Terms and Conditions
Terms & Conditions
DIGITALIUM – A BRAND MINDS LTD WEBSITE
Website and Services Terms and Conditions
Welcome to DIGITALIUM!
PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR USE OF OUR WEBSITE AND SERVICES
Introductory information and disclaimer
This website is owned by the company BRAND MINDS LTD (“Brand Minds”, “we”), a private limited company number 12228016, incorporated under the Companies Act 2006, given at Companies House, Cardiff, on 26th September 2019, with registered office laws at 91 Princess Street, Manchester, England M1 4HT. DIGITALIUM is also, in its relationship with its customers, the organiser of the Event(s) promoted on the Website (henceforth is also referred to as the “Organiser”).
Our Services are offered to you contingent on the acceptance without reservation of all these T&C. Conversely, in case you do not agree even to a part of the following T&C, please do not continue using the Website and refrain from contacting our Services. If in this case, you do not exit all the Website’s pages opened in your browser, stop accessing the Website or continue to contract any of our Services, such conduct shall be deemed equal to your agreement with all the provisions set out below.
To contact us, please email us at email@example.com, if in the case of your specific situation there is no other contact option/address mentioned throughout the T&C.
II. T&C’s scope and Definitions
The field of application of the present T&C results from the wording of all the provisions thereof and, for reasons of clarity, shall be briefly outlined below:
- the T&C apply as to the Website, the use of DIGITALIUM-related mobile applications and to any other services offered under the DIGITALIUM brand, including any event organised by us and/or promoted on the Website (collectively referred to as the “Services”).
- the T&C hence set out the terms, conditions, and notices under which the Services are offered, including but not limited to the use of this Website. They shall accordingly produce effects between you and DIGITALIUM whenever you visit the Website, register on the Website, or use the Services, even when you purchase a Ticket and in connection thereof.
- Please be aware that the T&C do not apply for the access and use of the services available through external links found on the Website or on other social platforms used by DIGITALIUM, on DIGITALIUM Facebook pages and so on. For more details in that respect, please read Section 7 (“Third-party linking and importing”) below.
- When you decide to access, test or use specific features described or pre-available on the Website, you may be subject to specific additional terms and conditions that will be available in the corresponding section (if applicable).
The T&C are supplemented by and you must also comply with:
- the DIGITALIUM Rules for attending each Event;
- the regulation or the streaming service providers’ rules applicable for each Event, based on the Event’s location or format (offline/online);
Apart from the definitions provided throughout other stipulations of the present T&C, the following definitions shall apply:
Event– means the Events organised by DIGITALIUM, including the business events which bring together world-renowned speakers and audiences, the former consisting both of individuals and companies enthusiastic about developing their understanding of business, today’s major challenges, critical thinking and much more, held either in physical and in digital format, at predetermined dates and for the participation at which Tickets are required.
Event Organiser – DIGITALIUM together with all its affiliates or providers of the relevant services regarding the organisational-administrative part of the Events, that bear the responsibilities related thereof, in any relevant field such as security or admission to the Event.
Participants – the persons attending an Event, irrespective of the way in which they have acquired the Tickets or, as the case may be, the entitlement to participate.
Purchaser – the person who acquired a Ticket, identified based on the data entered into the forms designed for acquiring Tickets, irrespective of the chosen payment method. For the avoidance of doubt, the Purchaser may differ from the Ticket Holder, especially in the case prescribed at art. 8.6.13 below.
Speaker – means the person invited to speak on the stage for the audiences gathered at the DIGITALIUM’s Events.
TSP – means a third-party service provider whose services are used by DIGITALIUM;
Ticket – means the permit for attending an Event, irrespective of its form (printed or digital) and of its purchasing method, which is issued by DIGITALIUM and respects the pre-settled forms thereof. For clarity, this notion shall be used inclusively when referring to different types of tickets (e.g., complimentary tickets, subsidised tickets, promotional tickets etc.).
Ticket Owner – means Participant who used Validated Ticket to access the Event;
Validated Ticket – means a Ticket used for checking in to any Event’s edition;
Ticket Holder – means the person who is possessing the Ticket, including the buyer or the person mentioned by the provisions of the art. 8.6.13.
