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TERMS & CONDITIONS
TERMS AND CONDITIONS – EVENTS
Delegate Terms
These terms and conditions apply between the person, firm, company or other
entity specified on your booking form (“you” or “your”) and the legal entity on
booking form that is the owner, organizer, operator and/or manager of the
event/conference (“Informa”), for attendee/delegate (“delegate”) registrations
for the event/conference specified on your booking form (“Event”). Please read
them carefully as they contain important information. By submitting your
registration to attend the Event (“your registration”) you agree to be bound by
these terms to the exclusion of all other terms. If you do not agree to be bound
by these terms Informa will be unable to accept your registration.
1. Your registration is an offer to Informa to attend an Event which is
subject to Informa’s acceptance in writing (which may include (without
limitation) email). A binding contract between Informa and you will only be
formed when written confirmation of acceptance (“Confirmation” or
“Confirmed”) is sent by Informa to you (whether or not it is received)
using the contact details you provided at the time of registration. You
should contact Informa if you have not received Confirmation within 5 days
of your registration, but in any event if Confirmation is not sent within
14 days of Informa receiving your registration, your registration will be
deemed to be accepted unless Informa notifies you otherwise. Informa
reserves the right in its sole discretion to refuse to accept your
registration.
2. You will pay Informa the fees specified in your booking form for the Event
(“your fees”). Payment of your fees must be received in full and in cleared
funds by Informa from you in accordance with Informa’s payment terms from
time to time in force but in any event not later than 48 hours before the
Event. If payment of your fees in full is not received before the Event,
Informa may (at its sole discretion) either require such payment as a
condition of your entry to the Event or refuse you entry to, or block you
from accessing, the Event (whether physical or virtual) . No refunds of any
proportion of your fees already paid (if any) will be made and any balance
of your fees will remain due and payable where entry to an Event is refused
under this Condition 2.
3. All discounts can only be applied at the time of registration and discounts
cannot be combined. All discounts are subject to Informa’s approval.
Discounts for group registrations are only valid for the number of
delegates specified on your booking form. If the number of delegates that
actually attends the Event is (for any reason) less than the number
specified in the your booking form, then Informa may (at its sole
discretion) change the fees charged to reflect the number of delegates that
actually attend the Event in line with Informa’s published prices then in
force. Any additional sums payable to us as a result shall be paid in line
with Condition 2.
4. Prices for each Event are correct at the time of publication. Informa
reserves the right to change the prices at any time but changes will not
affect registrations which have already been confirmed by Informa.
5. It is the intent of the parties that Informa will receive payment of your
fees net of all applicable taxes, including without limitation, sales, VAT,
service or withholding taxes (“Taxes”), all of which shall be paid solely
by you. If and to the extent that any Taxes are levied upon, or found to be
applicable to, the whole or any portion of the payment of your fees, the
amount of such payment shall be increased by an amount necessary to
compensate for the Taxes (including any amount necessary to “gross up” for
Taxes levied on the increase itself).
6. Except as may be otherwise expressly advised as part of the particular
Event’s registration process, you may cancel your registration in
accordance with this Condition 6. Subject to the remainder of this
Condition 6, you will receive a refund of your fees paid to Informa (if
any): (i) if you cancel your registration 28 days or more before the Event,
subject to an administration charge equivalent to 10% of the total amount
of your fees plus Tax (if any is applicable); or (ii) if you cancel your
registration less than 28 days, but more than 14 days before the Event,
subject to an administration charge equivalent to 50% of the total amount
of your fees plus Tax (if any is applicable). Informa regrets that the full
amount of your fee remains payable in the event that your cancellation is
14 days or less before the Event or if you fail to attend the Event. If a
cancellation changes the entitlement to a multi-registration discount, the
lowest value registration will be cancelled first. No cancellations are
accepted once any part of a single or multi registration party has accessed
any of the pre-Event networking or partnering facilities, applications or
platforms. All cancellations must be sent by email to
IT.registrations@informa.com marked for the attention of Customer Services
and must be received by Informa. You acknowledge that the refund of your
fees in accordance with Condition 6 is your sole remedy in respect of any
cancellation of your registration by you and all other liability is
expressly excluded.
7. Substitutions with employees from your organisation are welcome at any time
but in all other respects delegate registrations are issued for your
personal use only and cannot be shared with any person during the Event.
