EUROMONEY INSTITUTIONAL INVESTOR PLC AND INSTITUTIONAL INVESTOR INC
EVENT BUSINESS TERMS AND CONDITIONS
IMPORTANT - PLEASE READ CAREFULLY
1.1 These are the terms and conditions ("Event Terms") that govern registration of and attendance at an Event (as defined below) owned, operated or provided by Euromoney Institutional Investor plc ("Euromoney II"), Institutional Investor Inc ("Institutional Investor") or another Group Company (as defined below). These Event Terms are in addition to our Standard Terms and Conditions available here, or available from us on request or can be viewed on our corporate website (at www.euromoneyplc.com), and shall be deemed to incorporate any further terms and conditions relating to a particular Event as notified to you in writing ("Specific Terms"). In the event of any inconsistency between these Event Terms, the Standard Terms and Conditions and any Specific Terms, the Specific Terms shall take precedence, followed by the Event Terms then the Standard Terms and Conditions.
Your attendance and participation at an Event, and your enjoyment of any other benefits associated with an Event, is conditional on you complying with these Event Terms. Any additional terms and conditions that are posted on specific websites and/or publications of any group company in relation to any Event shall be deemed incorporated into these Event Terms.
(a) where you register for and attend a Euromoney II Event, these Event Terms will be governed by the laws of England and Wales and will operate as between Euromoney II and you, to the maximum extent permissible under the law of the territory in which you are located; and
(b) where you register for and/or attend an Institutional Investor Event, these Event Terms will be governed by the laws of the State of New York, and where applicable, the laws of the United States of America, and will operate as between Institutional Investor and you, to the maximum extent permissible under the law of the territory in which you are located.
2.1 "you/your" means (as appropriate), the attendee or participant as Registered Delegate at an Event.
2.2 "we/us/our" means Euromoney II and/or Institutional Investor and/or a group company, as appropriate in accordance with Clause1.2 above.
2.3 "Ancillary Event" means, without limitation, any field trip, networking event, tour of production facilities, factory visit, mine site visit, boat trip, helicopter flight or other aircraft ride, and/or any other excursion or activity involving road, air or water transport arranged by Euromoney II and/or Institutional Investor for participation by Registered Delegates during or in relation to any Event.
2.4 "Ancillary Event Terms" means the supplementary terms that may be applicable to Ancillary Events, pursuant to Clause11.1 .
2.5 "Agent" means an employee, partner, director, agent or representative of a company or other legal entity.
2.6 "Content" means all materials, data, information and products provided as, relating to or forming part of the Event.
2.7 "Event" means, without limitation, conferences, exhibitions, conventions, congresses, summits, seminars, webinars, meetings, round table workshops, award dinners, public training, private or bespoke training and Ancillary Events.
2.8 "Event Confirmation" means our acceptance of your registration for a place at the relevant Event in writing (including by electronic mail).
2.9 "Group Company" means Euromoney Institutional Investor plc or any subsidiary of Euromoney Institutional Investor plc (including, without limitation, Institutional Investor Inc).
2.10 "Intellectual Property" means copyright, trade marks, database rights and/or any other intellectual property rights as recognised in any jurisdiction.
2.11 "Registered Delegate" means an individual who has registered with us to attend or access an Event, either in their own personal capacity, or as an Agent.
2.12 "Representatives" means our suppliers, content providers, licensors and other suppliers, officers, employees, partners, affiliates, subsidiaries, sub-contractors, successors and assigns, agents or representatives.
2.13 "Software" means the Intellectual Property in any software that is made available for download from our websites relating to an Event or Content.
3 REGISTERED DELEGATE
3.1 In order to access an Event (or specific Content within certain websites for the purposes of attending an Event), you must register with us as a Registered Delegateeither:
(a) in your own personal capacity, in which case you will be the Registered Delegate for the Event, or
(b) as anAgentof a company or other legal entity, in which case such company or other legal entity will be the Registered Delegate for the Event.
