1.1 What these terms cover
These terms and conditions, along with the terms and conditions for our events (found individually on event registrations pages (together the “Terms
”) govern your use of our website (found here: http://thinkdigital.travel
) and the Services (as defined below) associated with it.
1.2 Use of the Services
By accessing, registering and using the Services (as defined below), you agree to be bound by the Terms. If you do not wish to be bound by these Terms, do not access, register on our Website or use the Services. These Terms are effective from the date on which you first access, register on our Website or use the Services.
1.3 Who we are
In these Terms, “DTTT
” and “our
” refer to SE1 Media Limited (trading as “Digital Tourism Think Tank”), a company incorporated in England with registered number 05732153 whose registered office is at 77 Stour Street, Canterbury, Kent CT1 2NR, with VAT number GB 888696825
1.4 How to contact us
You can contact us by telephoning our customer service team at +44 20 7193 1003 or by writing to us at email@example.com.
1.5 How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us when you created your Account.
1.6 "Writing" includes emails
When we use the words "writing" or "written" in these terms, this includes emails.
1.7 Do you need extra help?
If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details above.
1.8 Changes to these Terms
We reserve the right to make changes to these Terms from time to time, at our absolute discretion. It is your responsibility to check these Terms from time to time to verify such changes.
2.1 In these Terms, except where the context requires otherwise:
an account created by a User on the Website when they register to use the Services;
a Member accessing the Website and/or the Services through their Membership for the first time (and “Activated” shall be construed accordingly);
any weekday other than a bank or public holiday in England;Business User:
any User (including, for the avoidance of doubt, any Member) acting otherwise than as a Consumer;
case studies produced by DTTT (including any videos and materials therein);
the written confirmation of DTTT’s acceptance of a User’s Registration Form and request to become a Member;
an individual acting for purposes which are wholly or mainly outside their trade, business or profession;
any event organised and/or hosted by DTTT;
the fee required from Users for Membership for each Membership Level, as set out in more detail in your Confirmation.
the various materials and resources made available on the Website and through Workshops by DTTT to Members as part of the Services, including but not limited to Training, Best Practices, Reports, Case Studies, Templates and Talks;
a User who has correctly submitted their Registration Form and paid their Fee, received a Confirmation, been assigned an Account and been granted access to the Materials;
a User’s membership to our Website and Services;
the legally binding contract between you and DTTT governing your legal rights and responsibilities and DTTT’s legal rights and responsibilities in relation to your Membership;
the different levels of membership registered and paid for by Users, as set out in more detail on your membership agreement;
any Membership in the name of an employer/organisation, and through which multiple employees of that employer/organisation have access;
the form that a User must complete in order to become a Member (as well as paying the relevant Fee) either on our Website or via direct email correspondence with us;
white papers produced by DTTT (or by another party on DTTT’s behalf);Services: the services provided by DTTT through the Website (including but not limited to the Supplier Directory, and any Workshops, Training and Events (whether provided through the Website or at a Venue));
an offer to Users and/or Members entitling them to obtain discounts on certain Services;
any talks (including but not limited to conferences, speeches or keynotes) hosted by DTTT or provided by DTTT via the Website (and including but not limited to any and all materials (e.g. brochures, presentations and recordings) therein);
frameworks and collaboration tools produced by and made available by DTTT;
Third Party Sites:
websites and other resources provided by third parties;Training: any training (including any relevant training materials) provided by DTTT (or third parties, as the case may be) either through the Website or through Workshops in accordance with these Terms;
any user of the Website, or the Services, in accordance with these Terms (including, for the avoidance of doubt, any Member);
any text, images, video, audio or other multimedia content, software or other information or material submitted by a User to or on the Website (with DTTT’s prior written consent);
a venue where an Event or a Workshop is held;
any terms and conditions, rules and regulations of any Venue;
our website http://thinkdigital.travel
(and www.xfestival.travel - where relevant) ; and Workshop: any workshop held by DTTT and/or any third party either through the Website or at a Venue in accordance with these Terms.
