These Terms (Terms), together with the registration form submitted by you, the Delegate (Booking), comprise the Agreement between you, the Delegate, and us, Tech-Engage Ltd (Organiser) governing your participation and attendance at the Event.
1.1 In these Conditions, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) A reference to a party includes its personal representatives, successors or permitted assigns;
(c) A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) A reference to writing or written includes faxes and e-mails.
- BASIS OF CONTRACT
2.1 The Terms constitutes an offer by the Delegate to purchase Events in accordance with these Conditions.
2.2 The Terms shall only be deemed to be accepted when the Organiser issues confirmed acceptance of the Terms at which point and on which date the Contract shall come into existence (Commencement Date).
2.3 The Contract constitutes the entire agreement between the parties. The Delegate acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Organiser which is not set out in the Contract.
2.4 Any samples, drawings, descriptive matter or advertising issued by the Organiser, and any descriptions or illustrations contained in the Organiser’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Events described in them. They shall not form part of the Contract or have any contractual force.
2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Delegate seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.6 Any quotation given by the Organiser shall not constitute an offer, and is only valid for a period of 7 Business Days from its date of issue.
- SUPPLY OF EVENTS
3.1 The Organiser shall supply the Events to the Delegate in accordance with the Specification in all material respects.
3.2 The Organiser shall use reasonable endeavours to meet any performance dates specified in the programme supplied, but any such dates shall be estimates only and time shall not be of the essence for performance of the Events.
3.3 The Organiser shall have the right to make any changes to the Events which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Events.
3.4 The Organiser warrants to the Delegate that the Events will be provided using reasonable care and skill.
- EVENT ATTENDANCE
4.1 To ensure that the Delegate receives maximum value from the pre-arranged sessions or meetings, the Delegate will be directed to complete a needs profile for inclusion on our secure event website. The Organiser will provide profiles of solution partner organisations and other Delegates to assist you in selecting sessions and meetings you’d like to attend.
4.2 A deadline will be specified by which time meeting choices must be submitted to Organiser.
Participation in pre-arranged meetings and sessions is at the complete discretion of the Organiser.
The Organiser will not be held liable to the Delegate for any change in the number or identity of other attendees or for any attendees who do not keep scheduled meetings.
The Delegate hereby confirms to participate in a minimum of one (1) full day’s participation, including attendance to their pre-arranged meetings or sessions.
The Delegate, hereby confirm that they are appropriately qualified for attendance at the time of registration, and at the time of attendance are employed with a qualified Company as agreed by us, The Organiser.
You agree to conduct yourself in a proper and professional manner at all times.
5.1 The full amount of the Total Fee plus VAT (where applicable) shall be payable to Event Organiser within 7 days of date of Agreement by way of cheque, credit card or direct bank transfer to the Event Organiser’s account:
PAYMENTS IN GBP:
Account Name: Tech-Engage Ltd
Bank: Metrobank plc
Account number: 18990822
Sort Code: 23-05-80
Swift Code: MYMBGB2L
IBAN Number: GB79MYMB23058018990822
5.2 The organiser reserves the right to withhold any information relating to the Event and/or refuse the Delegate entry to the Event unless and until all fees due in respect of that Delegate’s attendance at the Event have been paid in full.
5.3 Alterations, postponement or cancellations made by organiser will strive to adhere to the communicated dialogue event programme, but reserves the right to alter the event structure (including but not limited to: location, speakers, topics, venue, date and features and as the organiser requires at their complete discretion).
5.4 If the Event is cancelled or postponed by Organiser due to events or circumstances beyond its reasonable control due to Force majeure:
5.5 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Organiser including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Organiser or any other party), failure of a utility Event or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Organisers or subcontractors.
5.6 The Organiser shall not be liable to the Delegate as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
5.7 If the Force Majeure Event prevents the Organiser from providing any of the Events for more than 12 weeks, the Organiser shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Delegate.
