Terms and Conditions
Who We Are
Spark Conferences Inc. (hereinafter, “Spark”, “we”, “us” and “our”), a corporation incorporated pursuant to the federal laws of Canada, produces various conferences and events both online via videoconference and in-person.
Your Agreement with Us
By registering for and/or attending a conference offered by Spark, whether online via videoconference or in-person (a “Conference”), the registrant/attendee (hereinafter “you” or “your”) confirms that he/she/they have read and accepted, and agrees to be legally bound by these terms of service (the “Terms”).
If you do not wish to be bound by these Terms, please do not register for, or attend the Conference.
Registering on Behalf of Another
If you are registering on behalf of another person it is your obligation to make sure that the person attending is aware of these Terms and accepts them. By completing and submitting the registration form you are representing and warranting that you have made the person attending aware of these Terms and that they have accepted these Terms.
Changes to These Terms
The most current version of these Terms is available for review at any time on our conference website. We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our conference website. It is your responsibility to check our conference website periodically for such changes. Registration for and attendance at the Conference constitutes acceptance of those changes by you.
If you have any questions or comments about these Terms or any Conference, you may contact us at firstname.lastname@example.org.
Disclaimer, Limitation of Liability, Indemnity, Covid-19 Waiver and Release
Disclaimer: Except as may be expressly provided herein, Spark makes no warranties of any kind or nature, whether express or implied, including, but not limited to, warranties of any services.
Limitation of Liability and Exclusion of Damages: Under no circumstances will any of Spark, its shareholders, directors, officers, employees or contractors (collectively, the “Releasees”), be liable for consequential losses or indirect or special damages of any kind, regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranties, failure of essential purpose or otherwise, and even if advised of the likelihood of such damages, or for any loss or damage arising from the cancellation of the Conference. This Agreement does not impose any obligation or liability upon any person or entity other than the parties hereto. Further, the Releasee’s total liability under these Terms shall not exceed the total registration fees paid to Spark by you in relation to the Conference giving rise to the said liability. This Agreement does not impose any obligation or liability upon any person or entity other than the parties hereto.
Indemnity: You hereby agree to indemnify, hold harmless and defend the Releasees from and against any action, suit, claim, demand, proceedings, liability, damage, loss, cost and expense (including, without limitation, reasonable legal fees) (collectively, “Claims”) which may be made or brought against the Releasees, or which any of them may suffer or incur as a result of or in relation to any breach of the Terms by you.
Acknowledgment of COVID-19 Risks: The COVID-19 pandemic has created heightened risks for individuals who attend Conferences in-person. You, on your own behalf and on behalf of your respective heirs, executors, administrators, personal legal representatives, assigns and next of kin (collectively, “Legal Representatives”), covenant, acknowledge and agree as follows:
- There may be significant risks and dangers related to your participation in in-person Conferences, including without limitation an increased risk of contracting COVID-19 or even death;
- You will be required to be fully vaccinated, supply your own personal protective equipment and wear an appropriate facial mask, if and as required by the applicable health guidelines, during all in-person Conferences;
- Spark will make reasonable efforts to follow the current Ministry of Health guidelines related to the current COVID-19 pandemic, and will develop and implement its own set of policies and practices to adhere to said guidelines.
- As the COVID-19 pandemic evolves, the practices and protocols of Spark are subject to change;
- You shall notify us in advance, and may be excluded from attending the Conference in-person, in the following circumstances: you have symptoms related to COVID-19; you have a confirmed COVID-19 infection; your isolation is recommended by government guidelines; or other factors exist which cause Spark to be concerned about COVID-19.
Assumption of Risk: You are fully aware that your participation in an in-person Conference poses risks and dangers related to COVID-19 including an increased risk of infection. You voluntarily, knowingly and freely assume all such risks and dangers even if caused by the negligence or wilful acts or omissions of Spark or the other Releasees.
COVID-19 Waiver and Release: You hereby waive all rights to make or bring any Claims related to COVID-19 which you or your Legal Representatives have or may in the future have against the Releasees (or any of them) and hereby release and forever discharge the Releasees (and each of them) from any and all Claims and liability for or in respect of any COVID-19 related illness, infection, personal injury, or death as a result of or related to their participation in an in-person Conference due to any cause whatsoever including, but not limited to, negligence, wilful acts or omissions, breach of contract, breach of any government guidelines or breach of any statutory or other duty of care by any of the Releasees or any other person.