3 Our contract with you
You may only access and use the Website and the Services, and become a Member, if you have the legal capacity to form a binding legal contract under the laws of England and Wales. The Website and the Services will not be available to Users who have been temporarily suspended or blocked.
3.2 Our contract with you
These Terms apply to your use of the Website and the Services, and also to your Membership with us. By accessing the Website and using the Services, you agree to be bound by these terms. When you register an Account with us, you agree to be bound by these Terms by returning a signed agreement when first activating your membership.
3.3 Employers are bound by these Terms
If you are agreeing to these Terms on behalf of your employer (or otherwise acting as an employee) then you warrant that you are authorised to enter into binding legal contracts on your employer’s behalf, and also that you have the authority to enter into legally binding contracts on your employer’s behalf.
4 Registration and Membership
4.1 Member Registration
In order to become a Member and use some of the Services, and access certain parts of the Website, you will need to create an Account with us by completing the Registration Form. When you register an Account with us, you agree that you will:
4.1.1 at all times provide us with true, accurate, current and complete personal information, including a valid email address, and promptly update your personal information associated with your Account if and when it changes;
4.1.2 not create more than one Account without our prior written approval;
4.1.3 not allow anyone else to access your registration details or your Account (except for Members with a Multi-User Membership, as agreed with us with our prior written consent);
4.1.4 not use or attempt to use an anonymising proxy (a tool that attempts to make activity untraceable) or any similar tool; and
4.1.5 keep your Account details (including your user identification code and password) safe and secure.
4.2 Your Membership Contract
When you complete and submit your Registration Form to us (and provide us with your payment details), that is an offer to DTTT to become a Member which is subject to DTTT’s acceptance in writing. A Membership Contract between DTTT and you will only be formed when a Confirmation is sent by DTTT to you (whether or not it is received) using the contact details you provided at the time of registration, after your Fee has been received in full and in cleared funds by DTTT.
4.3 Membership duration
Membership Contracts last for a period of 12 months from the date on which the Confirmation is sent by DTTT to you, save in circumstances where termination occurs earlier in accordance with these Terms.
4.4 Upgrading your Membership Level
You may upgrade an existing Membership to a higher Membership Level in one of the following two ways:
4.4.1 during the first month of any Membership, by paying a sum equivalent to the difference in the Fee already paid for the current Membership Level and the Fee required for the new Membership Level (in which case the original Membership will continue at the new Membership Level); or
4.4.2 at any time, by paying the full amount of the Fee charged for the new Membership Level, in which case a new Membership at that new Membership Level will begin for a period of 12 months commencing on the date of the payment of that Fee.
4.5 Group Memberships
No group Accounts are permitted without our prior written consent. Where a Membership allows for a number of Users to have access through a single Membership, each Member will be able to add and remove other Members. It is therefore your responsibility to ensure that any Users who access the Website or the Services through your Membership are responsible and fully comply with these Terms.
4.6 Activity under your Account and Membership
You are responsible for all use of the Website and the Services which occurs under or in connection with your Membership and/or Account, and for any breach of these Terms which occurs as a result of such use whether an unacceptable use occurs or is attempted, whether you knew or show have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to it or acted with others or allowed any unacceptable use to occur by omission.
4.7 Membership within an organisation
Each Member shall be responsible for managing their Membership within their relevant organisation (including the administration of access to the Website and the Services). You may not add a User to your Membership who is not an employee or your organisation.
4.8 Special Offer Terms
Where membership is redeemed against a Special Offer the conditions of that offer supersede the membership payment and contract terms set out in the above clauses. This applies to temporary, trial, reduced rate or limited term Special Offers. If a limited term membership is offered, then Clause 5.5 'Membership Renewal' will not apply.
5 Fees and Payment
5.1 Where to find the Membership Fee
Information about the different Membership Levels, and the associated Fee for each Membership Level, can be found on your Confirmation.
