TERMS & CONDITIONS

Effective from: 26 January 2022
 

INTRODUCTION

  1. These terms and conditions (including Sections A to C) (“Terms and Conditions”) govern the purchase and use of services in relation to the Dubai Lynx International Festival of Creativity (“Dubai Lynx” or the “Event”), including the following for the Dubai Lynx awards ceremony (the “Awards Ceremony”):

    1. an individual seat at a table (an “Awards Seat”); and

    2. a table for 5 delegates; or a table for 10 delegates (together, the “Awards Tables”), 

    (each an “Awards Booking”).

  1. The Event is organised by Motivate Publishing FZ LLC and administered by Ascential Events (Europe) Limited (“Ascential”). Ascential is a company registered in England and Wales with registration number 07814172 and registered office at The Prow, 1 Wilder Walk, London W1B 5AP, United Kingdom.

  2. References to “us” means Ascential and references to “we” and “our” shall be construed accordingly. Reference to “you” means the entity completing a booking form and references to “your” shall be construed accordingly.

  3. In circumstances where Ascential requires proof that you meet certain eligibility criteria as part of an application process, Ascential reserves the right to approve or reject such applications at its absolute discretion. In the event that Ascential rejects an application (acting reasonably), no refund will be provided.

    SECTION A – GENERAL PROVISIONS
    BOOKING 

  4. You may request an Awards Seat or an Awards Table by completing the online order form and submitting it via the Pending Order section of your My Account area.

  5. All requests for Awards Seats and/or Awards Tables are subject to availability. If: (i) you have completed your order request correctly in accordance with these Terms and Conditions;  (ii) there is availability; and (iii) if you have made the requisite pre-payment (or provided us with credit/debit card details and authorisation to deduct payment) (the “Order Requirements”), a confirmation email will be sent to you as soon as reasonably practicable. Your order is confirmed (a “Purchased Order”) when we send this email. If there is no availability or you have otherwise failed to meet the Order Requirements, we will send you an email as soon as reasonably practicable informing you that this is the case (an “Order Rejection”).

    PRICES AND PAYMENT 

  6. Prices are set out on www.dubailynx.com (the “Website”) and, unless otherwise stated, exclude all applicable local taxes. All payments for registration fees must be made in USD or AED (or such other currency as is stipulated on the Website from time to time). Payment must be made, or valid credit/debit card details and authorisation to deduct payment given, at the time you complete your booking.

  7. Prices may change from time to time. If the price of an Awards Seat or Awards Table increases or decreases before you receive a Purchase Order, we will notify you and ask you to confirm whether you wish to proceed with your booking based on the revised price.

  8. Early Bird Discount (First Release): A discount (at the rate(s) specified on the Website) will apply to all transactions for standard Awards Seats or Awards Tables which are checked-out and completed before 20:00 GMT (Midnight GST) Wednesday 9 February 2022 (“First Release Deadline”). 

  9. Early Bird Discount (Second Release): A discount (at the rate(s) specified on the Website) will apply to all transactions for standard Awards Seats or Awards Tables which are checked-out and completed on or after the First Release Deadline, but before 20:00 GMT (Midnight GST) Wednesday 23 February 2022 (“Second Release Deadline”).

  10. Subject to Clause 17, payment may be made by either: (i) bank transfer; (ii) credit or debit card; or (iii) cheque. Payment must be received by Ascential in cleared funds: (i) for the Early Bird Discount (First Release): before the First Release Deadline; and (ii) for the Early Bird Discount (Second Release): after the First Release Deadline and before the Second Release Deadline, for the relevant discount to apply. Any payment received after the relevant deadline will be charged at the price applicable to the booking. We reserve the right to claim any difference in value from you as a debt.

  11. The stated Awards Booking fee excludes VAT at 5%, which is applicable to all customers. You may, in certain circumstances, be able to reclaim VAT from your local tax representative. We do not refund VAT.

