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Delegate Terms & Conditions

These terms and conditions (these “Terms”), are by and between Executive Platforms Inc. (“Organizer”) and the registrant of the services identified on the Order (“Delegate”).

Whereas, Organizer provides services, including but not limited to the exchange of information resources;

Whereas, Delegate wishes to engage the services of Organizer through a list of services that were ordered on Organizer’s website, submitted through hard copy or electronic copy to Organizer (the “Order”);

Whereas, Delegate wishes to attend the event (the “Event”) that is organized by Organizer at the venue (the “Venue”) specified in the Order on the date (the “Date”) specified in the Order to interact with certain other registrants at the Event (“Attendees”);

Now Therefore, in consideration of the promises and mutual covenants and agreements set forth herein, and in the Order (collectively, this “Agreement”), the parties agree as follows to comprise the following agreement  between Delegate and Organizer governing the rights and obligations of each party:

Fees & Costs

Total Fees.  Total fees specified on the Order (the “Fees”), excludes any applicable sales tax which shall be in addition. All Fees shall be payable to Organizer in full without any deduction counterclaim or set-off by Delegate.

Payment. All Fees and applicable taxes are due and payable at the time of purchase unless stated otherwise on the Order.

Accepted Methods of Payment. Delegate will make all payments by way of Credit Card, Check, or by Electronic Transfer to Organizer’s bank.

Right of Refusal.  Organizer reserves the right to withhold any information relating to the Event and/or refuse Delegate and/or Delegate’s representatives specified in the Order (“Representatives”) entry to the Event unless and until all fees due have been paid in full (without any deduction, counterclaim or set-off).

Delegate Rights and Obligations

Attendance at Seminars.  Delegate will attend the Event including seminars and conference sessions as pre-arranged by Organizer and as determined by the Order.  Organizer will give notice to Delegate before the Event of the pre-arranged seminars and conference sessions.

One on One Meetings.  Delegate participation in one on one meetings with Attendees is at the sole discretion of Organizer.  Delegate must submit a completed profile at least sixty (60) days prior to the Event.

Residing at Venue.  Delegate will make arrangements with the Venue, independently of Organizer, to reside at the Venue (or an alternate hotel accommodation) for the duration of the Event.  It is Delegate’s responsibility to make such arrangements. Organizer shall have no responsibility or liability for the condition, safety, or maintenance of the Venue, or for any actions of the Venue owner, its employees, contractors, or representatives.

Right to Assign.  Delegate shall not resell, assign, sub-license or otherwise transfer any of the rights under this Agreement, in whole or in part, without Organizer’s prior written consent. Notwithstanding the foregoing, Delegate may nominate a substitute (“Substitute Delegate”) to attend the Event who shall be of similar or greater standing in terms of business and financial responsibility.  A Substitute Delegate must be submitted in writing and approved of in writing by Organizer.  Organizer retains absolute discretion to approve of any Substitute Delegate without having to give reasons.  Notwithstanding Organizer’s approval of a Substitute, Delegate, Delegate is responsible for ensuring its Substitute Delegate’s compliance with, and shall be liable for any breach by its Substitute Delegate of, this Agreement, including without limitation, the Substitute Delegate’s conduct and any fees incurred by the Substitute Delegate.

Other Costs.  Delegate is responsible for the cost of any and all gratuities that might include use of leisure facilities available at the Venue, parking, beverages with meals (where applicable) and other items not planned by Organizer including, but not limited to, non-Organizer arranged dining, mini-bar, other refreshments and telephone calls.  The Fees do not include the cost of accommodation or travel which remain exclusively the responsibility of Delegate.

Organizer’s Rights and Obligations

Notification of Available Attendees.  Organizer may notify Delegate of profiles of Attendees to assist in the selection of Attendees Delegate would like to interact with during any pre-arranged meeting sessions or seminars.

One on One Meetings.  Delegate participation in one on one meetings with Attendees is at the sole discretion of Organizer. Delegate may request appointments with individual Attendees from Organizer and while Organizer will use its reasonable endeavours to arrange such meetings, specific appointments cannot be guaranteed and Orders cannot be placed on the condition that certain appointments are to be made.  Delegate acknowledges that no such promise has been made.

Arrangement of Meetings.  Organizer may arrange meetings with Delegate. Organizer reserves the right to vary itineraries of any or all participants in the Event with such prior notice as it determines is reasonable or practicable at the discretion of Organizer.

Intellectual Property Rights.  Delegate acknowledges and agrees that all content and other materials provided by or on behalf of Organizer (if any) are the sole and exclusive property of Organizer or its licensors, and that Delegate shall not acquire any right or ownership interest in and to said content or materials or any other of Organizer’s intellectual property rights. Delegate shall not and shall not allow any other person or entity to copy, modify, adapt or otherwise use such content and materials for any purpose without Organizer’s express prior written consent.

