USE AND PURCHASE TERMS AND CONDITIONS
These Use and Purchase Terms and Conditions govern User’s use of WOBI.com; Customer’s Ticket purchases for Events which may be carried out through WOBI’s customer call center or via WOBI’s sales officers; and Customer’s purchase of any product from WOBI and shall govern all services related to the Events organized and performed by WOBI:
1. Definitions and interpretation:
The following definitions apply unless the context requires otherwise:
“Customer” means the party named on the Order Confirmation (or such other person or organization as may be substituted therefore with the written consent of WOBI) and where the context so requires shall include any employee, representative, agent or contractor acting on the Customer’s behalf;
“Event” means the relevant event or conference organized by WOBI to which the Ticket relates;
“Order Confirmation” means a written confirmation sent by any means, including any digital media and email, though which WOBI informs the description of the purchased Tickets or product and describes the details of the transaction;
“Ticket” means a ticket, voucher or other form of pass issued by WOBI permitting access to the Events;
“User” means any Customer, Ticket holders, any person who has access to WOBI.com and/or any beneficiary of any of the services provided by WOBI;
“Venue” means any location where the Events take place;
“WOBI” means any of the following companies with which the corresponding transaction is celebrated: Business Executive Education Pty Ltd, HSM Americas, Inc., HSM Italia, S.R.L., Management Focus, S.A., Management Focus México, S.A. de C.V., WOBI Colombia, S.A.S., WOBI Perú, S.A.C., World of Business Ideas Limited or World Of Business Ideas GmbH; and
“WOBI.com” means https://www.wobi.com/
A. Headings are for convenience only and do not affect interpretation.
B. The singular includes the plural and conversely.
C. Where there are two or more parties named as the Customer, a reference to a right or obligation of the Customer confers that right, or imposes that obligation, as the case may be, jointly and severally.
2. User’s acceptance and consent to WOBI’s Use and Purchase Terms and Conditions:
By using or visiting WOBI.com, or purchasing Tickets in any manner from WOBI, User expressly agrees to be legally bound and abide by these Use and Purchase Terms and Conditions, as well as all applicable laws, ordinances and regulations.
3. Contract between WOBI and User:
3.1. WOBI is the official organizer of the Events and Tickets are not sold through any intermediary. User agrees not to obtain or attempt to obtain any tickets through unauthorized use of an automated device or any other illegal or unauthorized activity. WOBI reserves the right to cancel any transaction which WOBI reasonably suspects to have been made in breach of these provisions without any notice to User and any and all Tickets purchased as part of such transaction will be void.
3.2. Each Ticket is valid for one person and cannot be shared between more than one person.
3.3. The purchase of Tickets will have effect since the Order Confirmation is sent and ends immediately after the completion of the Event. All purchases are subject to payment card verification and other security checks and User’s transaction may be cancelled if it has not passed WOBI’s verification process.
3.4. If the Customer has bought (or been issued with) any Ticket for any other person, the Customer must bring these Use and Purchase Terms and Conditions and any applicable regulations to the attention of such other Ticket holders. The Customer must ensure that any such Ticket holder complies with these Use and Purchase Terms and Conditions and any applicable regulations. If the Customer, or any such Ticket holder, fails to comply with these Use and Purchase Terms and Conditions or any applicable regulations, the Customer or the Ticket holder (as applicable) may be refused admission to the Venue or removed from the Venue without refund or compensation.
3.5. These Use and Purchase Terms and Conditions and Order Confirmation constitute the entire agreement between WOBI and the User, Customer or Ticket holder (as applicable).
By entering the Venue and/or using the Ticket, each Ticket holder acknowledges and agrees that he or she has read and understood these Use and Purchase Terms and Conditions and agrees to adhere to these Use and Purchase Terms and Conditions.
By placing Customer’s order, Customer authorize WOBI to charge the selected method of payment for the total amount, which includes the Ticket price or product price. WOBI accepts Visa, Mastercard and American Express.
5. Recording Waiver:
WOBI reserves the right to broadcast and transmit recorded content via TV, Satellite, Cable, IPTV, Internet, and any other means of distribution.
User consents the use by WOBI (and by any third party authorized by WOBI from time to time) for the purposes of or in connection with any publication, exhibition or broadcast (including any advertising or promotional literature, campaign or material) in any media worldwide, in perpetuity and on a royalty-free basis, and approved by WOBI of any still or moving picture images taken at the Event where such image includes any User’s image, User’s voice and User’s likeness and User waives any and all of User’s personality and privacy rights to the extent necessary to permit such use.
7. Admission and Attendance:
7.1. Users attending to the Events must abide by the rules and policies of WOBI and the Venue. Failure to follow such rules and policies may lead to consequences against Users. Users who fail to abide those rules and policies, are responsible for all applicable fines and legal or other expenses associated therewith.
7.2. WOBI reserves de right to refuse admission to (or reject from) the Venue any person (i) no complying with these Use and Purchase Terms and Conditions or (ii) who is in possession of a Ticket which has been sold or used other tan in compliance with these Use and Purchase Terms and Conditions.
7.3. Users must not make, create, store, record or transmit any kind of sound recording, visual footage or audio-visual footage (“Recording”), or store, record or transmit any information or other data, in relation to the Event. It is forbidden to take into the Venue any equipment that may enable you to do the aforementioned acts. Personal electronic devices (including still image cameras, mobile telephones and other handheld personal communications devices) are permitted within the Venue unless otherwise advised, provided that any Recording and any image, including photographic images and any still pictures derived or capable of being derived from a Recording (“Image”) of the Event that is recorded, stored and/or crated thereon is used for personal private and non-commercial purposes only.
