The Grid Events Terms & Conditions

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Terms and Conditions of Event Entry and Participation

DEFINITIONS:

• “Agreement” means the agreement between you and The Grid, comprising these Terms and any document that may be incorporated by reference within them;

• “Booking” means your ticket, or ticket reservation, to enter and/or participate in an Event;

• “Event” means the event, contest or competition organized by The Grid which is the subject of your Booking;

• “Event Participation Fee” means the fee payable by you to The Grid in consideration of your Participation in the Event;

• the “Participant” means any individual Participating in the Event or the parent or guardian of a minor (under 18 years old) participating in the Event;

• “Participation” means your participation in an Event, whether as a competitor or spectator;

• “Released Parties” means and includes together The Grid and its affiliates and its and their respective directors, officers, employees, agents, contractors, personnel, insurers, equipment suppliers and volunteers;

• “Terms” means these Terms and Conditions of Event Entry and Participation;

• “we”; “us”; “our”; “The Grid” means The Grid Events Limited (C 93201), International House, Mdina Road, Mriehel, Birkirkara, Malta; and

• “you” means you, the Participant.

1. INTRODUCTION

These Terms cover the Events and related services organized and/or provided by The Grid, and govern the legal relationship between you, the Participant, and The Grid (together, the “Parties”) in respect of your Bookings and Participation in any Event.

By requesting, applying for or confirming a Booking, or entering into or attending an Event, you, the Participant, agree and confirm that you have read and understood, and accept all of the terms and conditions contained in these Terms, and also warrant and confirm that you have read the Privacy Policy of The Grid in full and understood its contents.

These Terms incorporate within them, as though they were fully set out in this document, the provisions of the following terms and policies:

(a)        The Privacy Policy [insert link];

(b)        The Grid Participant Information Pack [insert link];

(c)        The Grid OCR Athlete Guidelines;

Those terms and policies also apply to your Bookings and Participation in any Event, and therefore it is important that you read them in conjunction with these Terms.

Collectively, these Terms and all the other documents mentioned above will comprise the full binding legal Agreement between yourself (the Participant) and The Grid in relation to your Bookings and Participation in any Event. They also supersede any additional or inconsistent terms, understandings, commitments, agreements, representations or conditions, whether oral or in writing, in any acknowledgement, purchase confirmation or other documents that may be proposed to or provided by you (the Participant).

If you do not agree with any of the terms contained in this Agreement, DO NOT ATTEMPT TO ENTER INTO OR PARTICIPATE IN ANY OF OUR EVENTS.

2. GENERAL

• The Participant should read these Terms, and any document referred to in them, very carefully. If there is anything which the Participant does not understand or is otherwise unsure about, the Participant should discuss that matter with The Grid and seek the necessary clarification.

• All Bookings and Participation in our Events shall be subject to these Terms, which must be followed by the Participant at all times.

• Please read these Terms carefully before applying for or confirming any Bookings or agreeing to Participate in any of our Events. It is a legal document and does have legal consequences and contains important legal terms, such as our limitation of liability and also the circumstances where refunds may be offered.

• These Terms shall also apply to you, and come into binding effect between yourself and us, if another person has sold or otherwise transferred his or her booking to you. All bookings for our Events (including tickets) are issued or otherwise confirmed subject to the application of these Terms and, by purchasing another person’s booking or otherwise having it transferred to you, you accept and agree to be bound by these Terms. For avoidance of doubt, this applies to all cases of ticket resale and reselling.

• Nothing in these Terms is intended to reduce or remove statutory rights as a consumer. In particular, please contact us for any questions on our refund policy.

3. INTERPRETATION

• In these Terms, unless the context requires otherwise:

• headings are inserted for convenience only and will not affect the construction or interpretation of these Terms;

• words importing the singular include the plural and vice-versa; and

• a reference to any Party shall include that party’s permitted assignees and successors in title.