Refund and Cancellation
If you are unable to attend the Conference for any reason please email email@example.com.
The full amount of your Conference ticket, less a $100 processing fee, will be refunded for cancellations received at least 15 calendar days prior to the date of the applicable Conference. For registrants who cancel from 15 calendar days to 3 calendar days prior to the conference, a credit redeemable against future conference registration fees will apply. Within 3 calendar days, no credit and non-refundable.
It is possible at any time to request a participant replacement. If another individual will be attending the Conference in your place, please email us at firstname.lastname@example.org with the contact information for the new attendee so that we can ensure that they have all the Conference documentation and an identifying badge with their information.
Your Attendance at the Conference
You are responsible for advising us at the time of making your booking regarding any special access requirements you require at the Conference.
You are responsible for arranging your own appropriate insurance cover in connection with your in-person attendance at the Conference.
Attendees shall not canvass, promote, advertise or solicit for business in a manner which, in our sole discretion, is deemed unacceptable. We, in our sole discretion, and without any liability or obligation to refund, reserve the right to refuse admittance to or to eject from the Conference anyone that we determine: is behaving in a manner that could disrupt, hinder or cause a nuisance to the Conference or to the enjoyment of any other person or partner at the Conference; represents a security or health & safety risk to the Conference or to any person or partner; and/or fails to comply with, or is likely to fail to comply with, these Terms.
Personal Use Only
You agree to refrain from recording the Conference or any part thereof.
Attendance at the Conference online via videoconference is for your personal use only and may not be shared.
All content and information available on our website, and any material provided by Spark part of the Conference including but not limited to the entirety of the video, audio, any chat content and any supplementary materials, such as workbooks, eBooks (collectively the “Spark Content”), is copyrighted, and the property of Spark or third parties. All rights are reserved. You may use the Spark Content solely for your personal and non-commercial use. Any and all other uses, including but not limited to the reproduction, resale, distribution, creation of derivative works, development of competing products, display or transmission of any Spark Content, or altering any of the information or materials provided by Spark is strictly prohibited. Further, all trademarks, service marks and trade names used within the Spark Content, are trade-marks of Spark or a third-party. You are prohibited from using any such marks for any purpose without the written permission of Spark or such third party, which may own the marks.
Changes, Cancellation or Postponement of the Conference by Spark
We try to make sure that the Conference agenda, speakers, sessions, venue and dates are correct at the time of publishing. Circumstances beyond our control may necessitate substitutions, alterations, postponements, or cancellations to the content, format, themes, name, performers, hosts, moderators, venue, timing or dates of the Conference. We reserve the right to do so at any time and will not be liable to you for any cost incurred by you as a result (including, without limitation, travel, accommodation and other expenses).
We will endeavour to notify you as soon as reasonably practicable of any substitutions, postponements, or changes by posting the updated information on the Conference website.
If the in-person portion of the Conference is cancelled by Spark, we will provide you with an online ticket and refund the difference between the in-person and the online ticket fee. Full refunds will not be provided if the Conference will be provided online via videoconference.
If the Conference is postponed, we will provide you with substitute passes to the Conference at a later date. No refunds will be provided if the Conference is postponed.
In the unlikely event of cancellation of the Conference, our total aggregate liability to you is limited to the refund of registration fees actually paid by you that remain after credit card and payment processing fees have been incurred and deducted. In no event will we be liable to you for any expenditure, damage or loss incurred by you as a result of the cancellation.
Photography, Audio and Video Recording by Spark
By attending the Conference you acknowledge that Spark may collect and retain photographs, videos or other recordings of the Conference and you, which will become the property of Spark.
You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to be recorded, you can choose to leave the Conference.
