4YFN 2020 Barcelona Attendee Terms & Conditions

GSMA 4FYN EVENT MANAGEMENT, S.L., A WHOLLY OWNED SUBSIDIARY OF GSMA LTD., WELCOMES YOU TO 4YFN AT MWC BARCELONA 2020 (THE “EVENT”). GSMA 4YFN EVENT MANAGEMENT S.L. AND ITS AFFILIATES (TOGETHER “GSMA”) PROVIDE THE EVENT TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY OR PERSON ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE ATTENDEE TERMS & CONDITIONS (“TERMS”). THESE TERMS ARE ENTERED INTO BY AND BETWEEN GSMA AND YOU, AND YOU ACCEPT THEM AND AGREE TO BE BOUND BY THEM BY: (I) SIGNING UP FOR AN ACCOUNT ON THIS WEBSITE; (II) REGISTERING FOR THE EVENT VIA THIS WEBSITE; (III) ACCEPTING AN INVITATION TO THE EVENT; (IV) CONSENTING TO A THIRD PARTY REGISTERING YOU FOR THE EVENT; (V) ORDERING OTHER GOODS OR SERVICES VIA THIS WEBSITE; (VI) USING THIS WEBSITE; or (VII) ATTENDING THE EVENT ((I) THROUGH (VII) COLLECTIVELY, THE “REGISTRATION ACTIVITIES”).

Description of Services

The Event will take place 24 February to 26 February 2020 in Barcelona, Spain. This website provides access to an account, registration and other services for the Event, including but not limited to information regarding promotional, sales, sponsorship, and networking opportunities for companies doing business in the mobile industry (“Services”).

Eligibility

You represent and warrant that You are at least 16 years of age and are authorised to accept these Terms. You agree to be bound by these Terms and to indemnify GSMA for any violation of these Terms. If You are registering on behalf of Your employer or a third party, You represent and warrant: (i) that You have been specifically authorised to accept these Terms on behalf of each person that You register; (ii) that each person You register agrees to be bound by these Terms; and (iii) each person You register agrees to indemnify GSMA for violation of these Terms. You also represent and warrant that You have registered to attend the Event having only used a registration code that You are authorised to use.

GSMA Ltd., the parent company of the Event organizer, is a United States based organization that must comply with U.S. sanctions law. You represent and warrant that neither You, nor any person or entity for whom You are registering: (i) are currently on the U.S. Department of the Treasury’s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons List (including terrorists and narcotics traffickers) (the “OFAC List”); (ii) are affiliated with any entity or organization on the OFAC List; nor (iii) are on any similar restricted party listings, including those maintained by other governments pursuant to applicable United Nations, regional or national trade or financial sanctions. If You or any person, entity or organization with which you are affiliated are added to any such restricted party list prior to Your arrival date, then You must notify GSMA immediately. The OFAC List is located here: http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx. GSMA utilizes World-Check to process Your data to validate compliance with U.S. and other international sanctions laws. GSMA may cancel and/or terminate these Terms and Your access to the Event and/or Services without penalty or liability if GSMA reasonably believes it is necessary to do so in order to comply with our obligations under such applicable laws or regulations, including if You are added to any restricted party listings. Cancellation and/or termination under this provision will result in forfeiture of all fees paid by You, in conformance with U.S. sanctions law.

Payment

All payments must be made in Euros. Admission to the Event will not be granted without payment in full received by the due date in the registration form. Lost attendee badges (smartcard or digital) will incur a replacement fee. Your (i) application for registration; and/or (ii) registration payment constitutes an offer to register for the Event. Whether or not GSMA accepts Your application shall be in GSMA’s sole discretion. GSMA will return any applications and payments that are not accepted.

Cancellations

ALL SALES ARE FINAL. You are liable for the FULL cost of Your admission to the Event, including any additional services that You select, notwithstanding Your subsequent cancellation or failure to attend. NO REFUNDS WILL BE GIVEN.

