MONDATO LLC DELEGATE AND VIP PASSES & SUMMIT AWARDS –

  TERMS AND CONDITIONS

 

These terms and conditions (the “T&Cs”) apply to individuals (“Customers”) who purchase delegate passes for Mondato Summit events (“Delegate Passes”) or VIP Passes (as defined in Clause 17) via this website or by other means, including by bank transfer or payment by check.   Relevant parts of these T&Cs also apply to persons who accept Complimentary Passes or Media Partner Passes (as defined in Clause 17) to the Mondato Summit (as defined in Clause 1) below as well as those persons/ companies (the “Award Submitters”) who submit entries to the Mondato Summit awards (the “Awards”).

 

1.   Definitions

 

The following terms, when capitalized, will have the following meanings in these T&Cs:

"Business Day" means a day, other than a Saturday, Sunday or a District of Columbia bank holiday, when banks in the District of Columbia are open for business to the public.

"Credit Card Account" is a credit card account related to the VISA credit card, MasterCard credit card or any other credit card issued by an authorized financial institution that a Consumer authorizes Mondato (and any party authorized by Mondato) to charge against in order to pay for Delegate and/ or VIP Passes. Mondato, in its sole discretion, may determine, from time to time, which types of credit cards it accepts as payment methods for Delegate and/ or VIP Passes. 

"Debit Card Account" is a debit card account issued by an authorized credit institution that a Consumer authorizes Mondato (and any party authorized by Mondato) to debit in order to pay for Delegate and/ or VIP Passes. Mondato, in its sole discretion, may determine, from time to time, which types of debit cards it accepts as payment methods for Delegate and/ or VIP Passes.

“Mondato” refers to Mondato LLC of 15 Loockerman Street, Dover, Delaware.

“Mondato Summit” refers to a conference series organized by Mondato, further details that may be found here: http://www.mondatosummit.comhttp://www.mondatosummit.com.

"Service Provider" is any company or companies engaged by Mondato or its contractors to provide services in connection with Delegate and/ or VIP Passes. 

“Sales Tax” refers to a sales tax that may be charged to a Consumer in regards to a Delegate and/ or VIP Pass, if applicable.

"Website" refers to the website available at http://www.mondatosummit.comhttp://www.mondatosummit.com.

 

2.  Interpretation Generally

 

In these T&Cs:

(i)    words denoting the singular include the plural and vice versa;

(ii)  in construing these T&Cs general words introduced by the word “other” shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things and general words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words and any reference to the word “include” or “including” is to be construed without limitation;

(iii) any reference to a person includes his/her successors, personal representatives and permitted assigns; an

(iv) if any action or duty to be taken or performed under any of the provisions of these T&Cs would fall to be taken or performed on a day which is not a Business Day such action or duty shall be taken or performed on the Business Day next following such day.

 

3.    Provision of Delegate, VIP, COMPLIMENTARY AND MEDIA PARTNER Passes

 

Mondato will provide the Consumer with Delegate, VIP, Complimentary and/ or Media Partner Passes upon the terms of these T&Cs.

 

4.    EligibILITY to Purchase Passes

 

 In order to purchase Delegate and/ or VIP Passes via the Website,

(i)             the Consumer must provide information requested (as set out in the Mondato Summit Privacy Policy) and have a valid and active e-mail address

(ii)           the Consumer must have a valid Credit Card Account and/or Debit Card Account and must be authorized to use this Credit Card Account and/or Debit Card Account; and

(iii)          the Consumer must be at least 18 years of age.

 

A Consumer, whether or not he/she is purchasing Delegate and/ or VIP Passes via the Website or other means, may not be resident in any country against which the United States has currently imposed a trade embargo. The Consumer must have full authorization to conclude the purchase of Delegate and/ or VIP Passes. Other restrictions may apply.

 

5.    Provision and Verification of Information

 

Mondato obtains, verifies, and records information that identifies each Consumer. The details regarding this information are found in the Mondato Summit Privacy Policy.

As part of the purchase of the Delegate and/ or VIP Passes, personally identifiable information about the Consumer will be required, such as a name and an e-mail address that will help Mondato to identify the Consumer.

