DATAFEST 2019 FRINGE EVENT – TERMS AND CONDITIONS

By submitting an online application form (“Application”) to The Data Lab to run a fringe event as part of DataFest 2019 (“Event”), you are deemed to have authority to do so from the person, firm or company on whose behalf you are acting or purporting to act (“You” or “Your”) and You agree to be bound by the following terms and conditions (“Terms”):

1.     All Applications are subject to review by The Data Lab’s management team who reserve the right, acting in their sole and absolute discretion, to approve or reject such Applications.

2.     A member of staff from The Data Lab will contact You to confirm whether Your Application has been successful. The Data Lab is not obliged to disclose the reasons for its decision. If the Application is approved, Clauses 3 – 14 shall apply.

3.     The Event shall be run and organised in accordance with Your Application and at Your sole cost and expense.

4.     You must use the DataFest 2019 branding material (“Material”) for the Event. The Data Lab will provide You with the Material and any applicable guidance on how to use the Material which must be followed. You may use Your own branding in conjunction with the Material.

5.     You shall actively promote and market the Event to prospective attendees.

6.     The Data Lab shall promote and market the Event to The Data Lab’s network (including the DataFest 2019 Fringe Event Programme and DataFest website), using the event title, logo and event summary provided as part of Your Application.

7.     The Event shall be formally ticketed, even if the Event is free, through a ticketing system of Your choice.

8.     Through Your chosen ticketing system, You shall request attendees to provide the following information in an anonymised and aggregated format (“Information”): gender, work country, occupation, organisation name, organisation sector, industry and how the attendee heard about the Event.  The Data Lab will provide You with ticketing information collection guidance to ensure the Information is captured correctly.

9.     When collecting the Information, You should inform attendees that the anonymised and aggregated Information will be shared with The Data Lab for transparency. The Data Lab wishes to use the Information to plan future events, measure the impact of DataFest 2019 and report this to The Data Lab’s boards and funding bodies (including Scottish Government, Scottish Enterprise, Scottish Funding Council and Highlands & Islands Enterprise). The Data Lab will not share the Information with any third party commercial entities. You hereby warrant to The Data Lab that You will not provide The Data Lab with any Personal Data on attendees as defined by the Data Protection Laws. For the purposes of this Clause, the following definitions shall apply: “Data Protection Laws” shall mean (a) any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) which relates to the protection of individuals with regards to the Processing of Personal Data to which a Party is subject, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and all legislation enacted in the UK in respect of the protection of Personal Data; and (b) any code of practice or guidance published by the Information Commissioner’s Office (or equivalent regulatory body) from time to time. “Personal Data” and “Processing” each have the meanings given to them in Data Protection Laws and "Process" and any other tense or part of that verb will be interpreted accordingly.

10.  You shall provide all Information to The Data Lab by 29 March 2019.

11.  Nothing in these Terms shall limit or exclude a party’s liability:

a.     for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or

b.     for fraud or fraudulent misrepresentation.

12.  Subject to Clause 11, under no circumstances shall a party be liable to the other, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, for any: (i) loss of profits (direct or indirect), (ii) loss of business opportunity, (iii) loss of revenue or anticipated revenue, (iv) loss of reputation or goodwill, (v) loss of sales or business, (vi) loss of savings or anticipated savings, or (vii) any indirect or consequential loss, in each case even if such loss was reasonably foreseeable or within the contemplation of the relevant party or had been brought to its attention.

13.  These Terms constitute the entire agreement between the parties in relation to the Event and supersede all prior negotiations, warranties, representations, statements or agreements, either written or oral.

14.  These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of Scotland. Each party irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).