Real Deals Media Limited (“Real Deals”) Awards Event - Terms and Conditions (“Terms”)

Introduction

The event, to which you are purchasing a ticket or table of tickets to attend (the “Event”) is organised and managed by Real Deals Media Limited, registered in England and Wales with company registration number 06859732.
These Terms and the booking form to which they are attached (together the “Agreement”) set out the terms on which you (the Attendee) agree to purchase a ticket or tickets for the Event (“Ticket”) and agree to attend and/or otherwise participate in the Event. Please read the Agreement carefully and make sure you understand it before signing. You understand that by completing the booking form, you agree to be bound by the terms of the Agreement.
Capitalised terms in this Agreement shall have the meaning given to them in the booking form and as set out below:
References to "we", "us" and "our" shall be references to Real Deals Media Limited. References to "you" and "your" shall be references to the Attendee specified in the booking form.

Grant of rights

We grant to you:
1. the Attendee Benefits; and
2. if included in your Attendee Benefits, a non-transferable, non-exclusive, royalty-free licence to use the relevant Event Mark solely to promote your position as an awards finalist in relation to the Event, in accordance with the terms of this Agreement.
All rights not expressly granted to you under this Agreement are reserved to us and you acknowledge and agree that:
1. we are the owner or controller of the Commercial Rights and of all rights in the Event Marks;
2. you shall not be entitled to exploit or enter into any commercial or other agreement to exploit any of the Commercial Rights other than the exercise of the Attendee Benefits provided under this Agreement; and
3. we shall be entitled to enter into any sponsorship arrangement with any third party related to the Event.
You grant to us a worldwide, non-exclusive, royalty-free, sub-licensable licence to use the Attendee Marks:
1. during the Term to promote and exploit the Event and to deliver the Attendee Benefits; and
2. in perpetuity in any report in any media produced about the Event and in any promotional materials for similar events.
In the event that you change the Attendee Marks at any time during the Term, you agree that we shall not be obliged to make any consequential changes to materials that include the Attendee Marks produced by us or on our behalf for or in connection with the Event (including, but not limited to, reprinting promotional literature or publicity materials). We are of course happy to do so on the condition that the costs and expenses incurred by us arising from such change will be for your account.
If for any reason we are unable to deliver any of the Attendee Benefits, we will inform you as soon as reasonably practicable and we may, if appropriate, substitute alternative benefits in respect of the same Event to an equivalent value of the relevant Attendee Benefits.

YOUR OBLIGATIONS

You undertake to ensure that your personnel exercise the Attendee Benefits strictly in accordance with the terms of this Agreement.
You agree not to (and you shall procure that none of your employees, agents or contractors shall not) do anything which may: (i) bring the Event or the other party into disrepute; (ii) disparage the Event or us; (iii) damage our goodwill associated with the Event; or (iv) be otherwise prejudicial to the image and/or reputation of the Event or us.
If nominated for an award at the Event, you will promptly on request provide artwork of the Attendee Marks in the format we specify.
Attendees of the Event must comply with rules and regulations of the venue or technology platform (“Site”) (in the case of virtual attendance) which are provided at the venue or Site and may be changed at the venue’s or Site’s discretion and any other rules or regulations which may be included in the Ticket (including but not limited to reasonable safety and other announcements and/or directions whilst attending the Event) must also be adhered to.
Neither the venue nor Real Deals has any responsibility for lost or stolen property.
Every effort to admit latecomers will be made at a suitable break in the Event, but admission for latecomers cannot always be guaranteed.
You will not trade or solicit trade at the Event without the prior consent of Real Deals.
Admission to the venue or Site and the Event is at the Attendee’s own risk. Neither the venue or Site nor Real Deals will be held liable for any loss, cost, expense, injury or damage sustained at the venue or on the Site and/or at the Event except in respect of death or personal injury caused as a result of negligence by the venue or Real Deals, as applicable. Nothing in these Terms limits or excludes Real Deals’ liability for death or personal injury caused by its negligence, fraud or any other type of liability which cannot by law be excluded or limited.
Where an Attendee has purchased multiple tickets (or a table) and invites guests to the Event, it is a condition of entry to the Event by those guests that they are subject to Real Deals’ Event Attendee terms and conditions (“Attendee Terms”). Real Deals will provide Attendees with the Attendee Terms and the Attendee undertakes to direct its guests to the Attendee Terms in advance of the Event.
You are not permitted to take any photographic, film or other recordings at the Event unless otherwise stated in the booking form.
For the avoidance of doubt it shall be your responsibility to take out and maintain appropriate insurance in relation to any risks under or in relation to this Agreement or your participation in the Event.
You shall comply with all relevant laws and regulations (including but not limited to the General Data Protection regulation, EU 2016/679 (“GPDR”) or any successor legislation to the GDPR and all other applicable laws and regulations relating to the processing of personal data and privacy) (“Privacy Legislation”) which apply in relation to your involvement in the Event, your exercise of the Attendee Benefits and the performance of your obligations under this Agreement.
In particular, to the extent that we transmit, pass, or otherwise provide to you any personal data relating to attendees of the Event (“Personal Data”), you agree that this data is provided to you on condition that you will store, process and use the Personal Data in compliance with the Privacy Legislation.