 

6.    Paying for Delegate and/ or VIP Passes

A. Pass Price

For each sale of Delegate and/ or VIP Passes, a relevant pass price (“Pass Price”) will be indicated prior to purchase on the Website or on any relevant marketing literature. This Pass Price is exclusive of any applicable sales tax or other taxes. Sales Tax is charged where applicable. The Consumer acknowledges that he/she is to pay Sales Tax and any taxes or similar applicable charges associated with his/her purchase and assume all risks, liabilities or responsibilities in connection with said statutory payments and/or any variation in the rates thereof.

The Pass Price is charged in accordance with the currency specified by Mondato. The Customer acknowledges that he/she is to assume all risks, liabilities or responsibilities associated with any fluctuations in exchange rates.

The Pass Price may be changed by Mondato at any time. However, Mondato will never change a Pass Price so as to affect the Pass Price charged to the Consumer at time of purchase.

 

B. Payment Authorization

To initiate payment for each Delegate and/ or VIP Pass via the Website, the Consumer will be directed to Stripe, Inc. a secure, third party website for payment, which is processing Mondato’s Credit Card and Debit Card transactions. The terms and conditions and privacy policy of Stripe where relevant will apply to the actual payment process. Mondato will provide Stripe the data inputted by the Customer in his/her purchase request, and the Customer hereby expressly consents to Mondato disclosing such information to Stripe. Further, Stripe may collect information directly from Customer via cookies or other means. The Customer hereby expressly consents to Stripe collecting, using, retaining and disclosing this information

Alternatively, the Customer may purchase Delegate and/ or VIP Passes by making a wire transfer of the Pass Price and any relevant Sales Taxes to Mondato’s bank account as indicated on the relevant invoice .

The Consumer also hereby authorizes Stripe to debit from his/her Debit Card Account or charge against his/her Credit Card Account the Pass Price and relevant Sales Tax. Whether the purchase is made by debit of a Debit Card Account or by a charge on a Credit Card Account, the funds or credit, as applicable, must be available in the Debit Card or Credit Card Account. If paying by Credit Card Account, the Credit Card Account will be charged as soon as the Customer’s payment details are entered on the Website for purchase of the Delegate and/ or VIP Passes and the Customer confirms and approves the transaction. If paying by Debit Card Account, the Debit Card Account will be debited as soon as the Customer’s payment details are entered for purchase of the Delegate and/ or VIP Passes on the Website and the Customer confirms and approves the transaction.

The Customer will receive a receipt at the conclusion of the transaction.

 

7.   Accessing the Mondato Summit 

An order code will be provided to the Consumer in the e-mailed transaction receipt following the purchase of the Delegate and/ or VIP Passes. A Consumer who wishes to attend the Mondato Summit after purchasing a Delegate and/ or VIP Pass is required to provide this order code (or copy of an emailed transaction receipt) and his/ her name at the entrance of the relevant Mondato Summit in order to obtain access to that relevant Mondato Summit.

Complimentary Pass Holders and Media Partner Pass Holders will be placed on a list following the acceptance of the VIP Pass and Complimentary Pass or Media Partner Pass and both Complimentary Pass Holders and Media Partner Pass Holders are required to identify themselves at the entrance of the relevant Mondato Summit in order to obtain access to that relevant Mondato Summit.

 

8.    Consumer’s Obligation to Provide Complete and Accurate Information

The Consumer represents and warrants that all information he/she has provided to Mondato, including but not limited to all data entered in connection with any purchase and all payment information, will be complete, accurate and up to date at all times. Mondato is entitled to rely on any information the Consumer provides and the Consumer agrees to update his/her information if it changes by sending an email to contact@mondato.com.contact@mondato.com. The Consumer acknowledges that if, for any reason, the information provided by him/her is inaccurate, invalid or incorrect, Mondato shall, nonetheless, be entitled to continue to charge/debit the relevant Credit Card or Debit Card and that the Consumer shall be responsible for any outstanding, uncollected amounts as well as all charges and expenses incurred as a result of said charge/debit.