Changes/Cancelling the Event.  Organizer reserves the exclusive right to cancel, alter, modify or reschedule the Event for any reason, including because Organizer determines in its sole discretion that the Event cannot be held as planned. Should Organizer alter, modify, or reschedule some or all of the Event for any reason and still host the Event, the Event fees will not be reimbursed.

Exclusive Right to Cancel.  Organizer reserves the right to cancel any Order made by Delegate in its sole discretion and without giving any reason for such cancellation. In such event, Organizer shall promptly refund to Delegate all fees paid in respect of such cancelled Order.

Publicity & Marketing

Publicity of Event. Organizer shall originate any publicity, news releases, public statements or announcements, whether written or oral, relating to the Event without the prior consent of Delegate.  Organizer may originate any publicity, news releases, public statements or announcements or otherwise make any form of representation or statement relating to the Event which would constitute an express or implied endorsement by Delegate of any commercial product or service, without obtaining the prior consent of Delegate.

Use of Delegate Name and Trademarks.  Organizer may use Delegate’s name or trademark in any advertising or promotional material without the prior consent of Delegate. Delegate represents and warrants that Delegate’s trademarks and other intellectual property, images, videos, graphics or any other content provided to Organizer (“Delegate’s Materials”), and Organizer’s use thereof, will not infringe, misappropriate, or otherwise violate any rights of any third party.

Marketing Materials.  Organizer may use Delegate’s Materials in subsequent marketing materials of future events without the prior consent of Delegate. Delegate agrees to release any rights of their image being used for advertising, promotional or marketing material as well as any intellectual property.

Ownership of Intellectual Property. Organizer acknowledges that any pre-existing intellectual property is owned exclusively by Delegate and that Organizer’s use does not relinquish any rights over them held by Delegate save and except for the uses as set forth in this Agreement. No proprietary interests or title in or to the intellectual property is transferred to Organizer by this Agreement.

Use of Multimedia

By attending the Event, Delegate acknowledges and agrees that Organizer, or others acting on its behalf or through sponsorship or exhibitor contracts, may take photographs and video (by any means) and/or make sound recordings during the Event (including via social media) and that Delegate may appear in such photographs and videos and be heard in such sound recordings, and that Organizer may edit and use the footage it captures at the Event for marketing and promotional activities (including through social media) now and in the future, and for any other lawful purpose in the ordinary course of its business.

Organizer asks that at all times, Delegate respect the intellectual property, copyrights, or trademarks of exhibitors, speakers, sponsors, and Organizer. For digital programming, Organizer prohibits the use of screen shots and/ or any other technology that can be used to capture proprietary content and images from the Event. Organizer reserves the right to stop any activity taking place that violates, or threatens to violate, any of these guidelines.

Due to the prevalence of mobile devices today, Organizer disclaims all liability for the capture of your image, voice, or likeness by attendees  in any multimedia format at the Event.

Cancellation by Delegate

Delegate Cancellation.  Delegate may not cancel this Agreement or the Order at any time. A substitution within the same organization is permitted in accordance with the Right to Assign section above.

Liability and Indemnity

Liability. Organizer will not be liable for any loss or damage suffered by Delegate when providing its services hereunder except if solely caused directly by Organizer’s gross negligence.  Delegate will be liable for, and will reimburse Organizer for the costs of, any loss or damage, including attorneys’ fees, incurred by Organizer arising from Delegate or Delegate’s Representatives gross negligence or more culpable conduct.  Organizer shall not be liable for special, indirect or consequential loss or damage including, without limitation, loss of business, profits, anticipated savings, goodwill, data, damages, loss or costs associated with loss or damage.

Indemnity for Third Party Claims.  Except as may be otherwise provided in this Agreement, Delegate shall indemnify, defend and hold harmless Organizer, its affiliates and its employees, agents, representatives, invitees and subcontractors (collectively, the “Organizer Group”) from, and pay and reimburse the Organizer Group for all losses, claims, damages, costs and expenses, including attorneys’ fees, and, at Organizer’s request, investigate and defend the Organizer Group from, claims, demands and causes of action, of every kind and character, without limitation, arising out of or made by third parties, on account of bodily injury, death or damage to or loss of their property resulting from any negligent act or willful misconduct of Delegate or its Representatives or any claims that the content and materials provided by Delegate infringe upon or violate any intellectual property or other rights of any third party.

Waiver and Limitation of Liability

Waiver and Release; Limitation of Liability of Organizer. In consideration of the opportunity to participate in the Event provided by Organizer, Delegate hereby forever releases, waives and holds harmless the Organizer Group from any and all liability, injury, damages, loss or expenses that may arise, directly or indirectly, now or in the future, regardless of whether caused by fault on the part of Organizer, in connection with Delegate’s participation in the Event or any Event-related activities. Notwithstanding the foregoing, the aggregate liability of Organizer ARISING OUT OF OR RELATED, to this Agreement, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, shall not exceed the total amount of the fees paid by Delegate to Organizer pursuant to the order .