Users – any person who interacts with the Website, with any of its pages or blocks, as well as who acquires or surveys information in view of acquiring our Services.
Working Day – means a day (other than Saturday or Sunday) when the banks are opened for working with the public in London, England.
III. Use of Services. General provisions
All our Services must be deemed available only to persons who are in full capacity according to their national regulations.
If you are under 16 years of age, you are not authorised to use the Services, irrespective of whether you have attempted the registration or not. If you are between 16 and 18 years of age, you may use the Services only with the approval of your parent or guardian, subject to the special terms and conditions provided below.
In all cases, these rules shall apply if not stated otherwise by DIGITALIUM and whilst the governing law does not provide otherwise.
2. Website registration
You are not required to register as a member within the Website in order to use some features of our Services. However, for accessing certain features or if imposed so for specific reasons, such registration may be considered mandatory.
Every time when you enter registration, login, invoicing details, profile and other similar data, you must provide and maintain information which is true, accurate, updated, complete, and in accordance with the applicable laws, under your own and full accountability.
Duties and acknowledgements
Whenever you access or use the Website or any of the Services, you hereby acknowledge and expressly agree with the following conditions:
- to comply with all the T&C, as defined under the above-mentioned paragraphs;
- to abide by all the applicable laws and regulations whenever you access the Website and/or use the Services in any way;
- not to share or disclose to any other party your user’s name, password or any other personal data used in relation to DIGITALIUM;
- not to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
- not to upload or distribute in any way files which you know or have reason to suspect that contain viruses, corrupted files or any other similar software, programs, macros, or files that may detrimentally interfere with the Services or with the Website; nor to do anything which would create or impose an unreasonable or disproportionately large burden or load on the Website;
- not to gather and use the information obtained in relation to DIGITALIUM for advertising or other unsolicited purposes;
- not to use the Services, the Website as well as any information obtained in relation to DIGITALIUM for illegal purposes;
- not to post or send “spam” emails, nor engage in any mass distribution of emails or send unrequired advertising in any form whatsoever based on information displayed on or collected from the Website or based on our Services;
- not to post, promote or transmit information in connection with our Services, nor to act in any way that may infringe the rights of third parties, including but not limited to copyrights, patent, trademark, trade secret, proprietary rights, rights of publicity, privacy policies and so on – in these scenarios you shall be solely, fully, and exclusively liable for any damages thus incurred;
- not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code of any software that is used in connection with the Website or with any Services;
- we offer no guarantee or assurance as to the functionality of the Website or any of its features, moreover, DIGITALIUM does not commit and shall not be liable for any failure to support, display or offer any of the features available within the Website, especially but not limited to the situation in which damage is caused by the action of a third party.
Apart from the aforementioned obligations, you must also abide by all the applicable provisions of law and contractual clauses, even if not expressly stated or indicated, which may provide obligations to do or to refrain from something and which are enforceable in your case.
Under all circumstances, you must also refrain from unfairly harming other persons’ rights or legitimate interests in relation to the access or use of the Website, respectively of the Services. Conversely, you shall be solely, fully, and exclusively liable for any damages thus incurred.
Consistently, DIGITALIUM reserves the right to disclose any information as deemed necessary for the observance of any applicable law, legal process, or governmental request, as well as to edit, refuse to post or remove any information or materials, in whole or in part, at DIGITALIUM’s sole discretion.
4. Non-commercial use of the Website
Unless otherwise specified, the Website is intended only for your personal and non-commercial use.
In that respect, you are not entitled to copy, distribute, transmit, display, perform, reproduce, publish, licence, sell, or create derivative works or materials from any information, software, products, or services obtained by using the Website or the Services.
Without the priorly written permission expressly afforded by DIGITALIUM, you must refrain from proceeding with ‘meta-searches’ of the Website, sending, or cause to be sent any automated queries of any sort to the Website, or use the Services in any other commercial manner whatsoever.
5. Restricted Use of the Website
In addition to the restrictions stated elsewhere throughout these T&C, you must also refrain from using the Website in a manner that could damage, disable, overburden, or impair any website and network connected to the Website and you must not interfere with any other party’s use and enjoyment of the Services.
