Last Updated: JUNE 2024

EL-FAALYAT AL-MATALEQA, a company organized under the laws of the Kingdom of Saudi Arabia, Commercial Registration No. 1010877139 with its place of business located with a registered address Office No. 43 & 44, 2nd Floor Al Thumama Road, Al Nada District Riyadh, Kingdom of Saudi Arabia. (“we,” “us” or “ATHAR”). ATHAR is in the business of organising events, including festivals, concerts, etc.. ATHAR can be contacted as follows info@atharfestival.com.

Please read these Terms & Conditions (“Terms”) carefully. These Terms, including the Athar Festival Terms & Conditions attached as a schedule and incorporated herein) set out the legal basis for the use of the ATHAR website (www.atharfestival.com) and the ATHAR App (together and separately herein, the “Platform”), and the ordering and purchasing of goods and services, tickets for festivals and events, (referred to herein as “Services”), and in respect of your attendance at our events.

By visiting or using the Platform, and (if applicable) by ordering and purchasing Services, you are agreeing to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Platform or attend our events.

Access to the Platform is only available to persons over the age of 18. If you are under the age of 18 you do not have the permission to use or access the Platform. If you are under the age of 18, do not provide any information on the Platform or use the Platform (You will also not be able to attend any of our events).

We reserve the right to change or modify these Terms at our sole discretion at any time. We will notify you of any material changes to the terms and conditions of these Terms or to any service or other feature of the Platform and Services and you must accept such changes in order to continue your use and access of the Platform.

6.1 Users of the Platform (“User”) are either a:

• 1. “Visitor“: a User who browses the Platform without creating a “User Account” (defined below); or
  2. “Registered User“: a User who creates a User Account and can accordingly log-in to the Platform.

6.2 You acknowledge that, at our sole discretion, at any time, and without any prior notice, we may decline to allow you access to and/or use of the Platform (including access to and/or use of any Examples of scenarios that could give rise to this include (without limitation):

• 1. You fail to comply with any or all of these Terms;
  2. You engage in behaviour that might harm others or otherwise pose a health or safety risk, damage property, infringe the rights of others or cause a nuisance;
  3. Our own operational or policy reasons, directions from responsible authorities, or as otherwise determined by us at our sole discretion.

6.3 The use of our Services including access to, and use of the Platform is subject to our policies from time to time in force.

6.4 You will only use the Platform and Services for your personal non-commercial purposes and in accordance with applicable laws and regulations.

6.5 Use of the Platform is subject to our Privacy Policy, available at https://www.atharfestival.com/privacy-policy/. We may also process cookies data, as further detailed in the Privacy Policy.

7.1 Users who wish to become Registered Users agree to comply with the User Account requirements as set out in these Terms.

7.2 Users wishing to set up a User Account must create a unique User ID and a unique user password for their use only, and provide other information including full legal name, contact email address and phone number, and other details including identity verification information. Users who set up a User Account must not disclose their User ID and unique user password to any other person, and shall remain responsible at all times for the unauthorised use of their User Account. (Users must promptly notify ATHAR in the event of becoming aware of any apparent unauthorised third party use of their User Account.)

7.3 Users creating a User Account warrant that the information they provide is accurate, current and complete, and undertake to update such information as and when it changes to ensure that it remains accurate, current, and complete. (A User Account, and associated access to the Platform, may be terminated by ATHAR in the event that ATHAR finds, or has reasonable suspicion, that any such information is not (or is no longer) accurate, current or complete. Similarly, ATHAR may also suspend a User Account if ATHAR finds, or has reasonable suspicion, that a User is in breach of these Terms. Users acknowledge that ATHAR may from time to time require formal documentation that evidences any User Account information, and failure to provide such information in a timely manner and to the full satisfaction of ATHAR is a basis upon which ATHAR may terminate the relevant User Account.