5.2 Making payment
We accept payment via the Payment Providers, and also directly from you (via bank transfer and credit card, as set out in more detail in your Confirmation) in cases where we issue you an invoice (an “Invoice”). In the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
5.3 Fees are immediately payable
Any Fees are usually immediately payable online prior to the activation of your Membership (unless we notify you otherwise in writing). In the case of any Fee invoiced by DTTT in an Invoice, any such Fee shall be paid by the Member within 14 working days of the date of the invoice in question (unless we notify you otherwise in writing). We will charge interest at the rate of two per cent (2%) above the Bank of England base rate from time to time (and calculated on a monthly basis) on any outstanding amount until payment is received by us in full.
5.4 Your agreement to pay the Fee and taxes
When you submit your Registration Form to us, you agree to pay the Fee for any and all Services you purchase from us (including, for the avoidance of doubt, your Membership). You acknowledge that you shall be responsible for paying any and all applicable taxes due and payable in any jurisdiction with respect to your Fee (including but not limited to VAT in the EU).
5.5 Your Membership automatically renews
You acknowledge that your Membership (regardless of which Membership Level you have purchased) will automatically renew on an annual basis. You will be notified in advance of any such automatic renewal. Where an automatic renewal requires payment of a Fee, payment will be taken automatically in full on the renewal date using the payment details your provided in your Registration Form (and no Special Offer(s) that applied to your Membership when you initially purchased it will be continue or be carried forward without our prior written agreement).
5.6 Renewals constitute a separate order for Services
Any Membership renewal in accordance with paragraph 5.5 will constitute a separate order for Services and shall be treated as a separate binding legal contract between you and DTTT subject to these Terms.
The Fee and any other charges are payable in the currency stated on the Website and/or in your Confirmation. If no currency is specified, all fees are quoted in UK Pounds Sterling and shall exclude any and all applicable taxes in any relevant jurisdiction (including but not limited to VAT and/or GST).
5.8 Changes to the Fee
DTTT reserves the right to change its payment policy and the Fee charged for the Services from time to time, with such changes becoming effective immediately. However, any such changes will not affect existing Memberships until they are renewed in accordance with paragraph 5.5. If you wish to change or cancel your Membership due to changes we have made, please see paragraph 7 below.
6.1 Providing the Services
Subject to these Terms, we agree to provide the Website and the Services to you using reasonable care and skill, and in accordance with your Membership Level (if any). Specific details of the Services are set out on the Website.
6.2 Availability of the Services
You acknowledge that the Website and the Services may not be available, in whole or in part, in certain regions, countries or jurisdictions.
6.3 Using the Services
You acknowledge that the Website and the Services are made available provided:
6.3.1 they are only used in accordance with these Terms;
6.3.2 they are not used (or attempted to be used) for anything illegal, immoral or improper; and
6.3.3 all reasonable instructions given to you by DTTT are followed.
6.4 Using the Services
You must not use the Website or the Services:
6.4.1 in any way that does not comply with the terms of any legislation, statute, ordinance, regulation or any licence applicable to you;
6.4.2 in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses (including for example trojan horses, worms, time bombs, cancelbots, chain letters or other similar harmful or deleterious programming routines) or harmful data, into the Website or the Services or any operating system;
6.4.3 to transmit any material that is defamatory, offensive, pornographic, obscene or otherwise objectionable;
6.4.4 in any way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users; or
6.4.5 in any way that infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
6.5 Suspending the Services
We do not guarantee that the Website, or any content contained therein, or the Services will always be available or be uninterrupted. We reserve the right to suspend or withdraw the Website and/or the Services:
6.5.1 to deal with technical problems or make minor technical changes;
6.5.2 for business and operational reasons; and
6.5.3 to update the Website and/or Services to reflect changes in relevant laws and regulatory requirements,and we will try to give you reasonable notice of any such suspension or withdrawal.
6.6 Changes to the Website and the Services
We reserve the right to change the content, presentation, performance and availability of any part of the Website and the Services at our sole discretion.