We hereby expressly forbid any attempt to gain unauthorised access to the Website, to other accounts, computer systems or networks connected to the Website through hacking, password mining or any other equivocal or illegal means.
You must respect the functionalities of any content provided on the Website, as per the individual purposes thereof.
It is therefore strictly prohibited to obtain or to attempt to obtain any materials or information which are not intentionally made available to that effect on the Website.
6. Suspension or termination of your access. Modifications
It is well understood and agreed that DIGITALIUM reserves the right, in its absolute sole discretion, to restrict, suspend or terminate your access to the Website, to the related services or to any portion thereof at any time, without prior notice. Upon termination of your access to the Website, your right to use the Website immediately ceases.
DIGITALIUM shall have no obligation to maintain a certain content on the Website or in relation to the Services unless provided so through individual agreements concluded with DIGITALIUM.
7. Third-party linking and importing
If you would like to insert a hyperlink to the Website (or any part thereof) on any other website, webpage, ‘mirror’, server, or platform available to the public/a collective, as well as to spread any material contained within the Website by such means, you will always need DIGITALIUM’s prior written permission. Consequently, DIGITALIUM and/or another entitled party shall hold you liable for any damages or prejudices incurring in that respect.
The Website may contain links to third-party websites (“TPS”), which may or may not be under the control of DIGITALIUM. In no circumstances can linking be presumed to be due to any association of DIGITALIUM to that TPS operator. We provide such links only as a convenience, meaning that their inclusion does not entail our endorsement regarding TPS as far as security, privacy, scalability or other matters of such nature are concerned.
DIGITALIUM shall not be held accountable for the contents provided on and for the issues related to these websites, including without limitation to any further links displayed on a TPS, nor for any changes or updates made to a TPS.
DIGITALIUM is also not liable for the webcasting methods rendered by any third party, nor for any cases in which a TPS would not work appropriately.
8. Tickets & Reservations
In addition to the provisions of art. 1.3 above, if at any time you do not agree with the T&C, even partially, please do not use or access the Services. Failure to do so results in your acceptance of the hereby stated provisions, considering that whenever you purchase a Ticket or register for an event organised by DIGITALIUM you are expressing your full consent as to comply with the T&C and all other additional rules and regulations applicable to that Event.
Cart time. After selecting your desired number of tickets, you have 45 minutes to complete your order. However, the countdown is reset if you add another ticket to the shopping cart. After this period, in case you fail to fulfil the reservation forms in due time, your shopping cart will be emptied automatically and you will have to reselect the number of tickets and hence repeat this procedure. DIGITALIUM is not liable whatsoever should any issues regarding the tickets’ availability arise.
Event visitors’ information. If there is more than one user viewing an event, you will be informed by a status bar at the bottom of the screen once you select at least one ticket to add to the shopping cart.
For the purposes of this provision, a visitor is considered a person who has interacted with the ticketing platform in the last 3 minutes and is identified by its unique session id.
Considering that the visitor public counting system does not record the user’s IP address or any other identification data of such nature, including the geolocation or your web browser, it may be possible that multiple devices or web browsers used simultaneously to be registered as multiple users.
9. Special conditions related to the Tickets
If you intend to acquire or you have already acquired Tickets, you expressly accept the following additional provisions:
- All orders are subject to availability and acceptance by DIGITALIUM, which reserves the right to accept or reject any order at its sole discretion.
- Ticket prices, promotions and discounts may change during a sale period and they may differ from one Event to another, as determined solely by the Organiser. Furthermore, DIGITALIUM is entitled to carry out changes of this type based on its marketing or business development strategy, as well as on amendments concerning the applicable laws.
- No refunds shall be given or claims satisfied due to any change in Ticket prices, including but not limited to promotional prices, discounts, or any special offers, except otherwise stipulated throughout these T&C.
- Tickets must be collected within the time periods implied by your chosen delivery method. It is unequivocally understood that no refunds will be made for no-shows or for uncollected Tickets.