4. REPRESENTATIONS AND WARRANTIES

• You, the Participant, represent and warrant to The Grid that:

• you are not under any legal disability with respect to and are not subject to any law or regulation which prevents: (i) you from entering into these Terms or (ii) your performance according to these Terms or any transaction or Booking or Participation requirements contemplated in them;

• any information which you provide or may provide to The Grid, including any confirmation as to your health status or health condition, is complete, up-to-date, accurate and correct in all respects;

• you are fully aware of the physical requirements demanded by the Event(s) that you wish to Participate in and that you have read-up on and familiarized yourself with the particulars of that Event, including its route, length and nature of the terrain and what activities and obstacles are involved;

• you are in good health and physical condition and able to safely Participate in the Event(s) that you will be Participating in; and

• the above representations and warranties will be true and accurate throughout the duration of this Agreement between yourself and The Grid, covering both the time your Booking and also the time of your actual Participation in our Event(s).

PART I: ASSUMPTION OF RISK, LIMITATION OF LIABILITY AND INDEMNITY

5. ASSUMPTION OF INHERENT RISKS

• Our Events are intended to be a severe test of stamina, strength, endurance and mental fortitude that takes place at a specific venue, on a specific date. The venue is part of the challenge and our Events will usually be held in hostile environments that might include intense heat or cold, mud, stones/gravel on the ground, extreme or abrupt changes in elevation and water. Some of the activities at an Event include runs, military style obstacles, inflatable obstacles, and generally any challenge which The Grid puts in front of you (e.g. climbing walls or traversing nets). In summary, an Event is a hazardous activity that presents a hard, physical and mental challenge to Participants.

• Accordingly, you, the Participant, acknowledge and understand that:

• the Event may be potentially hazardous and will involve strenuous physical exercise and exertion and numerous factors which could involve personal risk and may even be held on public roads and facilities or areas open to the public during the Event and upon which hazards are to be expected, and that admission to or Participation in any Event is at your own risk;

• the route of the Event may require running and/or cycling on public roadways and/or on rough uneven terrains and which may pose travelling hazards and risks. Furthermore, you also acknowledge and accept that Participation in any Event will require and result in strenuous physical exertion as participants will be required to be active for very long periods of time, including the risk of being active through inclement weather and/or very hot weather;

• the Event carries with it inherent risks of physical injury and illness. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the Event) regardless of the care, measures and precautions taken by The Grid, and may include (but are not limited to):

• your contact or collision with other persons or objects (e.g. with spectators or course personnel, other participants, motor vehicles, machinery, or natural or man-made fixed objects or obstacles);

• your encounter with event obstacles (e.g. natural and man-made water, road and surface hazards, close proximity and/or contact with pipes);

• extremely challenging course conditions;

• weather-related hazards (e.g. extreme heat and risk of dehydration);

• judgment and/or behaviour related problems by yourself during the Event;

• erratic or inappropriate co-participant behaviour; and

• natural hazards (e.g. uneven terrain, contact with poisonous plants); and

• it is your responsibility to consult with a healthcare professional prior to participating in any Event to ensure that you are fit and well enough to take part and that your Participation will not pose any unusual or serious risks to your health or well-being or that of any co-participants. It is your sole responsibility to act on and adhere to the medical advice given to you.

• You agree and warrant that, if you believe or become aware that any aspects of the Event (including its course activities, facilities or equipment) are unsafe or pose unreasonable risks, you will immediately notify our course personnel.

• You also confirm that you fully understand the inherent risks involved in an Event and further assert to us that you are willingly and voluntarily participating in the relevant Event. You further confirm and declare that you have read the preceding paragraphs of this Clause 5 and acknowledge and confirm that:

• you understand the nature of the Event;

• you understand the demands of the activities and obstacles at the Event relative to your physical condition;

• you appreciate the potential impact of the types of injuries and illnesses that may result from your participation in the Event; and

• you are knowingly assuming all of the potential inherent risks from Participating in the Event (as described above).

• You, the Participant, shall secure and maintain, at your own expense, an appropriate insurance policy to cover, to the extent reasonably possible, the risk of damages presented or posed by Participating in the Event.

• You are strongly advised to take every reasonable precaution and in the case of any questions is advised to contact The Grid prior to the Event.

• You accept and assume full responsibility for your behaviour and actions throughout the Event and agree and undertake to, at all times, abide by and observe all instructions given by our personnel at the Event (including the course personnel). You acknowledge and understand that those instructions are intended to ensure and protect the health and safety of the participants in the Event and that non-compliance or non-observance may result in your requested withdrawal or even removal from the Event.

