This document is the Brandwatch ticket terms of sale (“T&Cs”). We are Runtime Collective Limited (doing business as Brandwatch), and we refer to ourselves as “we”, “us”, “our” or “Brandwatch”. Our registered office address is at Sovereign House, Church Street, 1st Floor, Brighton, BN1 1UJ, United Kingdom. Our company number is 03898053 and our VAT number 754 7507 10. You are the individual who visits our website or has purchased a ticket or other item from us (“Ticket”). By using or visiting our conference website (“Website”) you expressly agree to be bound by these T&Cs.
1. BUYING AND SELLING TICKETS
1.1. We sell Tickets to an event that we organise and promote. To purchase a Ticket from us, you must be at least 18 years of age and have a valid credit/debit cared issued in your name.
1.2. We do not sell Tickets to consumers, as that term is defined under applicable English law. If you are a consumer, please do not buy a Ticket from us. If you buy a Ticket and we find out you are a consumer, we reserve the right to cancel the Ticket and refund you the purchase price with immediate effect, within our sole discretion.
1.3. Any Ticket you purchase is subject to these T&Cs, any special terms and conditions which may be displayed on the Website, and any other terms and conditions set out on the Ticket itself (if any). Please also note that the venue at which the event will take place may have its own terms and conditions. We are not responsible for any venue terms and conditions, which will be available at the venue.
1.4. By providing us with the required information and clicking “Order Now” on our Website, you submit an offer to us to buy a Ticket. However, your purchase is not complete, and a contract is not formed, until we have confirmed your purchase by email. Your contract with us terminates when the event for which you have purchased a Ticket is completed.
1.5. After your purchase is complete, we will send you an email that has your Ticket attached as a pdf. If you do not receive your Ticket within 72 hours of ordering, please contact our customer service for assistance at email@example.com.
1.6. When you receive your Ticket, please check it immediately to ensure it is accurate. Please also keep it in a safe place, as we cannot guarantee admission to the event if you do not have your Ticket.
2. PRICES, CANCELLATIONS AND REFUNDS
2.1. We will charge you the purchase price of the Ticket as set out on the Website. We will charge you via the method of payment you choose to purchase the Ticket after we’ve confirmed your order with you.
2.2. These T&Cs are not subject to distance selling rules. Once we have confirmed your order, you are not entitled to cancel the purchase of a Ticket.
2.3. We try to ensure that all prices on our Website are accurate. However, we’re human, so errors may occur. If we discover an error in the price of any Ticket you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price (and credit or debit your account as applicable) or cancelling your order. If we are unable to contact you, you agree that we may treat the order as cancelled. If you choose to cancel after you have already paid the incorrect price, you will receive a full refund from us.
2.4. Even after we have confirmed an order from you, we reserve the right to cancel your order and refund you the purchase price of the Ticket if we reasonably suspect the purchase was made fraudulently; if you are a competitor or associated with another business that we do not want to attend the event, within our sole discretion; we determine your presence would not be in our interests; or otherwise not in accordance with these T&Cs.
3. THE EVENT
3.1. If we have to cancel or reschedule the event, we will use reasonable endeavours to notify you of the cancellation or rescheduling as soon as reasonably practicable. If an event is cancelled and not rescheduled, we will give you a refund of the purchase price of the Ticket. If an event is rescheduled, in whole or in part, we will give you the opportunity to cancel and receive a refund or to attend the event at the rescheduled time and/or place.
3.2. We will use reasonable endeavours to allow latecomers admittance to the event. However, if you are late we cannot guarantee admission immediately.
3.3. The venue reserves the right to refuse you admission or to remove you from the venue if you breach of the venue’s terms and conditions. The venue also reserves the right to conduct reasonable security searches to ensure the safety of event attendees.
3.4. The unauthorised use of photographic and recording equipment is prohibited. Any photos, videos, and/or recordings may be destroyed or deleted by us.
