Terms and Conditions
- These terms and conditions (T&C) apply between each person registered to attend an event organised by us (you, your) and Birba Energy (Oman) Limited or the relevant local entity in the Birba Energy Services (Organiser, us, we, our), and set out the terms on which you agree to attend the event referred to on the registration form, whether physical or digital (the Event).
- Our events, whether physical or digital are directed at business professionals and are not directed at individuals, consumers or children. By entering into these T&C you warrant and represent that you are over 18 years of age (or such other minimum age as required by local laws) and a business professional.
- These T&C shall come into force on the day we receive a completed registration form to attend the Event submitted by you (Registration Form) (the Effective Date) and shall, unless terminated earlier in accordance with these T&C, expire 30 days after the later of: (i) completion of the Event; and (ii) the date on which content and materials relating to the Event are no longer accessible by you on the Event Platform (defined in Clause 2.2 below) (the Term). For the avoidance of doubt, we reserve the right to accept or reject any Registration Form submitted to us by you at any time, including after the Effective Date. If we reject the Registration Form, these T&C shall terminate automatically.
If you will attend the Event, or any part of the Event, in person:
- you acknowledge that we are not responsible for the loss of or damage to your property during the Event; and
- you shall not cause any physical damage to the exhibition hall or area in which the Event takes place (the Venue), our property or to the property any other attendee of the Event (including any delegate, exhibitor or sponsor). You are solely responsible for the cost of making good any such physical damage.
- you acknowledge that we are not responsible for the loss of or damage to your property during the Event; and
You agree to comply with any user, technical or operational information or guidelines relating to the Event and/or the event website, event app or other platform designated to hosting any digital element of the Event (the Event Platform) notified to you in writing (including by email), including without limitation:
- if you attend any element of the Event in person, any rules and procedures relating to health and safety, security and general use of the Venue; and
- if you attend any element of the Event digitally, the Event Platform rules and procedures relating to advertising, acceptable user and content guidelines, anti-harassment policies, contribution and messaging policies, security and general use of the Event Platform,
- if you attend any element of the Event in person, any rules and procedures relating to health and safety, security and general use of the Venue; and
(Additional Terms), together with all instructions from time to time from us, the Event Platform operator or administrator or Venue management or security personnel, during the operation of the Event.
You acknowledge that we may refuse admission to, block access to, or remove you from the Event (whether digital or physical) in our absolute discretion if you: (a) fail to comply with these T&C; (b) undertake (or seek to undertake) any unauthorised access to systems or content (including in respect of exhibitor, sponsor or other attendee content); (c) damage property; or (d) if you represent a security risk, safety risk, nuisance or annoyance to the running of the Event or the operation of the Event Platform.
You acknowledge that you may take photographs and record or transmit audio or video material of the Event only where expressly permitted to do so by us (e.g. by encouraging you to post on social media in respect of the Event).
Whilst we will take reasonable steps to ensure the accuracy of any information we provide to you relating to the Event, we give no warranty or representation as to the accuracy or completeness of the information, and any inaccurate information provided to you in connection with the Event shall not entitle you to make any claim against us.
- If the Event is wholly or partly digital, you agree to comply with this Clause 3.
- You acknowledge that you are solely responsible for ensuring that you have the required technical capacity and systems availability to enable you to access and ensure continual access to the Event Platform.
- You acknowledge that you are solely responsible for ensuring your access to the Event Platform is kept secure if we issue you with a username and password (or other access keys or credentials). The username and password are confidential and remain our property and must not be shared, assigned or transferred to any third party without our permission in writing. You acknowledge that if you share your username or password (or other access keys or credentials), you will be wholly liable and will remain liable for any acts carried out or omitted to be carried out using those usernames, passwords, keys and credentials. You must immediately notify us if you become aware of any unauthorised use of the Event Platform or other breach of security.
- You shall not interfere with or cause damage to the Event Platform, including but not limited to attempting to circumvent security, hack into or otherwise disrupt or corrupt any computer system, server, website, router or other device, whether knowingly or recklessly. You are responsible for the cost of making good any such damage.
- You shall not procure or transmit the sending of any unauthorised or unsolicited advertising or promotional content or material through the Event Platform that has not been pre-agreed in writing (including by email) by us.
- We reserve the right to monitor and moderate the Event Platform (including UGC, defined below in Clause 3.9) but you acknowledge that we are under no obligation to monitor, moderate or otherwise oversee the Event Platform.
- You acknowledge and agree that the Event Platform is provided “as is” and that we cannot guarantee that the Event Platform will operate continuously, without interruption, securely or without errors and we will not be held liable for any temporary unavailability or disruption to the Event Platform.