GSMA permits pass downgrades; however, You are liable for the FULL registration fee associated with the original pass purchased.

You are responsible for cancellation of travel and hotel reservations if You do not attend the Event.

GSMA reserves the right to cancel Your registration without notice if payment as required by these Terms is not received by GSMA by the due date, You fail to provide all information required in the relevant registration form, or You are in violation of these Terms or any other applicable terms and conditions. GSMA is not responsible for any damages, direct or indirect, resulting from any cancellations.

If GSMA cancels the Event, GSMA will only refund registered attendees for registration fees paid as of the time of cancelation. No other refunds will be provided. If the Event is postponed, GSMA will provide You with substitute passes for the new event. No refunds will be provided if the Event is postponed.

For the avoidance of doubt, GSMA is not liable to You or any third party for any other costs or damages, direct or indirect, consequential, punitive, incidental, special or general resulting from postponement, cancellation, or termination (including, but not limited to, travel and accommodations).

Identification

You agree to carry with You, at all times during the Event, government issued photo identification in the form of a passport or EU national ID card. You will be required to produce such identification to: (i) collect your attendee badge (including any replacement badge); (ii) enter the Event venue (subject to exclusions for Facial Recognition, discussed below); and (iii) upon request. You agree to have your attendee badge visible at all times during the Event.

You are solely responsible for the accuracy of all personal data provided while registering for the Event. Failure to enter accurate data may result in adverse consequences, including but not limited to, Your failure to receive critical information and the inability to reset account passwords. GSMA is not liable for any damages that may result from the submission of incomplete or inaccurate information.

Substitutions

Requests for substitution of a registered Event attendee (the “Original Registrant”) with an alternative person (the “Substitute Registrant”) must be made in writing to [email protected] Requests are approved or denied by GSMA in its sole discretion. Requests must include (i) the Original Registrant’s full name and registration number, (ii) documentation evidencing the Original Registrant’s permission to substitute the Substitute Registrant, and (iii) the name of the Substitute Registrant. The cost of substituting the Original Registrant varies based on registration status of the Original Registrant. Any balance due will automatically be transferred to the Substitute Registrant. Once a badge (smartcard or digital) has been issued, no substitutions are permitted.

Pass Sales

Your pass or pass code is personal to You. Sale of Event passes other than directly from GSMA is strictly prohibited. If an invitation code was given to You by an exhibitor, sponsor, advertiser, or other party who properly acquired the pass from GSMA (the “Pass Provider”), that code is personal to You, and can not be sold, gifted, published, or otherwise transferred without express permission of GSMA. If You sell your pass, purchase a pass from any person or entity other than GSMA, publish/distribute any code such that others may use it without appropriate authorization, or in any way work to facilitate access (including Your own) to the Event by unauthorized means, You may be prohibited from entering the Event, ejected from the Event, and/or permanently barred from attending MWC Barcelona or any other GSMA event. By registering using a pass provided by the Pass Provider, You consent to the disclosure of Your personal data to such Pass Provider, including Your name, email address, company, and job title. If You wish to exercise any data protection rights with regard to how a Pass Provider processes or uses Your personal data, You must do so directly with such Pass Provider.

Visas & Travel Authorisation

You are responsible for arranging, and paying all costs for obtaining, appropriate travel authorisations to travel to, and gain entry into, the country where the Event takes place. GSMA will not compensate You or issue a refund, if you are unable to attend the Event due to lack of necessary travel authorisations.

GSMA Trademarks and Logos

Registering for and attending the Event does not grant You any rights to use the name of the GSMA or any of its logos or trademarks. The Services and associated material provided by registering and attending the Event, including all images, designs, photographs, writings, graphs, data, or otherwise are the property of GSMA and are protected by international copyright, trademark, trade secret, or other proprietary rights.