3.2 In the event that you are an Agent, by agreeing to these Event Terms as set out below, you warrant that you have authority to agree to these Event Terms on behalf of the relevant Registered Delegate and the Registered Delegate shall be bound by these Event Terms.
4.1 You may request registration of a place at an Event by:
(a) completing a registration form through our website or other form as a "Registered Delegate"; or
(b) contacting us through e-mail or telephone in accordance with the instructions from our website; or
(c) contacting our representative at an Event that you are already attending to register a place on another Event (including an Ancillary Event, in accordance with Clause 11 below).
4.2 When requesting registration as set out above, you must provide us with accurate and complete information. It is your responsibility to inform us of any changes to that information (including, without limitation, your email address where requested), by updating your details on the relevant section of the applicable website or contacting us using contact details on the applicable website or such other contact information as is provided to you in any Event Confirmation (as defined below). If you do not provide accurate and complete information in connection with your registration, we may not be able to provide you with access to the Event or Content that you request or that are suitable to you. It is also your responsibility to inform us of any special access requirements at the time of requesting registration of a place at an Event.
4.3 Please also see our privacy statement in relation to use of your personal data by Euromoney II and Institutional Investor, which can be found on our website or here or available from us on request or can be viewed on our corporate website (at www.euromoneyplc.com).
5.1 All registrations for an Event (requested pursuant to Clause 4 above) are subject to availability and acceptance by us, which shall be at our absolute discretion. In the event that we accept your requested registration and subject to first receiving all reasonable information that we may require from you, we shall confirm our acceptance of your registration by issuing an Event Confirmation to you.
5.2 Upon the issuing by us of the Event Confirmation to you, there will be a legally binding contract between you and us to which these Event Terms shall apply.
5.3 Please read these Event Terms carefully. These Event Terms may be amended in accordance with Clause 18 below. It is your responsibility to bring these Event Terms to the attention of anyone who may, through you, register a place at an Event or view or use any Content. It is also your responsibility to bring the Event Terms to the attention of the relevant company or other legal entity where that company or other legal entity is the Registered Delegate. If you have any questions regarding these terms with any of the Euromoney II or Institutional Investor Events, please contact us at email@example.com.
6.1 The applicable fees for an Event shall be published by us on our website and/or in any of our other publications and we shall confirm such fees in our Event Confirmation pursuant to Clause 5 above. You shall pay the applicable fees in accordance with the instructions contained in the Event Confirmation.
6.2 Any applicable taxes such as value added taxes shall be in addition to the fee and you shall be notified of any such taxes in the Event Confirmation.
6.3 Fees for an Event are correct at the time of publication, but we reserve the right to amend the fees at any time but shall not affect any registrations for which an Event Confirmation has already been issued pursuant to Clause 5.1 above.
7.1 Whilst our Event programmes are correct at the time of publication, in certain circumstances, it may be necessary for us to alter the format, content, venue and/or timing of an Event. All Registered Delegates shall be notified of such changes prior to an Event.
7.2 We reserve the right to delete or change any aspect of the Content and/or any of the technical specifications relating to an Event or any aspect of the same. You agree and acknowledge that such changes may result in you being unable to access the whole or any part of an Event for some time but we shall remedy this in accordance with our cancellation and refund policy.
8.1 If you cannot attend an Event for which you have registered, please contact the designated person outlined in the Event Confirmation in writing as soon as possible (and in any event no later than 24 hours before the Event). We may at our absolute discretion allow you to send a substitute in your place or allow you to attend the next available Event (provided we have received the details of such substitute).