Mondato also reserves the right to take steps to verify the information provided by the Consumer, although it is not required to do so. If Mondato is unable to verify the information provided by the Consumer, a Delegate and/ or VIP Pass may not be issued. IF A CONSUMER PROVIDES FALSE INFORMATION, THE PURCHASE MAY BE CANCELLED. IN ADDITION, HE/SHE MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES. 

 

9.    Cost of Collection and Credit Card Chargebacks

The Consumer undertakes to indemnify Mondato for all reasonable costs and expense incurred by it in its efforts to collect any unpaid or past due amounts, including, but not limited to, reasonable attorneys' fees and other associated costs. Delinquent payments shall bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the due date for payment and until payment is received by Mondato in full. In addition, the Consumer acknowledges and agrees that in case he/she purchases Delegate and/or VIP Passes with a Credit Card and then subsequently requests his/her Credit Card issuer to reverse the payment for such Delegate and/ or VIP Passes, then Mondato shall be entitled to invalidate the Delegate and/ or VIP Passes until such time as the Consumer reimburses Mondato the amount of the fees Mondato is charged by the Credit Card issuer for such a chargeback.

 

10. Refunds

Subject to applicable law, please see Clause 17D for further details regarding refunds.

Mondato reserves the right to refuse any request for refund if it reasonably believes that the Consumer is in breach of any of these or other terms and conditions applicable to the use of Delegate and/ or VIP Passes or he/she is willfully trying to exploit this refund policy. If the Consumer believes that Mondato has mischarged or mis-debited him/her, he/she may contact Mondato at contact@mondato.comcontact@mondato.com within 60 days of said charge/debit, and Mondato will check the inquiry. No refunds shall be given for any charges after the passage of 60 days.

 

11. Consumer Liability

 

The Consumer agrees to review and verify regularly and promptly all disclosures and respective debits for payment thereof from his/her Debit Card Account and charges against his/her Credit Card, on the statements the Consumer receives from the financial institution holding his/her Debit Card Account or issuing his/her Credit Card.

The Consumer must contact Mondato AT ONCE by sending an email to contact@mondato.com if he/she believes if any debit of his/her Debit Card Account and/or any charge to his/her Credit Card has been made relating to the purchasing of Delegate and/ or VIP Passes that is erroneous or unauthorized.  

If the Consumer informs Mondato within four Business Days of becoming aware of (i) the unauthorized or erroneous debiting of his/her Debit Card Account, and/or (ii) the unauthorized or erroneous charging of his/her Credit Card Account, Mondato will refund the Consumer for any further Delegate and/ or VIP Passes purchased with that Debit Card or Credit Card. The Consumer remains liable for all losses suffered prior to notification to Mondato of such a loss, theft or unauthorized or erroneous use, debiting, and/or charging. If Mondato is not notified by the Consumer of such a loss, theft or unauthorized or erroneous use, debiting, charging and/or transfer within the four Business Days period indicated above, then Mondato is not liable for any losses suffered by the Consumer. This provision does not cover any losses suffered by the Consumer due to any fraud committed by any Mondato employee.

 

12. Customer Support

 

Mondato will provide the Consumer with customer service via email at contact@mondato.comcontact@mondato.com to resolve any issues relating to his/her purchase of Delegate and/ or VIP Passes and the processing of Credit Cards or Debit Cards.

 

13.  Modification in Terms Notice

 

In the future, we may change these T&Cs; we will post changes on this URL and note the effective date so that you are always aware of the current T&Cs that apply to your purchase of Delegate and/ or VIP Passes, your obtainment of Complimentary and/ or Media Partner Passes and/or your Award Submission.  These T&Cs were last updated on April 21, 2016.

