September 2024

This website is operated by Freepik Company, S.L., registered in the Commercial Registry of Málaga, volume 4994, sheet 217, page number MA-113059, with Tax Number B-93183366 and registered office at 13 Molina Lario St., 5th floor, 29015, Málaga, Spain ("Company").

These terms and conditions ("Terms") govern the access, browsing, and use by users ("User" or "Users") of https://upscaleconf.com/, including any of its subdomains and/or sections ("Website"), as well as the services rendered through the Website ("Service" or "Services"), which include subscribing to our newsletter and accessing links to purchase tickets on the Website and third-party websites.

Accessing and using the Website implies that the User has read and accepts to be bound by these Terms without exception. If the User does not accept these Terms or has any objection to any part of them, the User must not use the Website.

The Company may modify the Terms at any time, and we recommend that the Terms are reviewed on a regular basis by the User. The date at the beginning of these Terms refers to the latest update, which will be applicable from the date of publication.

Some Services provided through the Website may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by the Company or by third parties. Such specific conditions shall apply in addition to these Terms and, in case of conflict, shall supersede these Terms. Accordingly, the User must read and accept such specific conditions before the provision of the relevant Service.

The Company may provide translations of these Terms into various languages merely for informative purposes. However, the English version is the only legally binding version. In the event of any discrepancy between the English version and a translated version, the English version shall prevail.

In respect of the collection and processing of personal data, the Privacy Policy will apply.

1. Authorized Use

The User is authorized to use the Website and the Services in good faith and in compliance with these Terms. The User agrees not to use the Services negligently, for fraudulent purposes, or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Company or third parties.

The User will not interfere with the functioning of the Website or the Services. The User agrees not to carry out any action that may damage, disable, or overload the Website or the Services, or impede their normal use.

The User will not interfere with the functioning of the Website or in the Services, in particular, he/she/it will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by the Company. The use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes the Company’s interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by the Company or which is not the ordinary method of accessing the Website is also strictly prohibited.

The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that they meet all requirements and have all the equipment and software necessary for this purpose.

The rights granted to the User under these Terms are personal and shall not be assigned to any third party without the prior, express, and written consent of the Company.

When providing the Services, the Website may include links to advertising or third-party websites, which is expressly accepted by the User.

2. Subscription to Newsletter

To subscribe to our newsletter, the User must provide a valid email address and may be required to provide additional information. The User agrees to provide accurate, complete, and up-to-date information. The User is solely responsible for keeping such information updated. Should the User provide false, outdated, or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User's subscription.

Unsubscribing

The User may unsubscribe from the newsletter at any time by clicking the "Unsubscribe" link provided in each newsletter email or by contacting us at info@upscaleconf.com.

3. Third-Party Links

The Website may include links to third-party websites, including but not limited to websites where tickets to UpscaleConf events can be purchased. These links are provided for the User's convenience only, and the Company does not totally endorse the content of such third-party websites. The Company does not have control over such websites and is not directly responsible for their content or availability.

The User acknowledges and agrees that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites.

4. General Conditions of Ticket Sales

The conditions in this section ("Ticket Sales Conditions") govern any purchase of tickets offered through the Website or through a third-party ticketing platform linked from the Website ("Ticketing Platform"). By completing the purchase process of any ticket, the User acknowledges that they have read and accepted without reservation the Ticket Sales Conditions outlined in this section. For clarification purposes, these Ticket Sales Conditions are additional to the general Terms and will continue to apply to Users who have purchased tickets unless expressly stated otherwise.

4.1. Ticket Purchase Process

• Availability: Tickets for UpscaleConf events are offered on the Ticketing Platform subject to availability. The Ticketing Platform includes information regarding the events, how to purchase tickets, their prices (in the corresponding currency and including, if applicable, the applicable Value Added Tax), and any specific conditions applicable to them.
• Personal Use: Tickets are personal and cannot be transferred or resold to third parties without the prior written consent of the Company. Unauthorized resale or transfer may result in cancellation without refund.

4.2. Pricing and Payment

• Accepted Payment Methods: The price of the tickets can be paid using the payment methods accepted at any given time on the Ticketing Platform, which may include credit/debit cards, bank transfers, or other electronic payment systems.
• Secure Transactions: The Company uses secure payment gateways and complies with applicable regulations to ensure the security of payment transactions. The Company does not store, process, or transmit payment data related to the card itself or the cardholder (such as card number, holder, expiration date, or security codes).
• Payment Authorization: The purchase of tickets will not be considered complete until payment has been received and authorized by the corresponding payment entity. The Company reserves the right to cancel any transaction in case of payment issues.

4.3. Confirmation and Invoicing

• Confirmation: Upon successful payment, the User will receive a confirmation email with the details of the purchase and the electronic tickets attached or instructions on how to access them.
• Invoice: The User will receive the corresponding invoice, which will be sent to the email address provided during the purchase process. If the User requires a customized invoice, they should contact the Company at info@upscaleconf.com.