OUR OBLIGATIONS

We will organise and stage the Event using reasonable skill and care.
We shall use our reasonable endeavours to deliver or ensure the delivery of each and all of the Attendee Benefits to you.
The Attendee Benefits are personal to you and we are not obliged to provide the Attendee Benefits (or any part of them) to any other entity or person.
Where applicable under the terms of this Agreement, we shall promptly on request supply you with artwork of the relevant Event Marks in a format suitable for your use.
We shall comply with all relevant laws that apply to our performance of this Agreement and with any conditions attached to any licences or consents issued in connection with the Event including regarding health and safety and security measures at the Event venue.

PRIVACY AND DATA PROTECTION

We may share your name, job title and company with the other Attendees of the event and our partners in hosting the event (including making this information available via the event app, on social media sites and/or in our event guide). We rely on legitimate interests to share this information because it is a fundamental part of such events (for example, for table plans and networking purposes).
We may share certain information such as your name, job title and company with the sponsors of our events (legitimate interests, of us, to attract the most appropriate sponsors for the event). We reserve the right to contact you before the event/awards to inquire whether you’d like to set up a meeting with our sponsors at the relevant event. You may enquire as to which sponsor your data may go by contacting data@realdealsmedia.com.
Where you register to attend certain seminars or presentations at our Event hosted by a third party, we may share your registration information with such third party (legitimate interests, of our hosts, so they know who has attended their events and so they can contact attendees about their goods and services).
Where you indicate that you want us to share your details with exhibitors at events (for example, by scanning your event badge at an exhibitor’s stand) we share your information with those exhibitors who may contact you about their goods and services (consent).
By entering or participating in the Event, you give your express consent to the use of your actual or simulated likeness in connection with the production, exhibition, advertising or exploitation of any photograph, film, video and/or audio recording of the Event and/or any element thereof in any/all media throughout the world.
Event filming and photography: We process your personal data comprised in the film, photograph, broadcast or recording of the Event so that we have a record of our events for our own internal purposes such as training (legitimate interests, of us, to train our staff and help us better understand how best to run future events), to create marketing content for our promotion of future events (legitimate interests, of us, to encourage future sponsorship, attendance and awards entries), to supplement editorial content on an event (legitimate interests, of us, to provide fuller and more engaging content). We may also share this with future sponsors (legitimate interests, of us, to show potential sponsors what the event is like and to encourage sponsorship) and existing sponsors and clients (legitimate interests, of us and our sponsors and clients, to share potential marketing material with our sponsors and clients so that they can promote their involvement in the event).
To the extent you transmit, pass, or otherwise provide personal data (“Personal Data”) to Real Deals, Real Deals will store and use the Personal Data in compliance with Real Deals’ posted privacy and cookie policy and the Privacy Legislation, and has contractually required its sponsors to do the same.