8.1 Subject to clause 8‎‎.3 below, all right, title and interest in any and all intellectual property rights in the Platform and any Services, and parts thereof (including all programs, products, processes, technology, content (including graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code)), belong to ATHAR, or its licensors, and are provided on an ‘as is’ basis with no warranties of any kind. You undertake to refrain from gaining, or attempting to gain, unauthorized access to any portion or feature of the Platform or Services, or any other systems or networks connected to the Platform, or to any of the Services offered on or through the Platform, by reverse-engineering, hacking, password mining, or any other means. The ATHAR trade mark and associated logo are owned by ATHAR or its licensors, and may not be used without specific written permission.

8.2 Nothing in these Terms shall be construed as providing you with anything more than the limited right to use the Platform and Services, for your own personal, non-commercial use, to the limited extent necessary to benefit, as user, in the manner contemplated in these Terms.

8.3 Where the Platform permits you to post or upload any content or materials or to communicate or send any messages (all such content, materials or messages is referred to as “Content”) the following provisions apply:

• 1. By providing Content to the Platform, you grant ATHAR a perpetual, irrevocable, world-wide, royalty-free, sub-licensable, non-exclusive license (but not the obligation) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on or in connection with the Platform. You further permit ATHAR to develop (at ATHAR’s own discretion, and without any obligation) derivative works (such as excerpts) from the Content for use on, or in respect of, the Platform and the promotion of the Platform. (Any such derivative works shall become part of the Content provided to ATHAR.)
  2. By providing Content to the Platform, you warrant that such Content is your own original work, and/or that you otherwise have sufficient rights in the Content to grant to ATHAR the rights contemplated in these Terms; and you warrant that the Content does not infringe any third party intellectual property rights. You shall be entirely responsible for the accuracy of any information about authorship, copyright and other ‘credits’ that you provide to ATHAR in respect of any Content. You undertake to refrain from seeking to assert or enforce any moral rights you (or your licensors) may have in any such Content.

8.4 Users must abide by all copyright notices or restrictions contained on or included in the Platform and must not delete any attributions, legal or proprietary notices on the Platform, nor are Users entitled to link to the Platform.

8.5 By submitting Content to the Platform as contemplated in clause ‎‎3 above, you warrant that such Content complies with the regulatory requirements of Saudi Arabia and is not otherwise unlawful. ATHAR is not required to monitor the Platform for Content that does not comply with the regulatory requirements of Saudi Arabia or is unlawful, but reserves the right to remove any Content of which it becomes aware, and which, in its reasonable assessment and in its full discretion, may breach such regulatory requirements or is otherwise unlawful or which is in breach of these Terms. (Accordingly, you acknowledge that you have no expectation of privacy in respect of any Content you make available on the Platform, and that ATHAR may monitor Content in order to address any concerns regarding inappropriate Content.)

8.6 Generally speaking, the following types of Content would breach such requirements, and accordingly cannot be made available via the Platform:

• 1. Content that references religion in a derogatory, negative or inaccurate manner;
  2. Content that contains vulgarity or that promotes vices, crime or otherwise violates public morals;
  3. Content that harms the interests of the Kingdom of Saudi Arabia, or denigrates its leaders, symbols or institutions;
  4. Content that may undermine social harmony, encourage sectarianism or provoke class division, or that promotes the interest of any terrorist group;
  5. Content that may encourage hatred of any kind, or that fails to respect the dignity of any group or the privacy of any individual; and
  6. Content that infringes intellectual property rights.

9.1 The Platform includes functionality to allow you to make purchases/transactions relating to the Services online, as further described on the Platform.

9.2 Once you have placed an order (“Order”) for a Service (e.g. through clicking on an order button) and we have confirmed our availability to fulfil the order (e.g. automatically via the Platform, or as otherwise communicated to you by us), we will have a binding contract. We will provide you with a receipt as required by applicable law. You are not entitled to cancel the Order except where otherwise specifically permitted by applicable law.

