- Definition and Interpretation
In these Terms and Conditions, the following words and expressions shall have the following meanings unless the context otherwise requires:
"Business Day" means a day (other than a Saturday or Sunday) when banks are ordinarily open for business in London.
"Contract" means the contract between SMi and you for the sale and purchase of the Event and/or the Event Material in accordance with Condition 2 below.
"Event" means any event or part thereof which SMi supplies to you under the Contract.
"Event Material" means any material related to the event which SMi supplies to you under the Contract.
"Force Majeure Event" means any event or circumstance beyond SMi's reasonable control.
"SMi"/"we"/"us" means SMi Group Limited of 1 Westminster Bridge Road, London, SE1 7XW (Company Number 03779287).
"You" means the company whose order in relation to the Event and/or the Event Material is accepted by us in accordance with Condition 2.2 below.
"Terms and Conditions" means these standard terms and conditions of sale together with any special terms agreed in writing between you and SMi as specified on the front of the acknowledgement of order.
"Website" means www.smi-online.co.uk
- Formation and Incorporation
- Subject to any variation to the Contract in writing and signed by a duly authorised representative on behalf of SMi, the Contract will be upon these Terms and Conditions, to the exclusion of all other terms and conditions, including any terms and conditions which you purport to apply under any purchase order, confirmation of order or similar document, whether or not such document is referred to in the Contract.
- Each order or acceptance of a quotation for an Event and/or Event Material will be deemed to be an offer by you to purchase an Event and/or Event Material upon these Terms and Conditions. The Contract is formed when the order is accepted by SMi by way of a written acknowledgement of order.
- No contract will come into existence until a written acknowledgement of order is issued by SMi.
- Event Orders
- 1. We reserve the right to decline any booking for an event. SMi requires payment to be made in full at time of booking via credit card. If payment is not made at the time of booking an event then an invoice will be issued and must be paid in full immediately prior to the event. If payment has not been received credit card details will be requested and payment taken before entry to the event. We are unable to allow a delegate to attend an event or have access to the Document Portal unless payment has been received in full by us prior to commencement of the event.
- Replacement Delegate and the Cancellation, Rescheduling or Variation of an Event
- You may substitute an alternative delegate with the delegate whose details have been provided with the order generally for no extra charge.
- While we will try to ensure that the event goes ahead as scheduled, this may not always be possible. We therefore reserve the right to cancel or re-schedule an event for any reason at any time. Upon such cancellation or rescheduling resulting in the delegate (or any replacement delegate) not being able or willing to attend the event, we shall provide you with a full refund of the amount paid by you to us within 14 working days of you requesting such in writing provided there are no other outstanding sums due to SMi from your organisation.
- In the circumstances outlined in the above paragraph, except to the extent that we will refund you the sums paid by you to us, we shall not be liable for transportation, accommodation, loss of earnings or any other associated costs incurred by you or the delegate in respect of such cancellation or rescheduling of the event.
- If you cancel the delegate's attendance at least 28 days prior to the event and are unable to send a replacement delegate, we will refund or credit (depending on whether payment has already been received by us) 50% of the fee minus a £50 administration charge within 14 working days of you requesting such in writing provided there are no other outstanding sums due to SMi from your organisation.
- If you cancel the delegate's attendance less than 28 days prior to the event and are unable to send a replacement delegate, you shall remain liable for payment of the fee in full and will not be entitled to any refund. In such circumstances, the delegate shall be entitled to access to the document Portal at no additional cost.
- Purchase of Event Materials
- You may wish to purchase event material from us, which may include but not be limited to access to the document portal ,event presentation slides on CD ROM and the event transcription on CD ROM, and the prices for such event materials appear on the relevant booking form. In all circumstances, payment for such materials must be made in full at the same time as the order is placed. We do not accept cancellations of orders placed.
- Intellectual Property Rights
- All intellectual property rights in the event, the event material and the website remain the property of SMi and any copies made of event material shall be an infringement of copyright, unless agreed in advance in writing by us.
- Data Protection
- SMi gathers personal data in accordance with the Data Protection Act 1998 and you acknowledge by placing your order with us and providing delegate details to us, that we may use these details to contact you by telephone, fax, post or e-mail to inform you about other products and services of SMi.
- You indemnify and hold SMi harmless against any claim being made by the relevant delegate that the delegate has not given his or her consent for you to pass on any personal data relating to the delegate.
- 1. If you are not satisfied with any aspect of our service, please send all complaints in writing to Mr Dale Butler, Managing Director at firstname.lastname@example.org
- We do not warrant that the website will operate error-free or that the website and its server are free of computer viruses and other harmful code. If your use of the website results in the need for servicing or replacing equipment or data, to the maximum extent permitted by law we are not responsible for those costs.
- All representations, warranties, terms and/or commitments not expressly set out in the contract (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permitted by law.
- Subject to Condition 9.5 below, in no circumstances will we be liable for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue, loss of goodwill or for any indirect or consequential loss that you may suffer and which is caused by the event, the event material and/or the website.