ATTENDANCE FEE

In consideration of us providing the Attendee Benefits, you shall pay to us the Attendance Fee in cleared funds in accordance with the Payment Terms stated on the booking form and to the account we specify in writing for this purpose.
The Attendance Fee is exclusive of any applicable sales tax (including but not limited to, value added tax) which shall be paid by you at the rate from time to time in force.
You shall pay the Attendance Fee in full and without set-off, withholding or deduction.
If the Attendance Fee is not received by us when due, we reserve the right not to provide, or to cease to provide, any or all of the Attendee Benefits, in addition to the exercise of any other rights or remedies available to us.
Without prejudice to any other rights and remedies available to us if payment is not made in accordance with clause 6.1, interest on the overdue balances (including any period after the date of any judgement or decree against the Attendee) and late payment fees, fall due and payable in addition and are calculated upon the basis set out in the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).

INTELLECTUAL PROPERTY RIGHTS

The parties acknowledge as follows:
1. all Intellectual Property Rights in the Attendee Marks shall be solely and exclusively owned by you and save as expressly provided for in clause 2.3, we shall not acquire any rights in the Attendee Marks;
2. all Intellectual Property Rights in the Event Marks shall be solely and exclusively owned by us, and you shall not acquire any rights in the Event Marks; and
3. all Intellectual Property Rights in or arising out of or in connection with the Event, its promotion or in any films, photographs, recordings or other materials produced for, during or in connection with the Event (“Event Materials”) (including but not limited to any rights accruing in the Event Marks) shall be owned solely and exclusively by us with the exception of the Attendee Marks.
You represent and warrant that
1. you own or are solely entitled to use the Attendee's Marks and any other material supplied to us pursuant to this Agreement (“Attendee Materials”); and
2. our use of the Attendee Marks in accordance with the terms of this Agreement will not infringe the rights of any third party.
You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with
1. any claim made against us by a third party for actual or alleged infringement of a third party's Intellectual Property Rights or moral rights arising out of or in connection with our use of the Attendee Marks in accordance with this Agreement;
2. any claim made against us by a third party arising out of or in connection with the production, distribution, handling, advertising or use of, or otherwise relating to, the Attendee Materials, whether or not any claim arises during the Term.
We represent that your exercise of the other Attendee Benefits in accordance with the provisions of this Agreement shall not infringe the rights of any third party.
You shall not to apply for registration of any part of the Event Marks or anything confusingly similar to the Event Marks as a trade mark for any goods or services or use anything confusingly similar to them in your trading or corporate name or otherwise, except as expressly authorised under this Agreement.
You shall not knowingly do, or cause or permit to be done, anything which may prejudice or harm or which has the potential to prejudice or harm the Event Marks or our title to the Event Marks.
If during the Term, either party becomes aware of any threatened or actual unauthorised use or any misuse of the other’s Intellectual Property Rights, then it shall promptly notify the same to the other in writing. The non-owner of the Intellectual Property Rights will, at the owning party’s reasonable request and cost, provide all reasonable co-operation (including, without limitation, the provision or completion of any documentation) in any action, claim or proceedings brought or threatened in respect of such Intellectual Property Rights, but shall not be obliged to take any further action.

