changes or topic changes may occur in the program. MbD is not responsible for speaker changes, but will work to ensure a comparable speaker is located to participate in the program.

4.2 Cancellations are subject to the entire Virtual Event fee. All sales are final. No payments will be refunded or refundable. Please note that if you do not cancel and do not access the Virtual Event, you are still responsible for payment. In no event shall MbD be obligated to refund all or a portion of the registration fee.

4.3 If MbD is prevented from carrying out its obligations as it pertains to the Virtual Event you registered for as a result of any cause beyond its control, or such Virtual Event cannot be Virtually conducted because of a software or issue with the hosting platform or due to acts of God, strikes, labour disputes, government requisitions, restrictions or war or apparent act of war, terrorism, disaster, civil disorder, epidemic or pandemic, curtailment or restriction on transportation facilities, or any other comparable calamity, casualty or condition (collectively a “Force Majeure”) MbD shall have the right to immediately terminate the affected Virtual Event without liability and shall be relieved of its obligations to Registrant. If the affected Virtual Event is terminated due to a Force Majeure occurrence before the first day of the Virtual Event, then MbD will reschedule the affected Virtual Event and your registration fee will be applied to the rescheduled Virtual Event.

5. Virtual Event Registration Confirmation

5.1 Once you have completed your registration, you will receive your registration confirmation by email. Please ensure that your valid email is entered correctly on the registration form. Be sure to check your junk email box too in case any of your Virtual Event email(s) are caught by spam filters.

5.2 You will receive essential information for registered attendees electronically at the email address and mailing address that are provided on your registration form.

5.3 In addition, you will also be added to the Virtual Event participant list for notifications of future Virtual Events.

5.4 If you would like to opt-out of any of these benefits, a link is provided in each email to provide the ability to opt-out.

6. Your Privacy Is Important to Us

Introduction

This Notice explains how Mowbray by Design (“MbD”) collects and processes your Personal Data. Each time you use our Site, the current version of this Notice will apply. Accordingly, whenever you use our Site, you should check the date of this Notice (which appears at the top) and review any changes since the last version. This Notice is applicable to all Site visitors, registered users, and all other users of our Site.

“Personal Data” is any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.

By visiting www.mowbraybydesign.com (the “Site”), you acknowledge that you have read and understood the processes and policies referred to in this Notice.

How to contact us

If you have any questions or concerns about this Notice, please contact us using the Contact section on our Site.

Alternatively, you can contact us by sending an email to louise@mowbraybydesign.com.

HOW WE COLLECT PERSONAL DATA

Personal Data that you give us

We may collect and process the following Personal Data:

  • Contact information, which you provide when corresponding with us by phone, email or otherwise. This includes information you provide when you participate in discussion boards or other social media functions on our Site and when you report a problem with our Site. The information you give us may include your name, address, email address, phone number, financial information and/or credit card information.
  • Due payment information, including financial information such as credit/debit card and account numbers used to process your Virtual Event ticket registration and/or sponsorship payment.
  • Purchase information, relating to purchases of delegate passes and Virtual Event participation, either in-person or via our Site. Purchase information will include financial information as well as information concerning the content and time of the purchase.

Personal data we collect from you

With regard to each of your visits to the Site we will automatically collect the following information:

  • Technical information, including the Internet protocol (IP) address used to connect your computer or device to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  • Information about your visit, including pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number; and
  • Location information

Personal Data we collect from others

We may receive information about you from publicly available and third-party databases or services that provide information about business people that we believe will help us identify provide products and services that may be of interest to you. We will obtain your consent before contacting you if required by the law of the country in which you are located.

Non-Personal Data

We collect information that is sent to us automatically by your web browser and we may use this information to generate aggregate statistics about visitors to our Site, including, without limitation:

  • IP addresses
  • Browser type and plug-in details
  • Device type (e.g., desktop, laptop, tablet, phone, etc.)
  • Operating system
  • Local time zone

We may use non-Personal Data for various business purposes such as providing customer service, fraud, market research and improving our Site. Please check your web browser if you want to learn what information your browser sends or how to change your settings.

How we use your Personal Data

We will only process your Personal Data, including sharing it with third parties, where (1) you have provided your consent which can be withdrawn at any time, (2) the processing is necessary for the performance of a contract to which you are a party, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) processing is necessary for the purposes of our legitimate commercial interests, except where such interests are overridden by your rights and interests.

Personal Data that you give us

We may use Personal Data that you provide directly to us for the following purposes:

  • to carry out our obligations arising from your Virtual Event registration, or any other contract entered into between you and us and to provide you with the information, products and Virtual Event registration services that you request from us;
  • to organize Virtual Events that you have purchased or registered for, and to provide you with information, and other materials, relating to the content of the Virtual Event, the speakers, sponsors and other attendees;
  • to provide our newsletter and other publications, provided you have given your consent;
  • to respond to your questions and provide related Virtual Event registration services;
  • to provide you with information about other Virtual Events, products and services we offer that are similar to those that you have already purchased, provided you have not opted-out of receiving that information;
  • to provide you, or permit selected third parties to provide you, with information about Virtual Events, products or services we feel may interest you, provided you have given your consent;
  • to transfer your information as part of a merger or sale of the business;
  • to notify you about changes to our Virtual Events; and
  • to ensure that content from our Site is presented most effectively for you and your computer.

Information we collect about you

We will use Personal Data that we have collected about your use of our Site:

  • to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve our Site to ensure that content is presented most effectively for you and your computer; as part of our efforts to keep our Site safe and secure;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
  • to make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them.

Personal Data we receive from other sources

We will combine this information with information you give to us and information we collect about you. We will use this information and the combined Personal Data for the purposes set out above (depending on the types of information we receive).

