Terms of Service – 2020 Event Promotional Offer

v1.2 last updated September 14, 2020

IMPORTANT: YOU, OUR CUSTOMER, MUST READ THIS AGREEMENT CAREFULLY AS YOU WILL BE BOUND BY THIS AGREEMENT IF YOU INTEND TO USE THE 2020 EVENT PROMOTIONAL OFFER (AS DEFINED BELOW). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF ANOTHER PERSON (NATURAL OR LEGAL) YOU WARRANT THAT YOU HAVE AUTHORITY TO DO SO. THE SERVICES ARE NOT A SUBSTITUTE FOR A FIXED OR MOBILE SERVICE AND CANNOT BE USED TO CALL EMERGENCY NUMBERS OR EMERGENCY SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, OR YOUR USE (OR OUR SUPPLY TO YOU) WOULD BE CONTRARY TO ANY EXPORT LAW IN ANY JURISDICTION, DO NOT USE OUR SERVICES.

1 Interpretation

1.1 This Agreement shall wholly incorporate the terms set out in our general Event terms of service which can be found here: https://loopup.com/en/event-by-loopup-terms-and-conditions/ (“General Terms of Service”). In the event of any conflict between this Agreement and the General Terms of Service, this Agreement shall prevail.

1.2 This Agreement shall apply to the 2020 Event Promotional Offer only. The 2020 Event Promotional Offer is only available to ‘business’ customers (being a company, corporation, partnership, sole trader or such other analogous entity). The Services shall not be available to individual consumers and you must not sign up for use of the Services if you are an individual consumer. We reserve the right to refuse a request to apply the 2020 Event Promotional Offer.

1.3 1.3 In this Agreement:

‘2020 Event Promotional Offer’ means the promotion offered by us permitting you the use of one Free Event Call on the basis of the terms and conditions as set out in this Agreement;

‘Agreement’ means these terms of service relating to the 2020 Event Promotional Offer;

‘Free Event Call’ has the meaning as defined in clause 3.1 and, for the avoidance of doubt, excludes those features or Services as set out in clause 3.2; and has the meaning as defined in clause 3.1 and, for the avoidance of doubt, excludes those features or Services as set out in clause 3.2; and

‘Included Access Numbers’ means those numbers and territories referenced as ‘included’ within the agreed Order Form or Booking Form used to book the Free Event Call.

1.4 All other definitions and rules of interpretation as set out in the General Terms of Service shall apply to this Agreement.

2. Formation of Contract

2.1 You must first send us a completed Order Form and Booking Form setting out that the 2020 Event Promotional Offer shall apply and detailing any additional requirements, accepting this Agreement, the General Terms of Service and the Privacy Policy. We may, in our sole discretion, treat any request from you for the Free Event Call (or such other Service) as a Booking Form. We reserve the right to decline to accept an Order Form or a Booking Form or to provide the Free Event Call (or such other Service) to any entity in our sole discretion for any reason. In no event will any terms that are not now in this Agreement modify this Agreement, whenever received, except when agreed in writing signed by a duly authorized representative of each party. This Agreement will be legally binding from the earlier of the date we notify you we accept your Booking Form or the date of your first use of the Free Event Call (or such other Service). This Agreement represents a customized, fully negotiated arrangement between you and us.

3. 2020 Event Promotional Offer

3.1 In consideration of your continued compliance with this Agreement and subject to the terms of this Agreement, we shall provide you with the following as part of the 2020 Event Promotional Offer:

3.1.1 one free call lasting up to 60 minutes for up to 500 participants for numbers and jurisdictions for the Included Access Numbers;

3.1.2 briefing call to understand call requirements;

3.1.3 one free test call lasting up to 30 minutes;

3.1.4 early host dial in 15 minutes before the call start;

3.1.5 guest pre-registration or PIN entry into the call;

3.1.6 operator support via a dedicated chat function;

3.1.7 full visibility of call and guests through conference viewer;

3.1.8 managed questions and answers during the call;

3.1.9 attendee polling during the call;

3.1.10 recording of the free event call via MP3 download;

3.1.11 call summary email; and

3.1.12 post call de-brief, collectively the above shall be referred to the ‘Free Event Call’.

3.2 For the avoidance of doubt, the following are not included as part of the Free Event Call:

3.2.1 operator greeting or field capture on entry;

3.2.2 replay of recording or any audio recording storage;

3.2.3 separate communication line with operator support during the call;

3.2.4 pre-recorded content play during the call;

3.2.5 extended test call;

3.2.6 extended host early dial in;

3.2.7 additional operators;

3.2.8 transcription of audio;

3.2.9 audio editing;

3.2.10 slide sharing;

3.2.11 use of Webex;

3.2.12 custom branding;

3.2.13 dial-in from any countries outside of the Included Access Numbers; and

3.2.14 any other feature (or other Services) that is not expressly set out as part of the Free Event Call in clause 3.1, should you request any of the above, you shall be required to pay the Charges for such additional Services as set out in our standard Rate Sheet (or such other Rate Sheet that may be agreed with you from time to time).

3.3 The following additional restrictions shall apply:

3.3.1 the 2020 Event Promotional Offer may only be used once by any customer (including any other group entity of that customer within the control or common ownership of the customer’s group parent entity);

3.3.2 the Free Event Call must be held prior to 1 January 2021;

3.3.3 you shall be entitled to reschedule your Free Event Call once subject to providing us with at least 7 days’ notice of the requested change; and

3.3.4 in the event you cancel (without rescheduling in accordance with clause 3.3.3) or do not show for the scheduled Free Event Call you shall lose any further entitlement to the 2020 Event Promotional Offer.

3.4 In the event that any of the restrictions as set out in clause 3.2 have not been complied with (and have been identified either before or after the scheduled call), we have the right to either:

3.4.1 cancel the Free Event Call; or

3.4.2 charge you for any Charges that may apply in accordance with this Agreement.

3.5 3.5 We reserve the right to discontinue the 2020 Event Promotional Offer at any point in our sole discretion, including (but not limited to) in the event we believe the 2020 Event Promotional Offer is being misused in any manner. We shall inform you in the event of any changes which we propose to make to a booked Free Event Call.