Terms and conditions
Booking/purchasing: Terms and conditions
FutureFest is a Programme of events organised and managed by Nesta, a company limited by guarantee registered in England and Wales with company number 7706036 and a charity with registered number 1144091, whose registered office is 58 Victoria Embankment, London, EC4Y 0DS.
These Terms and conditions apply to registrations for all FutureFest Events, (the “Event(s)”) and by booking you agree to the following terms and conditions. These Terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. By registering for a ticket for an Event, you accept these Terms and agree to comply with them.
1. Futurefest Events
1.1. FutureFest Events will include three FutureFest Late evening events and the main FutureFest festival to be held at times, dates and venues as shall be advertised on the FutureFest website.
1.2 The Booking Form for any Event and these Terms and conditions together form the contract between the person or organisation named on the Booking Form (“you”, and “your” shall be construed accordingly) and Nesta (“us”, and “we” and “our” shall be construed accordingly) for your attendance at the named Event and apply to the exclusion of any terms which you may seek to impose (unless the person named is under 18 years old, in which case “you” means the parent or guardian submitting the Booking Form for the Event).
1.2 Our acceptance of your order made via the Splash event ticketing page will take place when you purchase the ticket, at which point a contract will come into existence between you and us. Unless cancelled earlier in accordance with these terms and conditions, this contract shall terminate once the relevant Event has been delivered in full, at which point the obligations set out in these terms and conditions shall cease (except for the restrictions on use of the Materials set out in clause 4, which will continue forever).
1.4. You can contact us by telephoning our customer service team at 0207 438 2500 or by writing to us at [email protected]. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us on your Booking Form. When we use the words "writing" or "written" in these terms, this includes emails.
1.4. All applications to register for Events are subject to availability and you making full payment. We reserve the absolute right to refuse any application for a place at the Event. Your registration is not complete until you have paid for your ticket.
1.5.All Events will be delivered on the date and at the times and locations given on the event webpage. Food and beverages will be supplied only if specified.
2. Fees and Payment
2.1. Our fees for your attendance at an Event are set out on the relevant event registration Booking Form or can be obtained from us upon request or from our website. Fees may be subject to change from time to time, but this will not affect any tickets you have already purchased for the Event prior to such change.
2.2. You must pay 100% of the fees for an Event in advance via Braintree. If an alternative arrangement has been agreed with Nesta, payment is due either within 14 clear days of receipt of our confirmation email, or no later than seven clear days prior to the Event, whichever is the earlier. You may also be required to pay an additional fee or commission to our payment processor and any applicable VAT or other taxes. Please see clause 5 for important information about refunds and cancellation.
3. Your responsibilities
3.1. Please let us know about any specific accessibility requirements at least a month prior to the Event and we will try to accommodate these. Any requests made within a month from the event may not be accommodated if operational arrangements cannot be made in time
3.2. You must not make any recording of the Event without our prior written consent.
3.3. Please behave appropriately at the Event and follow the instructions of our staff and trainers. We reserve the right to exclude anyone who behaves rudely, dangerously or inappropriately, without any refund.
3.4. By submitting your order via the Event ticketing page, you are confirming that you are at least 18 years old.
4. Programme Materials
4.1. All intellectual property rights in Event materials, including resources, slides and our models, methods and approaches (“the Materials”), our name and logo, and any photos or recordings of the Events belong to Nesta. You have no right to use, copy, distribute or exploit the Materials without our prior written consent except as specified in clause 4.2 below. In particular, you may not use Materials in a way that may infringe third party rights or bring Nesta or any third party organization into disrepute
4.2. In certain circumstances, we may make Materials available on the basis of a creative commons licence. This will only apply to such Material as we indicate in writing is to be included in any such licensing regime. Where we have so confirmed, you may use, copy and develop the Materials for your own personal and non-commercial purposes provided you comply with the terms of the Attribution-NonCommercial-ShareAlike Creative Commons licence available to view at http://creativecommons.org/licenses/.
