EMPOWERING AUTO TERMS AND CONDITIONS
This document sets out the terms and conditions (“Terms and Conditions”) between Empowering Auto (“We” or “Us”) and you when you register to the Empowering Auto conference (“Conference”) held on March 18th, 2024 at the Toronto Fairmont Royal York Hotel (“Venue”). By registering for the Conference, you are agreeing to comply with these Terms and Conditions. Please read this document carefully.
The following Empowering Auto registration Terms & Conditions apply to all event attendees including volunteers and exhibitors (“Attendee”). Prior to you purchasing your ticket, you must acknowledge and accept the Terms & Conditions contained herein. Should you not wish to accept the Terms & Conditions, you should not register. Submission of a registration is regarded as affirmation of your acceptance of the Conference Terms and Conditions.
GENERAL TERMS FOR ALL CONFERENCE ATTENDEES
1. Admittance to conferences We, in our sole discretion, and without any liability or obligation to refund, reserve the right to refuse admittance to or to eject from the Conference anyone that we determine:
is behaving in a manner that could disrupt, hinder or cause a nuisance to the Conference or to the enjoyment of any other person or partner at the Conference;
represents a security or health & safety risk to the Conference or to any person or partner; and/or fails to comply with, or is likely to fail to comply with, these Terms and Conditions.
You agree to comply with all applicable laws in connection with your attendance or participation at the Conference.
2. Changes or cancellation of the Conference We try to make sure that the Conference programmes, speakers, topics and venues and dates are correct at the time of publishing, circumstances beyond our control may necessitate substitutions, alterations, postponements, or cancellations to the content, format, themes, name, performers, hosts, moderators, venue, timing or dates of the Conference. We reserve the right to do so at any time and will not be liable to you for any cost incurred by you as a result (including, without limitation, travel, accommodation and other expenses).
We will endeavour to notify you as soon as reasonably practicable of any substitutions, postponements, or changes by posting the updated information on www.empoweringauto.ca .
IF THE CONFERENCE IS POSTPONED, WE WILL PROVIDE YOU WITH SUBSTITUTE PASSES TO THE CONFERENCE AT A LATER DATE. NO REFUNDS WILL BE PROVIDED IF THE CONFERENCE IS POSTPONED.
In the unlikely event of cancellation of the Conference, our total aggregate liability to you is limited to the refund of paid fees that remain after credit card and payment processing fees have been incurred and deducted, and we will not be liable to you for any expenditure, damage or loss incurred by you as a result of the cancellation.
3. Photography, audio and video recording Any use of photographic, audio, video or other recording equipment at the Conference is strictly prohibited, unless it is approved by us in writing in advance.
By attending the Conference, you acknowledge and agree that the Conference (or any part of it) may be photographed or recorded by us or our partners. You agree to permit us, or any third party licensed by us, to use, distribute, broadcast, or otherwise globally disseminate your likeness, name, voice and words in perpetuity in television, radio, film, newspapers, magazines and other media now available and hereafter developed, both before, during and any time after the Conference, and in any form, without any further approval from you or any payment to you. This grant includes, but is not limited to, the right to edit the media, the right to use the media (alone or together with other information), and the right to allow others to use or distribute the media.
4. Your attendance at the Conference You are responsible for advising us at the time of making your booking regarding any special access requirements you require at the Conference.
You are responsible for arranging your own appropriate insurance cover in connection with your attendance or exhibition at the Conference. We,our sponsors and/or our partnerswill not be liable for any injury or damage to any person or to any real or personal property however caused (except for death or personal injury as a result of our negligence or for any other type of liability that cannot by law be excluded or limited).
During the Conference, you shall conduct yourself in an orderly manner and shall not act in any manner which causes offence, annoyance or inconvenience to other Attendees. Attendees shall not canvass, promote, advertise or solicit for business in a manner which, in our sole discretion, is deemed unacceptable. We reserve the right to remove from the Venue any attendee who we consider in our reasonable opinion contravenes applicable laws or regulations or our policies and procedures or those of the Venue, is likely to cause offence or annoyance or is otherwise inappropriate or does not comply with these Terms and Conditions.
5. Refund and cancellation Your ticket remains our property and is a personal revocable license, which may be withdrawn, and admission to the Conference may be refused at any time upon a refund of the printed registration price.