- You acknowledge that we do not endorse or accept responsibility for any content or use of the Event Platform, or any goods or services identified, described or advertised on the Event Platform and we are not responsible for ensuring that the Event Platform or any information on it or relating to it is accurate or kept up to date.
- You acknowledge that certain functionality made available on the Event Platform (for example chat functionality, collaboration tools and content generation tools) may enable you to generate content (UGC) and you accept that UGC may be embedded and / or incorporated into the Event Materials (defined in Clause 4.1(a) below), Event Content (defined in Clause 4.3 below) and/or the Event Platform and that we shall have a right to continue to use UGC in connection with future events or in connection with our other business purposes, or the business purposes of any of our group companies (each an Affiliate) as provided in Clause4. You shall not generate any UGC on the Event Platform which infringes the intellectual property rights of any third party or which is obscene, unprofessional or unlawful.
You acknowledge that we own, or shall be deemed to own:
- all intellectual property rights in the information or materials (whether digital or hard copy) provided to you in connection with the Event (Event Materials);
- any intellectual property rights generated or developed in connection with the Event or otherwise pursuant to these T&C, including all intellectual property rights in UGC and Event Content (defined in Clause 4.3 below); and
- to the extent applicable, all intellectual property rights in the Event Platform,
- all intellectual property rights in the information or materials (whether digital or hard copy) provided to you in connection with the Event (Event Materials);
(Organiser IPR) and you shall not have any rights in respect of Organiser IPR other than as those granted pursuant to Clause 4.2. You hereby assign to us absolutely with full title guarantee all existing and future rights, title and interest you may have in any such Organiser IPR to enable us to use the Organiser IPR for any purpose worldwide in perpetuity, without payment, liability or acknowledgement to you and you hereby waive all moral rights in respect of the use to be made of the Organiser IPR to which you may now or in the future be entitled under the Copyrights, Designs and Patents Act 1988 or any similar legislation from time to time in force anywhere in the world.
- To the extent that we own the relevant intellectual property rights, we hereby grant (or shall procure the grant) to you for the Term a non-exclusive, non-transferable, non-sublicensable, revocable and royalty-free licence to use the Organiser IPR solely to the extent necessary for you to participate in the Event and, if applicable, use the Event Platform as contemplated by these T&C. You acknowledge that all Event Materials are strictly confidential and you shall ensure that you do not copy or share any Event Materials with any third party for any purpose.
- You acknowledge and agree that we, or third parties acting on our behalf, may take photographs, videos or recordings of the Event which may include you (Event Content) and by accepting these terms and conditions you hereby consent to us creating or generating such Event Content for our use as set out in Clause 5 below.
- Any posts, messages or other materials, information or data supplied or uploaded on the Event Platform or other UGC will be considered non-confidential and we have the right to use, copy, distribute and disclose such UGC to third parties for any purpose.
- If the Event is wholly or partly digital, you shall not download, store, reproduce, transmit, display, copy, distribute, exploit or use the Event Platform and/or any contribution contained in the Event Platform and/or any Event Materials for your own commercial gain, use the Event Platform and/or any contribution and/or any Event Materials in any manner other than in compliance with these T&C, or infringe our intellectual property rights or those of any third party in relation to your use of the Event Platform and/or any content and/or any Event Materials.
- We will only use your personal data in accordance with our privacy policy – details of this are available at out privacy and policy page.
- In order to fulfil our obligations to you in relation to the Event, we may share relevant personal data with presenters, trainers, organisers, print houses, finance partners, connected communities, faculties, committees, event service providers and external delivery partners.
- You acknowledge and agree that, if you choose to allow your badge (whether physical or digital) to be scanned by an exhibitor or sponsor at the Event, you will be providing that exhibitor or sponsor with your personal data. Use of your personal data by any third party is outside of our control and, to the extent permitted by applicable law, we do not accept any liability in this regard.
We reserve the right, in our sole discretion, to change the format, content or timing of the Event programme, the identity of any speakers or exhibitors, the hosting medium, digital location or Venue for any reason and without liability to you. For the avoidance of doubt, in these circumstances, we will not be held liable for any costs or expenses incurred by you in connection with the Event.
We reserve the right to postpone or cancel the Event at any time during the Term and will provide you with notice of any such postponement or cancellation in writing (including by email) as soon as is reasonably practicable in advance of the Event. For the avoidance of doubt, any postponement or cancellation of the Event by us pursuant to this Clause shall not entitle you make any claim against us and (to the maximum extent permitted by applicable laws) in no event will we be liable for any loss, damage or other liability incurred by you in connection with our postponement or cancellation of the Event, howsoever arising, including but not limited to your accommodation and travel costs.