You may not purchase registrations as agent for any third party or sell or
otherwise transfer your registration to others or exploit the registration
commercially or non-commercially in any way.
8. Informa may (at its sole discretion) change the format (including, without
limitation, from a physical in-person Event to a virtual Event and vice
versa), speakers, participants, content, venue location and programme or
any other aspect of the Event at any time and for any reason, whether or
not due to a Force Majeure Event, in each case without liability.
9. Informa may (at its sole discretion) change the date or cancel an Event at
any time for any reason. Where Informa changes the date or cancels the
Event for any reason except due to a Force Majeure Event (in which case the
terms of Condition 10 shall apply) Informa shall offer you the option of
attending any rearranged Event that Informa chooses to organise (acting in
its sole discretion). If you promptly (within not more than 10 days after
being notified by Informa of the new date of the Event) notify Informa in
writing that you do not wish to attend the rearranged Event or if Informa
elects not to rearrange the Event then you will (as your sole remedy) be
entitled, at your discretion, to receive either a credit note or a refund
in respect of your fees received by Informa.
10. Where a Force Majeure Event has or may have (in Informa’s sole discretion)
an adverse impact on: (i) the ability of Informa to hold the Event at the
planned venue or on the planned date; or (ii) the Event generally, then
Informa shall be entitled but not obliged (in its sole discretion) to
either: (i) provide alternative facilities or venue for the Event; and/or
(ii) reschedule the Event. Any of your fees received by Informa shall be
applied to any rearranged or rescheduled Event held pursuant to this
Condition 10 and you shall not be entitled to object to such rearranged or
rescheduled Event or have any right to claim any compensation in respect
thereof. If Informa is unable or elects not to rearrange or reschedule the
Event pursuant to this Condition 10, then you will (as your sole remedy) be
entitled, in your sole discretion, to receive either a refund (less
transaction processing costs) or credit note in respect of your fees
received by Informa. For the purpose of this Condition 10 “Force Majeure
Event” means any event or circumstance arising that is beyond the
reasonable control of Informa (including but not limited to governmental
laws, ordinances, regulations, requisitions, restrictions, guidelines,
recommendations or action, imposition of sanctions, embargo, military
action, acts or threats of terrorism or war, mob, civil commotion or riot,
health scares (including without limitation, epidemic and pandemic (e.g.,
COVID-19), whether or not new, ongoing or recurring), fire, acts of God,
flood, drought, earthquake, severe weather, disaster, disruption to
transportation, third party contractor/supplier failure, venue damage or
cancellation, industrial dispute, strikes, labour disputes,
interruption/failure of utility service, lack of commodities or supplies,
accidents, nuclear, chemical or biological contamination, speaker or
participant cancellation or withdrawal, or any other comparable calamity or
casualty). These terms and conditions shall apply in respect of any
rearranged or rescheduled Event organised by Informa pursuant to this
Condition 10.
11. To the fullest extent permitted by the applicable law, Informa shall not be
liable to you for any loss, delay, damage or other liability incurred,
resulting from or arising in connection with the cancellation or date
change of the Event howsoever arising or any venue change. You acknowledge
and agree that the provisions of Conditions 8, 9 and 10 set out your sole
remedy should the Event date be changed or cancelled and all other
liability of Informa is expressly excluded.
12. Informa may (at its sole discretion) refuse admission to, or eject/block
from the Event (whether physical or virtual), any person in its absolute
discretion, including (without limitation) any person who fails to comply
with these terms and conditions or who in the opinion of Informa represents
a security risk, nuisance or annoyance to the running of the Event. You
agree to comply with all reasonable instructions issued by Informa or the
venue owners or operators at the Event.
13. All unauthorised photography and the recording or transmitting of audio or
visual material, data or information is expressly prohibited. You consent
to filming and sound recording and photography of the Event as a delegate
and you consent to the use by Informa of any such recording or photography
anywhere in the world for promotional, marketing and other purposes.