5.8 The Organiser is not responsible for any loss or damage as a result of a substitution, alteration or cancellation/postponement of an event.
- CANCELLATION AND SUBSTITUTIONS BY THE DELEGATE
6.1 You may substitute delegates by providing reasonable advance notice to the Organiser pursuant to these Terms. For any cancellations received in writing not less than twenty-one (21) days prior to the Event, you will receive an 85% credit of the booking fee to be used at another Tech-Engage event which must occur within one year (12 months) from the date of issuance of such credit.
6.2 An administration fee of 15% plus VAT of the booking fee will be retained by the Organiser for all permitted cancellations. No credit will be issued for any cancellations occurring within forty-one (41) days (inclusive) of the Event.
6.3 In the event that the Organiser cancels an event subject to the Terms you will receive a credit for 100% of the contract fee paid. You may use this credit for another Tech-Engage event to be mutually agreed with the Organiser, which must occur within one year (12 months) from the date of cancellation.
6.4 In the event that the Organiser postpones an event for any reason and the delegate is unable or unwilling to attend on the rescheduled date, you will receive a credit for 100% of the contract fee paid subject to the Terms. You may use this credit for another Tech-Engage Ltd event to be mutually agreed with Tech-Engage Ltd, which must occur within one year (12 months) from the date of postponement. Except as specified above, no credits will be issued for cancellations. There are no refunds given under any circumstances.
6.5 If you are registering for a complimentary pass being extended by The Organiser, by booking you agree to The Organiser charging a ‘no show’ fee of £99.00 (plus VAT where applicable) for liquidated damages if you or a nominated substitution fail to attend the Event. The nominated substitution should be of equivalent authority. Substitutes must be agreed by The Organiser and will only be admitted at the Event Organisers discretion.
6.6 No fee will be charged for complimentary pass cancellations received in writing not less than twenty-one (21) days before the Event. Complimentary passes are allocated at the complete discretion of The Organiser.
7.1 Delegates are responsible for the cost of gratuities that might include but not limited to use of leisure facilities at the Venue, parking, alcohol (where applicable), travel and other items such as non- Event Organiser arranged dining, dry-cleaning, mini-bar, other refreshments and telephone calls.
A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
7.3 THIRD PARTIES
A person who is not a party to the Contract shall not have any rights to enforce its terms.
Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional Terms, shall be effective unless it is agreed in writing and signed by the Organiser.
If any provision or part-provision of the Contract is or become s invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
This Agreement is binding upon confirmation by the Organiser of acceptance of the Booking submitted by Delegate.
7.6 GOVERNING LAW
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
Tech-Engage Ltd is a company registered in England and Wales (company number: 09822555) whose registered office is located at: 1 Park Road, Hampton Wick, Kingston Upon Thames, England, KT1 4AS
Nothing in these Conditions shall limit or exclude the Organiser’s liability for:
Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
Fraud or fraudulent misrepresentation; or
Breach of the terms implied by section 2 of the Supply of Goods and Events Act 1982 (title and quiet possession).
Subject to the above:
The Organiser shall under no circumstances whatever be liable to the Delegate, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
The Organiser’s total liability to the Delegate in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £500.
8 DATA PROTECTION AND PRIVACY
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
All Intellectual Property Rights in or arising out of or in connection with the Events shall be owned by the Organiser.
The Delegate acknowledges that, in respect of any third party Intellectual Property Rights, the Delegate’s use of any such Intellectual Property Rights is conditional on the Organiser obtaining a written licence from the relevant licensor on such terms as will entitle the Organiser to license such rights to the Delegate.
All Organiser Materials are the exclusive property of the Organiser.
8.1 Sharing Your Details
By agreeing to these terms & conditions you are also agreeing that the event organisers may pass on my details to other registered delegates and attendees for this event and you may be contacted about future Tech-Engage events. You agree that the organisers may pass on my details to any third party.’