All purchases of Conference tickets are non-refundable in their entirety. If you are no longer able to attend the Conference, you may transfer your ticket to another attendee up to 7 days before the Conference. Our free and subsidised ticket promotions sometimes include a processing fee. This processing fee is non-refundable in its entirety.
If an individual purchases a general Attendee ticket before purchasing a start-up ticket, we will not grant a full refund when the general Attendee ticket price has increased beyond the start-up ticket price.
7. Wristbands and lanyards For security and identification reasons, we require all delegates to: display on their wrist the official Conference wristband; display around their neck the official Conference lanyard containing their badge; and carry photo identification and display it at all times on request. You will find details of the cost of replacing lost or damaged wristbands for the Conference on our website www.empoweringauto.caThe cost of replacing lost or damaged wristbands is correct at the time of publication and is subject to change.
9. Visa requirements It is your sole responsibility to take care of visa requirements. If you require an entry visa to attend, volunteer or exhibit at the Conference, you must allow sufficient time for the visa application procedure.
In the event you are not granted a visa, we are under no obligation to refund your ticket; however you may transfer your ticket to another attendee up to 7 days before the Conference.
10. Intellectual property rights All intellectual property rights in and to the Conference, the Conference content, and all materials distributed at or in connection with the Conference are owned by us, our related companies, and/or the Conference sponsors or speakers attending the Conference. You must not reproduce or allow anyone one to reproduce trademarks or materials distributed by or on behalf of us at the Conference for any reason, without our prior written permission.
Nothing in these Terms and Conditions shall vest in you any legal or beneficial right in or to any intellectual property rights owned or used under licence by us or our related companies, or grant to you any right or licence to any other intellectual property rights of us or our related companies. All such intellectual property rights shall remain the exclusive property of us and our related companies.
It is strictly forbidden for any company, organisation, or person to attempt to host or organise any event in conjunction with, contiguous to or purporting to be related to the Conference or its affiliates without the express prior permission and cooperation of us.
We reserve their right to take such action (legal or otherwise), including a claim for damages as we, in our sole discretion, deem appropriate in the circumstances.
11. Acceptable Use When accessing and using our Website and its related subdomains you are prohibited from:
violating any law, statute, ordinance or regulation;
promoting or providing information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any illegal acts;
12. Your Contribution and Messages
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Your Contribution We may permit your sharing and publishing of your content to the Conference (such as workshop or other public contributions to the Conference) subject to these Terms and Conditions and Conditions and our Privacy Policy (“Your Contribution”) and you grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual right to use Your Contribution in relation to the Conference. You understand that you are responsible for Your Contribution and it may be publicly available and You agree to waive any moral rights in Your Contribution. We have discretion whether to publish Your Contribution and we reserve the right without further notice to you, to monitor, censor, edit, remove, and/or delete any and all of Your Contribution at any time which we believe to be in violation of these Terms and Conditions, our Content Guidelines and our Anti- Harassment policy. We reserve the right to access, read, preserve and disclose any Your Contribution or any other information that we obtain in connection with the Conference as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce this Agreement, including investigation of potential violations of it; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to your user support requests; or (v) protect the rights, property or safety of us, our users or the public.
You are not permitted to engage in or attempt to engage in any activity in breach of the Terms and Conditions, this includes:
Impersonating or misrepresenting an individual or entity in a manner that is considered misleading or deceptive;
Partaking in activities that are considered fraudulent, unlawful or false, such as scams;
Using our site in any way that breaches any applicable local, national or international law or regulation;
Sending mass solicitation material without intent or purpose, such as spam;
Knowingly transmitting any data, or sending or uploading any material, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers,
spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
Knowingly sending, receiving, uploading, download, using or re-using any material that does not comply with our content standards;
Violating the privacy of individuals, or distributing confidential or personal information relating to individuals;
Violating or infringing any intellectual property or proprietary rights of individuals or entities, including but not limited to copyrights.
You may not use your username, display name, or profile bio to engage in any practice prohibited by these Terms and Conditions.