14. The personal information which you provide to us will be held by us on a
database, and where we have appropriate authorisation/justification (which
may include, without limitation, express/implied consent or legitimate
interests), may be shared with other companies in the Informa group and
selected third parties in the UK, United States and internationally for
promotional and other purposes. Your personal information may also be
shared with government entities and regulatory authorities as required by
law. At some Events, exhibitors and sponsors may use lead capture
applications or barcode scanner devices. If you choose to allow your badge
(whether physical or digital) to be scanned by third parties at the Event,
we may pass your personal information to such third parties. Further, there
may be certain areas of the Event at which your attendance is conditional
on your personal information being provided to third parties which have
sponsored or are managing such areas. The use that any third parties make
of your personal information is outside of Informa’s control and, to the
extent permitted by applicable law, we do not accept any liability in this
regard. For more information about how Informa may use the information you
provide please see our privacy policy at
https://www.informa.com/privacy-policy/
15. For virtual Events only: (a) You undertake to be responsible for any
technical requirements needed to enable you to access the Event website,
app or other platform (the “Event Platform”) made available by Informa to
facilitate participation in the Event. We do not guarantee that the Event
Platform will operate continuously, securely or without errors or
interruption, and we do not accept any liability for its temporary
unavailability. We do not guarantee that the Event Platform and/or any
content thereon (including, without limitation, any content available for
download) will be free from viruses, infections, Trojan horses, worms
and/or any other code that has contaminating or destructive properties. You
must not attempt to interfere with the proper working of the Event Platform
(for example, by attempting to circumvent security or tamper with, hack
into or otherwise disrupt any computer system, server, website, router or
any other internet connected device). You agree to comply with any website
terms of use and/or fair or acceptable use policies indicated on any
website on which the Event Platform is hosted. (b) We do not endorse or
accept any responsibility for the content, or the use of, any goods or
services that may be identified or described on the Event Platform and we
shall not be liable for any loss or damage caused or alleged to be caused
by or in connection with use of, or reliance on, any content, goods or
services available on or through the Event Platform or any website or other
resource referenced therein. (c) Informa may issue you with a username and
password. Usernames and passwords are confidential and remain the property
of Informa at all times and may not be sold, assigned or transferred to any
third party without our permission. Your username and password are personal
to you. You hereby agree that you will not permit others to use your
username or password and you will be and remain liable for the acts of any
person using your username and password. (d) Any posts, messages or other
materials, information or data you supply or upload to the Event Platform
(collectively, “Materials”) will be considered non-confidential and
non-proprietary, and we have the right to use, copy, distribute and
disclose to third parties any such Materials for any purpose. You hereby
waive any moral rights in any Materials to the extent permitted by
applicable law. We reserve the right, at our sole discretion, to edit or
remove postings to any message boards on the Event Platform and delete or
use electronic methods to block or filter any Materials at our discretion,
but we do not have any obligation to do so. You shall not make libelous
postings or any postings which are illegal or infringe the intellectual
property rights of any third party. Informa will not be responsible for
monitoring Materials for compliance with law. (e) You may use the Event
Platform solely for access to the Event. Without limitation, you must not:
(i) download, store, reproduce, transmit, display, copy, distribute,
exploit or use the Event Platform and/or any content thereon for your own
commercial gain, (ii) use the Event Platform and/or any content thereon in
any manner other than in compliance with law and these terms and
conditions, (iii) infringe our intellectual property rights or those of any
third party in relation to your use of the Event Platform and/or any
content thereon, (iv) transmit, or procure the sending of, any unsolicited
or unauthorised advertising or promotional material or any other form of
similar solicitation, and/or (v) knowingly transmit, send or upload any
data that contains viruses, infections, Trojan horses, worms and/or any
other code that has contaminating or destructive properties viruses. (f) We
are under no obligation to oversee, monitor or moderate any interactive
service we provide on the Event Platform and, without limitation, we
expressly exclude all liability for any loss, injury or damage whatsoever
arising from the use of any interactive service by any user, whether the
service is moderated or not.
16. To the fullest extent permitted by the applicable law, Informa excludes:
(a) all liability for loss, injury, disease or damage to persons or
property at the Event; (b) all indemnities, representations and warranties
(whether express or implied); and (c) any actual or alleged indirect loss
or consequential loss howsoever arising suffered by you or any loss of
profits, anticipated profits, savings, loss of business revenue, loss of
business, loss of opportunity, loss of goodwill, or any other type of
economic loss (whether direct or indirect). If Informa is liable to you for
any reason, Informa’s total liability to you in relation to the Event
(whether under these terms or conditions or otherwise) is limited to the
amount of your fees received by Informa.
