Terms and Conditions – Attendees

These Terms and Conditions apply to the use by all Users of the Swagable Platform provided by us, Attendable Ltd, a company registered in England and Wales under company number 12695541, whose registered office address is at 71-75 Shelton Street, London, WC2H 9JQ (referred to as “we/us/our”).

Please read these Terms and Conditions carefully. You will be required to read and accept them before you first log-in to use the Platform.

If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to use the Platform.

  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
      • “Account” means the account log-in information required to access and use the Platform;
      • “Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, our Platform;
      • “Platform” means our Swagable Platform available for use by Users and Sponsors;
      • “Promotional Offer” means any offer, discount, merchandise or other item (whether in physical or other format) to be provided by a Sponsor;
      • “Sponsor” means any individual or company that has agreed to provide a Promotional Offer via the Platform;
      • “User/You/Your” means you, the individual using the Platform; and
      • “User Content” means any Content added to our Platform by a User.
    • Any reference to “writing” and “written” includes electronic communications via the Platform and via email.
  1. Access to and use of the Platform
    • You may only use the Platform if you are at least 18 years of age and capable of entering into binding Contracts in England.
    • Access to the Platform is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access the Platform.
    • Access to the Platform is provided “as is” and on an “as available” basis. we may alter, suspend, or discontinue the Platform (or any part of it) at any time and without notice. Subject to the remainder of these Terms and Conditions, we will not be liable to you in any way if the Platform (or any part of it) is unavailable at any time or for any period.
  1. Accounts
    • In order to use the Platform, you will need to create an Account.
    • You must keep your Account details confidential and secure and must not share your Account details with any other person. You will need to ensure your chosen password is adequately strong and secure and is changed regularly.
    • You may be asked to provide delivery details for Sponsors to send physical Promotional Offers, and an email address for electronic Promotional Offers. It is your responsibility to keep this information accurate and up to date within the Platform.
  1. The Platform and Sponsors
    • You understand, acknowledge and agree that:
      • we are not the owners of thePromotional Offers, and at no time will we have access to or be directly supplying any Promotional Offer;
      • we do not pre-screen Sponsorsor any Promotional Offers that Sponsors place on our Platform, therefore we are not in any way responsible for these;
      • by selecting a Promotional Offer, you will be confirming that youhave read the description and all details within the relevant Promotional Offer carefully and that you understand and agree to any and all specific policies that are stated to apply by the relevant Sponsor;
      • whileall Sponsors are required to comply with our Terms and Conditions for Sponsors, which include provisions covering important matters such as processing times and delivery methods for Promotional Offers, all Sponsors are different and may not process transactions within the same time frame or offer the same delivery methods.
  1. Promotional Offers
    • Certain Promotional Offers will be available only for a limited period. Each Promotional Offer will specify what that period will be.
    • Promotional Offers are subject to availability and will not be deemed confirmed until the Sponsor has sent written confirmation of acceptance.
    • Promotional Offers are subject to the terms and conditions of the offer and the Sponsor, which will be made available to you separately.
  1. Delivery
    • Sponsors are required to send any chosen Promotional Offers to you as soon as is reasonably possible.
    • As stated in clause 3.3, you must provide complete and accurate delivery details and/or an email address to us. The Sponsor is responsible for ensuring that they use the details exactly as you provided them, but if sent items do not reach you due to incorrect details being provided by you, it is your responsibility and not the Sponsor’s or ours.
    • Different delivery methods may be offered by different Sponsors and will be at their discretion.
    • Sponsors are responsible for ensuring that they check, are aware of, and comply with all applicable shipping and customs regulations when sending items to you.
  1. Intellectual Property and User Content
    • All intellectual property rights in the Platform remain with us. You must not:
      • attempt to copy, modify, duplicate, create derivative works from, reverse compile, disassemble, reverse engineer, frame, mirror, republish, transmit, or distribute all or any portion of the Platform in any form or media or by any means;
      • access all or any part of the Platform in order to build a product or service which competes with the Platform;
      • vary, delete or obscure any notices of proprietary rights, means of identification or restrictions on or in the Platform;
      • sub-license, sell, rent, lease, transfer, assign, distribute or otherwise commercially exploit or make the Platform available to any third party; or
      • attempt to obtain, or assist third parties in obtaining, access to the Platform other than as provided under this clause 7.
    • You must not access, store, distribute or transmit any viruses, or any User Content or other material during the course of your use of the Platform that:
      • is unlawful, harmful, fraudulent,threatening, defamatory, obscene, harassing or offensive;
      • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      • facilitates illegal activity;
      • depicts sexually explicit images;
      • promotes unlawful violence;
      • is knowingly discriminatory;
      • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way in whichyou do not have a right;
      • implies any form of affiliation with us where none exists;
      • causes or may cause damage or injury to any person or property;
      • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
      • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence

        and we reserve the right, without liability to you, to remove any User Content or other material that breaches the provisions of this clause.

    • You own all rights, title and interestin and to all of the User Content you upload and will have sole responsibility for its legality, reliability, integrity, accuracy and quality.
  1. Our Liability to You
    • As stated above, we do not pre-screen Sponsors or any Promotional Offers that Sponsors place on our Platform. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety or legality of any Promotional Offer(s) chosen via our Platform. Any issues or claims pertaining to such a transaction must be raised directly with the Sponsor concerned. However, please notify us of any such issue, so we can maintain our high standards on the Platform.
    • We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence.
    • Subject to clause 8.2, to the fullest extent permissible by law, we will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    • Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
    • Nothing in these Terms and Conditions seeks to limit or exclude your rights as a consumer, where applicable. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
  1. Data Protection
    • All personal information that we may process will be collected, used and held in accordance with all applicable data protection legislation in force including, but not limited to, the Data Protection Act 2018, the UK General Data Protection Regulation, and any subsequent amendments to them.
    • Sponsors will also collect, hold and process your personal information in the course of providing your chosen Promotional Offers (for example, your name, email address and postal address). Sponsors are, therefore, also considered data controllers under data protection legislation and will be responsible for complying with their legal obligations and protecting your rights under such data protection legislation.
    • For further information on our processing of personal data, please refer to our privacy policy, available on our website.
  1. Other Important Terms
    • We may transfer (assign) our obligations and rights under these Terms and Conditions to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under these Terms and Conditions without our express written permission.
    • If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
    • No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
    • We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements.
  1. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the law of England & Wales.
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 11.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.