  12. If you wish to pay by bank transfer, please use the bank account details below. You are responsible for paying all bank charges. A payment description should be included with your payment which references your company name and DD/ reference number.

  13. Bank details: Emirates NBD, Main Branch, Baniyas Road, Deira, P.O. Box. 777, Dubai, UAE
    Beneficiary: MOTIVATE PUBLISHING FZ-LLC
    Payment in UAE Dirham:
    Account Number: 1011075647601
    IBAN Number: AE190260001011075647601
    Swift Code: EBILAEAD
    Payment in US Dollars:
    Account Number: 1021075647602
    IBAN Number: AE270260001021075647602
    Swift Code: EBILAEAD

  14. Once the transfer has been made you will need to scan and email proof of payment/bank transfer confirmation, quoting your company name and DD/ reference number, to our Finance Team in order to complete your booking.

  15. If you wish to pay by cheque, the cheque must be made payable to MOTIVATE PUBLISHING FZ-LLC and sent to the address below. A payment description should be included with your payment which references your company name and DD/ reference number.

    The Credit Control Team
    Motivate Media Group
    Media One Hotel Office Towers
    Level 33
    PO Box 2331
    Dubai

  16. Once the cheque has been sent, you will need to confirm, quoting your company name and DD/ reference number, with our Finance Team in order to complete your booking.   

  17. From 20:01 GMT (00:01 GST) Wednesday 2 March 2022 onwards, it will no longer be possible to make payment by bank transfer or cheque and we will be accepting payment online by credit card, or you can choose to pay at the Awards Ceremony. At the Awards Ceremony, you can pay in cash (in USD or AED) or by credit card. Unless you have received confirmation of your Purchased Order in advance, we cannot guarantee availability for an Awards Booking or seating for specific Awards Tables on the day of the Awards Ceremony.

  18. Booking requests will only be processed with full pre-payment.

  19. All invoices will be sent electronically to the email address provided by you at the time of booking. Our official email address is payments@dubailynx.com. We cannot re-issue invoices. Invoices only refer to the currency in which payment has been made.

    AUTHORISED USERS

  20. When you request an Awards Booking online, you must have previously linked your username and password which you will use to access the “My Account” area (your “Account”) of the Website and to book as a delegate. You are responsible for preventing unauthorised use of your username and password. You must keep your username and password confidential at all times as you are responsible for all activities undertaken through your Account. You agree to log-off from your Account at the end of each session and to contact us immediately if you become aware of any unauthorised use of your username/password and/or Account. We are not liable for any loss or damage arising from your failure to comply with these requirements.

    DATA PROTECTION

  21. General: Ascential agrees that it will take appropriate technical and organisational measures against the accidental, unlawful or unauthorised processing, destruction, loss, damage or disclosure of personal data received or used in fulfilling its obligations under these terms and conditions. In these terms and conditions personal data is as defined by all laws and regulations (as updated, amended or replaced from time to time) applicable to such data.

  22. Privacy Policy: Further information about how Ascential uses personal data can be found in our Privacy & Cookies Policy https://www.dubailynx.com/privacy-policy.

  23. Communications: We will use email addresses provided to us (and you shall be responsible for ensuring that each of your delegates consents to the same) to send delegates important Event information, including but not limited to, speaker announcements, programme updates and invitations to special events, that we believe will enhance their Event experience. All delegates will have the option to opt out of communications. In agreeing to attend our Awards Ceremony, you acknowledge that Ascential will share your personal information with: (i) the Dubai Government, via our App supplier Evento, in order to comply with local laws and regulations; and (ii) our Event partner, Motivate Publishing FZ LLC.