Survival of Indemnities.  The terms of waiver and indemnity set forth in this Agreement shall survive any termination or expiry of this Agreement.

Data

Confidentiality of Data.  Organizer will keep personal data provided by Delegate confidential. Data is collected in accordance with applicable U.S. privacy laws and the privacy policy of Organizer.

Use of Contact Information. Delegate agrees that personal information and details provided by Delegate may be shared and made available by Organizer to other attendees for the purpose of Event planning, marketing and operations.  Delegate agrees that Organizer may use contact information of Delegate to solicit Delegate of upcoming Events. The information provided by Delegate or Representatives, will be held by Organizer. Occasionally Delegate details may be made available to Organizer’s partners. If Delegate does not wish to have these details to be made available, Delegate should contact Organizer.

Data Usage.  Delegate’s use of any attendee lists, contact information, or analytics provided by Organizer must comply with applicable privacy laws and Organizer’s data policies. Unless contact information is included in the services purchased in an Order, Delegate shall not contact attendees of the Event unless they receive such attendee’s consent and comply with applicable U.S. privacy laws.

No Scraping or Harvesting.  Delegate shall not, and shall not permit its affiliates, employees, agents, or Representatives to, scrape, harvest, mine or otherwise extract data rom the Event, the Event platforms, registration systems, badges, QR codes, mobile apps, or any related technology, whether automated or by manual means.   

No Mass Messaging or Spam.  Delegate shall not engage in mass messaging, unsolicited commercial communications, or spam targeting Event attendees, including via badge scanning devices, email, SMS, or social platforms. Access to the attendee list or badge scans do not constitute consent. Delegate may only send external communications where (i) the attendee has provided express consent directly to Delegate, and (ii) such communications comply with applicable law.

General

Consents. Any consent required under this Agreement will not be unreasonably withheld.

Captions. The Article and paragraph headings used herein are for convenience only and are not a part of this Agreement and will not be used in construing it.

Entire Agreement. These Terms, together with the Order, constitute the entire agreement of the parties and supersedes all previous agreements. No amendment to the terms of this Agreement will be effective unless it is in writing and signed by each party.  Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.

Equitable Relief. Delegate agrees that any breach of this Agreement by Delegate would cause irreparable damage, and that, in event of such breach, in addition to any and all remedies at law, Organizer will have the right to an injunction, specific performance or other equitable relief.

Force Majeure. Notwithstanding anything herein to the contrary, Organizer shall not be liable for any delay or failure in fulfilling or performing any term of this Agreement, when and to the extent such failure is caused by any (i) acts of God; (ii) epidemics, pandemics, flood, fire, or explosion; (iii) war, terrorism, invasion, riot, strike or other civil unrest, (iv) national or regional emergency, (v) national or regional shortage of adequate power, telecommunications, or transportation facilities, or (vi) any other circumstances beyond Organizer’s reasonable control (each of the foregoing, a “Force Majeure”).

Relationship of the Parties. The parties are independent contractors. This Agreement does not constitute a partnership or joint venture, and nothing herein contained is intended to constitute, nor will it be construed to constitute, such a partnership or joint venture. Except as expressly provided in this Agreement, neither Organizer nor Delegate will have any power or authority to act in the name or on behalf of the other party, or to bind the other party to any legal agreement.

Severability. If any provision hereof should be found by any court or competent jurisdiction to be invalid or unenforceable, the provision will be deemed modified to the minimum extent necessary to be valid or enforceable.

Number and Gender. Where the context permits, the singular includes the plural, and the masculine includes the feminine and vice versa.

Notices. All notices and communications required or permitted under this Agreement must be in writing and delivered by (a) electronic mail with confirmation of transmission or receipt, or (b) courier or registered mail, postage prepaid. Notices will be sent to the Organizer or Delegate at the email addresses or physical addresses set out in the Order, or to any updated address that either party designates in writing from time to time. Notices will be deemed received on the date of confirmed email transmission or, for physical delivery, on the date shown in the courier or mail delivery records.

Jurisdiction.  The exclusive venue for any dispute arising out of or relating to this Agreement shall be the courts located in the State of Delaware, City of Wilmington.

Governing Law.  This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by the laws of the State of Delaware and shall be construed and interpreted according to the laws of the State of Delaware and the applicable federal laws of the United States, without giving effect to any choice or conflict of law provision or rule of any jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.

Authority to Bind. This Agreement is binding on the parties upon Delegate’s signature to these Terms or to the Order to which these Terms relate or by clicking to accept or agree to these Terms when this option is made available, and Delegate represents to Organizer that this Agreement has been submitted and authorized by an individual who is an authorized signatory of Delegate and who has authority to bind Delegate to the terms of this Agreement.