6.7 Special OffersFrom time to time, DTTT may Special Offers to Users and/or Members. Any such Special Offer:
6.7.1 will only be valid for the stated Service (and not for any other parts of the Services);
6.7.2 will only be valid for the stated time period (or until DTTT cancels or removes the Special Offer in its absolute discretion);
6.7.3 may only be redeemed against a new purchase, and not against any existing Membership;
6.7.4 will only be valid for one promotional code per purchase;
6.7.5 may only be redeemed on the Website (unless otherwise stated in the Special Offer);
6.7.6 has no cash value and cannot be redeemed for cash or benefits in kind;
6.7.7 is non-transferable (unless otherwise stated in the Special Offer); and
6.7.8 where a Special Offer is sent by email, the email address used in the booking must be the same as the email address to which the Special Offer was sent in order to qualify.
6.8 Changes to Special Offers
DTTT reserves the right to change or cancel a Special Offer at any time, at its sole discretion.
7 Cancellations and Refunds
7.1 Suspension and Termination of your Membership
DTTT reserves the right, in its absolute discretion and without prior notice, to suspend or permanently disable your Membership and/or your Account and/or your access to the Website with immediate effect and with no liability to you if:
7.1.1 there has been any breach of these Terms by you or through your Membership and/or Account;
7.1.2 you use the Website or the Services in any way that is disruptive to our clients, or in a way which in our reasonable opinion is likely to damage our reputation and bring us into disrepute;
7.1.3 you breach or attempt to breach the security of the Website or the Services, including but not limited to: modifying or attempting to modify any information; unauthorised log-ins; unauthorised data access or deletion; interference with the Services, systems, host or network; reverse engineering of any kind of the Website or the Services; hacking; falsifying data; introducing viruses of any kind (including for example trojan horses, worms, time bombs, cancelbots, chain letters or other similar harmful or deleterious programming routines) or harmful data; or
7.1.4 you are, in our reasonable opinion, using or attempting to use the Website and/or the Services in connection with any fraudulent, illegal or unethical activity, or are permitting a third party to do so.
7.2 Opt out of automatic renewal of Membership
You can cancel any automatic renewal of your Membership at any point during the initial 12-month period of that Membership, or in any subsequent year of Membership, by getting in touch with us.
7.3 Consumers have an automatic right to cancel
As a Consumer in the United Kingdom, you have the right to cancel a distance contract (which includes a contract concluded online) within 14 working days of the date of purchase (the “Consumer Cancellation Period”) provided you have not Activated your Membership during that period. If you are acting as a Consumer and notify us of your wish to cancel your contract with us within the Consumer Cancellation Period and you have not yet Activated your Membership, DTTT shall refund you the Fee paid for the relevant Services (within a reasonable time of DTTT’s receipt of your notice to cancel).
7.4 When Consumers lose their automatic right to cancel
As a Consumer, if you Activate your Membership during the Consumer Cancellation Period, then you will lose your automatic right to cancel your contract with us. If you are acting as a Consumer and notify us of your wish to cancel the contract outside the Consumer Cancellation Period, or at any time after you have Activated your Membership, then any Fee paid by you for the relevant Services shall be non-refundable.
7.5 Cancellation – Business Users
If you are acting as a Business User, then if you notify us of your wish to cancel the contract within 3 working days from the date of purchase (the “Business Cancellation Period”) and you have not yet Activated your Membership, then DTTT shall refund you the Fee paid for the relevant Services (within a reasonable time of DTTT’s receipt of your notice to cancel). If you notify us of your wish to cancel your contract with us after the Business Cancellation Period, or at any time after you have Activated your Membership, then any Fee paid by you for the relevant Services shall be non-refundable.
7.6 How we will refund you
In the event a refund is due to you under paragraphs 7.3 or 7.5, we shall refund you using the payment details you provided in your Registration Form.