 

14.  Termination

 

Mondato may, without notice (except as required by law) and without liability to the Consumer, refuse to honor any instruction for the purchase of a Delegate and/ or VIP Pass at any time if: (a) the Consumer attempts to charge/debit funds from a Debit Card Account or Credit Card Account that does not belong to the Consumer or from a Debit Card Account which does not have sufficient available funds, or if the Consumer is paying by Credit Card, there is an insufficient available line of credit; (b) the Consumer’s financial institution attempts to charge back or reverse a purchase of a Delegate and/ or VIP Pass on the basis of a dispute related to a purchase; (c) the Consumer provides incorrect or false information about him/herself, his/her Debit Card Account or Credit Card Account; (d) the Consumer attempts to tamper, hack, modify or otherwise corrupt the security or functionality of the Website; (e) Mondato receives conflicting claims regarding ownership of, or the right to withdraw funds from, a Debit Card Account or Credit Card Account; (f) the Consumer has breached a term or condition of these T&Cs, or any representation or warranty that the Consumer makes under these T&Cs is false; or (g) Mondato believes that any Delegate and/ or VIP Pass purchase may be fraudulent or impermissible, violates any applicable law, rule or regulation or otherwise exposes the Consumer or Mondato to risk of loss.

 

15.  Indemnification

 

The Consumer agrees to indemnify and hold Mondato, its parent, its affiliates, its licensors, its suppliers, and each of their directors, officers, agents, contractors, partners, employees, licensors, and suppliers harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with his/her attendance at a Mondato Summit event, his/her Award Submission, his/her conduct in connection with a Mondato Summit and/ or an Award Submission, or any violation of these T&Cs or of any law or the rights of any third party.

 

16. Use of Information and Disclosure to Others

 

The Consumer agrees that any information about the Consumer, his/her Delegate and/ or VIP Pass, his/her Debit Card Account and/or Credit Card Account, that the Consumer provides or that Mondato otherwise receives in connection with Delegate and/ or VIP Pass may be provided to any party designated by Mondato to perform its obligations under these T&Cs, Mondato's Service Providers and parties working with those Service Providers in accordance with the Mondato Summit Privacy Policy and as allowed by law.

In particular, Mondato may share such information with third party Service Providers including financial institutions and other independent contractors that Mondato partners with that allow the Consumer to purchase Delegate and/ or VIP Passes, including Stripe, Inc., which is processing Mondato’s Credit Card and Debit Card transactions. In this case Mondato will only provide the data inputted by the Consumer in his/her purchase request to Stripe or any other third party provider, and the Consumer hereby expressly consents to Mondato to disclose such information to Stripe or any other third party provider. Further, Stripe or a third party provider may collect Information directly from Consumers via cookies or other means. The Consumer hereby expressly consents to Stripe or a third party provider collecting, using, retaining and disclosing this information. This data will be held by Stripe or any other third party provider only for the purpose of affecting the purchase as set out in Stripe’s or that third party provider's privacy policy.

 

17.  Specific Provisions for Delegate, VIP, Complimentary and Media Partner Passes

 

A. Definitions and Interpretation

In this Section, the following terms have the following meanings:

Client” means the person, firm, company or entity who has purchased the Delegate and/ or VIP Pass(es) or has received a free complimentary pass (the “Complimentary Pass Holder”) or media partner pass (“Media Partner Pass Holder”);

Complimentary Pass” means a pass to the Event provided to certain specific persons without payment; the issuance of Complimentary Passes is at the discretion of Mondato;

Conditions” means these terms and conditions;   

Event” means the Mondato Summit, as set out in Clause 1;   

Event Website” means www.mondatosummit.com.

Force Majeure Event” means any event arising that is beyond the reasonable control of Mondato (including but not limited to participant cancellation or withdrawal, contractor or supplier failure, venue damage or cancellation, industrial dispute, governmental regulations or action, military action, fire, flood, disaster, civil riot, acts of terrorism or war);

Media Partner Pass” means a pass to the Event provided without payment to specific persons representing the media; the issuance of Media Partner Passes is at the discretion of Mondato;

“No Show Fee” means a fee that Mondato may charge Complimentary Pass Holders if they do not present themselves at the Event;

Owners” means the owners and/or management of the Venue;   

Pass Fees” means the Pass Price plus any relevant Sales Tax;

“Representatives” means the employees, agents, sub-contractors and other representatives of a party;    

 “Venue” means the venue at which the Event is held, as initially set out on the Event Website; and

 “VIP Pass” means a discounted pass that is offered to certain category of individuals for purchase; the individuals who qualify for a VIP Pass are at the discretion of Mondato. Mondato may at its discretion waive the purchase fee in certain circumstances; and

 “Venue” means the venue at which the Event is held, as initially set out on the Event Website.

