Leading Design New York 2019

These terms and conditions apply to any booking to attend our events.

We draw your attention to clause 6, which contains a limitation of our liability, and clause 9.2, which contains an indemnity in respect of your data protection obligations.

1. INTRODUCTION

1.1 The event is organised and managed by Clearleft Limited, a company registered in England and Wales with registration number 05466565 The Old Casino, 28 Fourth Avenue, Hove, BN3 2PJ. 1.2 References to “us” means Clearleft Limited and references to “we” and “our” shall be construed accordingly. Reference to “you” means the entity completing a booking request and references to “your” shall be construed accordingly. References to “event” include both real-world and online events and, in respect to online events, “attending the event” and “attendee” shall be construed accordingly. 1.3 All applications to register for the event, and all orders to purchase the relevant documentation pack, are made subject to these terms & conditions (which shall apply to the exclusion of any terms you attempt to incorporate into our agreement with you). 1.4 You acknowledge and accept that we have the right to publicly announce our business relationship with you which shall include but not be limited to announcements on social media. Such announcements shall not be disparaging or otherwise adverse to your business.

1. BOOKINGS

2.1 All applications to register for the event are subject to availability and full payment being received by us. 2.2 Delegate passes issued for the event are valid for the named attendee only and, subject to clause 4.2 below, cannot be transferred to any other person.

1. PRICES AND PAYMENT

3.1 The prices for attending the event, are set out on the relevant registration booking form or on our website You may also obtain prices from us on request. Prices may be subject to change from time to time. 3.2 If you apply to register for the event less than two (2) weeks before the date of the event we will only accept payment by a credit card, unless we expressly agree otherwise in writing. If for any reason we have not received payment in full prior to the date of the event you (or the attending delegate) will be asked as a condition of being permitted to attend the event to provide payment by credit card on the day of the event. We reserve the right to cancel your booking at any time and refuse access if full payment has not been received. 3.3 You acknowledge and accept that If payment is not made in accordance with this Clause 3, interest on the overdue balances (including any period after the date of any judgment or decree against the Customer), and late payment fees, fall due and payable and are calculated upon the basis set out in the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).

1. CHANGES TO THE EVENT AND CANCELLATIONS

4.1 It may be necessary for reasons beyond our reasonable control to alter the advertised content, timing and/or location of the event or the advertised speakers. We reserve the right to do this at any time. For in-person events where we alter the date and/or location of the event, we will provide you with notice of the same and will offer you the choice of either: (a) the opportunity to attend the virtual version of the event, if available, and a partial refund (for the different in price between the in-person and virtual events) or (b) credit for a future event of your choice (up to the value of sums paid by you in respect of the event) to be used within 12 months of the alteration notice; or (c) the opportunity to attend the event as varied. For virtual events where we alter the date, we will provide you with notice of the same and will offer you the choice of (a) access to the content on-demand for three months or (b) an opportunity to attend the event as varied. 4.2 If a delegate is unable to attend the event we welcome a substitute delegate attending at no extra cost provided that we have at least two (2) days’ prior notice of the name of your proposed substitute and payment has been received in full. Please notify us of any substitutions by email at events@clearleft.com. 4.2.1 If a delegate is unable to attend an in-person event due to government travel restrictions relating to the COVID-19 pandemic we will offer (a) access to the virtual version of the event where available or (b) access to the content on-demand for three months or (c) credit for a future event of your choice (up to the value of sums paid by you in respect of the event) to be used within 12 months of the alteration notice. 4.3 We ask that you notify us if a delegate cannot attend the event. If you would like to make a cancellation in respect of a booking, no refunds will be given except in accordance with this clause You may cancel a booking only by sending an email to events@clearleft.com clearly identifying the event, the number of delegates and the delegate names the cancellation is in respect of. If we receive a valid cancellation email: 4.3.1 more than two (2) months prior to the planned date of the event, a 75% refund will be issued; 4.3.2 between two (2) months and one (1) month prior to the planned date of the event, a 50% refund will be issued; and 4.3.3 less than one (1) month prior to the planned date of the event, no refund will be given. 4.4 Any refund due under clause 4.3 shall be paid within 28 days of receipt of the cancellation notice. 4.5 We shall not be liable to you for costs and expenses incurred (included wasted costs and expenses) if we are required to cancel or relocate the event as a result of an event outside our reasonable control (including, without limitation, to acts of God, floods, lightning, storm, fire, explosion, war, military operations, acts or threats of terrorism, strike action, lockouts or other industrial action or a pandemic, epidemic or other widespread illness). 4.6 You have no right to cancel a booking except in accordance with this clause 4.

1. CONTENT

5.1 All rights in all presentations, documentation and materials published or otherwise made available as part of the event (including but not limited to any documentation packs or audio or audiovisual recording, broadcast or stream of the event) (“Content”) are owned by us or are included with the permission of the owner of the rights. No (i) photography, filming, recording or copying or (ii) republication, broadcast, stream, or other dissemination of the Content is permitted. You shall not distribute, reproduce, modify, store, transfer or in any other way use any of the Content (save that use by the relevant delegate for internal business purposes shall be permitted), and in particular (but without limitation) you shall not (and shall procure that each of your delegates shall not): 5.1.1 upload any Content into any shared system; 5.1.2 include any Content in a database; 5.1.3 include any Content in a website or on any intranet; 5.1.4 transmit, recirculate or otherwise make available any Content to anyone else; 5.1.5 make any commercial use of the Content whatsoever; or 5.1.6 use Content in any way that might infringe third party rights or that may bring us or any of our affiliates into disrepute. 5.2 The Content does not necessarily reflect our views or opinions. 5.3 Suggestions or advice contained in the Content should not be relied upon in place of professional or other advice. Whilst we take reasonable care to ensure that the Content created by us is accurate and complete, some of it is supplied by third parties and we are unable to check its accuracy or completeness. You should verify the accuracy of any information (whether supplied by us or third parties) before relying on it. The Content is provided on an “as is” basis without any warranties of any kind (express or implied). We hereby exclude to the fullest extent permitted by law all liabilities, costs, claims, damages, losses and/or expenses arising from any inaccuracy or omission in the Content or arising from any infringing, defamatory or otherwise unlawful material in the Content. 5.4 To the extent that any Content is made available by us online or in any other way other than physical hard copy form we reserve the right to suspend or remove access to such Content at any time.