4.4. Right to Modify Prices

• Price Changes: The Company reserves the right to modify the prices of tickets at any time. However, the price applicable to a purchase will be the price displayed on the Ticketing Platform at the time the User completes the purchase process.
• Errors: In the event of a pricing error on the Ticketing Platform, the Company will inform the User as soon as possible and offer the option to reconfirm the order at the correct price or cancel the purchase with a full refund.

4.5. Refunds and Cancellations

• Refund Policy: Unless otherwise specified in the specific conditions of the ticket or event, tickets are non-refundable except as required by applicable law. The User acknowledges that, due to the nature of the services (event tickets), the right of withdrawal may not apply.
• Event Changes: The Company reserves the right to make changes to the event program, including but not limited to changes in the schedule, venue, or speakers. In a case of a material change, the Company will make reasonable efforts to inform the User, and any refund or compensation will be handled in accordance with applicable laws.
• Event Cancellation: If the event is canceled by the Company, the User will be entitled to a refund of the ticket price, excluding any additional expenses such as travel or accommodation.

4.6. User Obligations at Events

• Compliance: The User agrees to comply with all rules and regulations applicable at the event venue, including safety and security policies.
• Prohibited Items and Conduct: The User must not bring prohibited items into the event venue or engage in disruptive, illegal, or harmful behavior. Failure to comply may result in removal from the event without refund.

4.7. Intellectual Property and Image Rights

• Recording and Photography: The User acknowledges that the event may be recorded or photographed by the Company or authorized third parties. By attending the event, the User grants the Company the right to use any images or recordings in which they may appear for promotional or marketing purposes without compensation.
• Prohibition on Unauthorized Recording: The User may not record, film, or photograph the event for commercial purposes without the prior written consent of the Company.

4.8. Transfer of Rights

• Non-Transferable: Tickets purchased are personal to the User and may not be transferred, assigned, or resold to any third party without the prior written consent of the Company.

4.9. Liability

• Limitation of Liability: The Company's liability is limited to the refund of the ticket price in the circumstances described in these Terms. The Company is not liable for any indirect losses or damages, such as travel or accommodation expenses.
• Force Majeure: The Company shall not be held responsible for any failure or delay in the performance of its obligations due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, or any other unforeseen event.

4.10. Right of Withdrawal

• The User acknowledges that, in accordance with Article 103.l) of the Spanish General Law for the Defense of Consumers and Users, the right of withdrawal does not apply to services related to leisure activities if the contracts provide for a specific date or period of performance.

4.11. Communications

• Notifications: All communications regarding ticket purchases should be directed to info@upscaleconf.com. The Company will communicate with the User using the contact information provided during the purchase process.

5. Liability

The User acknowledges and agrees that they use the Website and its Services at their own risk and responsibility. The Company does not accept any responsibility for misuse or use in breach of these Terms.

The User will be responsible for any damages to the Company resulting from the User's use of the Website and the Services in breach of these Terms and agrees to indemnify the Company and its directors, employees, agents, and representatives from any liability arising from the User's breach of these Terms.

The Company does not warrant the availability or continuity of the Website or the Services, nor their reliability, quality, completeness, accuracy, or fitness for a particular purpose.

By way of example and without limitation, the Company shall not be liable for any damages that may result from:

• Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, or failure of telecommunication networks not caused by the Company.
• Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network, or the electricity grid.
• Third-party actions.
• Unavailability of the Website and the Services due to maintenance or software updates.
• Any other event beyond the Company's direct control.

Except in cases of the Company's willful misconduct, and those cases in which, due to the specific circumstances of the User involved or the nature of the matter, applicable law provides that liability cannot be limited by agreement, use of the Website and the Services is at the sole risk of the User, and the Company shall not be liable for any damage of any kind caused to the User as a result of using the Website and/or the Services.

6. Intellectual Property

All intellectual property rights over the Website, the Services, and the content included therein (including without limitation text, images, graphics, logos, trademarks, icons, buttons, photographs, videos, sound recordings, etc.) belong or are licensed to the Company.

Except as expressly authorized under these Terms, the reproduction or distribution, transformation, creation of derivative works, public communication, making available, extraction, reuse, or any other use of the Website, the Services, or any of their parts is strictly prohibited.

If you believe that any content infringes third-party rights or does not comply with these Terms, you can report it to the Company as set forth in these Terms.

7. Changes and Closure of the Website

The Company may, at any time and without incurring any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions, or cease to provide some or all of the Services and features available, or deactivate and delete all or some of the User accounts and their corresponding information. However, the Company will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law.

8. General and Contact Information

The use of the Website and the Services, as well as the interpretation and application of these Terms, shall be governed by Spanish Law. Except in cases where applicable law imposes a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of Málaga (Spain), and the parties expressly waive any other applicable jurisdiction.

In accordance with the provisions of Article 14 of Regulation (EU) 524/2013, Users are informed that, in cases where it is applicable due to the User's condition as a consumer, the European Commission has an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/.

If any provision in these Terms is declared invalid or unenforceable, it shall be substituted or deemed not included. The remaining provisions in these Terms shall not be affected in any way.

You may contact the Company for any queries or claims at https://www.upscaleconf.com/contact or via email at info@upscaleconf.com.

Last updated: September 2024