13. Warranties To the extent permitted by the applicable law, we disclaim all warranties or conditions, either express or implied, or any part of them in respect of any aspect of a Conference or any related materials. You acknowledge and agree that in accepting these Terms and Conditions you have not relied on any representation or warranty that is not expressly included in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a part of these Terms and Conditions.
14. Limitation of Liability You acknowledge and agree that views expressed by speakers at or in connection with the Conference are their own and we do not accept any responsibility or liability for any advice given or views expressed during or in connection with the Conference.
Materials shared or distributed at or in connection with the Conference are intended for information purposes only and should not be relied upon by you or others. We, our sponsors and/or partners do not provide any guarantees, conditions or warranties that the materials are complete or accurate and do not accept any responsibility or liability for reliance by you or any person on any aspect of the Conference and/or any information provided at the Conference.
To the fullest extent allowed by applicable law:
(a) we and our related companies shall not be liable to you whether in contract, tort (including for negligence), misrepresentation, restitution or otherwise for any for any loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of income; loss of opportunity; loss of or damage to goodwill; loss of use or corruption of software, data or information; and/or similar losses or pure economic loss, or for any indirect or consequential loss, costs, damages, charges or expenses however arising under or in connection with the performance or contemplated performance of the Terms and Conditions, even if we had been advised of the possibility of same in advance; and
(b) subject to paragraph (c) (below), our total aggregate liability in contract, tort (including negligence), misrepresentation, restitution or otherwise, arising under or in connection with the performance or contemplated performance of the Terms and Conditions is limited to the total amount paid by you to us for your ticket to participate and access the Conference, after the payment of any processing fees or bank charges applicable.
(c) Nothing in these Terms and Conditions purports to exclude or limit liability for any fraudulent statement or act or in respect of any liability that cannot be excluded or limited under applicable law.
15. Indemnity It is possible that the Conference may not be available at any given time due to (a) power or server outages or issues (b) update or maintenance periods (c) as a result of a war, acts of God, flood, drought, earthquake or other natural disaster; (d) epidemic or pandemic; (e) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (f) nuclear, chemical or biological contamination or sonic boom; (g) any law or any action taken by a government or public authority; (h) collapse of buildings, fire, explosion or accident; (i) any labour or trade dispute, strikes, industrial action or lockouts; (j) non-performance by suppliers or subcontractors; (k) interruption or failure of utility service and/or (l) electronic or communications failure. We will take reasonable efforts to provide you with notice of interruption to the Conference. Where the Conference is unavailable for reasons beyond our control, we shall have no liability to you. We are not liable if the Conference is, in whole or in part, cancelled, rescheduled or postponed, or for any failure or delay to perform our obligations under these Terms and Conditions, if such event results from anything beyond our reasonable control (for example (a) power or server outages or issues (b) update or maintenance periods (c) as a result of a war, acts of God, flood, drought, earthquake or other natural disaster; (d) epidemic or pandemic; (e)terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (f) nuclear, chemical or biological contamination or sonic boom; (g) any law or any action taken by a government or public authority; (h) collapse of buildings, fire, explosion or accident; (i) any labour or trade dispute, strikes, industrial action or lockouts; (j) non-performance by suppliers or subcontractors; and (k) interruption or failure of utility service , (l) electronic or communications failure y) or anything else that renders performance of the Conference, in whole or in part, impracticable, illegal or impossible.
16. Force majeure We are not liable if the Conference is, in whole or in part, cancelled, rescheduled or postponed, or for any failure or delay to perform our obligations under these Terms and Conditions, if such event results from anything beyond our reasonable control (for example, natural disasters, flood, fire, acts of terror, war, labour strike, extreme weather malicious damage, compliance with any law or governmental order, or mechanical,
electronic or communications failure or degradation, or any other emergency) or anything else that renders performance of the Conference, in whole or in part, impracticable, illegal or impossible.
17. Governing law and jurisdiction
This interpretation, formation and operation of the Terms and Conditions and all non-contractual obligations arising from or connected with them shall be governed by and construed in accordance with, and all disputes between the parties arising out of or in any way relating to the Terms and Conditions or any disputes between the parties in any way connected with the subject matter of these Terms and Conditions (whether contractual or non-contractual) shall be governed and construed in accordance with the internal Laws of the Province of Ontario and the laws of Canada applicable therein without giving effect to any choice or conflict of Law provision or rule that would require or permit the application of the Laws of any jurisdiction other than those of the Province of Ontario.