Prohibited Activities

Suitcasing and Outboarding at the Event are strictly prohibited. “Suitcasing” occurs when companies or persons attend the Event as attendees but “work the aisles” soliciting business. “Outboarding” occurs where companies or persons set up events at a location other than the Event venue (or at the Event venue) without GSMA’s consent that encourage attendees to leave the Event or otherwise compete with the Event. You will not (i) engage in or support Suitcasing or Outboarding in any way, or (ii) plan, attend or participate in an Outboarding event that takes place during the Event or three (3) days before or after the Event.

You will not develop, facilitate, or host any program, free or paid, during the course of the Event which competes with the MWC Tours and Experience Programme, the 4YFN Health Summit (or any other tours or programmes offered by GSMA at the Event) without the prior written permission of GSMA, which will be granted or denied in GSMA’s sole discretion.

Engaging in any prohibited activity described in this section will result in immediate cancellation of Your attendee badge without a refund.

Safety and Security

GSMA is not responsible for lost or stolen items. Please remain alert and keep personal possessions secure at all times. For the safety and security of all attendees, GSMA reserves the right to enable security personnel to perform security checks of any attendee at any time. GSMA reserves the right to refuse admittance or remove any attendee from the Event venue, entry points, or offsite location controlled by GSMA at any time, without liability.

Anti-Harassment Policy

GSMA is dedicated to providing a positive, harassment-free Event experience for all participants and staff, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, race, age or religion. GSMA does not tolerate harassment of event participants or staff in any form. The use of harassing language and imagery (including that of a sexualised nature) is not appropriate at any GSMA event or related social activity sponsored or organised by the GSMA. Any Event participant found to be violating this policy may be sanctioned or expelled without a refund at GSMA’s sole discretion.

The full GSMA Anti-Harassment Policy can be found at https://www.4yfn.com/legal/gsma-anti-harassment-policy/.

Smoking/E-Cigarettes

Smoking, including the use of smokeless tobacco products, e-cigarettes and unregulated nicotine products is strictly prohibited except in designated areas.

Children

Individuals under 16 years of age (including infants) are not permitted entry to the Event venue during build-up, dismantling or on event days. Any exceptions to this policy are in GSMA’s sole discretion and must be provided by GSMA in writing prior to the start of the Event. Requests for exceptions must be submitted in writing to [email protected], at least three (3) days prior to the first day of the Event. Requests for exceptions cannot be made onsite.

Notwithstanding the above, GSMA supports the rights of breastfeeding mothers. If an attendee that is breastfeeding a child desires to bring the child to the Event, the attendee should notify GSMA in advance in writing to [email protected] at least three (3) days prior to the first day of the Event. The attendee must complete a consent and release in favour of GSMA in order for the child to enter the Event. GSMA will accommodate breastfeeding mothers that fail to provide advance notification; however, such failure may result in a delay in entering the Event.

Voluntary Participation

You may volunteer or be asked to participate in demonstrations or exhibits during the Event. Any participation by You in such a demonstration or exhibit is voluntary. You may purchase or be invited to participate in hospitality offerings by third parties and such offerings may include high risk activities, including activities that carry risk of harm to persons and/or property. Your participation in such demonstrations, exhibits and hospitality offerings is entirely at Your own risk. GSMA is not responsible or liable for any injury or damage You may suffer as a consequence of participating in such demonstration or exhibit except to the extent such injury or damage is caused by GSMA’s gross negligence or willful misconduct. GSMA expressly disclaims all liability for injury or damage caused to You by Your participation in hospitality offerings provided by third parties.

Term and Termination

These Terms are effective until terminated by GSMA. GSMA may terminate these Terms at any time, for any reason, without notice, in GSMA’s sole discretion. In the event of termination, You are no longer authorized to attend the Event. GSMA shall not be liable to You or any third party for any termination of Your access to the Services or the Event, unless otherwise stated herein.

Privacy and Data Protection

In general, GSMA collects and uses information about You in connection with the provision of the Services and for account administration. If you complete any Registration Activities for the Event, GSMA will collect certain information about You and use it to provide You with information and services associated with the Event. We process this information to fulfil the offer You have made to receive Services.