- Purchasers who are under 18 years of age should seek parental consent before purchasing any tickets/merchandise from the Website as well as for acquiring any of the Services. Prior to any purchase made in relation to DIGITALIUM, you hence certify by default that you are at least 18 years of age and you have understood the T&C in full. For clarity, you must be aware that most of our events wouldn’t be recommended to those younger than 18 years old, due to the complexity of the matters and the higher level of discussions involved. Under special circumstances, however, and at the DIGITALIUM’s representatives’ sole discretion, participants under 18 years of age may be granted access to an event, provided they possess a valid access document (either a paid Ticket or a free or subsidised Ticket), the proper identification documents, and they must be accompanied by an adult that possesses a valid ticket. Anyone who fails to comply with these requirements may have their access restricted.
- Any breach of the provisions set forth in the T&C and in other notices of such nature may attract the invalidity of your purchase and, as a result, it provides DIGITALIUM with the entitlement to deny your access at the respective Event.
- Upon confirmation of your order, no refund and/or no exchange of Tickets will be afforded under any circumstances, should the T&C or the applicable legal provisions do not provide otherwise. This stipulation shall be read in conjunction with the provisions contained within Sections 9 (“Specific conditions regarding the access and registration to an Event”) and 10 (“Refunds and Alterations”) set out below.
- The purchased Tickets are for your own personal use or that of your business’ only. The account used for acquiring the ticket(s) offers the possibility to amend the beneficiary of each ticket. Therefore, if you received an invitation from such an account, please acknowledge that your ticket may become unavailable if the account used for acquiring the ticket(s) resets the respective ticket. Once the physical check-in is performed, you may no longer transfer the tickets. The resale of Tickets is clearly prohibited, irrespective of the price or whether you would pursue any other commercial gain such as grating tickets as part of promotions or competitions until you have obtained DIGITALIUM’s special written permission in that respect. Consequently, you unambiguously assume that the Organiser will reserve its right to cancel with immediate effect any Ticket which has been transferred or resold, as well as to deny the entrance at the respective event to any Ticket Holder who would present Tickets acquired in this manner.
- We also reserve the right to cancel any Ticket which we reasonably believe was purchased by a not expressly authorised ticket broker or was transacted in a parallel ticket market. It is thereby your sole responsibility to purchase the Tickets directly from DIGITALIUM. When acquiring tickets from a third-party authorised trader, you will still receive all relevant documents and instructions from DIGITALIUM directly (i.e., from firstname.lastname@example.org). In all cases, the tickets will become available once you have completed the online check-in steps. Please be aware that failure to complete the online check-in procedure will only offer you the possibility to claim the ticket but the ticket itself is not actually issued.
- Nevertheless, DIGITALIUM may accept the transfer of a Ticket to a new attendee, if you do not find yourself in the cases referred to above and subject to the observance of the transfer procedure listed in the account where the ticket was issued. The effective transmission of the ticket will occur once the new attendee has completed the check-in procedure.
- DIGITALIUM will not be responsible for any Tickets that are lost or stolen. Nonetheless, the Organiser reserves the right to replace some of the Tickets, in special circumstances and based on a case-by-case assessment. Kindly note that the replacement may be subject to a special fee, since our lack of default concerning the occurrence of this issue.
10. The Ticket delivery procedure
Tickets are delivered in electronic soft-copy via email from email@example.com to the email address provided by the Purchaser.
If the Purchaser buys several Tickets online, the electronic tickets will not be sent until the Purchaser has provided all the required details for each beneficiary of the Ticket, such as name, email address, phone number etc.
The online form may contain additional fields for inserting these details, if available at the time of purchasing.
In case the feature formerly referred to would be unavailable, these details regarding the beneficiaries of the Tickets must be communicated as soon as possible to our email firstname.lastname@example.org.
11. Specific conditions and acknowledgements regarding the access and registration to an Event
- No photography, audio or video recording is allowed during the Events, unless otherwise endorsed, expressly advised, or carried out by DIGITALIUM.
- Considering that, generally, all DIGITALIUM Events are recorded and streamed online, DIGITALIUM may capture the image or likeness of any Ticket Holder or person attending the Events, whether live or in recorded video displays, photographs, pictures and publicity materials, which can be published for commercial purposes by DIGITALIUM and by DIGITALIUM’s affiliates on the streaming platform, Website, on social platforms, as well as on other media, without having to pay any costs, expenses, damages, or compensations.