    DUBAI LYNX DELEGATE LISTING

  24. Dubai Lynx delegate listing: To further enable networking among delegates at the Event, we will share your name, job title, company name and country or city where you are based (the “Delegate Information”) with other delegates, third parties and sponsors via our secure networking service in the official Dubai Lynx mobile application (“Dubai Lynx App” or the “App”)

  25. Access: Registered delegates will be able to access the Delegate Information only after they have received their Purchase Order, enclosing their unique delegate ID. All registered delegates will appear on the delegate listing once the service has been made live, which enables other registered delegates (via a login) to contact you prior to and during the Event. Access will be made available to participating delegates via the official Dubai Lynx App.

  26. You are in control: Delegates’ email address and telephone numbers will not be made public through the delegate listing. If a delegate chooses to message another delegate, the message will be sent from the delegate’s profile. If a delegate chooses to reply, further communication will continue through the delegates’ chat function. All delegates can opt out of the chat function by logging into the official Dubai Lynx App and opting out through the App settings once the App has gone live. If a delegate opts out, this will disable contact from other delegates and deny access to the delegate listing. After the Event, the delegate listing will be discontinued, and all Delegate Information will be removed from the listing.

  27. Ascential reserves the right to deny access and remove any delegates from the delegate listing for inappropriate use. You consent to use the delegate listing respectfully and solely to network, exchange ideas and contact details where appropriate.

    CHANGES TO THE EVENT, NAME CHANGES AND CANCELLATION POLICY

  28. We reserve the right to (a) alter the advertised format, date, timing, content and/or location of the Event; or (b) to cancel the Event, in each case at any time. Where we change the format, date, timing, content or location of the Event and/or the Awards Ceremony, your Awards Booking for the Awards Ceremony will be valid for the Awards Ceremony as altered. You will not be entitled to a refund and we shall not be liable to you for any other cost or other expenses (including, without limitation, wasted costs and expenses) incurred by you as a consequence (including, without limitation, travel and accommodation expenses).

  29. Notwithstanding any other provision of these terms and conditions, if on or after 14 days before the Awards Ceremony you provide written notice to us accompanied by evidence in form and substance satisfactory to us that, as a direct result of COVID-19 (which term includes any mutation thereof):

    a. the government of the country or state where you are resident ("Delegate Territory") has closed its border so that you are prohibited from travel from or back to Delegate Territory; or

    b. the government of Delegate Territory has issued official advice against travel to United Arab Emirates; or

    c. the government of Delegate Territory has imposed an unavoidable quarantine on return from travel from United Arab Emirates; or

    d. the government or state of Delegate Territory has imposed a period of lockdown so that you are prohibited from leaving your home except for essential requirements,

    then your Awards Booking will be transferred to the next edition of the Awards Ceremony.

  1. Any requests to replace one delegate for another must be made via the “Purchased Orders” section of your “My Account” area. From 20:01 GMT (00:01 GST) Tuesday 15 March 2022, it will no longer be possible to request to replace a delegate via the “Purchased Orders” section of your “My Account” area. You will need to request to replace a delegate at the registration desk at the Awards Ceremony and a written approval to replace the delegate will be required. Delegates will be given an invitation to the Awards Ceremony, either at registration at the Awards Ceremony or, in advance, where relevant to the Awards Booking (“Invitation”). If the Invitation has already been issued, it will not be possible to replace the Invitation. Invitations are non-transferable.

  2. Cancellations must be made by emailing delegates@dubailynx.com.

  3. Cancellations of Awards Bookings are not eligible for a refund or for credit. This policy also applies to downgrades.

  4. Save as otherwise permitted by these Terms and Conditions, no refunds or credits will be given for non-attendance at the Awards Ceremony.