8.2 If you wish to cancel your attendance at an Event, you must notify us in writing, and if a fee is applicable, then subject to Clause 8.3 the following cancellation charges shall apply as follows:
Written notice received by us:
% of Fee to be charged
Six weeks prior to the Event
0% and full refund of the fees of the Event provided
Four to Six Weeks prior to the Event
The greater of $200 or 50% of the fees for the Event
Less than Four weeks prior to the Event:
100% of the fees of the Event
8.3 Without prejudice to Clause 18 , the notice periods and/or cancellation charges set out in Clause 8.2 above may be varied in writing by the Group Company hosting or providing a particular Event. Such variations will be included in the Content provided to you in relation to such Event, and/or posted on the website of the relevant Group Company, or otherwise provided to you in writing in another appropriate form before you register for the Event.
8.4 We may in exceptional circumstances need to postpone or cancel an Event and we shall notify you as soon as reasonably practicable of any such postponement or cancellation and issue you a full refund as is necessary. Our liability to you as a result of any cancellation or postponement of an Event shall be limited to the amount of fees you have paid to us for the Event only and we will not be liable for any additional expenditure, loss or damages incurred by you as a result of such cancellation or postponement.
9 TECHNICAL SUPPORT
9.1 You are responsible for procuring the necessary equipment and the payment of telephone and other charges necessary to access and/or use any Events or Content (where applicable). We are not responsible for the reliability or continued availability of the telephone lines and equipment you use to access and/or use any Event or Content.
9.2 For some of our Events which require on-line internet access, for example webinars, it is your responsibility to ensure that our technology is compatible with your systems prior to registering for such an Event. We are not liable or responsible for any technical issues which may arise as a result of your failure to ensure compatibility of our technology with your systems. Similarly, we are not liable or responsible for any delay, disruption or disturbance in the operation of the internet or problems caused by your Internet Service Provider or for any telecommunications failures which are beyond our control and/or 24 hour access to such an Event due to downtime for repairs, maintenance and/or repairs to our website.
9.3 We shall provide reasonable technical support between the hours of 9.00am to 5.30pm (GMT), Monday to Friday, where required for an Event. Requests for technical support should be sent to us by e-mail and we shall respond as soon as practically possible.
10 ACCESS TO ON-LINE EVENTS
10.1 When you register for an on-line Event, or an Event which otherwise grants you access to Content made available on-line, you will be given one or more user names and passwords, as appropriate for your registration to the relevant Event.
(a) sharing your user name and password with any other person (including for the avoidance of doubt, any other employee, partner, director, agent or representative of the Registered Delegate where you are an Agent); nor
(b) access through your user name and password being made available to multiple users on a network.
10.3 Notwithstanding the restrictions in Clause 10.2 above, you are responsible for all access to any Event and/or use of any Content by you or anyone else using any of your user names and passwords and for preventing unauthorised use of any of your user names and passwords. If you believe there has been any breach of security (such as the disclosure, theft or unauthorised use of any user name, password or any payment information), you must notify us immediately by firstname.lastname@example.org.
11.1 On occasion, we may offer you the opportunity to attend an Ancillary Event. If you attend an Ancillary Event then there may be the occasional circumstance where the Ancillary Event Terms shall be deemed to apply to such Ancillary Event. Such Ancillary Event Terms can be found in the brochures provided to you when you register to attend an Ancillary Event.
11.2 If there is any inconsistency between the Event Terms and the Ancillary Event Terms, then the Ancillary Event Terms shall be applicable and govern the Ancillary Events.
12 REGISTERED DELEGATE RESPONSIBILITIES
12.1 It is the sole responsibilityof the Registered Delegate to ensure that they are properly insured which should include adequate Personal Accident and Travel insurance prior to attending any Event requiring travel abroad. As a matter of good order, the Registered Delegate should also ensure that they have Employer's Liability and/or Public Liability insurance cover as is most appropriate.
12.2 The Registered Delegate is also responsible for ensuring that they have all necessary up to date travel documentation, including but not limited to visas and other entry permits into any jurisdiction and they comply with all health formalities and any applicable laws in any jurisdiction where the Event is being held.
