These terms and conditions (the “Attendee Terms”) apply to the use, access and availability of the Rokkit event platform websites Rokkit.Live and Rokkit,IO, the Rokkit mobile and tablet applications, the interactive functionality the website and app offer and any associated software (the “Platform”) by an Attendee (defined below).
2. WHO WE ARE
The Platform is made available by Voxxed Limited, a private company incorporated and registered in England & Wales with company number 09059157, whose registered office is at The Old Church School, Butts Hill, Frome, Somerset. BA11 1HR. United Kingdom (“we”, “us”, “our”). Our VAT registration number is: GB199457834.
3. WHAT THE ATTENDEE TERMS COVER
3.1 The Platform allows Event Organisers to host online and hybrid online / in-person events. In these Attendee Terms, when we refer to an “Event Organiser”, we mean the businesses or individuals using the Platform to host an event.
3.2 Whilst the Platform is used by Event Organisers, event sponsors and event speakers (together with Event Organisers, “Event Users”), these Attendee Terms apply only to the use of the Platform by a user who is not an Event User (“Attendee” or “you”).
3.3 When you accept an offer to attend an event, whether that event is free or paid for, your agreement for the attendance of that particular event is directly with the relevant Event Organiser. When you access an event or associated event content hosted on the Platform, we act as a vendor to the Event Organiser, assisting the Event Organiser to manage your experience.
3.4 These Attendee Terms form a legal agreement between you and us. Please read them carefully.
3.5 By using the Platform you are confirming that you understand and accept these Attendee Terms, and that you agree to be bound by them.
3.6 We may amend or update these Attendee Terms from time to time, and these variations shall become effective immediately upon being accessible from this webpage. We will provide you with reasonable notice prior to making any changes to these Attendee Terms. Your continued use of the Platform after the publication of the revised Attendee Terms, will be deemed your acceptance of the revised Attendee Terms. If you do not accept all of the Attendee Terms in place from time to time, you should not use the Platform.
4. REGISTERING YOUR ATTENDEE ACCOUNT
4.1 In order to access an event via the Platform, you must first register for an attendee account (“Account”) using the registration process on our Platform.
4.2 To register for an Account you must either be at least 18 years old, or if you are required by the laws of the country where you live to be older than 18 years old in order to enter into a legally binding agreement then you must be the minimum age required by those laws to register.
4.3 In registering via the Platform, you agree to:
4.3.1 provide true, accurate, current and complete information about yourself as prompted by the Platform’s registration process; and
4.3.2 maintain and promptly update that information to ensure it is true, accurate, and complete.
4.4 Upon registering you will be required to provide us with:
4.4.1 basic contact details: your name and a valid email address;
4.4.2 a password;
4.4.3 which may be used to authorise your access to your account using the OAuth protocol.
4.5 You are responsible for maintaining the confidentiality of your email address, password and your Account and are fully responsible for all activities that occur under your email address, password or account. We are not liable to you or any third party for any improper use of your password or account or any use by any other person. If you think the security of your account has been compromised, you must inform us immediately via email to [email protected].
4.6 We, in our sole discretion, have the right to refuse to allow you to register for the Platform. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for registration to the Platform.
5. INTELLECTUAL PROPERTY RIGHTS AND YOUR RIGHTS TO USE THE PLATFORM
5.1 Subject to these Attendee Terms and your compliance with them, we grant to you a personal, non-exclusive, non-transferable, limited licence to access and use the Platform.
5.2 This licence includes the limited right to attend events run using the Platform, including accessing content, materials, data and communications for as long as these are made available to you by an Event User.
5.3 We and/or our licensors own all intellectual property rights in and to the Platform, and these Attendee Terms and the rights granted by them do not give you any title or rights of ownership in the Platform.
5.4 The ownership of all intellectual property rights in and to content made available by Event Users shall be governed by your agreement with the relevant Event Organiser and these Attendee Terms and the rights granted by them do not give you any title or rights of ownership in the content made available by Event Users.
6. YOUR WARRANTIES AND OBLIGATIONS TO US
6.1 You warrant that you:
6.1.1 shall comply with these Attendee Terms and all rules applicable to the use of the Platform as communicated by us from time to time;
6.1.2 shall comply with all laws and regulations which apply to your use of the Platform, and acknowledge that we are merely a provider of access to the Platform and accept no responsibility for your use thereof or for compliance with applicable law or regulation;
6.1.3 shall not use the Platform for any unlawful purposes and/or introduce any offensive, abusive, defamatory, illegal, explicit, threatening, infringing and/or obscene material or material that is likely to harm, harass or offend others to the Platform, nor use the Platform in a manner which might call us or the Platform into disrepute;
6.1.4 shall not use the Platform in any way which infringes the rights of any third party (including without limitation their intellectual property rights or privacy rights);
6.1.5 shall not use the Platform in any way which seeks to, or makes any arrangement to, meet any person under the age of 18;
6.1.6 shall not (and shall not permit any third party to) copy, adapt, reverse engineer, decompile, disassemble, modify, create derivative works of, or otherwise attempt to derive the source code for, the Platform in whole or in part, except to the extent permitted by law; and
6.1.7 are fully entitled to enter into and grant all rights granted under these Attendee Terms and that entering into these Attendee Terms shall not in any way conflict with any of your obligations existing from time to time.
