Terms and Conditions

KEY POINTS

These Malga Platform Terms & Conditions (the “ User Terms ”) govern your access to the Malga Platform to allow you to participate in Events organised by third party Event Organisers.
We make the Malga Platform available to the Event Organisers and to the Event Participants but we do not run the Events. By accepting these User Terms you acknowledge that the Event Organiser is responsible for primarily handling any queries or complaints you may have about your participation in any Event, under the terms and conditions you have agreed with the Event Organiser. However, the Event Organiser may subsequently contact us, in which case we will provide reasonable assistance to address any queries or complaints you may have.
If any of the matters listed above have caused an issue for you, or you have paid for a ticket to an Event and would like to discuss a refund, you should contact the Event Organiser, whose responsibility it is to deal with the matter.
You can nevertheless address directly to us any specific queries or complaints you may have in relation to how and why we process your personal data.
You must be at least sixteen (16) years old to access the Malga Platform.

Introduction

Malga runs a truly innovative and inspiring cloud-based solution for hosting of interactive, virtual and hybrid business events (the “Malga Platform”) that allows event organisers and their sponsors to organise and run events internationally (“Events”) and make them available to individuals (the “Event Participants”).

These Malga Platform Terms & Conditions (the “User Terms”) govern your access to the Malga Platform.

Please read these User Terms carefully and make sure that you understand them before participating in an Event.

You confirm that you have read, understood and agree to be bound by these User Terms by clicking the “accept” button before being granted access to Malga Platform, or otherwise where you access or use the Malga Platform, or you register an account with us. 

Definitions

you”, “your”, “User”: means you, any individual end user that participates to an Event including attendees and speakers or an Authorised User.

Event Participant” means a user that access the Malga Platform to participate in an Event.

Event Organisers” means the companies, businesses and organisations who use the Malga Platform as a virtual platform to organise and run their Events.

Services” has the meaning specified in paragraph 2.

"we", "us", or “our” Add Enterprise International Ltd trading as Malga, incorporated and registered in England and Wales with company number 12413600 whose registered office is at 5 Chancery Lane, London, England, WC2A 1LG.

  1. These Terms

    1. These are the terms and conditions on which we make the Malga Platform available to you and process the information you submit.

    2. You should print a copy of these Terms or save them to your computer for future reference.

    3. We amend these User Terms from time to time. Every time you participate in an Event, please check these User Terms to ensure you understand the terms which will apply at that time.

    4. Our Services (as described in paragraph 2 below) allow you to participate in Events.

  2. Our Services

    1. Our relationship with you is regulated by these Terms and is limited to giving you access to the Malga Platform to enable you to participate in the Events, and use the Malga Platform in accordance with these Terms and our Privacy Notice.

    2. Events are organised and run by the Event Organiser, not us. We are a third party providing the platform for an Event to take place. We are not responsible and cannot be held liable:

      1. if an Event is cancelled for any reason by the Event Organiser;

      2. for how an Event is run;

      3. for any content produced or activities carried out during an Event;

      4. for the conduct of any other Event Participants.

If any of the matters listed above have caused an issue for you, or you have paid for a ticket to an Event and would like to discuss a refund, you must contact the Event Organiser, whose responsibility it is to deal with the matter.

  1. By accepting these User Terms you acknowledge that the Event Organiser is responsible for primarily handling any queries or complaints you may have about your participation in any Event, under the terms and conditions you have agreed with the Event Organiser. However, the Event Organiser may subsequently contact us, in which case we will provide reasonable assistance to address any queries or complaints you may have.

  2. You can nevertheless address directly to us any specific queries or complaints you may have in relation to how and why we process your personal data. Our Privacy Notice is available at [xxx]. It is important that your read it along with these User Terms, so you know how and why we use your personal information in connection with the Event and how we share this information with the Event Organiser. 

  3. You must be at least sixteen (16) years old to access the Malga Platform.

  4. Your obligations

    1. You must:

      1. not breach any of your obligations set out in these User Terms;

      2. only use the Malga Platform in accordance with these User Terms and the terms and conditions you have agreed with the Event Organiser;

      3. not use the Malga Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these User Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Malga Platform or any operating system;

      4. not infringe our intellectual property rights or those rights of any third party in relation to your use of the Malga Platform;

      5. not collect or harvest any information or data from any aspect of the Malga Platform or our systems or attempt to decipher any transmissions to or from the servers running the Malga Platform;

      6. not rent, lease, sub-license, loan, provide, or otherwise make available, the Malga Platform in any form, in whole or in part to any person without prior written consent from us;

      7. not copy the Malga Platform or any part of it or any content on the Malga Platform or otherwise, nor any documentation thereto and content thereof, except as part of the normal use of the Malga Platform;

      8. not translate, merge, adapt, vary, alter or modify, the whole or any part of the Malga Platform or any content on it, nor permit the Malga Platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Services as permitted in these User Terms;

      9. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Malga nor attempt to do any such things;

      10. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Malga;

      11. not use the Malga Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

      12. not access or use any part of the Malga Platform for anything other than your personal, non-commercial use.

    2. We reserve the right to suspend your participation in Events if you breach this paragraph 3.

  5. Licence

    1. We grant to you a nonexclusive, non-transferable licence during the term of these Terms, to access and use the Malga Platform for the purposes of attending Events.

    2. You shall not use the licence granted at this paragraph for any purpose or in any manner other than as set out in these User Terms.

    3. You, not Malga, will have sole responsibility and liability for all content you use, upload, post or submit to through the Malga Platform, including in any Event in which you participate.