EVENT CANCELLATION, POSTPONEMENT AND FORCE MAJEURE

We reserve the right in our sole discretion to cancel or postpone the Event for any reason whatsoever including, without limitation, by reason of Force Majeure. We shall use our reasonable endeavours to notify you of cancellation or postponement as soon as possible, using the details provided by you at the time of ordering. Please inform Real Deals of any change to the contact address, telephone number or email address provided at the time of purchase, as this will be the primary method of communication for the Event.
If the Event is cancelled, moved to another date or venue city, or if details of the Event are significantly changed after an order is placed (significant changes being a material reduction in the Attendee Benefits being provided (“Material Change”)), the parties agree that:
1. we shall not be in breach of this Agreement or otherwise liable to you by virtue of Event cancellation, postponement, relocation or a Material Change; and
2. upon our notifying you pursuant to clause 8.1 of such cancellation, postponement, relocation or a Material Change, clauses 8.3 to 8.5 shall apply.
In the situation of the cancellation of the entire Event and withdrawal of all Customer Benefits, for any reason including as a result of Force Majeure., we shall offer you a credit or refund of the Attendance Fee and this Agreement shall automatically terminate
In the situation that the Event is re-scheduled or moved to another date or venue city, then the Ticket will remain valid for the re-scheduled or moved Event. However, the Attendee is granted a period of 14 days from notification of the postponement or relocation to apply in writing to Real Deals for a credit or refund of the Attendance Fee if the Attendee can no longer attend. Application should be made in writing to Events Logistics at Real Deals registered office or by email to events@realdealsmedia.com, quoting details of the Ticket purchased.
In the situation that there is a Material Change, then the Ticket will remain valid for the changed Event. However, the Attendee is granted a period of 14 days from notification of the Material Change to apply in writing to Real Deals for a reasonable reduction (and, where applicable, refund) of the Attendance Fee as we shall calculate in good faith, to reflect any material restriction in the benefit or value of the Attendee Benefits to you. Application should be made in writing to Events Logistics at Real Deals registered office or by email to events@realdealsmedia.com, quoting details of the Ticket purchased.
Except as provided for in this clause, once purchased no refund of the Attendance Fee will be given under this Agreement.
We shall not be deemed to be in breach of this Agreement or otherwise liable to you for any failure or delay in performing its obligations under this Agreement as a result of Force Majeure. The time for performance of our obligations shall be extended accordingly.

TERM AND TERMINATION

This Agreement shall take effect on the date that you complete the booking form and shall continue until expiry of the Term or until terminated earlier in accordance with its terms.
Either party has the right at any time to terminate this Agreement immediately by giving written notice to the other in the event that the other:
1. has committed a material breach of any of its obligations under this Agreement (including failure to pay any amounts due under this Agreement) and has not remedied any such breach (if capable of remedy) within 30 business days of being required to do so by written notice. However, we may reduce this notice period if we call upon you to remedy your breach at the latest by 2 days prior to the Event commencing; or
2. ceases or threatens to cease to carry on business, is unable to pay its debts as they fall due, has an order made or a resolution passed for its winding-up (other than for a bona fide reconstruction), has an administrator, receiver, liquidator or similar or equivalent officer or manager appointed, makes any arrangement or composition with its creditors, or makes an application for the protection of its creditors in any way.
We shall have the right to terminate the Agreement immediately by giving written notice to you if you undergo a change of control (within the meaning of section 1124 of the Corporation Tax Act 2010).
Expiry or termination of this Agreement shall not affect any rights, remedies, liabilities or obligations that may have accrued as at the date of such expiry or termination.
Upon expiry or termination of this Agreement, all outstanding sums owing to us at the date of expiry or termination shall be paid by you without deduction or set-off.
Upon expiry or termination of this Agreement, the parties agree that:
1. our obligations to provide Attendee Benefits shall immediately cease;
2. any licences granted pursuant to this Agreement shall immediately cease except as specified in clause 2.3.2; and
3. you shall destroy any Event Materials and remove all Event Marks from any other materials in your possession.
Each party shall promptly return to the other any property of the other within its possession or control.
The following provisions shall survive expiry or termination of this Agreement: clauses 3.13, 7 (except 7.4 and 7.7), 9.5, 9.6, 9.7, 10, 11, 13.10 and 13.13.