  

B. Client’s General Obligations

 

The Client shall comply with all laws or regulations or guidelines of any competent authority and any terms and conditions or reasonable instructions or directions issued by Mondato or the Owners (including, without limitation, in relation to health and safety and security requirements).

The Client warrants that it has the right, title and authority (including, without limitation, that it has the necessary licenses) to purchase the Delegate and/ or VIP Pass.

The Client and its Representatives must, at all times, conduct themselves in an orderly manner and must not act in any manner which causes offence, annoyance or inconvenience to the sponsors, the Owner, Mondato or any visitors/delegates to the Event.

The Client is required to be adequately insured to participate in the Event. The Client shall itself take out and maintain at all times both public liability and employee liability insurance against personal injury, death and damage to or loss of property for not less than £2,000,000 or US dollar equivalent as at time of the Event per occurrence or claim.  Mondato shall be entitled to inspect the Client’s insurance policy on request.

The Client is solely responsible for obtaining passports, visas and other necessary documentation for entrance into the country where the Event is held.   If the Client cannot attend the Event due to a failure to obtain such documentation, the Pass Fees shall remain payable in full and will not be refunded

The Client consents to its details (including, without limitation, its name or any other material or information supplied to Mondato by the Client) being provided to the Event sponsors.

The Client shall not (and shall procure that its Representatives shall not) do or permit anything to be done that which might adversely affect the reputation or brand of Mondato, the Owners or the Event or make any statement that is defamatory, disparaging or derogatory to Mondato, the Owners or the Event.

The Client shall not (and shall procure that its Representatives shall not) cause or permit any damage to the Venue or any part thereof or to any fixtures or fittings which are not the property of the Client.

All unauthorised photography and the recording or transmitting of audio or visual material, data or information is expressly prohibited. The Client consents to the filming, sound recording and photography of the Event, which may include the Client’s Representatives, and the Client consents to the use by Mondato of any such filming, sound recording or photography anywhere in the world for promotional, marketing and other purposes.

 

C. Special Provisions concerning Complimentary Passes

 

Mondato reserves the right to charge a Complimentary Pass Holder a No Show Fee if he/she does not inform Mondato in writing, up to 30 days prior to the Event, that he/she is cancelling his/her attendance at the Event. This No Show Fee may be up to the equivalent of 25% of the Delegate Pass Price to the given Event, and, if charged at Mondato’s discretion, will be invoiced to the Complimentary Pass Holder within 7 days after the holding of the Event. The Complimentary Pass Holder agrees to pay any such No Show Fee with 15 days of receipt of the invoice, as such a charge would be a fair assessment of the damage his/her absence at the Event would cause to Mondato. This Clause does not apply if the Complementary Pass Holder is prevented from attending due to a Force Majeure Event (as defined in in 17A) or if he/she can provide written proof of an illness or an accident that prevented his/her attendance at the Event. 

 

D. Changes to the Event and Cancellation 

 

Mondato reserves the right at any time and for any reason to change the format, content, venue and timings of the Event (including, without limitation, any installation and dismantling periods) without liability.

Without prejudice to Clause 17 F below, Mondato reserves the right to change the date of the Event or cancel the Event at any time and for any reason and, thereafter, the following conditions (as applicable) shall apply:

  1. In the event that the date of the Event is changed or where the Event is cancelled for the current year but is reasonably expected to be held in the following year, these T&Cs will continue in full force and effect and the obligations of the parties shall be deemed to apply to the Event on the new date (or the Event in the following year as the case may be) in the same way that they would have applied to the original Event.
  2. Where the Event is cancelled and is not reasonably expected by Mondato to be held in the following year, Mondato will refund, without liability, the Pass Fees, minus any credit or debit card processing fee.

To the fullest extent permitted by law, Mondato shall not be liable to the Client for any loss, delay, damage or other liability incurred resulting from or arising in connection with the changing of the date of the Event or the cancellation of the Event, howsoever arising.   The Client acknowledges that provisions of this Clause set out the Client’s sole remedy in the event of the changing of the date of the Event or the cancellation of the Event by Mondato and all other liability of Mondato is hereby expressly excluded.