6. EQUIPMENT

• The gear and equipment which the Participant uses whilst Participating in the Event is key to preventing injuries. It is your sole responsibility to ensure that your gear and equipment is functional, effective, essential, adapted to the requirements and particulars of the Event and meets and provides all safety requirements.

• You accept full and sole responsibility for the selection, condition and adequacy of your gear and equipment. You shall take care of, and be solely responsible for, the procurement, maintenance and the disposal of your own equipment or gear.

• Any property deposited by the Participant at our event village or at any point or stage of the Event course is done by that Participant at its own choice and risk. The Grid shall not be responsible for loss of, theft, or damage to any such property, including if the same arises during the course of any transportation being carried out by The Grid.

7. MEDICAL

• All Participants must complete our medical form and disclaimer as accurately and fully as possible. We reserve the right to either refuse to accept your Booking or cancel your Booking, or otherwise prevent you from Participating in our Event:

• if you fail to complete or return our medical form and disclaimer (or otherwise do not fully or satisfactorily complete it); or

• on medical grounds (for example, if, at our discretion, we request certified medical clearance for your Participation, and you fail to obtain or provide this).

• By applying for or confirming a Booking, you declare and confirm to us that you are in good health and in proper physical condition to safely take part and Participate in all activities and obstacles involved in the Event. You accept, acknowledge and understand that it is your responsibility and duty to refrain from Participating in any Event if you have or develop any known or knowable physical or mental conditions (including where developed after the submission or confirmation of your Booking) that would impair or affect your ability to safely participate in that Event, or that would result in your Participation creating a risk of danger to yourself or to others.

• As part of your registration for the Event, you will be required to complete and sign our medical form and disclaimer and submit this to our staff. pack. We will not verify your replies to this form or any of the statements or declarations which you make, and it is your sole responsibility to ensure that they are correct, accurate and complete. Your medical form will be passed on to the third party with whom we have arranged to provide first aid and emergency care services during the Event (e.g. Red Cross), and will be used by them to assist with treating you in the event of any injuries or incidents.

• You, the Participant, understand that it is your responsibility to continuously monitor your own physical and mental condition during the Event and its various stages. You agree and undertake to withdraw immediately from the Event and notify the course personnel if, at any point, your continued Participation is likely or would create of danger to yourself or to others.

• You also authorizes The Grid to secure emergency medical care or transportation for yourself when deemed necessary by The Grid or any third-party emergency first aid providers on site at the Event.

8. LIABILITY

• You, the Participant, hereby waive, release, covenant not to sue, and fully discharge The Grid and all other Released Parties from any and all actions and claims (including all claims for losses, costs, expenses or damages) which you, the Participant, may have arising out of your Participation in the Event, including (but not limited to) those that result from or are connected with:

• any of the inherent risks involved in that Event;

• your assumption of those inherent risks in accordance with Clause 5; or

• any damage to, loss of, or theft of your property (including any of your gear or equipment during an Event).

EXCEPT THAT nothing in these Terms shall limit or exclude our liability for fraud, gross negligence, death or personal injury caused by our actions or omissions, or any other liability that cannot be excluded or limited by law.

• You, the Participant, also hereby agree to defend, hold harmless and reimburse The Grid from and against all liabilities, costs, expenses, damages and losses that are suffered or incurred by The Grid, or for which The Grid may become liable (including by way of any claims made, asserted or threatened against us by co-participants, rescuers or our sponsors), that arise out of or in connection with:

• your breach or non-observance of the Agreement, including these Terms;

• your breach of any warranties in the Agreement, including these Terms;

• your actions, behaviour or conduct during the Event (including any non-observance of instructions given by our course personnel); or

• any omissions or inaccurate or false statements made by yourself or any inaccurate or false declarations, information or documentation given or provided by you in your responses to our medical form and disclaimer.

• This Clause 8 shall survive the conclusion or earlier cancellation of the Event.

PART II: COURSE RULES

9. COMPLIANCE

• It is the sole responsibility of the Participant to comply at all times during the Event with all applicable laws, bye-laws and regulations of the Republic of Malta, including without limitation, all speed regulations, road traffic laws and laws relating to the possession or use of alcohol, drugs or other prohibited substances.