LIMITATION OF LIABILITY

Subject to clause 10.3, our maximum aggregate liability to you, whether such liability arises in contract, tort (including negligence) or otherwise, howsoever arising, under or in connection with this Agreement or in connection with the Event, shall be limited to the amount of the Attendance Fee paid by you (“the cap”), provided that where any sums are refunded to you under clauses 8.3, 8.4 or 8.5 the cap shall be reduced by the amount of the refund.
Subject to clause 10.3, we shall not under any circumstances be liable to you whether in contract, tort (including negligence) or otherwise for: (i) loss of profit or anticipated profit; (ii) loss of or damage to data; (iii) loss of anticipated savings or interest; (iv) loss of revenue or anticipated revenue; (v) loss of or damage to reputation or goodwill; (vi) loss of business opportunity; (vii) wasted expenditure; or (viii) any indirect, special or consequential damages.
Nothing in this Agreement shall limit or exclude a party's liability for:
1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
2. fraud or fraudulent misrepresentation; or
3. any other liability which cannot be limited or excluded by applicable law.

CONFIDENTIALITY

Each party shall treat in strictest confidence all Confidential Information obtained from the other party or its employees, contractors, advisors or representatives (“Representatives”) pursuant to this Agreement and shall use such Confidential Information solely for the purpose of exercising its rights or performing its obligations under this Agreement.
Except as provided for in this clause 11, neither party shall disclose any Confidential Information of the other party to any third party.
The provisions of this clause 11 do not apply to any information that is (i) lawfully obtained free of any duty of confidentiality otherwise than directly or indirectly from the other party; or (ii) already in the other party’s possession or in the public domain, other than as a result of a breach of this clause 11.
Each party may disclose such Confidential Information to those of its Representatives who may reasonably need to know the same to the extent required for the proper performance of this Agreement, provided that it informs such Representatives of the confidential nature of the information before disclosure. The disclosing party shall remain responsible for compliance by such Representatives with the confidentiality obligations set out in this Agreement.
A party may disclose Confidential Information to the extent such information is required to be disclosed by law, by any government or regulatory authority, provided that it gives as much notice as possible to the other party of the disclosure.
On expiry or termination of this Agreement each party shall
1. return to the other all documents and materials and any copies in any form or medium that contain or incorporate any Confidential Information of the other party; and
2. delete all Confidential Information of the other party from computer and communications systems and devices used or accessed by it including data storage services provided by third parties.
Neither party shall make, or permit any person to make, any public announcement, communication or circular concerning this Agreement without the prior written consent of the other party (such consent not to be unreasonably delayed).

ANTI-BRIBERY

You warrant that you shall:
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;
2. comply with such of our anti-bribery and anti-corruption policies as are notified to you from time to time;
3. maintain in place during the Term your own policies and procedures to ensure compliance under clause 12.1.1 and will enforce them where appropriate; and
4. promptly report to us any request or demand for any undue financial or other advantage of any kind received by or on behalf of you in connection with the performance of this Agreement.
Any breach of this clause 12 shall be deemed a material breach of this Agreement.

GENERAL

Each party warrants and undertakes to the other that it has full authority to enter into this Agreement.
This Agreement contains the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of this Agreement.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement (save that this shall not apply so as to limit or exclude either party's liability for fraud).
This Agreement is personal to you and you may not assign, transfer, mortgage, charge, sub-licence, subcontract or otherwise deal in any manner with any of your rights or obligations under this Agreement. We may at any time assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with all or any of its rights or obligations under this Agreement.
This Agreement shall not create, nor shall it be construed as creating any partnership, joint venture or agency relationship between the parties.
Each party confirms it is acting on its own behalf and not for the benefit of any other person.
A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
Notices shall be sent by first class registered post to the other party at the address for that party stated in the booking form (or such other address as that party shall notify in writing to the other from time to time), with a copy to be sent by email to the contact email address stated on the booking form. In the absence of proof of non-delivery, notices are deemed received two working days after being sent. This clause does not apply to the service of any proceedings or other documents in any legal action.
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
This Agreement and the rights and obligations of both parties shall be governed by, and construed in accordance with, the laws of England and Wales, the parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Real Deals Media Ltd is a company registered in England and Wales with company number 06859732.
VAT Registration Number 985 7956 35. Registered office: 120 Moorgate, London EC2M 6UR