3.5. By attending the event, you consent to filming and sound recording of the event.
3.6. We, or our licensors, own all intellectual property rights in the Website, event and any other services we provided related to the same. You are not granted any intellectual property rights of any kind under these T&Cs.
4. EXCLUSION AND LIMITATION OF LIABILITY
4.1. What we’re liable for: Nothing in this Agreement excludes or limits our liability for any liability that cannot be excluded or limited under Applicable Law (such as fraud).
***IMPORTANT: PLEASE READ SECTIONS 4.2-4.3 CAREFULLY AS THEY EXCLUDE AND/OR LIMIT OUR LIABILITY TO YOU***
4.2. Losses we’re never liable for: Subject to section 4.1, we exclude all liability, whether in tort (including for negligence), breach of statutory duty, contract, misrepresentation, restitution or otherwise, direct or indirect, whether foreseeable, known, foreseen, or otherwise, for any: (a) loss of revenue or profits (of any kind); (b) loss of goodwill; (c) loss of business; (d) failure to process data adequately; (e) loss or corruption of data or information; or (f) for any special, indirect, or consequential loss, costs, damages, charges, or expenses, however arising.
4.3. Liability cap: Subject always to sections 4.1, 4.2, and 5.8, our total liability, however arising, will under no circumstances exceed in aggregate, the greater of 150% of the purchase price of your Ticket.
5.1. Privacy: Our Privacy Statement has additional information about our data privacy practices and forms part of these T&Cs.
5.2. Rules of interpretation: The following rules of interpretation apply to this Agreement: (a) the words “include”, “including”, “in particular” or “for example” are deemed to have the words “without limitation” following them; (b) references to the singular include the plural and vice versa; and (c) for the avoidance of doubt, references to “will” are intended to place a requirement on a party to do, or not to do, whatever follows “will”.
5.3. Force Majeure: We are not liable for a breach caused by an event beyond its reasonable control, including a natural disaster, disease outbreak, war, riot, terrorist action, civil commotion, malicious damage, government action, industrial action or dispute, fire, flood, storm, or failure of third party telecommunications, or other services (“Force Majeure”).
5.4. Invalidity: If any term of this Agreement is found invalid, illegal or unenforceable, the rest of the Agreement remains in effect.
5.5. No waiver: Our delay or failure to enforce a term of the Agreement is not a waiver of that right and does not prevent us from later enforcing that or any other term.
5.6. We will communicate with you via the email address and/or postal address you provide to us when purchasing a Ticket. You will communicate with us via the email address firstname.lastname@example.org.
5.7. Assignment: You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with this Agreement or any right, benefit or interest under it, nor transfer or novate (or sub-contract any of your obligations under it) (each of these, an “Assignment”) without our prior written consent, and any Assignment without our prior written consent is null and void.
5.8. Entire agreement: This Agreement, including materials incorporated herein by reference, constitutes the complete and exclusive statement of agreement and understanding between the parties, which supersedes and excludes all prior or contemporaneous proposals, understandings, agreements, or representations, whether oral or written, with respect its subject matter. You acknowledge and agree that no representations were made prior to the entering into of this Agreement and that, in entering into this Agreement, you do not rely on, and will have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out or referred to in this Agreement. Nothing in this Agreement will exclude or limit our liability for fraudulent misrepresentations or will exclude (but this Agreement does limit) our liability for any fundamental misrepresentation. The only remedy available to you for breach of this Agreement will be for breach of contract under the terms of this Agreement.
5.9. Third party rights: Nothing in this Agreement creates or confers any rights or other benefits in favour of any person other than the parties to this Agreement even if that person has relied on any such term or has indicated to any party to this Agreement its assent to any such term.
5.10. No agency: This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
5.11. Waiver of Jury Trial: This is important, please read: each party waives all rights to jury trial in any legal proceedings arising out of or relating to this Agreement (if any).
5.12. Governing law and jurisdiction: These T&Cs, and any non-contractual disputes arising out of or related to them, are governed by English law and any disputes arising out of or related to these T&Cs are subject to the exclusive jurisdiction of the English courts.