 

E. Liability and Indemnity 

 

Mondato nor its parent or any affiliates do not make any warranty as to the Event in general and in particular in relation to: (i) the presence or absence or location of any sponsor or potential sponsor; or (ii) the benefit or outcome (commercial or otherwise) that the Client may achieve as a result of attending the Event. Except as set out in these Conditions, to the fullest extent permitted by law, Mondato excludes all conditions, terms, representations and warranties relating to the Event, whether imposed by statute or by the operation of law or otherwise, that are not expressly stated herein. 

Neither Mondato nor its parent or any affiliates shall be liable to the Client for any loss or damage suffered or incurred by the Client in connection with the provision of (or failure wholly or partly of) any services or goods provided by third parties in connection with the Event, including, without limitation, in relation to the provision of utilities, freight shipment, work undertaken by third party contractors (whether or not Mondato sub-contractors) and services provided by the Venue owners.

From time to time, Mondato, the Owners and each of their Representatives may enter the Venue at any time to carry out works, repairs or alterations or for any other purposes which they deem necessary (“Works”).   To the fullest extent permitted by law, Mondato, the Owners and each of their Representatives shall not be liable for any damage, loss or inconvenience, howsoever arising, and suffered by the Client and/or its Representatives by reason of any act or omission relating to the Works.

Neither Mondato nor its parent or any affiliates shall be liable for any actual or alleged indirect loss or consequential loss howsoever arising suffered by the Client including but not limited to loss of profits, anticipated profits, savings, loss of business revenue, loss of business, loss of opportunity, loss of goodwill, or any other type of economic loss.

Neither Mondato nor its parent or any affiliates shall have any responsibility or liability for any loss (or theft) of or damage to the person, property and effects of the Client or its Representatives; and Mondato’s maximum aggregate liability to the Client in connection with the Event shall be limited to the total amount of the Pass Fees.

The Client shall indemnify Mondato and keep Mondato fully and effectively indemnified against any loss of or damage to any property or injury to or death of any person caused by any act or omission of the Client, its Representatives or its invitees.   

Nothing in these Conditions shall exclude or limit liability which cannot be excluded by the applicable law.

 

F. General

 

Without prejudice to 17 D above, if, by reason of any Force Majeure Event Mondato is delayed in or prevented from performing any of its obligations under these T&Cs, then such delay or non-performance shall not be deemed to be a breach of the T&Cs and no loss or damage shall be claimed by the Clientby reason thereof. For avoidance of doubt, nothing in this Clause shall excuse the Client from the payment of the Pass Fees, if applicable.

Mondato reserves the right to refuse any person entry to the Event or to remove any person from the Event at any time.

 

18.  Specific Provisions for Award Entries to Mondato Summit

 

A.    Definitions and Interpretation

 

In this Section, the following terms have the following meanings:

Award Entries” means the entries submitted by an Award Submitter via a link provided by Mondato.;

Award Webpage” means the relevant page of the Mondato Summit Website that contains information concerning the Awards.;

Mondato Summit Awards” means the awards that will be held during the relevant Mondato Summits.; and

Mondato Summit Website” means www.mondatosummit.com. 

  

B. Purpose of Awards & Eligibility

 

The purpose of Mondato Summit Awards is to reward the most innovative and successful products, services and companies in mobile financial services in each region where a Mondato Summit will be held. The competition is open to all Mondato Summit sponsors as well as all industry professionals worldwide who wish to enter their products or services in the categories as set out on the Award Webpage for each Mondato Summit. There is no obligation to purchase either a sponsorship or a Delegate and/ or VIP Pass to any Mondato Summit in order to be eligible to submit an Award Entry.

The Award Webpage for each Mondato Summit may also set out specific criteria relating to the type of technology, product, equipment or service that may be eligible for entry and/ or other eligibility conditions. These eligibility conditions are set at Mondato’s sole discretion.  

 

C. Time Schedule & Entry Terms 

 

The date the competition commences and the deadline for Award Entries for each Mondato Summit will be set out on the relevant Awards Webpage. All Award Submitters must submit their Award Entries by the deadline date indicated thereon.   