13.1 All rights in and to the Event and Content relating to an Event belong to us, our group companies or our third party content providers and are protected by the Intellectual Property laws of the UK, US and other countries. We may license third parties to use the Content at our sole discretion.
13.2 You may use the Content solely for your own personal use and benefit and not for resale or other transfer or disposition to any other person or entity. You may not use, reproduce, modify, transfer, exploit, distribute or dispose of any Content for any commercial purposes, whether indirect or direct, nor in any manner that might compete with our business.
13.3 The trade marks 'Euromoney Institutional Investor ' and 'Institutional Investor' are the property of Euromoney II and Institutional Investor respectively, and other trade marks/logos appearing at an Event or in any of the Content may belong to Euromoney II, Institutional Investor, other Group Companies or third parties. None of these marks may be used without the express prior written permission of the respective owners.
13.4 Save for where provided otherwise in these Events Terms,distributing, sharing, copying, posting, scanning, forwarding, selling, publishing, retransmitting or otherwise providingaccess to any part of the Content to anyone without our express prior written permission,is not authorized and may be a violation of nationalcopyright law, including without limitation 17 USC 101 et seq,, and the UK Copyright, Designs and Patents Act 1988.
13.6 The Software belongs to us or our suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software. Do not install or use any Software unless you agree to such licence agreement.
14.1 The Events are not intended for users of under eighteen (18) years of age, and such individuals are not permitted to be Registered Delegates.
14.2 Without prejudice to Clause 3.2 above, you represent and warrant that:
(a) you have the capacity to agree to these Event Terms; and
(b) you are at least eighteen (18) years of age.
14.3 You undertake that you will:
(a) comply with all applicable laws in relation to the Events and/or your use of the Content including without limitation, laws relating to the use of Intellectual Property;
(b) not use the Content outside the scope of permitted use under Clause 13 above and will not infringe any Intellectual Property or other rights in or relating to the Events or Content of any third party;
(c) not copy, reproduce, recompile, decompile, disassemble, reverse engineer, upload, download, transmit, create derivative works from or otherwise exploit or tamper with any of our websites in relation to an Event or, subject to Clause 13.5 , any Software or other software embodied in any of our websites relating to an Event or the Content;
(d) not prevent or restrict the use or the access of any of our websites, Events and/or Content by other registered delegates or authorised users nor hack into or cause damage to any server or other equipment operated by us
(e) conduct yourself in an appropriate business-like manner when attending an Event;
(f) not record, film or take photographs at the Event unless expressly permitted by us; and
14.4 We reserve the right, without any liability, to refuse you admission or eject you from an Event for failure to comply with these Event Terms; or if in our opinion you represent a security risk, nuisance or annoyance to the running of the Event.
14.5 You acknowledge and agree that we may take photographs of you at an Event. If you do not wish for your photograph to be taken at an Event please contact us at email@example.com.
15 OUR OBLIGATIONS
15.1 Subject to and without limitation to Clause 16 , we will exercise reasonable skill and care in our provision of the Events provided to Registered Delegates, but from time to time faults may occur, in which case we will use reasonable efforts to repair them as soon as reasonably practicable.
15.2 We will endeavour to ensure Events are priced correctly on the websites or other publications (or otherwise in the Content). However, errors may occur. If such a pricing error is discovered, we reserve the right to give you the option of either cancelling your place for any particular Event or reconfirming your order at the correct price.
16.1 Nothing in these Event Terms shall exclude or limit our liability for fraud or intentional unlawful conduct by us, or death or personal injury resulting from our negligence and the remaining provisions of this Clause 16 below.