10. OBSERVANCE OF THESE TERMS

• You understand that failure to comply with these Terms may, at the sole discretion of The Grid, result in your disqualification from the Event.

• By attending in person the physical site of our Event, then, irrespective of whether you are participating or not, you are required to comply with the health and safety rules of that Event and these Terms. Otherwise you will be asked to leave the Event site.

11. EVENT RULES

• For reasons of fairness, safety and the integrity of our Event, the Participant is expected to abide by the following rules and regulations as laid out by below in this Clause 11. Ignorance of these rules and regulations shall be regarded as no excuse and failure to comply with any of them may lead to time penalties or disqualification from the Event.

• General Rules.You, the Participant, shall and undertake to at all times during an Event:

• show respect for the environment, landowners, local communities and other recreational users and behave appropriately;

• follow and adhere to the local byelaws;

• act respectfully to all participants, people, equipment, property and facilities;

• ensure that you are wearing or carrying the appropriate kit or gear;

• not interfere with the timing mats or boxes or their positioning;

• not stay or steer off the course or enter any out-of-bounds areas;

• not solicit, obtain or attempt to obtain, any outside assistance;
• not cheat or make use of any prohibited assistance (“cheating” would include, but is not limited to, shortcuts, use of banned substances, use of vehicles or transportation services or any wheeled equipment);

• not wear any clothing or use any gear, props or equipment that may pose a risk to himself/herself, the other participants, spectators or personnel;

• stop and assist any participants who are in need of medical attention and alert the course personnel ASAP;

• ensure that any injured participant in proximity to you is being adequately seen and attended to before continuing the Event;

• fully cooperate with Event officials and personnel at all times and abide by all instructions and directions given by them; and

• abide by the health and safety rules and regulations of the Event or venue.

• In addition, you shall:

• not bring any animals to the Event; and

• participate in the Event with a co-operative and positive attitude. In that respect, pre-event reconnoitering is deemed not to be in the spirit of the Event or the fair competition which it aims to promote.

• Alcohol and Drugs. You agree, warrant and undertake that you will not be under the influence of alcohol or any non-prescription drugs or any other substances during your participation in the Event. Any suspicion that you are will result in your immediate disqualification and removal from the Event.

• We hereby reserve the right to disqualify and eject you (the Participant) from the Event if you act in breach of, or fail to observe, any of the rules set out in this Clause 11 (irrespective of whether this occurs during, or before the actual commencement of, the Event). You, the Participant, expressly acknowledge and understand this and accept that, if disqualified or removed for such reason, you will not be entitled to a refund.

• All decisions by us regarding any aspect of the Event are final and binding and no correspondence will be entered into about them.

12. CANCELLATION OR POSTPONEMENT BY US

• We may cancel or postpone any given Event at our discretion if circumstances or forces beyond our reasonable control arise which prevent us from administering, holding or performing that Event as planned (a “Force Majeure Event”). Force Majeure Events include, without limitation, abnormal or adverse weather conditions (including inclement weather conditions), flood, storm, war, civil or political unrest, terrorism, pandemics or epidemics or where resulting from any, or changes to any, legislation or regulation We will notify you (by email or public announcement) should this arise.

• We also reserve the right to cancel or postpone an Event if,  one (1) month before the date on which the Event is meant to take place, we have not, in our sole discretion, received sufficient number of applications to ensure that there are enough participants to make that Event economically viable.

• If, due to any of the reasons mentioned in Clause 1 or Clause 12.2, we decide to cancel the Event (as opposed to postponing it), then you will be entitled to a full refund of your Event Participation Fee, provided you give us notice of your request within from the date of our notification to you of the Event’s cancellation.

If no request is made, we will either proceed to issue a credit note which can be used for another Event or validate your ticket for another similar event to be organized by The Grid in the future, provided that it is of the same value.