17. If, by reason of any Force Majeure Event, Informa is delayed in or
prevented from performing any of its obligations to you under these terms
and conditions or otherwise, then such delay or non-performance shall not
be deemed to be a breach of these terms and conditions or any other
agreement and no loss or damage shall be claimed by you by reason thereof.
Informa’s obligations shall be suspended during the period of the delay or
non-performance and Informa and you shall each use reasonable endeavours to
mitigate the effect of the Force Majeure Event. The provisions of this
Condition 17 are subject to the provisions of Condition 10.
18. Informa reserves the right to amend these terms and conditions from time to
time. However, you will be subject to the terms and conditions in force at
the time you submit your registration.
19. No person other than you and Informa shall have the right (whether under
the UK’s Contracts (Rights of Third Parties) Act 1999 or otherwise) to
enforce these terms and conditions between us without the prior written
agreement of you and Informa.
20. If the Event is originally scheduled to be held in the United States or
Canada, then these terms and conditions are governed by the laws of the
State of New York (without application of conflicts of laws principles) and
you submit to the exclusive jurisdiction of the federal and state courts
located in New York County, NY, having appropriate subject matter
jurisdiction. Otherwise, these terms and conditions are governed by English
law and you submit to the exclusive jurisdiction of the English courts.
Nothing in this Condition 20 shall prevent or restrict Informa from
pursuing any action against you in any court of competent jurisdiction.
DISCLAIMER FOR ACTIVITIES
You should consider carefully whether or not you will be able to participate in
any activities offered as part of a programme relating to the Event. Informa
warns that some activities may be physically demanding and/or carry inherent
dangers. You understand that some exercise-based activities may be a risk to
your physical health and safety if you do not perform them correctly. You accept
that, if a programme exists for the Event you are attending, it is entirely your
responsibility to decide whether or not participation in any activity offered as
part of the programme is appropriate to your capabilities, aptitude, fitness and
health. If you have any concerns about your capabilities, aptitude, fitness
and/or health to participate you should consult with (and follow the
recommendations of) a medical professional prior to engaging in any activity. If
at any time during any activity you feel unwell or consider that it is unsafe
for you to continue, please stop the activity immediately and seek appropriate
advice. You also accept that it is entirely your responsibility to observe all
health and safety requirements and instructions that you may be given in
relation to activities. If you are participating in any activity that is offered
virtually for participation in a home or office environment, you should ensure
that your environment is safe, provides adequate space and is free of dangerous
or hazardous objects and materials. To the extent permitted by applicable law,
Informa and all entities within the Informa group (as well as any employees or
other representatives of the same) excludes all liability for any loss, injury,
disease or damage whatsoever that you may suffer in connection with or arising
from your participation in any activities offered as part of the programme
(including, without limitation, any activities held outside of, or incidentally
to, the main Event that you are attending), whether direct, indirect,
consequential, special, incidental or punitive loss, injury or damage
(including, without limitation, injury or disease to persons, property damage,
theft, loss of profits, loss of business, loss of opportunity, loss of goodwill,
loss or corruption of data or any other type of economic loss, injury or damage)
or otherwise. The limitations and exclusions in this paragraph only apply to the
extent permitted by applicable law.
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TERMS AND CONDITIONS – WEBSITE USE
This page (together with any other documents referred to on it) tells you the
terms of use (“Terms”) on which you may make use of our
website https://informatech.com/ (our “Site”). Please read these Terms carefully
before you start to use our Site. By using our Site, you indicate that you
accept these Terms and that you agree to abide by them. If you do not agree to
these Terms, please refrain from using our Site immediately.
We may revise these Terms at any time by amending this page. You are expected to
check this page from time to time to take notice of any changes we make, as they
are binding on you. Some of the provisions contained in these Terms may also be
superseded by provisions or notices published elsewhere on our Site.
Legal Entities
The table below summarises all the legal entities that are part of Informa Tech.