7.7 All Membership benefits expire when your Membership ends
When your Membership ends or is terminated in accordance with these Terms, all Membership benefits will expire and your access to any such benefits, and to your Account, will cease with immediate effect. For the avoidance of doubt, no credit will be given for any unused portion of any Membership (for example, no credit will be given if fewer Users are on a Multi-User Membership than the total number permitted under the Membership Level in question).
7.8 Multi-User Membership – leaving an organisation
In the event that you cease to be an employee of an organisation/employer which maintained a Multi-User Membership, the provisions of paragraph 7.9 shall apply to you with immediate effect and you shall be treated in every respect as if your own Membership has come to an end.
7.9 Obligations on termination
In the event your Membership is terminated or otherwise comes to an end for any reason, you shall immediately surrender to DTTT and/or destroy any and all Materials in your possession (including but not limited to any hard copies and any copies stored in any magnetic or optical drive or memory (or derived from sources).
8 Use of the Website
Our aim in making the Website and the Services available is to provide thought leadership to the tourism industry in digital marketing best practice. The Website is a venue for digital marketing and tourism professionals to obtain information in the form of research, to share information and opinions and to advertise.
8.2 The Website
While we try to make sure that the Website is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose, and we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
8.3 We are not responsible in any way for User Content
Although Users may choose to conduct business related communications and transactions through the Website, DTTT is not involved in any such communications or transactions and as a result, DTTT has no control over the quality, safety, truth, accuracy or legality of any User Content (including but not limited to any products, items, vacancies, statements or services posted or offered through the Website by Members and/or Users). DTTT does not have any ability whatsoever to represent, warrant or guarantee the integrity of the providers or purchasers of such User Content. The views expressed by Users on the Website do not represent our views or values.
8.4 If you wish to complain about content on the Website
Please use caution and common sense when using the Website. If you wish to complain about any User Content, or Materials, or any other content on the Website, please contact us here: firstname.lastname@example.org.
8.5 We reserve the right to remove content from the Website
We have the right to remove any content on the Website (including but not limited to any User Content and/or Materials) if, in our reasonable opinion, it does not comply with the content standards set out in our Acceptable Use Policy.
8.6 Securing and backing up User Content
You are solely responsible for securing and backing up your User Content.
8.7 Do not rely on information on the Website
The content on the Website (including the Materials and the User Content) and/or provided through the Services is provided for general information only. It is not intended to amount to advice of any kind (including financial, technical or legal) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Any reliance that you may place on any information on the Website is at your own risk. DTTT cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any information provided on the Website and/or through the Services (including, for the avoidance of doubt, the Materials and the User Content).
8.8 We are not responsible for Third Party Sites
Where the Website contains hyperlinks to Third Party Sites, these hyperlinks are provided for your information only. Such hyperlinks to Third Party Sites should not be interpreted in any way as an approval by us of those linked Third Party Sites or information you may obtain from them. We have no control over the contents of any Third Party Sites.
8.9 Rules about linking to the Website
You may link to our home page on the Website (located here: http://www.thinkdigital.travel, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. Any website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
8.10 We do not verify Users’ identities
We cannot and do not verify the identity of each User (regardless of whether or not they are a member). We do however allow Members to give access to information about themselves to other Members, should they wish to do so. Sharing any information about yourself with other Members is entirely at your own risk.
8.11 Disputes with other Members - release
In the event that you have a dispute with one or more Members or Users, you agree to release DTTT (and our officers, employees, subsidiaries and agents) from any and all claims, demands and damages (actual and consequential) of any kind and any nature, known and unknown, disclosed and undisclosed, arising out of or in connection with any such dispute.
8.12 Uploading content to the Website
Whenever you make use of a feature that allows you to upload content to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
8.13 Rights in the User Content
Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you are required to grant us and other users of our Website a limited licence to use, store and copy that User Content and to distribute and make it available to third parties.