Award Submitters may submit one or more Award Entries per Mondato Summit. Any Award Submitter that submits more than one Award Entry must complete one application form for each Award Entry. Each Award Entry can only be submitted in one category. Award Submitters that have received an Award at a Mondato Summit in the previous years cannot present the winning product/application in any following years.

Upon submission, the Award Entry will be reviewed by Mondato and if found complete and eligible, the Award Submitter will receive an acknowledgment confirming that his/her Award Entry has been registered.   Mondato will automatically reject any incomplete entry form. 

 

D. Judging Procedure

 

The judges are appointed at Mondato’s discretion, and their profiles will be available for consultation on the relevant Award Webpage. The judges may request Award Submitters to provide additional information. Any refusal or tardy response to a request for additional information will result in the Award Entry being disqualified. All the judges' decisions shall be final and no appeals against the decisions may be made. The judges shall not be required to give their reasons for rejecting an Award Entry. 

Award Submitters must undertake to provide only true and accurate information to the judges and Mondato in the Award Entry. Award Submitters agree to make all necessary disclosures. In the event of a failure to comply with these requirements, the judges and/ or Mondato reserve the right to withdraw the Award already granted and to inform the media of the reasons for such withdrawal.

 

E. Shortlisting of Award Entries

 

All Award Entries that have been shortlisted (the “Shortlisted Entries”) will be informed of this decision by the deadline indicated on the relevant Award Webpage.   The Shortlisted Entries will also be officially announced on the relevant Award Webpage. Once an Award Submitter has been duly informed that his/her Award Entry has been shortlisted and the Shortlisted Entries have been published on the relevant Award Webpage, the Shortlisted Entry may not be withdrawn for any reason whatsoever. The winner of the Award will be officially announced on the date indicated on the relevant Award Webpage.

All Award Submitters whose Award Entries are shortlisted will be given one Complimentary Pass to the relevant Mondato Summit. The terms and conditions in Clause 17 therefore apply to these Award Submitters. Further, each Shortlisted Entry will be showcased on the relevant Award Webpage, in printed event literature to be distributed at the relevant Mondato Summit and in a special edition of the Mondato newsletter to be published subsequent to the relevant Mondato Summit. Each Award Submitter whose Award Entry is shortlisted will also be required to address the relevant Mondato Summit audience and judges in a 5 minute presentation at the relevant Mondato Summit. If the Award Submitter whose Award Entry is shortlisted does not undertake this 5 minute presentation at the relevant Mondato Summit, he/she will be disqualified from the Award.      

All Award Submitters whose Award Entries are shortlisted must provide Mondato with a company/ product profile of no more than 350 characters, one digital image and one company logo in high resolution within the deadline indicated to them in the email informing them of their shortlisted status.

 

F. Intellectual Property Rights

 

Each Award Submitter is responsible for ensuring that his/her intellectual property rights have been protected and that the corresponding patents have been filed, if relevant.

Mondato disclaims all liability for any commercial or non-commercial use which may be made of Award Entries submitted in the context of this competition that could constitute a violation of the Award Submitter’s rights.

Each Award Submitter whose Award Entry is shortlisted hereby grants Mondato permission to use the brand names of the products/services presented, as well as their descriptions and images, and any company logos, in any marketing material linked to the operation and promotion of the relevant Mondato Summit, on all materials: paper, magnetic, optical, digital, computer, electronic, film, video tapes, CD or any other material known or unknown as of today, present or future.

 

G. Liability and Indemnity

 

Mondato reserves the right to shorten, extend, postpone, or cancel the Awards for any reason. Although Mondato is required to notify the Award Submitters of any such change, it shall not be legally liable for failure to do so.

To the fullest extent permitted by law, Mondato shall not be liable to the Award Submitter for any loss, delay, damage or other liability incurred resulting from or arising in connection with the shortening, extension, postponement, or the cancellation of the Awards howsoever arising.   The Award Submitter acknowledges that provisions of this Clause set out the Award Submitter’s sole remedy in the event of the shortening, extension, postponement or the cancellation of the Awards by Mondato and all other liability of Mondato is hereby expressly excluded. 