• If, however, the Event is merely postponed (as opposed to cancelled), then you will be offered the following options:

• the ticket in your possession shall remain valid for your participation in the postponed Event (and we will inform you of the re-scheduled date once it has been established and set); or

• you may transfer your ticket to another person, subject to you giving us reasonable advance notice of the transfer (including details of the person to whom it has been transferred) and provided that you transfer the ticket strictly up to its face value thereof. You accept and understand that, if a ticket is being transferred to you by or from another person, that ticket will remain subject to, and that as a participant you will be bound by, these Terms and all other documents referred to herein; OR

• you may use the ticket at another similar event of your choice up to (i) the end of the year in which the Event was originally planned to be held and (ii) the year after, provided that this other event is of the same value.

These shall constitute your exclusive rights and options in the event of a postponement, and Bookings will be non-refundable. You are required to inform us of your intention within five (5) days from the date of our notification to you of the Event’s postponement. If no request is received by us, then OPTION (A) shall apply by default.

• The Participant is aware and accepts that the Event is not guaranteed to take place at the time of reservation or that its date may need to be postponed or re-scheduled for any of the reasons set out in Clause 1 or Clause 12.2 or Clause 12.6

• The Participant also acknowledges and accepts that The Grid may, at its sole discretion, delay, modify (including by means of route variations or route shortening) or cancel an Event if conditions or natural or man-made emergencies make administering, holding or performing that Event unreasonably difficult or unsafe. “Emergency” includes, but is not limited to, high or volatile wind, extreme rain, storm, hurricane, tornado, earthquake, flood, terrorism, fire, epidemic, notifiable disease, public disaster, and/or unavoidable casualty. If we decide to cancel or postpone the Event, then the provisions in Clause 3 or Clause 12.4 shall (as applicable) apply.

• Bookings and tickets will not be refunded in the event of a route variation or modification, whether brought about by an Emergency or other valid reason.

13. EVENT REFUNDS, DEFERMENTS AND TRANSFERS

• We will not refund, or release you from your obligation to pay, any proportion of your Event Participation Fee once you have participated in the relevant Event. Similarly, once an Event has taken place, no refunds will be issued for any circumstances, including (but not limited to) obstacle closures, queues at obstacles, route markings (or lack of markings), illness or injury, or any other reason for general dissatisfaction. Additionally, we will not consider your request for a refund if you fail to attend or turn up for the Event without prior notice. This policy is non-discriminatory and does not take account of individual circumstances in order for fairness and clarity.

• The Participant acknowledges and accepts that the Event Participation Fee and all associated fees (including any optional product purchases and donations), are non-refundable, including in circumstances where you are unable to attend due to a scheduling conflict, unless we cancel the Event or relocate it to another country.

• If you are unable to attend the Event, then you may:

• transfer your Booking to another person, provided that we have not expressly stated otherwise by either (i) express instruction, (ii) public announcement through our website or (iii) individually, in writing, to the participants. If the transfer is permitted, the requested transfer must be emailed to us at [email protected] 14 DAYS before the date of the Event (and must include details about the person to whom your Booking is being transferred). An administration fee of €5.00 will be levied by us for the transfer and will need to be paid before the transfer is confirmed; or

• transfer your Booking to the following event next season, provided that we have not expressly stated otherwise by either (i) express instruction, (ii) public announcement through our website or (iii) individually, in writing, to the participants. If the transfer is permitted, the request must be emailed to us at [email protected] 10 DAYS before the date of the Event and, upon our receipt, we will contact you to arrange the transfer. An administration fee of €5.00 will be levied by us for the transfer and will need to be paid before the transfer is confirmed. If, however, you then fail to attend the Event to which your Booking has been transferred, you will not be allowed to further defer or transfer your Booking to another event and your Event Participation Fee will be kept by us and will not be subject to any refund.

• Where we have cancelled the Event or else relocated it to another country causing you to be unable to attend, you will have the following options: (i) either to request and obtain a refund of your Event Participation Fee, or (ii) to participate in another but comparable Event organized by us and in which case you will not be entitled to any refund. If, subject to these provisions, you request and have the right to obtain a refund from us, that refund will be limited to only the Event Participation Fee and only up to the amount which you have actually paid to us as at the date of your request.

• Refunds can take some time to process (particularly if on a mass scale) and we are under no obligation to offer refunds within any specific time frame, although we generally aim to be as efficient as possible. Refunds are generally carried out manually by our staff, and so rude, offensive or objectionable emails or other communications, or any defamatory posts or comments on any social media will not speed up the process or make a refund more likely or influence our decision in any way. Any particularly unpleasant or derogatory correspondence, or trolling, will result in no further communication from The Grid and possible blacklisting from our future Events.