8.14 When we can disclose your identity
We have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
9 The Materials
9.1 Intellectual property rights in the Website and the Materials
We are the owner or the licensee of all intellectual property rights in the Website, the Services and the Materials, and in all the material published therein (except for those rights in the User Content), and those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 Use of the Materials - Users
If you are a User (but not a Member), DTTT hereby grants you a non-exclusive, non-transferable, worldwide limited licence until such time as DTTT may choose to revoke such a licence to download, store, use, reproduce, transmit, display, and copy the Materials, and to use the Website and the Services in accordance with these Terms, at all times only for your own personal use (and not for any commercial or business use or any profit-making purposes whatsoever). Our status (and that of any identified contributors) as the authors of content on the Website (including, for the avoidance of doubt, the Materials) and the Services must always be acknowledged. You must not alter or remove any copyright notices or other notices indicating rights in the Materials.
9.3 Use of the Materials - Members
If you are a Member, DTTT hereby grants you a non-exclusive, non-transferable, worldwide limited licence for the duration of your Membership to download, store, use, reproduce, transmit, display, copy and provide access to the Materials, and to use the Website and the Services, in accordance with the terms of your Membership and these Terms and at all times only for your own internal business purposes and not for any commercial or business use or any profit-making purposes whatsoever (without our prior written consent). Our status (and that of any identified contributors) as the authors of content on the Website (including, for the avoidance of doubt, the Materials) and the Services must always be acknowledged. You must not alter or remove any copyright notices or other notices indicating rights in the Materials.
9.4 Restrictions on your use of the Materials
For the avoidance of doubt, the licence granted in paragraphs 9.2 and 9.3 (the “Licence”) shall not permit you to do any of the following without our prior written consent:
9.4.1 transfer the Licence;
9.4.2 to use the Materials for any purpose other than as set out in paragraphs 9.2 and 9.3;
9.4.3 in any way commercially exploit any of the Materials (or the Website or the Services or any part of them);9.4.4 to use the Materials (or the Website or the Services or any part of them) for any illegal, immoral or improper purpose; or
9.4.5 to sub-licence, rent, lease, transfer or assign any intellectual property rights in the Materials (or the Website or the Services or any part of them) to any other person, or attempt to do any of the foregoing.
10 Workshops and Events
10.1 Overview of Workshops
DTTT sometimes provides training through the Website and at other Venues. Users may access some Training online at no charge, however other Training and Workshops may attract a fee. Workshops can be booked via the Website on the Workshop booking form (found here: [ ]) or by contacting us directly. The arrangements for any Training and Workshops are subject to our confirmation of the booking, usually by email (the “Workshop Confirmation”).
10.2 Bespoke Workshops
Where a Member wishes to arrange a bespoke Workshop, the Member and DTTT shall together agree on the Venue (acting reasonably and in good faith), although the final decision regarding which Venue is to be used for the Workshop in question shall be at DTTT’s sole discretion. The Member shall be responsible and liable, at its own cost, for the provision of the Venue and any other necessary facilities reasonably requested by DTTT or the host(s) of the Workshop. The Member shall ensure that the Venue is safe and adequate for the provision of the Workshop in question to participants, and shall provide DTTT with any applicable Venue Terms at least two weeks in advance of the scheduled date of the Workshop.
10.3 Workshop hosts do not represent DTTT
The Workshop hosts do not represent DTTT and the views and opinions of such hosts are not necessarily the views and opinions of DTTT. DTTT accepts no liability for any acts or omissions of any Workshop hosts (or the statements such hosts make and/or the information they provide).
10.4 Workshop Confirmation terms and conditions also apply
Any additional terms and conditions set out in the Workshop Confirmation shall also apply (where relevant), and shall be incorporated into these Terms as if set out in full here.
10.5 We reserve the right to make changes to Workshops
DTTT shall use its reasonable endeavours to ensure that any Workshops are undertaken by any named host(s) and at the Venue, and on the relevant date(s) and time(s) as agreed, but where this is not possible DTTT reserves the right to alter the date(s) and/or time(s) of Workshops, and procure the services of suitable alternative host(s) and/or Venues for Workshops, provided that we shall give the Member(s) notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the Member the right to terminate.