GSMA may also make and store Recordings of Your image, voice and likeness in certain instances. If You are a speaker we may collect additional information such as Your professional profile. We rely on legitimate interest for collecting, storing and processing this information.

In association with attending the Event, You may have the option to download an “Event App” to help you navigate the Event, facilitate networking and plan your schedule. If you choose to download and log into the Event App, the Event App will use certain personal data collected or generated during Event registration.

The Event may include speaking sessions, programmes, tours or other events (the “Sessions”). As You enter Sessions or other restricted areas, You may have Your badge scanned. GSMA uses this information to improve logistics at future events. By registering or participating in Sessions that are sponsored or hosted by a third party (the “External Session Provider”), You consent to the disclosure of Your personal data to such External Session Provider, including Your name, mobile number, email address, company, and job title. Some External Session Providers are located outside of the European Economic Area (EEA) or Switzerland. By authorising disclosure to them You consent to the transfer of Your personal data to such locations. If You wish to exercise any data protection rights with regards to how an External Session Provider processes or uses Your personal data, You must do so directly with such External Session Provider.

Additionally, exhibitors, sponsors, partners or other third parties participating at the Event may wish to scan your badge to facilitate networking and business relationships at the Event or to contact You post-Event. You understand that Your attendee badge holds secure data related to You including Your name, mobile number, email, company, and job title. If You allow Your attendee badge to be scanned, You are explicitly consenting to the exhibitor, sponsor, partner or other third party collecting and using Your personal data contained in the badge. If You wish to withdraw consent or to exercise any data protection rights with regard to how such recipients process and use Your personal data, You must do so directly with such recipients.

The nature of the Event and the Services are not designed to appeal to minors. GSMA does not knowingly attempt to solicit or receive any information from children with respect to the Event.

Further details about GSMA’s policies and practices around the processing of personal data is available in our Privacy Policy at https://www.4yfn.com/legal/privacy-policy/, and in the Cookie Policy available at https://www.4yfn.com/legal/cookie-policy/. GSMA encourages You to periodically review our policies to learn how GSMA is protecting Your information. Except as described herein and in our policies, GSMA does not sell, rent or otherwise share or disclose Your personal data to third parties.

You may contact us at any time with Your views about our privacy practices, or with any enquiry relating to Your personal information, or to exercise Your data subject rights by writing to [email protected].

Your Collection of Attendee and Exhibitor Data

You may receive personal and contact information from other attendees and exhibitors that is voluntarily provided to You or otherwise obtained in accordance with applicable law. You (i) cannot sell any attendee or exhibitor personal data, and (ii) must comply with any restrictions placed on the use of such information.

Recordings by You

By attending this Event, You agree:

  1. You will not bring into the Event venue any equipment for the purpose of recording or broadcasting sounds or images for any purpose other than a private non-commercial purpose, without the prior written consent of GSMA. Any such equipment brought in or used other than for private non-commercial purposes without the prior written consent of GSMA may be confiscated by GSMA and any recordings made destroyed;
  2. You will not make any recording or take any photographs for any purpose without the prior written consent of GSMA; and
  3. You will not publish, license or in any way disseminate recordings or photographs taken within the Event venue of any persons or material without the prior written consent of GSMA.

GSMA may eject You from the Event, and prohibit you from re-entering the Event, should you breach any of the terms in this Recordings by You section.

Recordings by GSMA

You consent to GSMA and its authorised third parties making recordings of You by any means (the “Recordings”) without compensation of any kind to You. You release GSMA, its affiliates, and its authorized third parties from any and all claims and causes of action You may have now or in the future including but not limited to defamation, invasion of the right of privacy, publicity or personality, copyright or trademark infringement and unfair competition, and agree not to institute any legal action based on any grounds whether or not specified in this section. You agree that GSMA is the copyright owner of the Recordings, and is not obligated to use the Recordings. All the rights granted to GSMA by You hereunder are irrevocable and perpetual, and You waive all rights to any equitable relief in connection with the Terms set forth herein.