• Bookings may be transferred between categories, provided that (i) there are slots still available for the requested category, (ii) the request is emailed 10 DAYS before the date of the Event to [email protected] and (iii) any additional costs (including any difference/s between the prices of the relevant categories) are paid in full by the Participant. transfer. An administration fee of €5.00 will be levied by us for the transfer and will need to be paid before the transfer is confirmed.

14. BREACH OF THESE TERMS

• This Clause 14 will apply if you (the Participant) fail to comply with these Terms, including but not limited to, where you:

• do not attend the Event and fail to give us prior notice;

• fail to complete our medical form or provide untrue or inaccurate information,

• fail to show proof of identification;

• are negligent towards your safety or that of others; or

• breach or disregard any of the event rules set out in Clause 11.

In such circumstances, you will be held to be in irremediable breach of these Terms and, without prejudice to any of The Grid’s other rights and remedies in this Agreement or at law, you will not be provided with a race pack and will not be granted the right to Participate, or allowed to Participate or (if the breach occurs during the Event) continue Participating, in the Event. We will also charge you a penalty for breach of contract, which will be an amount equal to your Event Participation Fee. The Grid will retain your Event Participation Fee as payment of the penalty charge without prejudice to our right to sue for and collect any other damages incurred due to or otherwise as a result of your actions and/or behavior. Furthermore, depending on the seriousness of the breach, we may also at our blacklist you from any or all of our future Events

• In order for the Event to be successful (both for The Grid and the participants), we require mass participation and cooperation from all participants. Accordingly, you (the Participant) acknowledge and understand that, if you act in breach of these Terms, you will have potentially put the success of the event at risk, consequently ruining it for your co-participants (including even by preventing them from being able to take part) and also causing a financial loss to be suffered by The Grid (either directly and/or indirectly). The Participant acknowledges that the duty of care is a general legal duty on all individuals to avoid carelessly causing injury to others. Each Participant has a duty to take reasonable care for his/her own health and safety and that of others who may be affected by what the Participant does or does not do. You expressly acknowledge and understand all this, and hereby and undertake that you shall:

• co-operate with The Grid on all health and safety issues;

• correctly use and handle all equipment used by yourself during the Event;

• not interfere with or misuse anything provided to you by The Grid;

• not tamper or interfere in any manner with any of the facilities or obstacles pertaining to the Event (whether before, during or after the Event);

• not attempt, or attempt to use, any of the facilities or obstacles pertaining to the Event before the actual Event (therefore, for instance, covert trial runs or mock runs of the Event’s obstacle course are prohibited); and

• immediately inform the course personnel of any accidents or incidents that occur, or which you became aware of, during the Event.

• It is also your sole responsibility to retain your race number and wristband throughout the full duration of the Event and return the same to us after the Event’s completion.

• You acknowledge and accept that we may prohibit or stop anyone from participating in any given Event and/or immediately remove or eject anyone from an Event if we believe that such person has disobeyed any applicable rules, regulations, directions, instructions, decisions, or laws; or whose behavior endangers safety or negatively affects that person, any other person, facility, or property of any type or kind.

PART III: GENERAL

15. DATA PROTECTION

• The Participant should refer to the Grid’s Privacy Policy for information on how The Grid collects, uses and shares his or her personal information.

16. IMAGE RIGHTS

• The Participant accepts and understands that any and all photographs, motion pictures, recordings (including video recordings) and images of the Participant captured during an Event by, or on behalf of, The Grid (including as an incidental inclusion), and the relevant media on which the same is captured, shall (together with their respective intellectual property rights) be the sole and exclusive property of The Grid (collectively, the “Materials”). The Participant hereby waives in full any right which it may have to inspect or approve the Materials.

• We shall not be under any obligation to include or capture you, the Participant, in any photographs or recordings of the Event, or to publicize or use any photographs or recordings which you appear or feature in.