We shall not be in breach of these T&C nor liable for any delay in performing, or failure to perform, any of our obligations under these T&C if such delay or failure results from an event beyond our reasonable control (a Force Majeure Event).
If a Force Majeure Event occurs (or in our opinion, acting in good faith, is likely to occur) and results (or is likely to result) in the Event being unable to take place as contemplated by these T&C, we may, in our sole discretion:
- change the timing, date, Venue, digital location or hosting medium of the Event or the Event Platform. In such circumstances, these T&C shall apply in respect of the rearranged or rescheduled event organised by us pursuant to this Clause; or
- cancel the Event.
For the avoidance of doubt, if we exercise our right to change or cancel the Event pursuant to this Clause 8.2, this shall not entitle you to make any claim against us and (to the maximum extent permitted by applicable laws) we shall not be liable for any loss, damage or other liability incurred by you in connection with our change to or cancellation of the Event, howsoever arising, including but not limited to your accommodation and travel costs.
You indemnify us and each of our Affiliates against all liabilities, costs, expenses, damages and losses, whatsoever and howsoever arising, whether in contract, tort or otherwise, directly or indirectly, suffered or incurred by us or any of our Affiliates in connection with:
- your breach of Clause 2.1(b);
- any claim made by a third party against us or any of our Affiliates for actual or alleged infringement of a third party’s intellectual property rights (including, for clarity, any rights in know-how) arising out of or in connection with your performance of your obligations or exercise of your rights under these T&C (save to the extent caused by a breach of these T&C by us);
- any unauthorised use of the Event Platform; and
- any claim otherwise made against us or any of our Affiliates by a third party arising out of or in connection with the performance of your obligations or exercise of your rights under these T&C (save to the extent caused by a breach of these T&C by us).
Subject to Clause 10.2, we shall not be liable to you for any loss or damage incurred by you in connection with the Event (whether for breach of these T&C, negligence or otherwise), including any: (i) loss of profits, loss of sales or business, loss of agreements or contracts or loss of anticipated savings (whether directly or indirectly arising); (ii) loss of or damage to goodwill or reputation (whether directly or indirectly arising); or (iii) indirect or consequential loss.
Notwithstanding any provision to the contrary, nothing in these T&C shall exclude or limit our liability for death or personal injury caused by our negligence or for fraud or for any liability that may not be limited or excluded by applicable laws.
All warranties, conditions and other terms implied by law are, to the fullest extent permitted by applicable laws, excluded from these T&C. In particular we give no warranty, representation or other assurance in relation to: (a) the presence or location of any exhibitor, sponsor or attendee; (b) the number or mix of exhibitors, sponsors or attendees; and/or (c) the results or benefits (commercial or otherwise) that may be associated with being an attendee in respect of the Event.
If the Event is digital or partly digital, notwithstanding any other provision of these T&C, to the maximum extent permitted by applicable laws, we shall not be liable for:
- any loss or damage due to temporary unavailability of the Event Platform as per Clause 3.7;
- any loss or damage caused by any content on the Event Platform (including content available to download or from third party links);
- libellous or unlawful postings made on the Event Platform; or
- any postings on the Event Platform which infringe the intellectual property rights of others.
- Only in circumstances where Clause 10.1 does not have legal effect, and subject to Clause 10.2, our total, aggregate liability to you in connection with the Event (whether for breach of these T&C, negligence or otherwise) shall not exceed £50.
Without prejudice to our other rights and remedies under these T&C, we can immediately terminate these T&C by issuing written notice to you if:
- you commit a material breach of your obligations under these T&C; or
- you conduct yourself in such a way so as to (in our reasonable opinion) bring us, any of our Affiliates or the Event into disrepute.
- you commit a material breach of your obligations under these T&C; or
For the avoidance of doubt, these T&C shall automatically terminate in the event of cancellation by us pursuant to Clause 7 or Clause 8.2(b).
The following Clauses shall survive termination of these T&C: Clause 9 (Indemnity); Clause 10 (Limitation of liability); and Clause 12.7 (Governing law and jurisdiction).
Without prejudice to our other rights and remedies under these T&C, we can immediately terminate these T&C by issuing written notice to you if:
- you commit a material breach of your obligations under these T&C; or
- you conduct yourself in such a way so as to (in our reasonable opinion) bring us, any of our Affiliates or the Event into disrepute.
- you commit a material breach of your obligations under these T&C; or
For the avoidance of doubt, these T&C shall automatically terminate in the event of cancellation by us pursuant to Clause 7 or Clause 8.2(b).
The following Clauses shall survive termination of these T&C: Clause 9 (Indemnity); Clause 10 (Limitation of liability); and Clause 12.7 (Governing law and jurisdiction).