16.2 YOU AGREE THAT YOUR ACCESS TO ANY EVENT AND YOUR USE OF ANY OF THE CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY AND ACKNOWLEDGE THAT ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE". THE CONTENT IS MADE AVAILABLE FOR YOUR GENERAL INFORMATION AND ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION FORMING PART OF THE CONTENT IS NOT INTENDED FOR TRADING OR TO ADDRESS YOUR PARTICULAR REQUIREMENTS. THE CONTENT DOES NOT CONSTITUTE ANY FORM OF ADVICE, RECOMMENDATION OR ARRANGEMENT BY US (INCLUDING, WITHOUT LIMITATION, INVESTMENT ADVICE OR AN OFFER OR SOLICITATION TO BUY OR SELL ANY SECURITY, FINANCIAL PRODUCT OR OTHER INVESTMENT) AND IS NOT INTENDED TO BE RELIED UPON BY USERS IN MAKING (OR REFRAINING FROM MAKING) ANY SPECIFIC INVESTMENT OR OTHER DECISIONS. APPROPRIATE INDEPENDENT ADVICE SHOULD BE OBTAINED BEFORE MAKING ANY SUCH DECISION. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT. SAVE AS PROVIDED IN THESE TERMS, NEITHER WE NOR OUR REPRESENTATIVES (AS DEFINED IN CLAUSE 2.12 ABOVE) MAKE ANY REPRESENTATIONS OR WARRANTIES AND, TO THE FULLEST EXTENT ALLOWED BY LAW, EXCLUDE ALL IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE) REGARDING (A) THE SUITABILITY OF THE INFORMATION; (B) THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS OR TIMELINESS OF OUR WEBSITES OR CONTENT; OR (C) THE RESULTS OBTAINED FROM ACCESSING OR ATTENDING ANY EVENT AND/OR ACCESSING AND USING ANY WEBSITE, OR CONTENT. FURTHER, WE DO NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE WEBSITES RELATING TO ANY EVENTS WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE WEBSITES RELATING TO SOME OF THE EVENTS, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR (D) THE USE OF ANY OF THE CONTENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
16.3 To the maximum extent permitted by the applicable law, neither we, nor any of (our Representatives) will be liable to you for:
(a) any incidental, punitive, indirect, special or consequential damage, loss or expenses, including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, security breach, loss of data, loss of goodwill or reputation or other pecuniary loss suffered by you, even if we or any of our Representatives have been advised of their possible existence, arising in connection with these Event Terms; nor
(b) any direct damage loss or expenses arising from loss of customers, loss of profits, loss of anticipated profits or loss of savings, arising in connection with these Event Terms;
16.4 Without prejudice to Clause 25 below, to the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this Clause 16 shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
16.5 Without prejudice to the limitation of liability provisions above, in the event that you incur any loss, damage or expense arising out of your use of any Events and/or Content, you agree that our liability to you shall be limited to the higher of (a) the total amounts paid by you to us for the Event, and (b) the sum of US $500.
You agree to indemnify and hold us, our Representatives, harmless against all costs, claims, damages, liability and expenses (including any professional fees) which we might incur by reason of a breach by you of these Event Terms including, without limitation, any of the warranties, representations and undertakings in Clause 14 above. For the avoidance of doubt, this indemnity shall extend (without limitation) to any losses which we may suffer as a result of the use by third parties of any user name and password issued to you by us, except in circumstances where you can demonstrate to our satisfaction that such third party obtained the relevant details through no fault (including, without limitation, negligence) of your own.
Notwithstanding Clauses 5.3 , 6.3 and 7 , we may make amendments to the provisions of these Event Terms from time to time. Any amendments will be notified to you by being posted on our website and material changes will be emailed to our Registered Delegates. It is your responsibility to refer regularly to these Event Terms and note any amendments. Amendments will come into effect immediately on the amended Event Terms being posted on this website and you will be deemed to have accepted them if you access a website after that time. If you do not wish to accept them, you must cancel these Event Terms as described below.
19.1 Either party may terminate this agreement in accordance with Clause 8 above, Cancellations and Refunds.
19.2 We may terminate this agreement with immediate effect without providing notice to you, if you commit a breach of the Event Terms,
19.3 Cancellation of your access to an Event and use of any Content shall not affect any provision of this agreement which is expressly or by implication intended to come into effect or to continue in effect after such cancellation or expiry.