Mondato nor its parent or any affiliates do not make any warranty as to the Awards in general and in particular in relation to the benefit or outcome (commercial or otherwise) that the Award Submitter may achieve as a result of submitting an Award Entry. Except as set out in these Conditions, to the fullest extent permitted by law, Mondato excludes all conditions, terms, representations and warranties relating to the Awards, whether imposed by statute or by the operation of law or otherwise, that are not expressly stated herein.

Neither Mondato nor its parent or any affiliates shall be liable for any actual or alleged indirect loss or consequential loss howsoever arising suffered by the Award Submitter including but not limited to loss of profits, anticipated profits, savings, loss of business revenue, loss of business, loss of opportunity, loss of goodwill, or any other type of economic loss.

Nothing in these Conditions shall exclude or limit liability which cannot be excluded by the applicable law .

 

H. Use of Information and Disclosure to Others

 

The Award Submitters agrees that any information concerning the Award Entry that the Award Submitter provides or that Mondato otherwise receives in connection with Awards may be provided to the judges, any party designated by Mondato to perform its obligations under these T&Cs, Mondato's Service Providers and parties working with those Service Providers in accordance with the Mondato Privacy Policy and as allowed by law.  

Any trade or advertising reference to an Award received in the competition must specify the exact name of such Award, the year in which it was given, and the nature of the winning Entry .

 

I. Other Award Submitter Obligations

 

The Award Submitter shall comply with all laws or regulations or guidelines of any competent authority and any terms and conditions or reasonable instructions or directions issued by Mondato.

The Award Submitter warrants that it has the right, title and authority (including, without limitation, that it has the necessary licenses) to submit the Award Entry.  

The Award Submitter consents to its details (including, without limitation, its name or any other material or information supplied to Mondato by the Award Submitter) being provided to the Mondato Summit sponsors .

 

19. Assignment

 

The Consumer, the Complimentary Pass Holder, the Media Partner Pass Holder and/ or the Award Submitter may not assign these T&Cs to any other party. Mondato may assign these T&Cs or delegate certain of its rights and responsibilities under these T&Cs to third parties without notice to the Consumer, the Complimentary Pass Holder, the Media Partner Pass Holder and/ or the Award Submitter.

 

20. Miscellaneous

 

These T&Cs constitutes the entire agreement between the Consumer, the Complimentary Pass Holder, the Media Partner Pass Holder and/ or the Award Submitter and Mondato regarding Delegate Passes, the VIP Passes, the Complimentary Passes, the Media Partner Passes, and/ or the Awards and supersedes any prior agreements between the Consumer, the Complimentary Pass Holder and/ or the Award Submitter and Mondato to the extent that they might otherwise apply to Delegate Passes, the VIP Passes, the Complimentary Passes, the Media Partner Passes, and/ or the Awards. 

If any provision of these T&Cs is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these T&Cs and shall not affect the validity and enforceability of any remaining provisions .

These T&Cs and the relationship between the Consumer, the Complimentary Pass Holder, the Media Partner Pass Holder and/ or the Award Submitter and Mondato shall be governed by and construed in accordance with the laws of the District of Columbia without regard to its conflict of law provisions.

The Consumer, the Complimentary Pass Holder, the Media Partner Pass Holder and/ or the Award Submitter agrees that the courts of the District of Columbia shall have exclusive jurisdiction to hear and determine any suit, action or proceedings that may arise out of or in connection with these T&Cs and for such purposes irrevocably submits to the jurisdiction of such courts.

The Consumer, the Complimentary Pass Holder, the Media Partner Pass Holder and/ or the Award Submitter agrees that to the extent any statute or law to the contrary may be modified hereby, any claim or cause of action arising out of or related to Delegate Passes, the VIP Passes, the Complimentary Passes, the Media Partner Passes, the Awards or these T&Cs must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.

No waiver by Mondato of any breach or default by the Consumer, the Complimentary Pass Holder, the Media Partner Pass Holder and/ or the Award Submitter under these T&Cs shall be deemed to be a waiver of any preceding or subsequent breach or default.

No provision of these T&Cs provides any person or entity not a party to these T&Cs with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third party beneficiary rights.