    DUBAI LYNX CONTENT

  5. All rights in all presentations, documentation and materials published or otherwise made available as part of the Event (including but not limited to any audio or audio-visual recording of the Event) (“Content”) is owned by us or is included with the permission of the owner of the rights. No (i) photography, filming or recording; or (ii) republication, broadcast or other dissemination of the Content is permitted without our prior written consent. You shall not distribute, reproduce, modify, store, transfer or in any other way use any of the Content (save that use by the relevant delegate for internal business purposes shall be permitted) without our prior written consent, and in particular (but without limitation) you shall not (and shall procure that each of your delegates shall not) without our prior written consent:

    1. upload any Content into any shared system;

    2. include any Content in a database;

    3. include any Content in a website or on any intranet;

    4. transmit, re-circulate or otherwise make available any Content to anyone else;

    5. make any commercial use of the Content whatsoever; or

    6. use Content in any way that might infringe third party rights or that may bring us or any of our affiliates into disrepute.

  6. The Content does not necessarily reflect our views or opinions and only reflects those of the speaker, presenter or performer.

  7. Suggestions or advice contained in the Content should not be relied upon in place of professional or other advice. Whilst we take reasonable care to ensure that the Content created by us is accurate and complete, some of it is supplied by third parties and we are unable to check its accuracy or completeness. You should verify the accuracy of any information (whether supplied by us or third parties) before relying on it. The Content is provided on an “AS IS” basis without any warranties of any kind (express or implied). We hereby exclude to the fullest extent permitted by law all liabilities, costs, claims, damages, losses and/or expenses arising from any inaccuracy or omission in the Content or arising from any infringing, defamatory or otherwise unlawful material in the Content.

  8. To the extent that any Content is made available by us online we reserve the right to suspend or remove access to such Content at any time.

    TROPHIES

  9. Any and all intellectual property in the Dubai Lynx trophies (including, without limitation, all copyright, design rights and trademark rights) is the property of Ascential, and Ascential has the exclusive right to reproduce, manufacture, copy, and sell the Dubai Lynx trophies in any size or medium, and to distribute or exploit the design of the Dubai Lynx trophies or reproductions of the same by gift, sale, re-sale or licence. Save as expressly provided herein, no reproduction, replica or other copy of the Dubai Lynx trophies may be made or used by any manufacturer, advertiser, organisation or individual unless it has the prior express written consent or a licence from Ascential.

    CONFLICTING ACTIVITIES

  10. Ascential brings together creative views, market experts, global brands and tech gurus, along with the Awards honouring the industry’s game-changing ideas. Organisations present in Dubai during the Event are asked to share responsibility and agree to the following conditions of participation.

  11. By hosting an event in Dubai during the Event you agree that:

    1. You shall not, directly or indirectly, organise, fund or sponsor any conflicting or competing activity in Dubai during the Event unless your company/organisation is permitted to do so for the Event and it is acting in conjunction with Ascential;

    2. You shall not, directly or indirectly, engage in activities that are identical or similar to those conducted by Ascential during the Event, or that otherwise takes commercial advantage, or is parasitic of the Event, its brand, trademark or goodwill;

    3. You shall not entice Event delegates, sponsors or speakers away from the Event with the intention of presenting your own competitive commercial activities which run contrary to the Event or are to its detriment. You shall not engage Event delegates, sponsors or speakers to participate in or support your event or competitive commercial activity which undermines or damages the Event;

    4. You shall not use the name, trademarks or logos of the Event or the Ascential business name to promote your event or competitive commercial activity without our prior written consent or license; and

    5. You shall not engage in promotional or branding activities, including but not limited to the distribution of leaflets, brochures or flyers whether before, during or after the Event unless agreed in writing with Ascential.

  12. We reserve the right to procure the cancellation of any event that you host or manage, whether before, during or after the Event, that is in breach of any of the terms of Clause 40, without any liability to you.

  13. You acknowledge and agree that damage to Ascential’s brands, goodwill and reputation are reasonably foreseeable consequences of a breach by you of Clause 40.

    FORCE MAJEURE

  14. Ascential accepts no liability to you and will not pay any compensation where the performance of its obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances beyond its reasonable control including, but not limited to, flood, earthquake, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism (or threats of such acts), fire, failure of electric power, failure of hardware or software, cyber security attacks or any collapse of building structures.