You agree that Spark may use such photographs, videos or other recordings for marketing, advertising and other business purposes (including without limitation, the creation of promotional materials, brochures, website and social media content). You agree to permit Spark, or any third party licensed by us, to use, distribute, broadcast, or otherwise globally disseminate your likeness, name, voice and words in perpetuity in television, radio, film, newspapers, magazines and other media now available and hereafter developed, both before, during and any time after the Conference, and in any form, without any further approval from you or any payment to you. This grant includes the right to edit the media, the right to use the media (alone or together with other information), and the right to allow others to use or distribute the media.
Spark may use third-party services to deliver the Conference including but not limited to email, Zoom and other videoconferencing services. You acknowledge and agree that you may be required to agree to third-party terms of service in order to receive such third-party services in order to attend the Conference.
It is possible that the Conference and/or some of the services may not be available at any given time due to (a) power or server outages or issues (b) update or maintenance periods (c) as a result of war, acts of God, flood, drought, earthquake or other natural disasters; (d) epidemic or pandemic; (e) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (f) nuclear, chemical or biological contamination or sonic boom; (g) any law or any action taken by a government or public authority; (h) collapse of buildings, re, explosion or accident; (i) any labour or trade dispute, strikes, industrial action or lockouts; (j) non-performance by suppliers or subcontractors; (k) interruption or failure of utility service and/or (l) electronic or communications failure. We will make reasonable efforts to provide you with notice of interruption to the services or the Conference. Where the services are unavailable for reasons beyond the control of Spark Conferences Inc., we shall have no liability to you.
In no event shall Spark be liable if Conference is, in whole or in part, cancelled, rescheduled or postponed, or for any failure or delay to perform our obligations under these Terms, if such event results from anything beyond our reasonable control (for example (a) power or server outages or issues (b) update or maintenance periods (c) as a result of a war, acts of God, flood, drought, earthquake or other natural disaster; (d) epidemic or pandemic; (e)terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict imposition of sanctions, embargo, or breaking off of diplomatic relations; (f) nuclear, chemical or biological contamination or sonic boom; (g) any law or any action taken by a government or public authority; (h) collapse of buildings, re, explosion or accident; (i) any labour or trade dispute, strikes, industrial action or lockouts; (j) non- performance by suppliers or subcontractors; and (k) interruption or failure of utility service , (l) electronic or communications failure y) or anything else that renders performance of the event, in whole or in part, impracticable, illegal or impossible.
Occasionally there may be information within the Spark Content that contains typographical errors, inaccuracies or omissions, including but not limited to product description errors, pricing errors, content errors, and other matters. Spark reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice to you (including after you have submitted your order).
If any provision contained in these Terms or the application of such provision to any party or person or circumstance shall be held illegal, invalid or unenforceable, the remainder of these Terms, or the application of such provision to a party or person or circumstance other than those as to which it is held illegal, invalid or unenforceable shall not be affected thereby.
No waiver or failure to exercise any option, right or privilege under these Terms or the Agreement by either of the parties hereto on any occasion or occasions shall be construed to be a waiver of the same on any other occasion or of any other option, right or privilege.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (but without giving effect to any conflict of laws rules). The parties hereto agree that the Courts of Ontario shall have jurisdiction to entertain any action or other legal proceedings based on any provisions of the Agreement. Each party hereto does hereby attorn to the exclusive jurisdiction of the Courts of the Province of Ontario.
Win A Free Ticket
Entrants into the draw shall be deemed to have accepted these Terms and Conditions:
- The draw is open to everyone who completes the online form available on the conference webpage throughout the year and who had NOT already registered for this conference for different reasons (e.g. budget constraints).
- Multiple winners will be selected and notified up to the deadline.
- If a winner does not respond within 2 business days of being notified or rejects the prize, then the winner’s prize will be forfeited.
- This draw and the process starts again new the day after each annual conference.
- The draw will be performed by a randomized computer process.
- The winner will receive a complimentary registration to the conference. Travel and accommodation are not included in the prize.
- The prize is non-exchangeable and is not redeemable for cash or other prizes.
- Spark Conferences Inc. reserves the right to announce the name, job title, and organization of winners on their online social media channels and event website.
- The prize draw will be governed by applicable federal, provincial and municipal laws and regulations.
If you have any questions about how to enter or in connection with this prize draw, please e-mail us at email@example.com
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