To the best of Your knowledge, Your acts and statements contained in the Recordings will not violate any right of any third party.

Recordings by Third Parties

Third parties attending the Event may capture Your image or voice in recordings. By attending the Event, You consent to the capture of Your image or voice and You release such third parties from any and all claims and causes of action You may have now or in the future including but not limited to defamation, invasion of the right of privacy, publicity or personality, copyright or trademark infringement and unfair competition. To exercise Your data subject rights with respect to third parties’ recordings, You must contact that third party directly.

MWC20 Terms of Access

Event pass holders are invited to access the GSMA MWC Barcelona 2020 exhibition at Fira Gran Via on Thursday 27th of February 2020. By accepting that invitation and attending MWC Barcelona 2020, the attendee understands and agrees to be bound by the MWC Barcelona 2020 Attendee Terms and Conditions, available at https://www.mwcbarcelona.com/legal/. To be granted access to MWC 2020, the attendee must meet all access requirements specified by GSMA in its sole discretion. The attendee must attend the 4YFN Barcelona 2020 Event (and the attendee badge must be scanned at least once) at Fira Montjuïc between Monday 24th and Wednesday 26th of February 2020 in order to qualify for access to MWC Barcelona 2020 on Thursday 27th of February 2020. Passes which have not been used for 4YFN Barcelona 2020 Event entry at Fira Montjuïc during the Event will not be valid for MWC Barcelona 2020 entry. 4YFN Barcelona 2020 Event badges must be collected at the 4YFN Barcelona 2020 Event badge collection locations at Fira Montjuic during badge collection hours between Sunday 23rd and Wednesday 26th of February 2020. 4YFN Barcelona 2020 Event badges are not available for collection at Fira Gran Via.

Accuracy of Content

GSMA has taken every care in the preparation of content of this website, in particular to ensure that prices quoted are correct at time of publishing and all the Services have been fairly described. However, orders/registrations will only be accepted if there are no material errors in the description of the goods and/or services or their prices as advertised on www.4yfn.com. All prices are displayed exclusive of any applicable taxes.

Biometric Recognition Easy Entry Zone (“BREEZ”)

The Biometric Recognition Easy Entry Zone (“BREEZ”) provides a way for attendees to enter the Event and restricted areas without providing further identification or scanning a badge. BREEZ relies on facial recognition technology for the purposes of identification of enrolled attendees, access to Event premises and restricted areas.

Enrolment in BREEZ is voluntary. During BREEZ enrolment You will be required to provide explicit consent and a photo of Your face. Your photo will be used to generate a biometric profile – mathematical representation of Your face – that is encrypted and securely stored in the European Union. Your biometric profile is destroyed shortly post-Event.

Your consent to participate in BREEZ remains valid for as long as You maintain Your MWC account or until you opt-out of BREEZ. You can withdraw Your consent at any time by accessing Your registration account and deselecting the BREEZ option, or by contacting [email protected].

No Warranty

THE GOODS AND SERVICES ORDERED THROUGH GSMA WEBSITES ARE PROVIDED TO YOU “AS IS”. GSMA GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED BY LAW, GSMA EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF YOUR ATTENDANCE AT THE EVENT REMAINS WITH YOU. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE GSMA’S LIABILITY FOR THE FOLLOWING: (I) DEATH OR PERSONAL INJURY RESULTING FROM ITS, ITS EMPLOYEES’ OR ITS SUB-CONTRACTORS’ NEGLIGENCE; OR (II) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

Limitation of Liability

If GSMA, its parent, its affiliates or any of their officers, directors, employees, agents, third-party content providers, licensors or the like, are liable to You for any reason, liability is limited to the amount paid by You for the Services in the year in which such liability arose. This limit does not apply to any liability GSMA may have that cannot be excluded by law. You agree that any action must be commenced within one (1) year after the claim or cause of action arises.