    LIMITATION OF LIABILITY

  15. Ascential accepts no liability whatsoever for any loss or damage suffered by you in connection with the Event, the Awards Ceremony or your accommodation (see Section C below), including without limitation any loss or damage to any property left in your accommodation.

  16. Ascential will not be liable for any indirect, consequential or pure economic loss or any loss of profit, goodwill or opportunity (whether caused by the negligence of the Event, the Awards Ceremony, its employees, contractors or agents or otherwise).

  17. Ascential’s aggregate liability to you in respect of all losses, liabilities or damage suffered by you arising out of or in connection with these Terms and Conditions or your attendance at the Event and/or the Awards Ceremony, howsoever arising and whether in contract, negligence or other tortious action or otherwise, will not exceed the value of the Awards Booking.

  18. Nothing in these Terms and Conditions will operate to exclude or limit Ascential’s liability for death or personal injury caused by the negligence of our employees or subcontractors, for any fraudulent misrepresentation by any of the foregoing or for any other liability which cannot be excluded or restricted by law.

  19. You will ensure that we, our staff and our affiliates will not suffer or incur any loss, costs, claims or expenses of any kind arising from or in connection with any act or omission by you (including anyone acting on your behalf) during or otherwise in relation to the Event and/or the Awards Ceremony.

    GENERAL

  20. 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. As a delegate attending the Event and/or Awards Ceremony, you and we are subject to the local laws and regulations of the UAE.

  21. These Terms and Conditions (together with any documents referred to herein or required to be entered into pursuant to these Terms and Conditions, including without limitation any booking form) contains the entire agreement and understanding between us and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these Terms and Conditions and any such document.

  22. You acknowledge that in purchasing a Awards Booking and/or booking any associated accommodation 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.

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

  24. 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.

  25. Save as set out in these Terms and Conditions 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.

    DISCLAIMER

  26. Delegates are informed that all work exhibited at the Event are strictly for the purpose of criticism and review only and does not constitute any recommendation, endorsement or promotion of the products or services featured therein by Ascential, any of its affiliates, or otherwise. Nothing contained in the work represents the views or opinions of Ascential or its affiliates, or otherwise and no reliance should be placed on any part of the work other than for the purpose of evaluation as an entry to the Event. Ascential and its affiliates do not accept liability of any kind in respect of the work or any product or service referred to in the work.


SANCTIONS

  1. Ascential is part of an enlarged corporate group which pledges to trade legally and respect all laws including the Trade Sanctions imposed by EU and US Governments. Ascential operates a Group Sanctions Policy which means that Ascential cannot receive consideration from individuals or organizations based or residing in, or connected with, a country or organization which is subject to EU or US Government sanctions. Ascential may refuse to accept an Awards Booking or provide services or deliverables to any such person or organization for any reason.


SECTION B – ADDITIONAL PROVISIONS APPLYING TO ATTENDANCE

CONDUCT

  1. We ask that all delegates behave respectfully towards their fellow delegates and Event and/or Awards Ceremony staff. Delegates must not to do anything which: (a) may bring the Event, the Awards Ceremony or Ascential into disrepute; or (b) be prejudicial to the image and/or reputation of the Event or Ascential. Delegates must: (i) comply with any entry requirements specified by us, the Awards Ceremony venue or Event venue and/or staff, from time to time in relation to the COVID-19 pandemic (including, without limitation, proof of vaccination status and COVID-19 testing); (ii) comply with all reasonable instructions given by Event and/or Awards Ceremony staff, including without limitation in relation to health and safety; (iii) not do anything that would or is likely to endanger other delegates, Event and/or Awards Ceremony staff or the general public; and (iv) comply with all local laws, rules and regulations.

  2. You agree to comply with all security measures which are in place in and around the Event and/or Awards Ceremony including, without limitation, any bag checks, metal detectors or scanners.