9.3 We will inform you of any anticipated delay or difficulties that have a material effect on our ability to fulfil the Order. How the Services will be delivered will depend on the nature of the Services ordered – this will either be obvious from the nature of the Services or will be described on the Platform.

9.4 Where any Services are provided on a subscription basis (e.g. memberships) your rights to cancel and any renewal and additional payment provisions will be set out on the Platform.

9.5 Where you have a complaint about ATHAR’s provision of the Platform and/or any Services, please contact ATHAR using the contact details provided on the Platform or referred to in our Terms. We will review the complaint and respond to you as soon as reasonably possible.

You are obliged to pay for the Services as per the prices and fees associated with each Order together with all applicable taxes and additional amounts (if any) related to delivery. Full payment, by credit or payment card (or any other payment method that ATHAR approves in its sole discretion), is required before ATHAR will provide the Services the subject of an Order. (Any bank charges related to your payment to ATHAR shall be to your account.) Any amounts payable to ATHAR shall be exclusive of VAT unless otherwise stated.

11.1 Subject to clause ‎‎3, you understand and agree that the Platform and Services are provided and made available on a reasonable endeavours basis only (with no warranties or guarantees as to availability) and ATHAR, at its sole discretion, may limit, suspend, or terminate your use of the Platform and the supply of Services.

11.2 Subject to clause ‎‎3, you also understand that ATHAR may modify or discontinue the Platform and the provision of any Services at its sole discretion. ATHAR has no obligation to continue offering the Platform, and you have no expectation of continued access to the Platform or the Services.

11.3 Nothing in these Terms shall prejudice your rights as a consumer under the laws and regulations of Saudi Arabia nor exclude any liability of ATHAR for death or personal injury caused by its negligence.

Subject to clause ‎‎3: you expressly acknowledge and agree that your use of the platform and any services is at your sole risk and responsibility. The platform and services are provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and the entire risk for your use of the platform and the content and services. without limiting the foregoing, we do not warrant that (a) the platform or the content or the services will meet your requirements or expectations or achieve their intended purposes, (b) the platform or the content or the services will not experience outages or otherwise be uninterrupted, timely, secure or error-free, (c) the information obtained through the platform or the content or the services will be accurate, complete, current, error- free, completely secure or reliable, or (d) that defects in or on the platform or content or the services will be corrected. You assume all risk of personal injury, including death and damage to personal property, sustained from use of the platform and the content and the services.

Subject to clause ‎‎11.3: under no circumstances shall athar be liable to the user or any third party with respect to any subject matter of these terms (including any breach of security or data loss or user’s reliance on or use of anything learned in any content in any manner) under any contract, negligence, strict liability or other theory for any indirect, incidental, or consequential damages or lost profits, loss or inaccuracy of data or documents or cost of procurement of substitute goods, services or technology, even if advised of the possibility of such damages or whether any remedy set forth herein fails of its essential purpose or otherwise. Athar’s total cumulative liability to you arising out of or related to these terms will not exceed the price paid by you for the services giving rise to the liability in question, and which the parties acknowledge reflects the agreed upon allocation of risk between the parties and that athar would not enter into these terms or make the platform or the content or the services available to users without these limitations on liability. This limitation of liability will apply notwithstanding the failure of the essential purpose of any limited remedy set forth herein. This limitation of liability will apply to the fullest extent permitted under applicable law.

14.1 You agree that ATHAR, in its sole discretion, may deactivate your User Account or otherwise terminate your use of the Platform, or any part thereof, for any reason or no reason, including, without limitation, if it believes that you have breached these Terms in any way.

14.2 You agree that any deactivation or termination of your access to the Platform may be effected without prior notice to you and that ATHAR shall not be liable to you nor any third-party for any termination of your User Account or access to the Platform or the Content or any Services.

14.3 You may cease using the Platform at any time. If you would like to formally cancel your User Account, please contact us in order to do so.