6.2 You hereby indemnify (agree to compensate), defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Attendee Terms or claims arising from your use of the Platform. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
7. OUR WARRANTIES AND OBLIGATIONS TO YOU
7.1 Save where expressly provided otherwise, we provide and maintain the Platform on an “as is” basis.
7.2 We warrant that:
7.2.1 we will provide the Platform with reasonable skill and care and in accordance with applicable law; and
7.2.2 the Platform excluding the contents of any on-Platform messages you send, or actions taken on the platform under your name, email address or Account shall not infringe any third party’s intellectual property rights of which we are aware.
7.3 We give no other warranty, express or implied, in connection with the Platform and to the maximum extent permitted by law, we exclude liability for:
7.3.1 any loss or damage of any kind howsoever arising out of your use of the Platform, including any direct, indirect, special, punitive or consequential loss whether or not such loss or damage arises out of any problem which we have been made aware of;
7.3.2 content made available via the Platform by Event Users or other Attendees, including any view or opinions expressed by Event Users or other Attendees, and the availability, quality or nature of such content;
7.3.3 the accuracy, currency or validity of information and material contained within the Platform;
7.3.4 any interruptions to or delays in updating the Platform;
7.3.5 use of the Platform by Event Users or other Attendees, including circumstances in which such use infringes the intellectual property rights of any person;
7.3.6 any loss or damage due to viruses or other malicious software, materials or elements, that may be transmitted to your computer or device systems when accessing, using or downloading the Platform;
7.3.7 any loss or damage due to interruptions, errors or the Platform failing to meet your requirements; or
7.3.8 all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
7.4 If you are using the Platform for purposes wholly or mainly outside your trade, business or profession, or are otherwise deemed a consumer, then we warrant that the Platform will: (a) operate as described; (b) be provided using our reasonable care and skill; and (c) to the extent it includes delivery by us of digital content to you (excluding External Communications), not damage your device as a result of us failing to use reasonable care and skill (and if it does, then you may be entitled to ask us to repair or replace that device).
7.5 Save where clause 7.4 applies, we will not be liable in any amount for failure to perform any obligation under these Attendee Terms if that failure is caused by the occurrence of an event beyond our reasonable control.
7.6 To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of the use of the Platform (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for direct losses will be limited to the greater of £10 and the amount paid by you to us (if any) under these Attendee Terms in the 12 months immediately prior to the date upon which the cause of action arose.
8. TERMINATION OR SUSPENSION OF YOUR ACCOUNT
8.1 We reserve the right to remove, restrict access to, or suspend your Account if:
8.1.1 you do not comply with these Attendee Terms; and / or
8.1.2 we reasonably believe your use of the Platform is, or is likely to be, in breach of any applicable laws and regulations.
8.2 We may investigate any such suspected non-compliance and will inform you using the email address you used to register your Account of any action we decide to take in accordance with clause 8.1.
8.3 If you wish to contest or review any action taken pursuant to the remainder of this clause 8, you may contact us at: [email protected].
8.4 We may temporarily discontinue any element of the Platform at any time for the purposes of upgrades, maintenance or other service administration reasons.
9. TERMINATION OF THE ATTENDEE TERMS
9.1 Without prejudice to clause 8, we may, at our sole discretion, terminate these Attendee Terms and your access to your Account or the Platform for any reason upon reasonable notice to you. This may occur if we choose to end the availability of the Platform or a particular element thereof.
9.2 Your and our accrued rights and remedies, and clauses 5, 6, 7 and 10 shall survive termination of these Attendee Terms for any reason.
10.1 These Attendee Terms constitute the entire agreement between you and us relating to your use of the Platform, to the exclusion of any other terms.
10.2 These Attendee Terms are subject to your applicable statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall they exclude or limit our liability for death or personal injury resulting from our negligence, nor any fraudulent acts or representations.
10.3 Use of the word “including” in these Attendee Terms means including without limitation.
10.4 Failure to enforce any of these Attendee Terms will not be deemed a waiver of any term or right.
10.5 If any part of these Attendee Terms is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
10.7 We may transfer our rights and obligations under these Attendee Terms to another organisation. We will inform you if we plan to do so. You will not assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Attendee Terms, without our prior written consent.
10.8 To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Platform, and these Attendee Terms are governed by English law.
10.9 Your or we may bring proceedings to settle any dispute or claim arising out of or in connection with these Attendee Terms (including non-contractual disputes or claims) in the courts of England or Wales. Notwithstanding the foregoing, you may have the legal right to bring proceedings in your local jurisdiction.
11. CONTACT INFORMATION
All questions, comments or enquiries should be directed to us at [email protected]