By attending an Event and/or a Workshop, you agree to be bound by the Event Terms. The Event terms can be viewed on request.
10.7 X. Festival Awards
If you have submitted your vote, then you won’t be able to vote again.
When the vote is open, it will appear at www.xfestival.travel/awards/vote. If you can’t see it, try refreshing the page. The shortlisted entries will be listed in a random order.
We invite you to vote for the nominees that you liked best, based on their projects/campaigns. However, we will not release any voting figures as this could affect the way that people vote, and also have an impact on the participants.
11 Collection of Information
11.1 Verification and checks
11.2 By accepting these Terms you authorise us to make inquiries about you
By accepting these Terms and using the Website and the Services, you authorise us to make any inquiries which we may consider necessary to validate the information which you provide to us. This may be done directly, for example by us asking you for additional information or requiring you to take steps to confirm ownership of your email address; or indirectly, by for example verifying your information against third party databases or through other sources.
11.3 How we may use your personal information
12 Our responsibility for loss or damage suffered by you
12.1 Whether you are a Consumer or a Business User
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
12.2 If you are a Business User
We exclude all implied conditions, warranties, representations or other terms that may apply to the Website (or any content on it) and/or the Services. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
12.2.1 use of (or inability to use) the Website or the Services; or
12.2.2 reliance on any content on the Website or contained in the Services, and in particular we shall not be liable for:
12.2.3 loss of profits, sales, business or revenue;
12.2.4 business interruption;
12.2.5 loss of anticipated savings;
12.2.6 loss of business opportunity, goodwill or reputation; or
12.2.7 any indirect or consequential loss or damage.
12.3 If you are a Consumer – our liabilityYou agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 If you are a Consumer - we are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.5 If you are a Consumer
These Terms are not intended to and do not change or exclude any statutory consumer rights that cannot be lawfully changed or excluded.
12.6 Whether you are a Consumer or a Business User – misuse of the site
The DTTT shall not be responsible or liable in any way for any damage caused by any misuse of the Website and/or the Services by you or any third party (or caused by any service).
12.7 Whether you are a Consumer or a Business User – errors, viruses, etc.
We do not warrant that the Website and the Services will be uninterrupted, error free, or free from service degradation, or that any information, software, or other material accessible on the Website or the Services are free from viruses, worms, trojan horses, or other code that manifests contaminating, interfering, or destructive properties. We cannot and do not guarantee the security or integrity of data transmission or storage, or that viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties will be detected or remediated by Website or the Services. Using the internet is at your own risk. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website and/or the Services or to your downloading of any content from the Website, or on any website linked to it.
12.8 Whether you are a Consumer or a Business User - we are not liable for your use of information
Under no circumstances will DTTT be liable for direct, indirect or consequential losses resulting from your use of any information, commentary, advice or other content (including, for the avoidance of doubt, the Materials and the User Content) on the Website irrespective of who the contributor is.
12.9 Whether you are a Consumer or a Business User – security
You acknowledge and accept that we cannot guarantee the security of the Website and/or the Services against unlawful access or use. You should make sure that you have adequate security to prevent unlawful access to or use of the Website and the Services, access to your computing equipment or disclosure of your confidential information.
12.10 Whether you are a Consumer or a Business User – events beyond our control
We do not, in any event, accept responsibility for any failure to make the Website available and/or to provide the Services as a result of circumstances or events which could reasonably be considered as unforeseen and/or outside our control (including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident) or as a result of our obligations under any applicable laws, rules or regulations.
12.11 Whether you are a Consumer or a Business User - indemnity
You agree to indemnify (and to keep indemnified) on demand, defend and hold harmless DTTT and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it (or they) may incur, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, your use of the Materials and/or the Website and/or the Services, or your violation of any law or the rights of a third party.
13 Other important terms
13.1 We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation.
13.2 You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of these Terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings
These Terms are governed by English law and you can bring legal proceedings in respect of the Terms in the English courts.