Definitions. In these Conditions, the following definitions apply:
Charges:the charges payable by the Customer to the Supplier for the supply of the Services in accordance with clause 5.
Conditions: these terms and conditions as amended from time to time in accordance with clause 11.6.
Contract: the contract between the Supplier and the Customer for the supply of Services on and subject to these Conditions.
Customer: the person, firm or company who purchases Services from the Supplier.
Delegate: a person attending the Event.
Event: The event, to be delivered by the Supplier to the Delegates.
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.
Order: the Customer’s offer to purchase Services from the Supplier on and subject to these Conditions.
Services: the services, consisting of the Event, and all other services supplied by the Supplier to the Customer.
Supplier: Legal Futures Publishing Limited registered in England and Wales with company number 7135808.
Tickets: The ticket(s) sent to the Delegates giving admission to the Event.
Website: the suppliers Website which is found at http://www.legalfutures.co.uk/ .
2. Basis of contract
2.1 The Order shall not constitute a contract between the parties until accepted by the Supplier. Acceptance shall occur when the Supplier provides the Customer with confirmation of the booking by email.
2.2 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract whether before, at the time of or after the Contract is formed.
2.3 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. Supply of Services
3.1 The Supplier shall use reasonable endeavours to supply the Services to the Customer in accordance with the description of the relevant Event on the Website. The Supplier shall use all reasonable endeavours to meet any dates specified in relation to a particular Event on the Website but the Supplier reserves the right to change the date, change the venue or cancel the Event altogether (in which case the Supplier will refund the Charges to the Customer. Time shall not be of the essence of the Contract.
3.2 The Supplier reserves its right to change any advertised speakers for the Event and to replace with another competent speaker.
4. Customer’s obligations
4.1 The Customer shall:
4.1.1 ensure that the terms of the Order are complete and accurate;
4.1.2 co-operate with the Supplier in all matters relating to the Services;
4.1.3 provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services including but not limited to the name of the Delegates that will be attending the relevant Event no less than 2 days before the Event, and ensure that such information is accurate in all material respects;
4.1.4 The Customer may change the Delegate, provided that the Customer informs the Supplier at least 24 hours before the Event.
5. Charges and payment
5.1 The Charges for the Services shall be on a fixed price basis and will be advertised on the Website and/or contained within the Suppliers promotional materials.
5.2 The Customer shall pay the Charges within 14 days of the Order unless the Event is less than 14 days from the date of the Order in which case the Customer shall pay in full before attending the Event.
5.3 If the Supplier does not accept the Order and the Customer has already paid the Charges the Supplier will refund the Charges to the Customer.
5.4 All Charges payable by the Customer under the Contract are subject to VAT which shall be paid in addition to the Charges.
5.5 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 8% per cent per annum above Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
5.6 The Supplier will not refund the Charges to the Customer unless the Supplier cancels the Event.
5.7 Any refund given to the Customer will not exceed the Charges paid by the Customer.
5.8 Deductions will be made on any refund given to the Customer by the Supplier if cancellation charges have been incurred by the Supplier in relation to that Customer.
6. Intellectual property rights
All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier.
7. Limitation of liability:
7.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
7.2 Subject to clause 7.1:
(a) the Supplier shall under no circumstances whatever be liable to the Customer, 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
(b) the Supplier’s total liability to the Customer 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 the Charges paid by the Customer for the Services.
(c) the Supplier will not be liable for any additional expenses incurred by the Customer or the Delegate in order for them to attend the Event including but not limited to travel and accommodation costs.
7.3 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
7.4 This clause 7 shall survive termination of the Contract.
8.1 Without limiting its other rights or remedies, the Supplier may terminate the contract, before the Event takes place, by providing the Customer with notice.
8.2 The Customer cannot terminate or cancel the Contract before the Event takes place.
8.3 The contract automatically terminates once the Supplier has provided the Services.
9. Consequences of termination
On termination of the Contract for any reason:
(a) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(b) clauses which expressly or by implication survive termination shall continue in full force and effect.
10. Force majeure
10.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service 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 suppliers or subcontractors.
10.2 The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
11.1 Assignment and other dealings.
(a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
(b) The Customer shall not, without the prior written consent of the Supplier, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.
(a) If any provision or part-provision of the Contract is or becomes 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.
(b) If 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.
11.3 Waiver. 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.
11.4 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
11.5 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
11.6 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Supplier.
11.7 Governing law and Jurisdiction. This contract and any dispute arising out of it or in connection with it shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.