Event Delegates Terms and Conditions Last Updated: October 2020 1.

INTRODUCTION

1.1 The event (or other event) is organised and managed by Diamond Publishing Limited, a company registered in England and Wales with registration number 04611236 and registered office at Metropolis International, 10th Floor, Southern House, Wellesley Grove, Croydon, United Kingdom, CR0 1XG.

1.2 References to “us” means Diamond Publishing Limited and references to “we” “us” and “our” shall be construed accordingly. Reference to “you” means the entity completing a booking request and references to “your” 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 imposed by 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.

2. BOOKINGS

2.1 All applications to register for the event are subject to availability and you making full payment.

2.2 Confirmation (or rejection) of your booking will be sent to you by email within five (5) working days of our receipt of your booking request.

2.3 Tickets issued for use at the event are valid for named attendee only and, subject to clause 4.2 below, and cannot be transferred..

3. PRICES AND PAYMENT

3.1 Our prices for attending the event, are set out on the relevant registration booking form or the relevant purchase order form or can otherwise be obtained from us upon request or from our website. Prices may be subject to change from time to time.

4. CHANGES TO THE EVENT, POSTPONEMENT AND CANCELLATIONS

4.1 We reserve the right and shall be entitled to make changes to the event at any time without liability to you, including without limitation in respect of the advertised content, timings on the day, date, format, venue and/or location of the event or the advertised attractions. We will keep you informed of any such changes from time to time.

4.2 We reserve the right and shall be entitled, in our sole discretion, to cancel or postpone the date of the event. We shall give written notice to you of our decision to cancel or postpone the event. In the case of our:

4.2.1 postponement of the event, we will offer you the choice of either: (i) a credit for a future event run by us of your choice (up to the value of sum paid by you in respect of the event); or (ii) the opportunity to attend the event on the new date as varied. 4.2.2 cancellation of the event, we will offer you a credit for a future event run by us of your choice (up to the value of sum paid by you in respect of the event).

4.3 If you are unable to attend the event we welcome substitute visitors attending in your place at no extra cost provided that we have at least 2 days prior notice of the name of your proposed substitute and have received payment in full. Please notify us of any substitutions by email at: Trackdays@cyclist.co.uk

4.4 No refunds will be given by us in respect of any postponement, cancellations, or non-attendance.

5. LIABILITY

5.1 Subject to Clause 5.4, our aggregate liability to you, however caused, in respect of all claims (or series of claims) arising out of or in connection with these Terms & Conditions or otherwise in connection with any booking (or requested booking) made by you or otherwise in relation to the event, shall be limited to the price paid by you in respect of your booking to attend the event.

5.2 Notwithstanding any other provision in these Terms & Conditions, but subject to Clause 5.4, we shall not be liable, in each case however caused for any:

5.2.1 direct or indirect loss of or damage to: (a) profit; (b) revenue; (c) business; (d) contracts; (e) opportunities; (f) data; (g) anticipated savings or interest; (h) reputation; (i) goodwill; (j) use; or

5.2.2 costs of wasted management or staff time; or

5.2.3 travel, accommodation or other costs and expenses; or

5.2.4 indirect, special or consequential damages, loss, costs, claims or expenses of any kind.

5.3 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.

5.4 Nothing in this these Terms and Conditions shall limit or exclude either party’s liability for: 5.4.1 death or personal injury caused by that party’s negligence, to the extent prohibited by law;

5.4.2 fraud or fraudulent misrepresentation; or

5.4.3 any other liability which cannot be limited or excluded by applicable law.

5.5 We shall not be in breach of these Terms & Conditions for any change to the event under clause 4.1 or any postponement and/or cancellation of the event under clause 4.2 of these Terms & Conditions and you acknowledge that the rights in respect of postponement and/or cancellation of the event under clause 4.2 are your sole rights and you waive all other rights and remedies in respect of any postponement and/cancellation of the event. For the avoidance of doubt, we shall not be liable to you or any third party for any travel, accommodation or other costs and expenses incurred in connection with any change to the event under clause 4.1 or any postponement and/or cancellation of the event under clause 4.2 of these Terms & Conditions.

5.6 The parties agree that each of the sub-clauses in clause 5.2 and each of the sub-paragraphs5.2.1(a) to 5.2.1(j) in sub-clause 5.2.1 constitute separate terms and the introductory wording of clause 5.2 shall be applied to each of them separately. If there is any claim or finding that any such individual sub-clause or sub-paragraph is unenforceable for any reason, such unenforceability shall not affect any other provision within clause 5.2 or otherwise.

5.7 The term “however caused” when used or referred to in this clause 5 shall cover all causes and actions giving rise to our liability arising out of or in connection with these Terms & Conditions or the event: (i) whether arising by reason of any misrepresentation (whether made prior to and/or in these Terms & Conditions), negligence, other tort, breach of statutory duty, repudiation, renunciation or other breach of contract, restitution or otherwise; (ii) whether caused by any total or partial failure or delay of the event; and (iii) whether deliberate (but not in bad

6. ANTI-BRIBERY 6.1 You warrant that you shall:

6.1.1 comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010;

6.1.2 comply with such of our anti-bribery and anti-corruption policies as are notified to you from time to time; and

6.1.3 promptly report to us any request or demand for any undue influence or other advantage of any kind received by or on behalf of you in connection with the performance of these Terms and Conditions.

6.2 Breach of this clause 6 shall be deemed a material breach of these Terms and Conditions.

7. FORCE MAJEURE

7.1 We shall not be liable for any hindrance, failure or delay in performing any of our obligations arising out of or in connection with these Terms & Conditions as a result of an event or series of connected events beyond our reasonable control (including, without limitation, acts of God, extreme weather conditions, power failure, floods, lightning, storm, fire, explosion, war, riot, civil commotion, military operations, acts or threats of terrorism, malicious damage, strike action, lock-outs or other industrial action (whether involving our workforce or the workforce of any other party), default of suppliers or sub-contractors, compliance with any law or governmental order, rule regulation or direction, accident, failure or breakdown of plant, machinery, systems or vehicles, or a pandemic, epidemic, civil emergency or other widespread illness) (“Force Majeure Event”).

7.2 In the event of a Force Majeure Event, we shall be entitled, without liability, at our sole discretion to vary, perform, suspend performance of, postpone, cancel the event and/or the contract between us and/or terminate the contract between us subject to these Terms & Conditions on giving written notice to you.

8. GENERAL

8.1 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.

8.2 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.

8.3 Diamond Publishing 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 Diamond reserves the right to refuse bookings from or entry to any such persons or organisations

8.4 If any one or more provisions of these Terms & Conditions shall be declared to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions of these Terms & Conditions shall not as a result in any way be affected or impaired. However, if any provisions of these Terms & Conditions shall be adjudged to be void or ineffective but would be adjudged to be valid and effective if part of the wording were deleted or the scope or periods reduced, they shall apply with such modifications as may be necessary to make them valid and effective while adhering as closely as possible to the original intent, period and scope of the provisions and the parties hereby undertake to make such modifications.

8.5 These Terms and Conditions shall not create, nor shall they be construed as creating, any partnership or agency relationship between us.

8.6 You accept that communication with us may be electronic. We may contact you by e-mail 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.

8.7 Save as set out in Clause 4.2 you are not permitted to re-sell, transfer, assign or otherwise dispose of any of your rights or obligations arising under these Terms and Conditions.

8.8 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.

9. PRIVACY POLICY Please click HERE for our privacy policy.