As a condition of purchase of the Tickets Users agree that (i) the use of any such Recording, or Image for any form of public advertisement, display, commercial gain or for any other purpose (except for your private enjoyment) without the prior written consent of WOBI is strictly forbidden and will constitute a breach of these terms and conditions for which you may be liable; and (ii) on request by WOBI, you shall assign to WOBI in writing the copyright and all other intellectual property in any Image or Recording that you create, make, store or record of, at or in relation to the Event.
7.4. Unless indicated otherwise, during the booking process, WOBI is not able to determine precise seat locations and cannot fulfil specific seating requests.
8. Cancellations and refunds:
8.1 Refunding Policy: In case the Event has to be cancelled or changed to a non-presential format for any reason or cause outside of the control of HSM Americas Inc (including but not limited to health emergency reasons), the organizer shall refund to the purchaser the total amount of the purchased tickets. These refunds will apply only for those purchases of tickets regarding 2021 Events and only if such purchases were completed after October 20th, 2020. Consequently, this refund policy will not be applicable for pending credits of previous years’ purchases nor in case of purchases made before October 20th, 2020.
8.2 If buyer wills to cancel purchased tickets for any other reason (different from those regarding causes outside of the control of HSM Americas Inc), the organizer shall process a partial refund, only if both of the following two conditions are met: 1) buyer requests cancellation within 45 calendar days from the date of purchase; and 2) buyer requests cancellation more than 180 days prior to the event. If both conditions are met at the time of requesting the cancellation, a refund will be processed less a processing fee of $350 per ticket purchased.
8.3. All cancellation requests must be made in writing. No cancellations will be allowed after the Event date.
9. Unlawful Activity:
WOBI prohibits the use of WOBI.com for unlawful conduct. All Users must comply with all local, state, federal and international laws, ordinances and regulations. User agrees not to use any false information or use an invalid or unauthorized credit or debit card. User agree not to use or permit anyone to use information provided through WOBI.com for any unlawful or unauthorized purpose.
10. No Warranty
WOBI disclaims, to the fullest extent permitted under applicable law, all warranties, express or implied, with respect to WOBI.com, the materials, and any Tickets obtained through WOBI.com, including, without limitation, implied warranties of title, non-infringement of third party rights, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing or usage of trade. WOBI does not warrant that User’s use of the WOBI.com will be uninterrupted, error-free or secure, that defects will be corrected, or that the site is free of viruses or other harmful components. User assumes all responsibility and risk for use of WOBI.com and User’s reliance thereon. Your use of WOBI.com and any materials provided through the site are entirely at User’s own risk. User should use User’s best judgment and exercise caution where appropriate.
11. Limitation of Liability
User expressly acknowledge and agrees that WOBI shall have no liability or responsibility whatsoever for: (i) any action of another user to WOBI.com; (ii) personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from your access to and use of WOBI.com, including any claim, cause of action, obligation, liability, right, or remedy whether or not arising from the negligence of WOBI; (iii) any unauthorized access; (iv) any interruption or cessation of transmission to or from WOBI.com; (iv) any bugs, viruses, worms, defects or other items of a destructive nature which may be transmitted to or through the site by any third party; (v) any error, mistake, inaccuracy or omission in any materials, or for any loss or damage of any kind incurred as a result of the use of any materials available through WOBI.com;. your sole and exclusive remedy for dissatisfaction with WOBI.com is to stop using the site. The maximum liability of WOBI and your sole and exclusive remedy, for all damages, losses suffered by you and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall be the total amount paid by you, if any, to access WOBI.com.
12. Changes in Terms and Conditions
WOBI reserves the right, in its sole discretion, to change these Use and Purchase Terms and Conditions at any time. If WOBI changes any term or condition, said modification, revision and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this site. Your continued use of the site following WOBI’s posting of revised terms and conditions constitute your acceptance of the revised agreement.
13. Events outside Our Control
13.1 WOBI shall not be deemed in default or otherwise liable or responsible for any failure to perform, or delay in performance of, any of WOBI’s obligations that is caused by an Event Outside Our Control.
13.2 An “Event Outside Our Control” means any act or event beyond WOBI’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other biological or natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or any other similar cause not under WOBI’s control.
14. Additional Provisions
14.1. No agency, partnership, joint venture or other relationship is intended or created by User’s use of WOBI.com.
14.2. All contents of this website or affiliated platform are copyright works belonging to WOBI. All rights reserved. The content of this website or platform has been carefully prepared and is regularly updated. Nevertheless, we cannot guarantee that the totality of information is perfectly accurate or free of error.
14.3. These Use and Purchase Terms and Conditions contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.
14.4. If any provision of these Use and Purchase Terms and Conditions is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected.
14.5. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
14.6 User and WOBI hereto irrevocably submit to the exclusive jurisdiction of (a) the Supreme Court of the State of New York, New York County, and (b) the United States District Court for the Southern District of New York, for the purposes of any suit, claim, dispute, action or other proceeding arising out of these Use and Purchase Terms and Conditions and arising of any other matter regarding purchase(s) of Ticket(s).
14.7 User and WOBI recognize and accept that these Use and Purchase Terms and Conditions and any other matter regarding purchases of Tickets, shall be governed by and construed in accordance with the internal laws of the State of New York applicable to agreements made and to be performed entirely within such State.