Indemnification

You agree to indemnify, defend, and hold harmless GSMA, its parent, affiliates, and any of their officers, directors, employees, agents, and licensors from and against any and all claims, demands, losses, damages, judgements, settlements, costs and expenses, including reasonable attorney fees, arising out of or related in any way to Your Event attendance, violation of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right or Your participation in a hospitality offering provided by a third party during the Event.

Force Majeure

In the event that GSMA is prevented from carrying out its obligations as a result of any cause beyond its control, including but not limited to acts of God, war, acts of terrorism, disease or pandemic, virus propagation, airline flight cancellations, strikes, lock-outs, flood, or failure of third parties to deliver goods or services, GSMA shall be relieved of its obligations and liabilities for as long as (i) fulfilment is prevented, and/or (ii) performance becomes impossible.

Modifications to the Terms

The Terms are subject to change without notice, and may be revised or updated from time to time in GSMA’s sole discretion. All amended terms shall automatically be effective immediately when posted on this website, and apply to all access to the Event and use of any websites, apps, or services in relation to the Event thereafter. You agree that You are responsible for periodically returning to this website and reviewing these Terms to understand the current Terms and Conditions applicable to this Event. GSMA does not and will not assume any obligation to notify You of changes to the Terms. Your continued use of any websites, apps, or services, or attendance at the Event, means that You accept and agree to the changes. Except as outlined herein, the Terms may not be otherwise amended except in a writing signed by You and us. The following Sections survive any termination of the Terms: GSMA Trademarks and Logos, Privacy and Data Protection, Voluntary Participation, Your Collection of Attendee and Exhibitor Data, Eligibility, No Warranty, Limitation of Liability, and Indemnity.

Entire Terms

These Terms constitute the entire agreement between GSMA and You with respect to the Event, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and GSMA with respect to the Event. However, there may be legal notices on other areas of this website that relate to the ordering of goods and services, all of which will, together with these Terms govern Your ordering of Services. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Electronic Communications and Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement You transmit through this Website or an App associated with the Event, including but not limited to any consent You give to receive communications from GSMA solely through electronic transmission. You agree that when in the future You click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with Your mouse, keystroke, or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.

General

GSMA shall not be liable for any failure to perform any of our obligations under these Terms that is caused by circumstances beyond our reasonable control, including but not limited to any force majeure incident. You understand that pursuant to safety and other regulations which GSMA must comply with, presentations, seminars or sub-events (collectively, “Sub-Events”) within the Event will be subject to maximum capacity limitations. You agree that entry to Sub-Events shall be permitted on a “first come first served” basis and that once the space allocated for a Sub-Event is full to capacity, You will not be permitted entry.

GSMA’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GSMA in writing. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. GSMA reserves the right at any time to make changes or corrections and to alter, suspend or discontinue any aspect of any of the Services for which You have registered. If GSMA exercises its right to withdraw, GSMA may at its option offer You broadly equivalent replacement Services or refund Your payment which shall constitute a final settlement of any dispute between You and GSMA, and shall discharge any and all liability of GSMA to You. Notices to You may be made via either e-mail or regular mail. Information sent to You pertaining to the Services may also provide notices of changes to the Terms or other matters, by displaying such notices or by providing links to such notices.

GSMA reserves the right, in its sole discretion, to limit or deny access to the Event venue to any entity or individual.

Governing Law

The construction, validity and performance of the Terms are exclusively governed by the laws of the England and Wales without reference or regard to principles of conflicts of law. The parties submit to the exclusive jurisdiction of the courts of England and Wales, located in London. If any provision of the Terms are held by a court of competent jurisdiction to be invalid or unenforceable such holding shall not affect any other provision hereof, and the Terms shall be construed as if the invalidated or unenforceable provision had not been contained herein.