- It is understood and agreed that even though the speakers’ presentations at an Event are based on DIGITALIUM’s endorsement as regards that specific speakers’ general known qualities, DIGITALIUM assumes no responsibility for the accuracy or the appropriateness of any information provided at the Event by any speakers, who express, irrespective of the topic, their own personal views and beliefs.
- You are fully aware and you unconditionally accept that DIGITALIUM shall not be held liable for any information or advice disseminated during DIGITALIUM Events or in connection with our informative materials. Furthermore, the same acknowledgement expressly applies for the case in which you would base any of your financial decisions on ideas claimed to have been heard or stemmed from other ideas or suggestions presented during DIGITALIUM Events by a Speaker or by any other person. Any information spread under such circumstances must be considered merely informative and a result of a space which promotes the exchange of ideas but obliges no one to act in a certain way and points out the importance of every individual’s inner freedom.
- The Organiser may also add, withdraw, or substitute any speaker or different advertised programs/services/features, without prior notice. DIGITALIUM shall notify you in writing as to the important changes made in this regard, while you shall not be entitled to any claim for a refund or for any costs, expenses, losses, damages, or liabilities which may be incurred to or suffered by you as a result of the measures consequently applied, such as cancellation, modification or changes in Services.
- DIGITALIUM shall not be liable for any delay and/or failure in delivering to you the updated information, nor for issues as to the performance of any of our Services if these would be caused by your failure to supply a valid email address and/or the accurate and updated contact details.
- DIGITALIUM do not accept and would not tolerate harassment of any kind towards our users and Event participants in any form and we expect that all participants will conduct themselves in a civilised, professional, and appropriate manner. Any participants in each one of our Events who fail to comply with this obligation may be sanctioned or expelled from the Event, without a refund, at the discretion of the event organisers.
12. Refunds and Alterations
General provisions. This section shall apply to the unfortunate situation in which our Services and, especially, any Event would make the subject of measures able to hinder their very performance, adopted by DIGITALIUM in consideration of various external factors.
- in case an Event must be cancelled or postponed due to legitimate reasons, DIGITALIUM will duly inform the interested parties through an announcement posted on the Website, as soon as feasible.
- subsequently, an official notice shall be published to that effect in the media, via media channels selected solely by the Organiser or on the Website.
- you shall be aware that these forms of information are not exhaustive. Therefore, for obtaining all the details regarding such measures, including the content and the thresholds of your rights, as well as the ways in which
- you can enforce them, you must read the Website notice referred to above, and, furthermore, contact us about your specific situation. Should the Organiser grant a timeframe in that respect, you must duly observe it, given that, as you hereby acknowledge, any failure in doing so may entail prejudicial consequences on your own behalf.
- DIGITALIUM has the right to postpone, modify, cancel, interrupt, or stop an event due to adverse justified situations such as weather, dangerous situations, unexpected issues with the location if a speaker is prevented from participating due to a medical emergency, or in any other cases that may fall beyond our reasonable control. DIGITALIUM will notify the participants as to the details of the new event, which will be organised within 1 year from the original event, if this would reasonably be possible, or otherwise as soon as practicable. In such a case, DIGITALIUM clearly assumes no responsibility for any loss or damage as a result of the eventual substitution, alteration, cancellation, or postponement of an Event.
Force majeure. DIGITALIUM shall not be held liable whatsoever for any non-performance, cancellation, error, interruption or delay in the performance of its obligations, in the Website’s operation, in the provision of the Services (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Website’s contents, if this is due, in whole or in part, either directly or indirectly, to an event or failure which is beyond DIGITALIUM reasonable control, including without limitation to:
- any natural calamities, such as earthquakes, floods, blackouts, inevitable accidents, lightning, land-sliding, Acts of God, pandemic or wide-spread epidemic, fire, as well as any other such calamity;
- war (whether actual or imminent) or acts of terrorism, terrorist threats, riots, strikes or lockouts;
local or foreign judgments, legislation, acts, orders, directives, policies, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any court, governmental, parliamentary and/or regulatory authority imposed or to be imposed after the fact;
- power failure, acts or defaults of any telecommunications network operator or when communication lines (whether in the UK or elsewhere) cannot be used; and acts or omissions of any third-party service provider or a party for whom DIGITALIUM is not responsible.