19.4 Cancellation of your access to an Event and use of any of the Content on these Event Terms shall not affect our right to receive any outstanding sums due to us at the date of cancellation, which sums shall be payable within fifteen (15) days of such cancellation.
20 NO WAIVER
Failure by any party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
21 ENTIRE AGREEMENT
These Event Terms (including any terms incorporated by reference in these Event Terms, which shall include without limitation our Standard Terms and Conditions and any Specific Terms), constitute the entire agreement between you and us with respect to your access to and use of any Event and/or Content and supersede all prior agreements, negotiations and discussions between you and us relating to the same.
22 LAW AND JURISDICTION
22.1 Where you are a Registered Delegate for a Euromoney II Event, these Event Terms (and any dispute or claim arising out of or in connection with these terms, including non-contractual disputes or claims), to the maximum extent permissible under the law of the territory that you are located in, will be governed by the laws of England and Wales and will be subject to the non-exclusive jurisdiction of the English courts.
22.2 Where you are a Registered Delegate for an Institutional Investor Site, these Event Terms (and any dispute or claim arising out of or in connection with these terms, including non-contractual disputes or claims), to the maximum extent permissible under the law of the territory that you are located in, will be governed by the laws of the State of New York and, where applicable, the laws of the United States of America. Any action to enforce these Terms shall be brought in a federal court in the state of New York or a state court located in the state of New York, county of Kings, and you agree to submit yourself to the personal jurisdiction of those courts in any such action.
23 FORCE MAJEURE
We shall not be deemed to be in breach of these Event Terms by reason of any delay in performing, or any failure to perform any service or our obligations in relation to these Event Terms, if the delay or failure was due to any cause beyond our reasonable control, including but not limited to acts of God, explosions, floods, fire or accident, war or threat of war, terrorism or threat of terrorism, sabotage, civil disturbance, epidemics, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, or industrial actions or trade disputes (whether involving our employees or of third parties).
24 ASSIGNMENT AND SUB-CONTRACTING
24.1 You may not assign, sub-license or otherwise transfer any of your rights under these Event Terms without our prior written consent.
24.2 We may assign, sub-contract or transfer any and all of our rights and obligations under these Event Terms to any group company or any entity who acquires a substantial part of the assets of our business without your prior written consent.
24.3 Without prejudice to Clause 24.2 , we may sub-contract delivery of an Event to any group company who operates the business relating to the relevant information, publication or data product forming part of that Event.
If any provision of these Event Terms is found to be wholly or partially invalid, void or unenforceable by any court having competent jurisdiction or by virtue of any legislation or any other reason, that provision shall be invalid, void or unenforceable to that extent only and no further and the validity and enforceability of the remaining provisions of these Event Terms shall not be affected.
Any notice which is required to be given pursuant to these Event Terms shall be made by email or first class post, in the case of you, to the address provided on your registration form and, in the case of us, to the address posted on the relevant website or otherwise notified to you in relation to any relevant Event. Any such notice shall be deemed to have arrived if sent by post within three (3) days of posting and if sent by email at the time of transmission.
27 THIRD PARTY RIGHTS
No term of these Event Terms is intended to be enforceable by any person other than you (or the Registered Delegate, where you are an Agent) or us.
Headings in these Event Terms are for convenience only and will have no legal meaning or effect.
Euromoney Institutional Investor PLC is a company registered in England and Wales under number 954730 whose registered office is at 8 Bouverie Street, London EC4Y 8AX and VAT number is GB 243 3157 84.
Institutional Investor LLC is a subsidiary of Euromoney Institutional Investor Plc and is incorporated in the State of Delaware and its federal ID number is 13-2790024 and its registered address is at 225 Park Ave. South, New York, NY 10003, USA.