17. PERSONAL FILM

• The Participant may take photographs and film footage of his/her participation in the Event, subject to such photographs and footage only being used for non-commercial purposes (that is for personal and private use only). The Participant is not permitted to reproduce or use photographs or footage of the Event, or any Materials or any branding of The Grid, on any website or in any printed or digital media or in any other medium or material whatsoever without first obtaining the prior written consent of the Grid.

18. MISCELLANEOUS

• IP Ownership. All copyright and other intellectual property rights in all content and other materials contained or provided in connection with an Event, or which otherwise result from the organization or conduct of the Event, including, without limitation, logos and all designs, text, graphics, pictures, information, documents, reports data, software, sound files, other files and the selection and arrangement thereof (collectively, “Our Materials”) are the proprietary property of The Grid or their licensors, sponsors or suppliers and are protected by Maltese and international copyright laws and other intellectual property rights laws. All such rights are reserved in full by The Grid and its licensors, sponsors and suppliers.

• Third-Party Content. In applying for a Booking (including via our website) or using our website or otherwise communicating or interacting with us, the Participant may view content provided by third parties, including links to web pages of such parties (which may include operators of third-party services), including but not limited to social media platforms such as Facebook, Twitter, Instagram or YouTube links (the “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.

• We reserve the right to, at our discretion, change, modify, add, or remove any provisions or portions of these Terms at any time by posting the amended Terms on our website. Amended Terms shall generally apply prospectively and will not apply to Bookings made prior to the publication of those Amended Terms on our website, except and unless the amendments are required in order to comply with applicable law or regulation (in which case, the amended Terms shall automatically apply to all Bookings for Events that have not yet taken place, without exception).

• Complaints. Any complaint or other communication to be given by you in connection with these Terms must made in writing and sent by electronic mail to the following:

• [email protected].

The Participant acknowledges and accepts that The Grid may provide notices or updates about Events by means of public announcements on its website, and undertakes to monitor its website regularly.

• Assignment. These Terms are personal to you. You shall not assign, transfer, dispose of or grant to security over any of your rights or obligations under these Terms without our prior consent (and where we do provide our consent, you shall make the relevant person aware of these Terms and their application).The Grid may assign or transfer any of its rights or obligations under these Terms or delegate all or any of its functions under these Terms to a third party without the Participant’s prior consent provided that the Participant is given notice of any such assignment.

• Reselling. Subject to our prior approval and these Terms, you may resell your ticket to another person, provided that (i) you make that person aware of these Terms and their application and that the ticket is and will remain subject to them, and (ii) inform The Grid about the transfer (including details on the transferee). You accept full responsibility for any statements which you make that depart from or are otherwise inconsistent with this clause (including all consequences that arise from the same), and accept and understand that it is a condition of being allowed to resell your ticket, and also your express duty to us, to inform the person to whom your ticket is being transferred that these Terms will apply to him or her.

• Subcontracting. The Grid shall be entitled to subcontract or outsource any aspects of the Event to any third party, without need for any prior notice or consent.

• No failure or delay by either Party in exercising any rights, power or legal remedy available to it herein shall operate as a waiver thereof.

• Severance. If any provision in these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision, to the extent required, shall be deemed not to form part of these Terms, and the validity and enforceability of the other provisions in these Terms shall not be affected.

19. APPLICABLE LAW AND JURISDICTION

• These Terms, including all documents incorporated by reference in them, shall be governed by and construed in accordance with the laws of Malta.

• Disputes arising from these Terms, or any other aspect of the Agreement, shall be resolved by competent courts of the country where the Participant is located. You may also refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile, which in Malta is the following:

Complaints and Conciliation Directorate

Malta Competition and Consumer Affairs Authority
Mizzi House
National Road
Blata l-Bajda

Telephone: +356 2395 2000

Website: https://mccaa.org.mt/Section/Content?contentId=1193.

Address for the service of any notices can be made:

The Grid Events – International House, Mdina Road, Mriehel, Birkirkara, Malta or via email on Info@the gridmalta.com

 

Acknowledgment of Understanding

I HAVE READ THESE TERMS AND FULLY UNDERSTAND THEIR CONTENTS. I FURTHER ACKNOWLEDGE THAT I AM AGREEING TO BE BOUND BY THESE TERMS FREELY AND VOLUNTARILY