Orchard Thieves Obey Your Instinct Full Event Terms & Conditions
Orchard Thieves Obey Your Instinct Full Event Terms & Conditions
Introduction These are the terms (the “Agreement”) that govern your attendance at and/or participation in an Obey Your Instinct event (the “Event”). Orchard Thieves Obey Your Instinct events are specifically intended for people over the age of 20 years in accordance with the legal minimum age for alcohol consumption in the Republic of Ireland. By registering for the Event you are agreeing to this Agreement, which forms a legal contract between us, and the registered attendee, visitor and/or participant (“you”). If you are registering on behalf of another it is your responsibility to ensure that the person attending is aware of the terms of this Agreement and accepts them, and by completing the registration you are representing and warranting that you have made the attendee aware of the terms of this Agreement and that they have accepted these terms.
This Agreement applies to you from the date of publishing and until it is superseded by a new version. We may update this Agreement at any time for legal or regulatory reasons, or to reflect changes in our services or business practices. Any amended version of this Agreement will be posted here.
1.1. In this Agreement the following terms have the following meanings:
“Agreement” means these terms and conditions, the booking, and any documents stated in any of them as being incorporated by reference;
“Business Days” means any day other than Saturday, Sunday, or a statutory Bank Holiday in the Republic of Ireland
“Confidential Information” means information of an operational, administrative, financial or business nature, or which is Personal Data, Sensitive Personal Data or otherwise, and which comes into a party’s possession under or in connection with this Agreement that (a) is identified as confidential to the other party; or (b) ought reasonably to be considered as confidential to the other party (whether or not identified as confidential), and in any case shall include (i) any information relating to a party including information in respect of a party’s identity. “Data Controller” has the meaning set out in the Data Privacy Laws;
“Data Privacy Laws” means all legislation and regulatory requirements in force from time to time relating to the use of Personal Data and the privacy of electronic communications, including, without limitation (i) any data protection legislation from time to time in force in the Republic of Ireland including the Data Protection Act 1998 as amended and updated by the Data Protection Act 2018 or any successor legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy (for so long as and to the extent that the law of the European Union has legal effect in the Republic of Ireland) and (iii) all codes of practice and guidance issued by national regulators relating to the laws, regulations and EU legislation mentioned in (i) and (ii) above;
“Data Subject” has the meaning set out in the Data Privacy Laws;
“Force Majeure Event” has the meaning set out in clause 14.1;
“IP” means any and/or all rights in software, inventions, patents, copyrights, design rights, trademarks and trade names, database rights, domain names, service marks, trade secrets, know-how, rights in Confidential Information and other intellectual property rights (whether registered or unregistered) and all applications and registrations for and extensions and renewals of such rights or any of them, anywhere in the world;
“Personal Data” has the meaning set out in the Data Privacy Laws;
“Venue” means 74 Oliver Plunkett St, Centre, Cork, T12 FP28
“Sensitive Personal Data” has the meaning set out in the Data Privacy Laws;
“Start Date” “Term” has the meaning set out in clause 9.1.
1.2. The words “including”, “include”, “for example” and any similar word or expression are illustrative and are not intended in any way to limit the sense or interpretation of preceding words, and any words which follow them shall not be construed as being limited in scope to the same class as the preceding words where a wider construction is possible.
1.3. Clause headings and sub-headings are not to be used in its interpretation.
1.4. References to this Agreement or any other document are to this Agreement or that document as in force for the time being and as amended, supplemented, varied, modified, renewed or replaced or extended.
1.5. A reference to a statute or statutory provision shall unless otherwise stated be construed as including a reference to any subordinate legislation (as defined by section 21(1) Interpretation Act 1978) made from time to time under the statute or statutory provision whether before, on or after the Start Date.
1.6. A reference to industry regulations, industry codes, or industry guidance, shall unless otherwise stated be construed as referring to industry regulations, industry codes, or industry guidance as in force as at the Start Date and as from time to time modified or consolidated, superseded, re-enacted or replaced (whether with or without modification) on or after the Start Date.