5. Changes to Events, Cancellation and Refunds
5.1. Nesta may cancel the contract by giving you notice in writing (whether by email or otherwise) for any reason at any time prior to the Event start date. If Nesta cancels the contract pursuant to this clause 5.1 it shall refund any fees already paid by you to Nesta for your ticket for the Event.
5.2. Nesta may also cancel the contract at any time, without liability to you if:
5.2.1 you fail to pay any sum owing to Nesta in connection with the Event as required by the payment terms set out in clause 2 above; or
5.2.2 you commit a serious breach of these Terms; or
5.2.3 Nesta is unable to provide the event in full due to a reason beyond its reasonable control.
5.3. If Nesta cancels the contract under clause 5.2.1 or clause 5.2.2 Nesta shall be entitled to retain (or be paid the balance of, as the case may be) the applicable fee in full.
5.4. If Nesta cancels the contract under clause 5.2.3 you shall be entitled to elect either: (i) to receive a full refund of the applicable fee; or (ii) (subject to availability) to attend an alternative Event offered by Nesta.
5.41 If you elect option (ii) and the fee applicable to the alternative Event is greater than the fee applicable to the cancelled Event, you shall be obliged to pay the difference in accordance with clause 2.
5.4.2 If you elect option (ii) and the fee applicable to the alternative Event is lower than the fee applicable to the cancelled event, Nesta shall refund the difference.
5.5. Nesta reserves the right to make changes to an Event at any time, because:
5.5.1 While speakers and topics were confirmed at the time of publishing, circumstances beyond the control of Nesta may necessitate substitutions, alterations or cancellations of the speaker and/or topics. Any substitutions or alterations will be updated on our web page as soon as possible;
5.5.2 It may be necessary for reasons beyond our control to make changes to the advertised timing and or location of the Event.
5.6. We welcome substitute individuals 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.
6. Use of Information
Photographs and video recordings may be taken at any Event and may be used by Nesta for marketing and publicity purposes relating to the Event and the FutureFest Programme. Nesta has a legitimate interest in being able to take photographs and recordings of the Events. If you do not wish to be photographed or recorded, please notify our staff at the Event.
7. Exclusion of Liability
7.1. Nothing in these terms and conditions shall limit or exclude Nesta’s liability for death and/or personal injury caused by the negligence of Nesta or its employees, agents or subcontractors, for fraudulent misrepresentation and any other liabilities which cannot as a matter of law be limited and/or excluded.
7.2. Subject to clause 7.1, Nesta cannot accept responsibility and expressly excludes liability for
7.2.1 any losses that were not foreseeable to both you and us when the contract was formed; or
7.2.2 any losses that were not caused by any breach on our part. You should take particular care not to leave your valuables unattended at any time.
8.1. The Booking Form and these Terms and Conditions represent the entire agreement between you and us in relation to any Event and supersede all previous agreements between us relating to that Event. You acknowledge that you have not relied on any representation or warranty other than as expressly set out in the Booking Form and these Terms and Conditions.
8.2. The laws of England apply to the contract and any dispute or claim arising out of or in connection with the contract or its subject matter or formation (including non-contractual disputes or claims). For the avoidance of doubt, this contract if concluded electronically is deemed to have been formed in England.
8.3. Nesta hopes to make your experience at FutureFest eEvent are excellent one and welcomes your comments, suggestions and details of satisfaction or dissatisfaction. If you have any comments or complaints in relation to the contract, please refer to the comments and complaints page of Nesta’s website (http://www.nesta.org.uk/feedback-about-nesta) and follow the procedure set out there.
8.4. If a complaint, dispute or claim cannot be resolved through discussions between you and Nesta, the courts of England will have non-exclusive jurisdiction over any claim arising from, or related to, these terms. This means that all claims relating to these terms and conditions can be settled by a judge (or a number of judges) in an English court. However, Nesta retains the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.
Nesta is a registered charity in England and Wales 1144091 and Scotland SC042833. Registered office: 58 Victoria Embankment, London EC4Y 0DS.