14.4 You acknowledge that ATHAR may cease operating the Platform at any time, and at its own discretion. You shall have no claim against ATHAR in the event that ATHAR decides to discontinue the operation of the Platform for any reason.

15.1 No partnership: You agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

15.2 Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.

15.3 No Waiver: Any failure by us to enforce any terms set out in these Terms or other policies with you is not a waiver of our rights to enforce those terms.

15.4 Survival: The following sections shall survive the expiration or termination of these Terms: Sections 7, 8, 10, 11, 12, 13,14 and,15. The following sections shall survive the expiration or termination of the Festival Terms: Sections 3.7, 4.5 and, 5.

15.5 Assignment and third party rights: You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion. If required by us, you will assist with our reasonable requirements to give effect to the same.

15.6 Force majeure: We will not be responsible for any breach of these Terms or any failure or delay in providing or making available the Platform and any Services where this is due to any event or cause outside our reasonable control including without limitation acts of governmental or other competent authorities, natural disasters, war, pandemic or epidemic, illness of relevant personnel, fire, flood, storm, hostile acts, failure of power or water supplies, equipment breakdown, failure of networks or telecommunications systems, computer viruses, transport delays, or failures of third party contractors or service providers or other acts or omissions of third parties outside of our reasonable control.

15.7 Governing law and jurisdiction: These Terms shall be governed by the laws of the Kingdom of Saudi Arabia. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the competent courts in the Kingdom of Saudi Arabia.

15.8 Entire understanding: These Terms set out the entire understanding and agreement between you and us with respect to your use of the Platform and Services and our provision of them.

15.9 Schedules: All schedules appended to these Terms are hereby incorporated herein and form an integral part of the Terms.

15.10 Contact: If you have any queries regarding these Terms, or questions or complaints regarding the Platform or any Services, please do not hesitate to contact us at info@atharfestival.com .

ATHAR FESTIVAL TERMS & CONDITIONS

1.1 These Athar Festival terms and conditions (“Festival Terms”) provide specific information in respect of the purchase of tickets (“Passes”) for the Athar Festival (the “Festival”), and attendance at the Festival. These Festival Terms shall be read as part of the Terms, and in the event of any clear conflict between the two these Festival Terms shall prevail.

1.2 We reserve, in our sole discretion, the right to: (a) alter the advertised format, date, timing, content and/or location of the Festival; or (b) to cancel the Festival.

• 1. Where we alter the format, date, timing, content or location of the Festival, Passes for the Festival will be valid for the Festival as altered. To the fullest extent permitted by law, we will not be required to make any refunds to you, and we will not be liable to you for any other cost or other expenses incurred by you as a direct or indirect consequence of any such alterations.
  2. Where we cancel the Festival, we will notify you in writing as soon as reasonably practicable, and your Pass will be transferred to the next edition of the Festival. To the fullest extent permitted by law, we will not be required to make any refunds, and we will not be liable to you for any other cost or other expenses incurred by you as a direct or indirect consequence of any such cancellation.

1.3 To the fullest extent permitted by law, ATHAR accepts no liability to you and will not pay any compensation to you where the performance of its obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances beyond its reasonable control including, but not limited to, contagious disease, flood, earthquake, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism (or threats of such acts), fire, failure of electric power, failure of hardware or software, cyber security attacks or any collapse of building/structures.

2.1 The following is a basic description of the categories of Passes available for the Festival. (A fuller description is available on the Platform.)

2.2 In circumstances where ATHAR requires proof that you meet certain eligibility criteria as part of the Order process or admission to the Festival venue (e.g. applications for the Young Athar Pass or Student Pass), ATHAR reserves the right to approve or reject such applications at its absolute discretion.

2.3 As proof of age, ATHAR will accept originals or copies of passport, national ID, residence permit or driving license; as proof of full-time student status, ATHAR will accept original or copy of valid student ID or letter confirming enrolment, provided such ID or letter include information on the full-time nature of the enrolment.