- Your attendance at the Event
1.1 Admittance. Your registration entitles you to admittance to the Event. Any and all other costs associated with your attendance (including without limitation any travel and/or accommodation expenses) shall be borne solely by you and we shall have no liability for such costs.
1.2 Attendance. During the Event, you shall conduct yourself in an orderly manner and shall not act in any manner which cause offence, annoyance or inconvenience to other attendees or speakers. You shall not canvass, promote, advertise or solicit for business in a manner which, in our sole discretion, is deemed unacceptable. We, in our sole discretion and without any liability or obligation to refund, reserve the right to request your removal from the Event if we consider your presence and/or behaviour to create a disruption, nuisance or hinder the Event and/or the enjoyment of the Event by other attendees or speakers; represent a security or health & safety risk to the Event and/or any other attendees or speakers; and/or fail to comply with, or are likely to fail to comply with this Agreement.
1.3 Photography, audio and video recording. Any use of photographic, audio, video or other recording equipment at the Event is strictly prohibited, unless it is approved by us in writing in advance or with the exception of capture on a mobile device. By attending the Event you acknowledge and agree to grant us the right at the Event to record, film, photograph or capture your likeness in any media now available and hereafter developed and to distribute, broadcast, use or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to us includes, but is not limited to, the right to edit such media, the right to use the media (alone or together with other information), and the right to allow others to use and/or disseminate the media.
1.4 Age limitation. There is no entry to those under 20 years old. Please make alternative childcare arrangements, we offer no childcare facilities at the Event.
1.5 Service animals. Please note there are no pets or animals permitted, excepting service animals.
1.6 Insurance. You are responsible for arranging your own appropriate insurance cover in connection with your attendance at the Event. We and our related partners will not be liable for any injury or damage to any person or to any real or personal property howsoever 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).
1.7 Drinking. We accept no responsibility for the actions of others while under the influence of alcohol served at the Event. You also acknowledge that it is unlawful for any person under the age of 18 years old in the Republic of Ireland to consume alcoholic beverages.
2.1 Payment. The payment of the applicable fee(s) for the Event is due upon registration. If such payment is insufficient or declined for any reason we may refuse to admit you to the Event and shall have no liability in that regard.
2.2 Taxes. The fee(s) may be subject sales tax, value added tax, or any other taxes and duties which, if applicable, will be charged to you in addition to the fee(s).
- No reselling
3.1 Personal use only. The tickets you purchase for the Event are for your own personal use or that of your business only and may not be resold under any circumstances.
3.2 No reselling. Reselling or otherwise transferring your ticket, not in accordance with this Agreement, will void the ticket and the ticket holder will not gain entry into the Event. Where there has been any resale or attempted resale of any tickets (or any other breach of this Agreement), we reserve the right to cancel the relevant tickets purchased by any person or body whom we reasonably believe to be associated with any ticket re-selling or ticket broker with immediate effect.
- Cancellation by you
The sale of tickets to you will not give you any right to withdraw from your purchase. The sale will therefore be definitive as from the time of payment of the price. Distance selling of tickets to the Event via the website operated by us will not give purchasers any right to withdraw from their purchase. The sale of tickets will therefore be firm and final once the purchase has been validated by you and confirmed by us, and no reimbursement or exchange will be possible if you are unable to attend the Event.
- Changes or cancellation of the Event
5.1 Cancellation of the Event. We reserve the right to cancel the Event at our sole discretion for any reason and at any time. In the event of cancellation for any reasons other than due to a Force Majeure Event, we will refund you any registration fees paid. In all circumstances, we will use reasonable endeavours to notify you of such cancellation.
5.2 Our liability. In the unlikely event of cancellation of the Event, 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.
5.3 Postponement of the Event. If the Event is postponed by us, we will provide you with a substitute ticket for the new Event. No refunds will be provided if the Event is postponed. You are therefore requested to keep your proof of purchase and/or ticket.