When we share and who can access your Personal Data

We may share your Personal Data for the purposes described in this Notice with:

  • a member of our group
  • partners, suppliers and sub-contractors, for the performance of obligations arising from your Virtual Event registration, or any other contract we enter into with them or you or to provide you with the information, products and Virtual Event registration services that you request from us
  • analytics and search engine providers that assist us in the improvement and optimization of our Site
  • trusted third-party companies and individuals to help us provide, analyse, and improve the Site and our Virtual Event registration services (including but not limited to data storage, maintenance services, database management, web analytics and payment processing)
  • in the Virtual Event that we sell or buy any business or assets, in which case we will disclose your Personal Data to the prospective seller or buyer of such business or assets
  • if MbD or substantially all of its assets are acquired by a third party, in which case Personal Data held by it about its customers will be one of the transferred assets. We will only transfer your Personal Data to trusted third-parties who provide sufficient guarantees in respect of the technical and organisational security measures governing the processing to be carried out and who can demonstrate a commitment to compliance with those measures.

Selling or renting your Personal Data

We will never sell or rent your Personal Data to third parties without your opt-in consent.

Security

Although we use security measures to help protect your Personal Data against loss, misuse or unauthorised disclosure, we cannot guarantee the security of information transmitted to us over the internet.

All information you provide to us is stored on secure servers.

Any payment transactions will be encrypted using SSL technology.

How long we store your Personal Data

We will store your Personal Data, in a form which permits us to identify you, for no longer than is necessary for the purpose for which the Personal Data is processed. We may retain and use your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically reasonably feasible to remove it. Consistent with these requirements, we will try to delete your Personal Data quickly upon request.

Retention

We will retain your information for as long as your account is active or as needed to provide you with our Site. If you wish to cancel your account or request that we no longer use your information to provide you service, contact us at louise@mowbraybydesign.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We maintain one or more databases to store your Personal Data and may keep such information indefinitely.

Cookies and Do Not Track policy

We use cookies for anonymous tracking data.

Links to third party sites and services

Our Sites may contain links to third party websites, applications and services not operated by us. These links are provided as a service and do not imply any endorsement by us of the activities or content of these sites, applications or services nor any association with their operators. MbD is not responsible for the privacy policies or practices of any third party including websites or services directly linked to our Service. We encourage you to review the privacy policies of any third party site that you link from our Service.

YOUR RIGHTS

Correction and removal

If any of the information that we have about you is incorrect, or you wish to have information (including Personal Data) removed from our records, you may do so by contacting us at louise@mowbraybydesign.com.

Opting out

Additionally, if you prefer not to receive marketing messages from us, please click on the unsubscribe link within any marketing message that you receive.

Request access to your Personal Data: You may have the right to request access to any Personal Data we hold about you as well as related information, including the purposes for processing the Personal Data, the recipients or categories of recipients with whom the Personal Data has been shared, where possible, the period for which the Personal Data will be stored, the source of the Personal Data, and the existence of any automated decision making.

Request correction of your Personal Data: You may have the right to obtain without undue delay the rectification of any inaccurate Personal Data we hold about you.

Request erasure of your Personal Data: You may have the right to request that Personal Data held about you is deleted.

Object to processing of your Personal Data: You may have the right to prevent or restrict processing of your Personal Data.

Request restriction of processing your Personal Data Request transfer of your Personal Data: You may have the right to request transfer of Personal Data directly to a third party where this is technically feasible.

Changes to this Notice

If we make any material changes to this Notice or the way we use, share or collect personal Data, we will notify you by revising the “Effective Date” at the top of this Notice, prominently posting an announcement of the changes on our Site, or sending an email to the email address you most recently provided us (unless we do not have such an email address) prior to the new policy taking effect.

Any changes we make to this Notice in the future will be posted on this page and, where appropriate, notification sent to you by email. Please check back frequently to see any updates or changes to this Notice.

7. Intellectual Property

7.1 All intellectual property rights in and to the Virtual Event, the Virtual Event content, and all materials distributed at or in connection with the Virtual Event are owned by MbD or the Virtual Event sponsors or speakers presenting at the Virtual Event. You may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names appearing at the Virtual Event, in any Virtual Event content or in any materials distributed at or in connection with the Virtual Event for any reason without the prior written permission of MbD.

7.2 For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by MbD or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of MbD or its affiliates, all of which shall at all times remain the exclusive property of MbD and its affiliates.

8. Disclaimer of Warranties, Limitation of Liability

8.1 MbD gives no warranties in respect of any aspect of the Virtual Event or any materials related thereto or offered at the Virtual Event and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Virtual Event is provided on an “as-is” basis. The views, opinions, and positions expressed by the speakers, attendees, or sponsors at the Virtual Event are theirs alone and do not necessarily reflect the views, opinions, or positions of MbD or any employee thereof. Virtual Event makes no representations as to accuracy, completeness, timeliness, suitability, or validity of any information presented by speakers, attendees or sponsors at a MbD Virtual Event and will not be liable for any errors, omissions or delays in this information or any losses, injuries or damages arising from its display or use. MbD does not endorse, and expressly disclaims all liability relating to, any of the products or services provided by speakers, attendees, or sponsors.

8.2 Except as required by law, neither MbD nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Virtual Event or other aspect related thereto or in connection with this Agreement.

8.3 The maximum aggregate liability of Virtual Event for any claim in any way connected with, or arising from, the Virtual Event or this Agreement, whether in contract, tort or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to MbD under this Agreement.

9. Miscellaneous

MbD’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. MbD shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MbD’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with MbD’s prior written consent. A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you acknowledge that you do not have any authority of any kind to bind MbD in any respect whatsoever.

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