2.4 If ATHAR is not satisfied by the proof of eligibility you provide, we may: i. require you to upgrade to the next appropriate category of Pass, and to pay the difference in price; or ii. cancel your Pass, denying you admission to the Festival, without any refund.

3.1 Passes are subject to limited availability, on a ‘first come, first served’ basis. ATHAR makes no warranties as to the continued availability of Passes.

3.2 Prices for Passes are set out on the Platform. ATHAR reserves the right to vary prices from time to time, without prior notice, and at its own discretion. ATHAR will make Passes available in phases (such as Early Bird (First Release) and Early Bird (Second Release)), as further detailed on the Platform.

3.3 Subject to availability of Passes, we will confirm your Order by email to the email address provided by you at the time you place your order (“Order Confirmation”). If the desired Passes are not available, then we will reject your order by email to the email address provided by you at the time you place your order (“Order Rejection”).

3.4 You are not entitled to cancel your Order following Order Confirmation. Passes will not be issued until payment has been received in full. ATHAR accepts payment for Passes by credit card or debit card (subject to black-out periods, as communicated on the Platform).

3.5 If the price of a Pass increases after you have placed your Order and before you receive an Order Confirmation, we will notify you and ask you to confirm whether you wish to proceed with your Order based on the revised price. (If you do not wish to proceed, or if you do not respond to us within the time we specify, then you will be deemed to have abandoned the transaction and we will not process it for payment.)

3.6 Following Order Confirmation, the following payment processes shall apply:

• 1. Credit card or debit card: We will process your payment promptly after issuing you Order Confirmation.

3.7 In the event of failure to attend the Festival, in full or in part, and for any reason whatsoever, Passes are not eligible for refunds or credit. In the event that Passes are cancelled for any reason, such cancelled Passes are not eligible for refunds or credit.

3.8 The Platform sets out further operational details relating to Passes, including information on black-out periods, on-site payments, Pass collection, Award Seats, Delegate Replacements, etc. Such details shall be deemed to be incorporated herein by reference.

3.9 Festival passes are solely for entry to the Festival taking place on 05 & 06 November, while Awards tickets are exclusively for the Athar Awards taking place on 06 November. Each type of pass grants access only to its respective event. Therefore, to attend both the Festival and Awards, you must purchase a separate pass for each. If you would like to purchase additional passes please visit the pass picker.

Once a name has been assigned to a Festival pass, you can request a name change by emailing info@atharfestival.com. Please note that name change requests will only be accepted until 01 October 2024. For Awards seats or tables, no name change is necessary. Access to the Awards is granted by the Awards ticket, so simply provide the ticket to the new guest.

For Student and Young Athar Passes, a valid ID proving age must be presented onsite. If a valid ID is not provided, the full price will be charged.

4.1 Physical Passes: You must collect your physical pass (“Physical Pass”) for the Festival from the registration area indicated in your Order Confirmation email (or as otherwise communicated to you by us). Physical Passes must be worn at all times during the Festival. Physical Passes are valid for the booked delegate only and must not be misused. Physical Passes remain the property of ATHAR. ATHAR reserves the right to deny access to the Festival or confiscate Passes where we consider that there has been a breach of the Festival Terms. ATHAR will not replace lost or stolen Physical Passes. Defacing and/or creating copies of a Physical Pass is a breach of these Terms and will be treated as fraud. Delegate Replacements will not be accepted once a Physical Pass has been collected.

4.2 Conduct: We ask that all delegates behave respectfully towards their fellow delegates and Festival staff.

• 1. Delegates must not do anything which:
     • May bring the Festival or ATHAR into disrepute;
     • Be prejudicial to the image and/or reputation of the Festival or ATHAR.
     • May endanger themselves, other delegates, Festival staff or the general public;
     • May cause damage, disturbance, disruption or inconvenience at, or in relation to the physical location and surrounding area of, the Festival.
  2. Delegates must:
     • Comply with the Festival code of conduct and any entry requirements specified by us from time to time;
     • Comply with all reasonable instructions given by Festival staff, including without limitation in relation to health and safety;
     • Comply with all local laws, rules and regulations;
     • Comply with all security measures which are in place in and around the Festival including, without limitation, any bag checks, metal detectors or scanners.