Each of the parties submits to the exclusive jurisdiction of the federal courts of Canada or the courts of the Province of Ontario in each case located in Toronto, Ontario
Nothing contained in the Terms and Conditions shall limit our right to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.
18. Some final terms These Terms and Conditions(including our privacy policy) contain the entire agreement and understanding between us in respect of all matters which are referred to herein and supersede any prior, written or oral agreement between us relating to such matters. You confirm that in agreeing to accept these Terms and Conditions you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a part of these Terms and Conditions. However, nothing in these Terms and Conditions purports to exclude liability for any fraudulent statement or act.
If a court with jurisdiction over these Terms and Conditions finds that any part of these Terms and Conditions is wholly or partly unenforceable, you and us agree that where possible, the court should modify the Terms and Conditions to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree that the court should not have regard to that unenforceable part but still enforce the rest of these Terms and Conditions.
If we fail to insist that you perform any of your obligations under these Terms and Conditions or we do not act or delay in acting to in exercise a right or remedy provided by these Terms and Conditions that does not mean we have waived our rights or
remedies against you and will not mean that you do not have to comply with your obligations.
These Terms and Conditions are personal to you. You agree not to assign or transfer your rights or obligations under these Terms and Conditions to anyone else without receiving our prior written consent. We may assign or transfer these Terms and Conditions without your consent by providing you with notice.
You and us agree that no agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind us in any respect.
You agree that the only way you can provide us with a legal notice is at the address(s) set out in Part A above.
To the extent allowed by law, the English language version of the Terms and Conditions is binding and any translations are for convenience only.
In these Terms and Conditions:
a reference to the Terms and Conditions includes all its parts described in Part A, and includes any amendment to or replacement of them;
headings are for reference purposes only and do not form part of the Terms and Conditions;
a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
the singular includes the plural, and vice versa; and
“includes”, “including”, “for example”, “such as” and similar Terms and Conditions are not words of limitation. If you are a consumer, nothing in these Terms and Conditions excludes any of your applicable consumer or other statutory legal rights that cannot be waived.
PART C – ATTENDEE TERMS
Tickets and pricing You will find details of attendee ticket pricing and fees for the Conference here. Ticket prices for the Conference are correct at the time of publication.
We reserve the right to change the ticket prices at any time but any changes will not affect tickets that have already been purchased.
A valid ticket entitles you to entry to the relevant Conference as an Attendee, but does not include any requirements associated with travel to or from the Conference or any accommodation costs incurred and we shall have no liability for such costs or expenses.
In certain cases, free or subsidised tickets may be offered within 30 days of the Conference start date. In these instances, tickets must be assigned within 7 days of receipt of your ticket in accordance with the details provided in the above paragraph.
Delivery Once a successful ticket transaction has been completed, tickets are delivered in electronic soft-copy via email to the email address nominated by the Attendee. For some ticket types it may be necessary to complete required information such as the Attendee name or tax identification number before the tickets can be issued.
The ticket acts as a receipt for the transaction and can be used to gain entry to the Conference listed on the ticket. The ticket reference number can be used to access the mobile app, in order to register at the Conference.
PART D – VOLUNTEER TERMS
Selection You may apply to be a volunteer at the Conference.
There is no guarantee that applicants wishing to volunteer at the Conference will be selected and selection of volunteers is at our sole discretion.
Selected volunteers must attest to the truth of all statements made in their volunteer application. Without limiting their other obligations under these Terms and Conditions, volunteers are subject to the following rules governing their relationship with us:
Volunteers will not receive compensation for travel or accommodation associated with the Conference;
Volunteers who violate any of these Terms and Conditions, behave in a manner that could be disruptive to the Conference or any other Attendee, Volunteer, exhibitor and/ or partner, consume alcohol and/or illegal substances before or while on duty, or fail to show up for an assigned shift may be stripped of their credentials, denied access to the Conference, and may be subject to removal from the Conference grounds;
Volunteers acknowledge they may be photographed or recorded in accordance with the section “Photography, Audio
Volunteers who may be handling confidential information agree to handle such information in the strictest confidence and abide by the rules governing its use as provided for in our Privacy Policy.