1. LIABILITY

6.1 Subject to Clause 6.4, our aggregate liability to you, whether such liability arises in contract, tort (including negligence) or otherwise, for any damages, loss, costs, claims or expenses of any kind howsoever arising, out of in connection with any booking (or requested booking) made by you or otherwise in relation to an event, shall be limited to the price paid by you in respect of your booking to attend the event. 6.2 Subject to Clause 6.4, we shall not be liable to you for: (i) any loss of profit, loss of or damage to data, loss of anticipated savings or interest, loss of or damage to reputation or goodwill; or (ii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind. 6.3 You agree to indemnify us, our staff and our affiliates and to hold us harmless to the fullest extent permitted by law, against all loss, costs, claims or expenses of any kind arising from any act or omission by you (including your delegates) during or otherwise in relation to an event. 6.4 Nothing in this these Terms and Conditions shall limit or exclude a party’s liability for: 6.4.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; 6.4.2 fraud or fraudulent misrepresentation; or 6.4.3 any other liability which cannot be limited or excluded by applicable law.

1. GENERAL

7.1 These terms and conditions (together with any documents referred to herein or required to be entered into pursuant to these terms and conditions) contain the entire agreement and understanding between us and supersede all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these terms and conditions and any such document. 7.2 You acknowledge that in registering a delegate place you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these terms and conditions. 7.3 Clearleft Limited is part of an enlarged group which pledges to trade legally and respect all laws including the trade sanctions imposed by EU and US Governments. We operate a group sanctions policy which means that we cannot allow attendees at our events or awards to be based, residing or connected with a country or organisation subject to EU and/or US Government sanctions and we reserve the right to refuse bookings from or entry to any such persons or organisations. 7.4 These terms and conditions shall not create, nor shall they be construed as creating, any partnership or agency relationship between us. 7.5 You accept that communication with us may be electronic. We may contact you by email or provide you with information by posting notices on our website. You agree to this electronic means of communication and you acknowledge that all such communications that we provide to you electronically comply with any legal or contractual requirement that such communication be made in writing. 7.6 Save as set out in Clause 4.2 you are not permitted to resell, transfer, assign or otherwise dispose of any of your rights or obligations arising under these terms and conditions. 7.7 These terms and conditions and the rights and obligations of both parties shall be governed by, and construed in accordance with, the laws of England and Wales and both parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute which arises hereunder. 7.8 A contract formed under these terms shall terminate at the later of: (a) the end of the event (as reasonably determined by us) or (b) on completion of all your obligations under the contract.

1. CONSUMER RIGHTS

8.1 If you are booking to attend an event and are a consumer within the definition in the Consumer Rights Act 2015 or under other applicable consumer protection laws, nothing in these terms shall exclude or limit any consumer rights that cannot be excluded or limited by law.

DATA PROTECTION AND PRIVACY POLICY

9.1 We are the Data Controller for the purposes of the Data Protection Act 2018 and the General Data Protection Regulation (Regulation (EU) 2016⁄679)) (“GDPR”).

9.2 By making a booking and providing any delegate personal data (as defined in the GDPR) to us, you warrant that: (i) you have a lawful basis for processing the personal data, including (where applicable) fully informed consent (as defined in the GDPR) and notices in place to enable lawful transfer of the data to us; (ii) you have brought our privacy policy to the attention of each delegate you are booking to attend an event; and (iii) agree to fully indemnify us for any and all loss suffered in connection with a breach of your obligations under this clause 9.2.

9.3 If making a booking to attend the event yourself, you acknowledge that we may process your personal data in accordance with our privacy policy. Privacy Policy Customer service We communicate with users on a regular basis to provide requested services and about issues relating to their account. We reply via email or phone. Sharing Clearleft does not pass on or sell information about our customers to any other business or organisation. The only exception to this is where we are legally obliged to do so to comply with a current judicial proceeding, a court order or legal process served on our website.

BUSINESS TRANSITIONS

In the event Clearleft Ltd goes through a business transition, users will be notified via a prominent notice on our website for 30 days prior to a change of ownership or control of their personal information. If as a result of the business transition, the users’ personally identifiable information will be used differently from that stated at the time of collection, they will be given choice consistent with our notification of changes section.

CHOICE/OPT-OUT

Users who no longer wish to receive promotional communications may opt out of receiving these communications by hitting the unsubscribe button at the bottom of our most recent marketing email, replying with ‘unsubscribe’ in the subject line of the email, or emailing us at events@clearleft.com, telephone on +44 (0)845 838 6163, or write to Clearleft Ltd, 68 Middle Street, Brighton, BN1 1AL, UK.

LINKS

Our website contains links to other sites. We are not responsible for the privacy practices of such other sites. This privacy statement applies solely to information collected by this website.

SURVEYS & CONTESTS

From time to time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and email address), and business information. Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users’ personally identifiable information is not shared with third parties.