5.4 Changes to the Event. We reserve the right to make any changes to the Event at any time without prior written notice. For example, such changes may include but are not limited to, changing the Event name, themes, content, programme, performers, moderators, time, date, and/or the Venue. 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.
6.1 You must comply with the rules and regulations governing the Venue. If you bring any property to the Venue, you do so at your own risk. We are not responsible for any loss and/or damage to such property.
- Data Protection
7.2 Where you provide us with Personal Data of third parties, you warrant, represent and undertake that you have complied with all applicable Data Privacy Laws in respect of such Personal Data, including obtaining all permissions, consents and approvals of Data Subjects to provide their respective Personal Data to us.
7.3 The personal information you provide upon registering for the Event will be held on a third-party CRM database and accessed by us for marketing purposes.
7.5 For security and identification reasons, we require all attendees to: a. display their digital ticket with personalised QR code to secure entry to the event. b. Carry and produce on request a government issued photo identification by and and all event staff.
- Intellectual Property
8.1 Any and/or all IP in the Event materials shall be our sole and exclusive property (or the appropriate third party owner(s), if any) and you shall not acquire any rights in such event materials, including any developments or variations of them.
8.2 Nothing in this Agreement grants you any legal or beneficial rights in or to any IP in the Event materials. You agree not to reproduce, sell, and/or copy (in whole or in part) the Event material, except for purposes of social media posting or post-event references. Audio and visual recordings for the distribution of commercial materials are not permitted without our prior consent. If you would like to use the Event materials for anything else, please email us at firstname.lastname@example.org
- Term & Termination
9.1 Term. This Agreement shall be effective from (and including) the day your register through our online ticket booking system (“Start Date”) (and including) the last day of the Event (“Term”).
9.2 Termination at any time. We may terminate this Agreement with effect at any time immediately by giving you 15 days’ prior written notice.
9.3 Termination in breach. We shall be entitled to terminate this Agreement in accordance with clauses 2 (Fee(s)) and 14.1 (Force Majeure).
- Expiry & Termination Consequences
Expiry or termination shall not prejudice any other rights or remedies you or us may be entitled to, nor will it affect the accrued rights and liabilities of either of us, nor the coming into or continuance in force, of any provision of this Agreement which is intended (explicitly or implicitly) to come into or continue in force, on or after such expiry or termination.
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 the Event or any related materials. You acknowledge and agree that in accepting this Agreement you have not relied on any representation or warranty that is not expressly included in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation which has not become a part of this Agreement.
- Limitation of Liability
12.1 You acknowledge and agree that views expressed by speakers at or in connection with the Event 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 Event.
12.2 Materials shared or distributed at or in connection with the Event are intended for information purposes only and should not be relied upon by you or others. We and our related 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 Event and/or any information provided at the Event.
12.3 To the fullest extent allowed by applicable law, we shall not (whether in contract, tort, negligence, statutory duty or otherwise) be liable to you under this Agreement for consequential, indirect or special damages (including indirect loss of profit and indirect loss of revenue).
12.4 Nothing in this Agreement is intended to limit or exclude our liability for (a) death or personal injury caused by our negligence, and (b) fraud or fraudulent misrepresentation.
12.5 Subject to the clauses above, our maximum aggregate liability to you under this Agreement (whether arising in contract, tort, negligence, statutory duty or otherwise) shall not exceed the registration fees you paid to us.
13.1 You shall fully and effectively indemnify and hold harmless us, our related companies, affiliates, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors against all losses, actions, costs (including legal fees and disbursements on a solicitor/client basis), claims, demands, fines, damages and liabilities, of whatever nature, incurred or suffered by or made against us, whether or not foreseeable, arising directly or indirectly, wholly or in part, out of or in connection with any breach of this Agreement by you.