4.3 Dress Code: Delegates are required to comply with the dress code for the Festival, which is “Business Casual” for the Festival and “Black Tie” or “National Dress” for the Awards Ceremony. If, in our reasonable opinion, a delegate has not complied with the dress code, they may be asked to change into more appropriate clothing. Should a delegate refuse to comply with the dress code, they may be asked to leave the Festival.

4.4 Age Restrictions: Delegates must comply with any age-related restrictions applicable to any aspects of the Festival. ATHAR reserves the right to require delegates to present valid proof of age to age-restricted events at the Festival, and to reject the admission of anyone unable to present valid proof of age establishing eligibility to attend the same.

4.5 Photography and Filming: Please note that we may film or take photographs of the Festival. When we are filming, we will use reasonable endeavours to ensure that delegates that may be ‘in shot’ are aware (for example, by putting up filming notices). By entering an area where filming or photography is taking place, you are deemed to consent to being filmed or photographed. You grant ATHAR a perpetual, irrevocable, world-wide, royalty-free, sub-licensable, non-exclusive licence (but not the obligation) (“Licence”) to use, edit, reproduce, record, modify, enhance, encode, translate, distribute, play, perform, make available to other users, prepare derivative works of and to display your image and/or your contribution to the film or your photograph (your “Contribution”) (with or without advertising and sponsorship) by any media or methods whether now known or later developed. This Licence may be exercised in our sole discretion throughout the world at any time. You agree that this Licence is: perpetual (which means it lasts forever); royalty-free (which means we won’t pay you for your permission, either now or in the future); and transferable (which means we can transfer it to others). You agree that we can sub-license this Licence (which means we can grant an equivalent permission to others which may include without limitation our group companies and advertisers or sponsors). You irrevocably and unconditionally waive, in respect of your Contribution, all moral rights to which you may be entitled and any broadly equivalent rights in Saudi Arabia and in any other territory of the world. This waiver is made in favour of us but shall also extend to our sub-licensees, assignees and successors in title.

4.6 Exhibits and Content: Delegates are informed that all exhibits for, and content at, the Festival are strictly for the purpose of criticism and review only and do not constitute any recommendation, endorsement or promotion of the products or services featured therein by ATHAR, any of its affiliates, or otherwise. Nothing contained in the exhibits or content represents the views or opinions of ATHAR or its affiliates, or otherwise and no reliance should be placed on any part of the exhibits or content. Organiser and its affiliates do not accept liability of any kind in respect of the exhibits, content or any product or service referred to in the exhibits or content.

5.1 ATHAR accepts no liability whatsoever for any loss or damage suffered by you in connection with the Festival or your accommodation, including without limitation any loss or damage to any property left in your accommodation.

5.2 ATHAR will not be liable for any indirect, consequential or pure economic loss, or any loss of profit, goodwill or opportunity (whether caused by the negligence of ATHAR or its employees, contractors or agents or otherwise).

5.3 ATHAR’s aggregate liability to you in respect of all losses, liabilities or damage suffered by you arising out of or in connection with these terms and conditions or your attendance at the Festival, howsoever arising and whether in contract, negligence or other tortious action or otherwise, will not exceed the value you paid for your Pass.

5.4 Nothing contained in these Festival Terms or in any other document (including but not limited to the Terms) referred to or incorporated in it shall be read or construed as excluding any liability for death or personal injury caused by ATHAR’s negligence or liability for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or restricted by law.

5.5 You will ensure that ATHAR, our staff and our affiliates will not suffer or incur any loss, costs, claims or expenses of any kind arising from or in connection with any act or omission by you (including anyone acting on your behalf) during or otherwise in relation to the Festival or your accommodation.