- Except in the above circumstances specified in Condition 9.3 above and subject to Condition 9.5 below, our maximum aggregate liability for any claim that you may have against us which is not otherwise excluded in these terms (including, but without limitation, where such claim arises as a direct result of (i) any negligent technical advice provided by us; or (ii) your use of the website) will be limited to the amount which has been paid by you with regard to attendance at the event or purchase of event material.
- The exclusions and limitations of liability contained in these Terms and Conditions do not apply to any loss or damage resulting from death or personal injury caused by our negligence, loss or damages arising from our fraudulent misrepresentation, or any other losses which may not be excluded or limited by law.
- Attendee Obligations
- You procure that the attendee shall
- Follow instructions and guidance given at the event, including any health and safety policies in place at the relevant premises;
- Bring all possessions on to the relevant premises at his or her own risk, and we shall accept no responsibility or liability for such possessions while the delegate is attending the event; and
- Not endanger themselves or others, be disruptive to other delegates or be excessively late at any point during the Event
- You shall not be entitled to any refund in relation to attendees asked to leave the event for any applicable breach of Condition 10.1 above.
- You agree to defend, indemnify and hold harmless SMI and its partners from time to time being, its employees and agents, from and against any claims, liabilities, damages, costs, actions or demands, including without limitation reasonable legal and accounting costs, alleging or resulting from your use or misuse of the website or your breach of these Terms and Conditions.
- Written Communication
- When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- All formal notices from you are required to be sent by letter. A letter shall be delivered at our registered office set out in Condition 1 above by recorded delivery post. If the notice is not returned as undelivered it will be deemed to have been given 3 business days after it was sent. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any way specified in Condition 12.1 above. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an e-mail is sent or 3 business days after the date of posting of any letter.
- We will use reasonable skill and care in providing the services to you. However, we do not make any commitment to you that the event or the event material will meet any specific requirements that you have or that you will obtain any particular qualification from the event or the event material. You should take reasonable care to ensure that the event chosen will meet your needs.
- Attendance by an attendee at an event or the purchase of event material is no guarantee of accuracy or integrity of material or information. The information provided at an event or in event material only constitutes the opinion of the relevant speaker(s) and should in no circumstances be a substitute for specific legal, financial or professional advice.
- The Contract is governed by and will be understood in accordance with English law. Any dispute arising between us in connection with these Terms and Conditions shall be subject to the jurisdiction of the English courts.
- The Contract constitutes the entire agreement between us in relation to the provision by us to you of the services or the purchase by you of the event-related material, and they replace and supersede any prior arrangements between us in relation to such.
- The Contract is not intended to be for the benefit of any third party, and shall not be exercisable by any other person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- We shall not be in breach of the Contract or otherwise liable to you for any failure to perform or delay in performing its obligations under the Contract to the extent that such failure or delay is due to a Force Majeure Event.
- Any clause in these Terms and Conditions that is found to be invalid or unenforceable shall be deemed deleted and the remainder of these Terms and Conditions shall not be affected by that deletion.
- No waiver of any term in these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
Additional terms for all conference attendees
Photography and filming at the conference
Audio or video recording and photography are strictly prohibited at the conference in all areas. By attending the conference you agree to your image and/or recordings of your voice being used in any media or materials created by SMi during or in relation to the conference, for any purpose commercial or otherwise.
SMi Press Pass
An SMi press credential is required for any video/audio recording or photography. Members of the press who wish to film, record or photograph at any conference must receive advance written permission from an authorised representative of SMi.
Those holding official SMi-issued press credentials may capture footage for media coverage purposes only. Video/audio/photographic capture of SMi sessions or the conference may not be used for marketing, advertising or commercial purposes without express written permission from both the conference session presenter(s) and SMi.
Your conduct at the conference
You agree: (a) to follow all instructions and guidance given to you by SMi or its representatives at the conference including complying with any health and safety policies in place at the relevant premises; (b) not to endanger yourself or others or be disruptive to other delegates; (c) that all possessions brought by you onto conference premises are at your own risk and SMi accept no liability for any loss or damage to your property or for any personal injury or illness caused or suffered in connection with your attendance at the conference unless caused by SMi's gross negligence; and, (d) that SMi have no liability, and you shall not be entitled to any refund, if you are asked to leave the conference for any reason by SMi or its appointed staff.
Copyright – Your use of conference documentation and material purchased from SMi
All conference documentation is the property of SMi or its licensors and may only be reproduced with prior written permission from SMi. If you wish to re-use any of the conference materials for any purpose commercial or otherwise, you must contact email@example.com prior to such use. Reproduction without permission for any purpose other than personal study amounts to copyright infringement.
The information contained in any conference material, presentations, papers, and any other information delivered by the speakers, and all opinions expressed, are those of the individual authors, speakers or delegates and not those of the SMi Group.
SMi Group accepts no responsibility for the contents of any conference material and any use of, or reliance by you on them.