  6. Disclaimer

    1. The information on the Malga Platform is provided on an “as is” basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

    2. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Malga Platform or otherwise relating to such materials or on any sites linked to this site.

  7. How we may use your personal information

    1. We will use your personal information as set out in these User Terms, our Privacy Notice and applicable data protection laws. You agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of our Privacy Notice and your choices (including settings).

    2. By submitting suggestions or other feedback regarding the Malga Platform to Malga, you agree that Malga can use and share (but does not have to) such feedback for any purpose without compensation to you.

    3. We will use any personal information you provide to us to:

      1. provide the Services;

      2. make the Events available to you.

    4. Further details of how we will process personal information are set out in our Privacy Notice.

  8. User names and passwords

    1. You must ensure that user names and passwords you use in connection with your Malga user account are kept confidential and are only used by you.

    2. We reserve the right:

      1. to suspend your access to the Malga Platform if there has been a breach of security;

      2. to ask you to change your usernames and password;

      3. temporarily restrict access to your Malga user account any part of the Malga Platform until any security risk or breach of security is fixed.

    3. You may be liable for any unauthorised use of your user names and passwords by third parties if this use is due to you failing in keeping them confidential or in implementing reasonable safety measures to prevent any unauthorised use of such user names and passwords.

  9. Intellectual Property

    1. All intellectual property rights in the Malga Platform and any documentation thereto and content thereof throughout the world belong to us (or our licensors) and the rights in the Services and any documentation thereto and content thereof are licensed (not sold) to you for the sole purpose of you giving you access to the Maga Platform under these User Terms. You have no intellectual property rights in, or to, the Malga Platform and any documentation thereto and content thereof other than the right to use them in accordance with these User Terms.

  10. Our responsibility for loss or damage suffered by you

    1. If you are a consumer:

      1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these User Terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these User Term, both we and you knew it might happen.

      2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

      3. When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow our instructions or to have in place the minimum system requirements advised by us.

      4. We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any direct or indirect loss of profit, loss of business, loss of contracts, loss or damage to reputation or goodwill, business interruption, loss of business opportunity and any other indirect or consequential damages.

    2. If you are a business user:

      1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
      2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

        1. use of, or inability to use, our site; or
        2. use of or reliance on any content displayed on our site.
        3. In particular, we will not be liable for:
        4. loss of profits, sales, business, or revenue;
        5. business interruption;
        6. loss of anticipated savings;
        7. loss of business opportunity, goodwill or reputation; or
        8. any indirect or consequential loss or damage.
    3. You acknowledge that the Malga Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Malga platform meet your requirements.

    4. Limitations to the Services. We do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Malga Platform or the Services. Although we make reasonable efforts to update the information provided by the Services or the Malga Platform, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

    5. We are not responsible for other websites you link to. The Malga Platform may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

    6. We are not responsible for third party content. There will also be content created by third parties (such as content from Event Organisers or contributions from other Event Participants) displayed on or communicated through the Malga Platform. We do not control or endorse any such content or make representation or warranty regarding such content, including regarding its accuracy, completeness or its origin. We do not create such content; nor do we monitor or moderate it, and we are not responsible for doing so.

    7. Event outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control.

  11. Suspension

    1. We may, at any time, suspend your access to or disconnect you from the Malga Platform or your participation in any Event if you breach any paragraph of these User Terms

    2. We may, at any time, suspend your access to the Malga Platform if and when:

      1. it is reasonably necessary for business and operational reasons;

      2. it is necessary for repair, maintenance or improvement of the Malga Platform or to protect life, limb or property;

      3. it is required to comply with any laws, regulations or instructions issued by the government, an emergency service or other competent authority.

    3. Suspension Notice. Except in an emergency when no such notice is required, we will aim to give you as much notice as reasonably practicable if the Services are to be suspended.

  12. Termination

    1. Your termination right. These Terms will automatically terminate when: (i) the Event, and post live Event availability, ends; (ii) when you cancel your Malga user account with us; or (iii) where we terminate your access to your Malga user account, 

whichever the earliest.

  1. Our termination right. We may, at any time terminate your access to the Malga Platform and these Terms if we have reasons to believe that you are in breach of these Terms, any law, or rights of any third party or if we wish. We may also terminate our contract with you for convenience by giving you notice in writing.

  2. Consequences of termination. If these Terms are terminated:

    1. Your licence to access and use the Malga Platform terminates automatically.

    2. You must stop all activities authorised by these Terms, including your use of the Malga Platform and your participation in Events.

    3. We may take all steps necessary to prevent you from accessing or using the Malga Platform.

    4. We will delete any content you uploaded to, or generated through, the Malga Platform. We may keep your content for a short period of time after the end of the Event, to allow you to download your content, as directed by the Event Organisers. Please contact your Event Organiser if you require information about this.

  3. Termination of the Malga Platform and these Terms shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination.
  4. Other important terms

    1. We may transfer our contract with you under these User Terms to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.

    2. Nobody else has any rights under these User Terms. These Terms are between you and us. No other person shall have any rights to enforce any of its Terms.

    3. Contacting us. If you are having any issues using Malga or wish to contact us for any other reason please email our customer service team at info@malga.com

    4. If a court finds part of these User Terms illegal, the rest will continue in force. Each of the terms and conditions of these User Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    5. Even if we delay in enforcing these User Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these User Terms, or if we delay in taking steps against you in respect of your breaking these User Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

  5. Which laws apply to this contract and where you may bring legal proceedings.

    1. If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
    2. If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.