- For the avoidance of doubt, the previous clause includes the notion of fortuitous situation, as it is defined under several jurisdictions, unforeseen occurrence or any other similar notion referring to an external cause that would render the performance of obligations impracticable or impossible.
- DIGITALIUM shall have no other liability or obligations also for any costs, expenses, losses, damages, or liabilities which may be incurred or suffered by the Purchaser, by the Ticket Holder or by any other party as a result of the measures unfortunately adopted as contemplated within the present article, inclusively in the case of cancellation/postponement of an Event.
- Should an Event be cancelled under the conditions set out above, DIGITALIUM will deploy all its reasonable efforts in order to ensure the reorganisation of a similar Event in the next two years from the cessation of the cause that led to the cancellation of the event, if this would reasonably be possible, or otherwise as soon as practicable. The terms and conditions for rescheduling your Tickets, for the policy of refund and for accessing other eventual remedies shall be laid down through further notices published on the Website and/or social platforms and/or sent via e-mail, which are to be construed together with the present T&C and must be strictly observed. In cases of sending these notices via email, the provisions of art. 10.5 shall be correspondingly applicable.
- In any case, you acknowledge that you shall not be entitled to and shall not claim a refund other than strictly in compliance with these T&C, with the applicable law and with all our eventual further notices referred to at art. 10.5 above.
13. Other issues regarding refunds and alterations
Name changes regarding the beneficiary of the Tickets will be permitted, prior to the commencement of the Event and shall be free of charge. For this purpose, please observe the procedure detailed in the account used for purchasing the tickets.
For the avoidance of doubt, DIGITALIUM does not accept any refund as a result of your late registration or withdrawal from an Event. Likewise, no refunds shall be given in case you have bought a regular ticket, but also have concurrently secured a complimentary ticket.
Under no circumstances may validated tickets be returned, respectively after you perform the check-in.
It is acknowledged and agreed that while speakers and topics are confirmed at the time of publishing, circumstances beyond the control of the Organiser may impose the necessity of substitutions, alterations, or cancellations of the speakers and/or topics. As such, DIGITALIUM reserves the right to alter or modify the advertised speakers and/or topics, if necessary, without any liability for DIGITALIUM in this respect. Any changes in this regard shall be published on the Website.
14. Complementary, subsidised and promotional tickets
DIGITALIUM believes that each of us should have equal opportunities to develop our dreams and ideas. There are also people who can help our event or further events in many ways.
We offer regularly free and/or subsidised Tickets to our events from time to time. It is a condition of these promotions that only individuals who meet our requirements gain admission to the event using this type of tickets.
These tickets are personal and non-transmissible. DIGITALIUM will publish from time to time the criteria and requirements to qualify for such a Ticket. Please contact DIGITALIUM directly at email@example.com for more details.
The user of the Website and/or purchaser and/or Ticket Holder, including the complementary or voluntary ticket holder, hereby gives consent for DIGITALIUM to use for the purposes of processing ticket registration, including complimentary ticket, the mandatory data and any voluntary data provided when registering a complimentary admission ticket. It acknowledged and accepted that this data can be used at DIGITALIUM’s discretion for commercial purposes in accordance with this T&C and the Private Policy and that the data will be retained and stored for this purpose.
At the discretion of DIGITALIUM, complimentary or subsidised tickets may be offered before the event start date. In these instances, if the attendee had not been directly nominated, tickets must be assigned to an attendee within 3 days of the receipt of the complementary or subsidised ticket, and all attendee details must be fully complete in the form provided online or by email no later than 14 days before the event starts. For the avoidance of doubt, this includes name, job title, company name and a passport-style photo, if applicable. Any ticket reassignment after this date is prohibited.
It is expressly understood that any complementary or subsidised tickets cannot be sold or resold as doing so will void the Ticket and the Ticket Holder may not be allowed to enter the event. Our complementary and subsidised ticket offers sometimes include a processing fee. This fee shall be non-refundable in its entirety. If you have secured a complimentary ticket but have already bought a ticket, you are not eligible for a refund.
15. Warranties, Liability and Limitations
- The Services, the Website and all information, including but not limited to text, graphics and hyperlinks, materials, services, and functions contained therein are provided on an “as is” and “as available” basis only.