Informa Entity Company Number Address Duke Investments Inc 84-0922160 748
Whalers Way, Building E., Fort Collins CO 80525, USA Futurum Media Limited
09813559 5 Howick Place, London, SW1P 1WG, United Kingdom Informa Business
Media, Inc. N/A 605 Third Ave., 22nd Floor, New York, New York 10158, USA
Informa Data Service (Shanghai) Co. Ltd 91310000MA1FWDPL33 Room 6396, No. 650,
Dingxi Rd, Changning District, Shanghai, China Informa Intelligence GK
0100-03-029334 21st Floor, Otemachi Financial City North Tower, 1-9-5 Otemachi,
Chiyoda-ku, Tokyo, 100-0004 Japan Informa Markets (UK) Limited 00370721 5 Howick
Place, London, SW1P 1WG, United Kingdom Informa Media, Inc. N/A 605 Third Ave.,
22nd Floor, New York, New York 10158, USA Informa Tech Canada Inc. N/A 12th
Floor, 20 Eglinton Avenue West, Yonge Eglinton Centre, Toronto, ON M4R
1KB, Canada Informa Tech Founders Limited 12302369 5 Howick Place, London, SW1P
1WG, United Kingdom Informa Tech Germany GmBH HRB 247857 Westenriederstraße 19,
80331 München/Munich, Germany Informa Tech Korea Co. Ltd 110111-7157971 8F,
Woodo Building, 214, Mangu-Ro, Jungnang-Gu, Seoul 02121, Republic of Korea
Informa Tech Holdings LLC (formerly UBM LLC) N/A 605 Third Ave., 22nd Floor, New
York, New York 10158, USA Informa Tech LLC N/A 605 Third Ave., 22nd Floor, New
York, New York 10158, USA Informa Tech Research Limited 11971005 5 Howick Place,
London, SW1P 1WG, United Kingdom Informa Telecoms & Media Limited 991704 5
Howick Place, London, SW1P 1WG, United Kingdom Informa USA, Inc. N/A 605 Third
Ave., 22nd Floor, New York, New York 10158, USA ITF2 Limited 12294578 5 Howick
Place, London, SW1P 1WG, United Kingdom KNect365 US, Inc. N/A 605 Third Ave.,
22nd Floor, New York, New York 10158, USA Marketworks Datamonitor (PTY) LTD
2010/007877/07 Broadacres Business Centre, 3rd Avenue Broadacres, Johannesburg
2021, South Africa Ovum Pty Limited 063 393 973 Level 4, 267 Collins Street,
Melbourne, VIC 3000, Australia Singapore Exhibitions Services (Pte) Limited
197000345C 10 Kallang Avenue, #09-16 Aperia Tower 2, 339510 Singapore TMT Taiwan
Limited 108034462 Floor 10, No 66, Second 1, Neihu Road, Neiting District,
Taipei, Taiwan TU-Automotive Limited 9798474 5 Howick Place, London, SW1P
1WG, United Kingdom UBM Tech Research Malaysia Sdn Bhd 201901054579(1333908-H)
Unit 30-01, Level 30, Tower A, No. 8, Jalan Kerinchi, 59200 Kuala
Lumpur, Malaysia
INFORMATION ABOUT US
This site is operated by Informa Telecoms & Media Limited (“we”, “us” or “our”),
registered in the United Kingdom under company number 00991704. Our registered
office address is 5 Howick Place, London, SW1P 1WG, UK. All Informa Group UK
trading subsidiaries are registered for VAT under one UK VAT group: GB365462636.
Accessing our site
Access to our Site is provided on a temporary basis and we reserve the right to
withdraw access to our Site or amend the service we provide on our Site without
notice. We will not be liable if for any reason our Site is unavailable at any
time or for any period.
You are responsible for making all arrangements necessary for you to have access
to our Site. You are also responsible for ensuring that all persons who access
our Site through your internet connection are aware of these Terms, and that
they comply with them. You agree not to damage, interfere with or disrupt access
to the Site or do anything which may interrupt or impair its functionality.
Anything on our Site may be out of date at any given time, and we are under no
obligation to update it. We seek to ensure that information published on our
Site is accurate when posted, but we cannot be held liable for its accuracy or
timeliness and we may change the information at any time without notice. You
must not rely on information on the Site and you acknowledge that you must take
appropriate steps to verify this information before acting upon it.
Monitoring
We reserve the right to monitor and track your visits to the Site.