13.2 You shall not exclude or limit your liability under any indemnities given by you under this Agreement.
- Force Majeure
14.1 If the performance of our obligation under this Agreement is hindered, delayed or prevented, such as if the Event is abandoned, cancelled or suspended in whole or in part by reason of, without limitation, a natural disaster, war, fire, national emergency, epidemics, pandemics, civil emergencies, civil unrest, labour dispute, strike, lockdown, civil disturbance, inevitable accident, national mourning bank holiday, the non-availability of the Venue, or any other cause not within our control whether ejusdem generis or not ("Force Majeure Event"), we shall be under no liability to you in any way whatsoever and howsoever (whether in contract, tort, or otherwise) arising out of or in connection with any such abandonment, cancellation, suspension or postponement of the Event or the replacement of the Venue. In such circumstances, we reserve the right not to refund your registration fees and advise that insurance should be taken to cover such eventualities. You are responsible for making your own arrangements for the Venue for the Event, and you shall remain liable for all payments under this Agreement irrespective of any failure of transport or other reason why you are unable to attend the event.
14.2 Notwithstanding clause 14.1, should government guidelines relating to Coronaviruses (including stringent social distancing) do not allow this Event, we will postpone the Event and use our reasonable endeavour to run the Event as soon as reasonably practicable and transfer this Agreement (and already paid monies) to alternative exhibition at no extra fee, subject to all funds and this Agreement terms being honoured. We will notify you as soon as possible if we do so.
15.1 Disputes. If a dispute arises between us out of or in connection with this Agreement, we shall negotiate in good faith to resolve the dispute. If the dispute is not resolved within 10 Business Days of the start of our negotiations, either of us may refer the matter to the courts. This clause shall not restrict either you or us from initiating any proceedings in respect of a matter where either party has reasonable cause to do so to avoid damage to its business or to protect or preserve any right of action it may have, or from applying for or obtaining emergency or interlocutory relief.
15.2 Publicity. You expressly agree that we shall be entitled to refer to you as an attendee in sales and marketing literature (including websites) and, if you are a firm or company (or you register in your capacity as a representative, employee, or owner of a company), reproduce your company’s prevailing logo or trade mark for that sole purpose.
15.3 Third party Rights. Unless expressly stated, no provision of this Agreement is enforceable by, or intended to benefit, any person who is not a party to this Agreement.
15.4 Severability. If any provision of this Agreement is held by a court to be unenforceable, then that provision shall be deemed to be amended to the extent necessary, and in a manner consistent with the intentions of the parties, to make it and this Agreement fully enforceable. The unenforceability of any provision of this Agreement shall not affect the remaining provisions.
15.5 No Waiver. A delay in exercising, or failure to exercise, any right or remedy in connection with this Agreement shall not operate as a waiver of that right or remedy. The waiver of a right to require compliance with any provision of this Agreement in any instance shall not operate as a waiver of any further exercise or enforcement of that right. The waiver of any breach shall not operate as a waiver of any subsequent breach. No waiver in connection with this Agreement shall, in any event, be effective unless it is in writing and refers expressly to this clause.
15.6. Further assurance. Each party shall do and execute, or arrange for the doing and executing of, any act and/or document reasonably requested by any other party to implement and give full effect to the terms of this Agreement.
15.7 Remedies cumulative. The remedies under this Agreement are cumulative and no remedy is exclusive of any other remedy except as expressly stated.
15.8 Status of parties. Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture or relationship of employer and employee or principal and agent between the parties.
15.9 Entire Agreement. This Agreement sets out the entire understanding of the parties in relation to their subject matter and supersedes any prior understanding or agreement between the parties whether oral or written. Nothing in this Agreement shall, however, limit or exclude any liability for fraud or fraudulent misrepresentation.
- Governing Law and Jurisdiction
The interpretation, formation and operation of this Agreement and all non-contractual obligations arising from or arising out of or in connection with it and any disputes between the parties arising out of or in any way relating to this Agreement whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be governed by, and construed in accordance with, the laws of the Republic of Ireland, and shall be subject to the exclusive jurisdiction of the Irish courts.
(The Event Attendance Terms & Conditions has been updated in May 2023)