- No warranty of any kind, implied, express, contractual or statutory, including but not limited to any warranties for title, non-infringement of third party rights, merchantability, satisfactory quality, accuracy, fitness as to a particular purpose and freedom from computer virus or other malicious and harmful components, destructive or corrupting code, agent, program or macros, is given in conjunction with the Website, or with any information and materials provided thereon, even throughout the promoted events.
- DIGITALIUM does not warrant and shall in no event be liable for any damages, loss, or expense (including but not limited to direct, indirect, special, circumstantial, consequential, or punitive damages, loss of profits, loss of business, loss of opportunities, loss of goodwill or cost of cover) arising in any way from or in connection with:
the accuracy, timeliness, adequacy or completeness of the information, materials, services and/or functions provided at or contained in the Website;
- the idea that the access, use or inability to use and/or access to the Website, the Services and/or any information or materials on the Website will be uninterrupted, secure or free from errors, defects, mistakes and omissions, or that any identified defect will be corrected immediately, always;
- anyone’s misrepresentation that the Website, the information or materials provided therein will meet their subjective expectations, as well as that DIGITALIUM would absolutely guarantee whatsoever the non-existence of any virus or other malicious, deletions of files, delay in operations or transmission, non-delivery of information, disclosure of communication, destructive or corrupting code, agent, program or macros, any system, server and connection and/or performance failure;
- any services, products, information, data, software, or other materials obtained, printed, or downloaded from DIGITALIUM or from any other website or webpage linked to the Website or from any other party referred to throughout the Website;
- any dispute arising between you and any third-party service provider of the Website, even if DIGITALIUM would have been advised of the possibility of such damages, losses, or expenses; and
the misuse of the materials displayed on the Website resulting in infringement of the rights of the third parties.
- This paragraph shall take effect to the fullest extent permitted by law. Under no circumstances DIGITALIUM can be held liable for the consequences stemming from acts of such nature. Thereby, you must duly inform yourself about the thresholds between your and other third parties’ rights, as appropriate and by all means, prior to using materials which are not your own in any manner which may raise uncertainties regarding the lawfulness thereof.
- You acknowledge and agree that DIGITALIUM (and/or its suppliers, where it may be the case), shall not be liable and that there is no warranty in relation to the security of any information transmitted by or to you using the Website or any other means such as our emails, messages, letters and newsletters or any other sort of communication, announcement or notice, and you hereby accept the risk that any information transmitted or received, as mentioned above, may be accessed, copied, modified, altered, distributed by unauthorised third parties and/or disclosed by DIGITALIUM and its shareholders, officers, employees, or agents to third parties purporting to be you or purporting to act under your authority.
- It is also agreed that you will not hold DIGITALIUM or any of its shareholders, officers, employees, advisers, or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure or for any damages, losses, expenses, or costs whatsoever (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result of any such access, use of the Website or disclosure.
- You should also understand and agree that some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and the above limitation may not apply to you. However, if you are dissatisfied with any portion of the Website, or with any of these T&C, your sole and exclusive remedy is to discontinue using the Website or our Services.
- You also specifically agree that DIGITALIUM is not responsible nor liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights which may be rendered on this Website or during the provision of the Services or at any event organised by DIGITALIUM.
16. Independent Business decisions
You acknowledge and agree that any purchase, business decisions, financial, legal, personal, or medical decisions following advice received via the Website or your attendance at an event are not influenced by any prior relationship or dealings with DIGITALIUM or any of its officers, directors, employees, advisors, or representatives.
Should you enter into a contractual relationship with any speaker(s) and/or any DIGITALIUM representative(s) subsequent to an event, you do that at your own risk and acknowledge that DIGITALIUM has neither the responsibility for nor any liability with regards to any contracts or relationships that would be concluded between yourself and that respective speaker(s) and/or DIGITALIUM’s representative(s).
17. User’s Indemnity
To the extent permitted by the applicable law, you fully agree and understand to release and waive all claims and/or liabilities against DIGITALIUM arising from or in connection with your use of the Website or the Services, including to accept full responsibility for your purchase, participation and/or outcome of any decisions made after attending DIGITALIUM Events.