    AWARDS CEREMONY & DINNER

  3. Unless you have received your Invitation in advance of the Awards Ceremony, delegates must collect their Invitation from the registration area indicated in their booking confirmation email.

  4. Delegates are required to comply with the dress code for the Awards Ceremony, which is “Black Tie or National Dress”. If, in our reasonable opinion, a delegate has not complied with the dress code, they may be refused entry or asked to change into more appropriate clothing. Should a delegate refuse to comply with the dress code, they may be refused entry or asked to leave the Awards Ceremony.

  5. Invitations must be readily available at all times during the Awards Ceremony. Invitations are valid for the booked delegate only and must not be misused. Invitations remain the property of Ascential. We reserve the right to deny access to the Awards Ceremony or confiscate Invitations where we consider that there has been a breach of these Terms and Conditions (including without limitation, Clauses 57 and 58 (Conduct) above).

  6. If the Invitation has already been issued, it will not be possible to transfer the Invitation to another delegate. Invitations are non-transferable.

  7. We will not replace lost or stolen Invitations. Defacing and/or creating copies of the Invitations is a breach of these terms and will be treated as fraud.

    FILMING AND PHOTOGRAPHY AT DUBAI LYNX

  8. Please note that we may film or take photographs of the Awards Ceremony and/or Event. When we are filming, we will use reasonable endeavours to ensure that delegates that may be in shot are aware (for example, by putting up filming notices). By entering an area where filming or photography is taking place, you are deemed to consent to being filmed or photographed. You grant us a licence (which means permission) to use, edit, reproduce, record, modify, enhance, encode, translate, distribute, play, perform, make available to other users, prepare derivative works of and to display your image and/or your contribution to the film or your photograph (your “Contribution”) (with or without advertising and sponsorship) by any media or methods whether now known or later developed. This licence may be exercised in our sole discretion throughout the world at any time.

  9. You agree that this licence is: perpetual (which means it lasts forever); royalty-free (which means we won't pay for the permission either now or in the future); and transferable (which means we can transfer the licence to others). You agree that we can sub-license this licence (which means we can grant an equivalent permission to others which may include without limitation our group companies and advertisers or sponsors). You irrevocably and unconditionally waive, in respect of your Contribution, all moral rights to which you may be entitled and any broadly equivalent rights in any territory of the world. This waiver is made in favour of us but shall also extend to our sub-licensees, assignees and successors in title.


    SECTION C - ADDITIONAL PROVISIONS APPLYING TO ACCOMMODATION

    ACCOMMODATION BOOKING

  10. As a Dubai Lynx delegate you can take advantage of reduced rates at selected hotels close to the Event and Awards Ceremony. We are happy to introduce you; once you have registered, please contact the accommodation team with your requirements. Ascential does not represent or warrant that these are the best rates in Dubai and booking your room is entirely at your discretion. The agreed hotel rates are only available for registered delegates attending the Awards Ceremony.

  11. Ascential is not in any way responsible for your booking which will be made directly with the hotel.

  12. The hotel, not Ascential, is responsible for delivering any booked accommodation to you. Any complaints and claims which you wish to make in relation to your accommodation should be directed to (and are the responsibility of) the hotel. Your booking fee will need to be paid directly to the hotel, within the requested time limit provided by the hotel.

  13. Please note that if you are cancelling your Awards Booking, you will need to cancel accommodation separately with the hotel. Ascential accepts no liability for the cancellation of your hotel accommodation bookings whatsoever.

  14. Disclaimer:

  1. Without prejudice to Clauses 44 to 48 of these Terms and Conditions, Ascential accepts no liability whatsoever for any loss or damage suffered by you in booking accommodation with the hotels (including any loss of or damage to any property left in your hotel). We do not guarantee any rooms and make no representations in respect of hotel facility or quality and are not hotel agents. The hotels listed are for information only and availability is not guaranteed.