You also agree to defend and fully indemnify DIGITALIUM, its shareholders, officers, employees and advisors or representatives against all actions, claims, obligations, liabilities or potential liabilities, damages, losses, costs and expenses, including legal fees arising
(i) from your use and access to the Website or the Services;
(ii) from your breach of the provisions of this T&C herein;
and/or (iii) in connection with your use of the Website, brought against DIGITALIUM by any third party, as regards, without limitation to, any copyright, property, or privacy right.
18. Intellectual Property
All trademarks, copyright and other intellectual property and proprietary rights related to this Website or to any Event, irrespective of whether it requires prior official registration, including but not limited to text, software, code, scripts, internet sites, music, sound, photographs, video, graphics, graphical user interface, forms, diagrams or any other support, content or material (the “Content”) (subject to the rights of the Speakers or presenters or developed as a result of the Event) shall belong to DIGITALIUM or, as the case may be, to other third parties content providers and you are permitted to use that support, content or material only as expressly authorised by DIGITALIUM to do so.
You may save, download, or print the Content solely in connection WITH your personal use of the Website and for non-commercial purposes. You may access materials displayed on the Website any time they are available for your non-commercial use, provided that you will always retain and observe all the copyright and other proprietary notices contained within those respective materials.
You may not, however, sell, copy, reproduce, distribute, modify, display, transmit, reuse, re-post, or otherwise use the Content for any public or commercial purposes or for longer than necessary, without DIGITALIUM’s prior written permission. Meanwhile, if you have a valid claim regarding any material contained or published on this Website, you are welcome to contact and provide us with the relevant evidence, so that, based on such will analyse, we may rectify, amend and/or remove that element from our Website or perform special remedies if appropriate.
In any respect, DIGITALIUM reserves all its intellectual rights, even if they were not expressly mentioned within the Website, with the occasion of Events or throughout the content and materials otherwise provided.
You acknowledge and agree that DIGITALIUM’s records relating to or connected to your use, access, communication, transactions, instructions, or operations of the Website, Services and during an Event shall be rendered without any restrictions from your side, for all purposes whatsoever and shall constitute conclusive evidence of such communications, transactions, instructions, or operations.
You agree that such records are admissible as evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy, or the authenticity of the contents of such records merely on the basis that they were found in electronic form or were produced by or are the output of a computer system, and consequently, hereby you waive all your rights (if any) to raise any objection in that respect.
If you subscribe you agree to receive the DIGITALIUM newsletter with information from industry leaders, business gurus, amazing entrepreneurs and ultimate technology and marketing trends, as well as the updated offers from all the DIGITALIUM Events. However, under the soft-opt-in principle, you may receive information about similar services that you have accessed.
20. General rules regarding how we collect your personal data
All the personal data collected by DIGITALIUM during your access to the Website and/or your use of Services is made in full observance of the provisions set out throughout the General Data Protection Regulation (EU) 2016/679 (the “GDPR Regulation”).
21. Governing Law
In the event that the parties fail to reach an amicable resolution, they shall be referred to and finally resolved by arbitration in the United Kingdom at The Arbitration Court, should the concrete dispute fulfil the prerequisites thereof or, otherwise, at another reliable arbitral centre in the United Kingdom. Any bias in relation to the arbitrators must be always prevented, as it is also prohibited herein. The language of the arbitration shall be English.
The parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence, and all matters relating thereto confidential.
23. General Disclaimer
Neither DIGITALIUM nor any of its content providers shall be liable for any errors or delays in the content furnished during the provision of the Services or on the Website, or for any actions taken in reliance thereon.
DIGITALIUM assumes no obligation to monitor, screen, censor or review transmissions, and the like on the Website, and disclaims any responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, inaccuracy, or any other objectionable material contained in any information within the Website.
You can validly notify DIGITALIUM by using the form posted on the first page of the Website or by sending an e-mail to the address: firstname.lastname@example.org.
24. Feedback and comments
We welcome any comments, feedback, and constructive complaints from anyone in relation to this Website, our Services and any event promoted or provided on this Website. We do our best to reply in a timely manner and to address any customer complaints where reasonable.
DIGITALIUM | Brand Minds LTD |12228016 | 26.09.2019
91 Princess Street, Manchester, England M1 4HT