Intellectual property
We are the owner or the licensee of all copyright, trade marks, design rights,
database rights, confidential information or any other intellectual property
rights (together the Intellectual Property) in our Site. The Intellectual
Property in our Site is protected by copyright and other intellectual property
laws and treaties around the world. All such rights are reserved.
Licence
You are permitted to print and download extracts from the Site for your own use
on the following basis:
1. no documents or related graphics on the Site are modified in any way;
2. no graphics on the Site are used separately from the corresponding text; and
3. our copyright and trade mark notices and this permission notice appear in
all copies.
Unless otherwise stated, the copyright and other intellectual property rights in
all material on the Site (including without limitation photographs and graphical
images) are owned by us or our licensors. For the purposes of these Terms, any
use of extracts from the Site other than in accordance with this licence for any
purpose is prohibited. If you breach any of the terms in this legal notice, your
permission to use the Site automatically terminates and you must immediately
destroy any downloaded or printed extracts from the Site.
Subject to this licence, no part of the Site may be reproduced or stored in any
other website or included in any public or private electronic retrieval system
or service without our prior written permission. Any rights not expressly
granted in these terms are reserved. You agree not to adapt, alter or create a
derivative work from any of the material contained in this Site or use it for
any other purpose than for personal, non-commercial use.
Disclaimer
While we endeavour to ensure that the information on the Site is correct, we do
not warrant the accuracy and completeness of the material on the Site. We may
make changes to the material on the Site, at any time without notice. The
material on the Site may be out of date, and we make no commitment to update
such material.
Implied Terms
The express provisions of these Terms are in place of all warranties,
conditions, terms, undertakings and obligations implied by statute, common law,
trade usage, course of dealing or otherwise, all of which are excluded to the
fullest extent permitted by law.
Liability
The material on the Site is provided “as is”, without any conditions, warranties
or other terms of any kind.
We, any other party (whether or not involved in creating, producing, maintaining
or delivering the Site), and any of our group companies and the officers,
directors, employees, shareholders or agents of any of them, exclude all
liability and responsibility for any amount or kind of loss or damage that may
result to you or a third party (including without limitation, any direct,
indirect, punitive or consequential loss or damages, or any loss of income,
profits, goodwill, data, contracts, use of money, or loss or damages arising
from or connected in any way to business interruption, and whether in tort
(including without limitation negligence), contract or otherwise) in connection
with the Site in any way or in connection with the use, inability to use or the
results of use of the Site, any websites linked to the Site or the material on
such websites, including but not limited to loss or damage due to viruses that
may infect your computer equipment, software, data or other property on account
of your access to, use of, or browsing the Site or your downloading of any
material from the Site or any websites linked to the Site. Nothing in these
Terms shall exclude or limit our liability for:
1. death or personal injury caused by negligence (as such term is defined by
the Unfair Contract Terms Act 1977); or
2. fraud.
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising
from, or related to, a visit to our Site, although we retain the right to bring
proceedings against you for breach of these Terms in your country of residence
or any other relevant country.
These Terms and any dispute or claim arising out of or in connection with them
or their subject matter or formation (including, without limitation,
non-contractual disputes or claims) shall be governed by and construed in
accordance with the laws of England and Wales.
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TERMS AND CONDITIONS – ADVERTISING AND MARKETING
1. Definitions
In these Conditions, the following terms have the following meanings:
1. Advertising: any promotional and/or advertising element of the Package
set out in the Order Form (which may include, without limitation, both
online/digital and offline/printed advertising and/or Client’s
sponsorship of, provision of content for and/or delivery of viewable
and/or downloadable digital content such as white papers, eBooks,
newsletter advertising, and digital events (for example, webinars
and/or other content sessions) and/or other audience extension
services);
2. Client: the person, company, organization, association or other entity
set out in the Order Form that is purchasing the Package;
3. Conditions: these terms and conditions;
4. Contract: together, these Conditions and the Order Form;
5. Data Protection Law: all laws related to data protection and privacy
that are applicable to any territory where Informa or Client processes
personal data, where any element of the Package is provided and/or
where Informa or Client is established;
6. Deliverables: any item, feature and/or output in the supply of the
Package being provided pursuant to this Contract (including, without
limitation, any documents, products, content and materials);
7. Fees: the fees payable by Client for the Package set out in the Order
Form;
8. Force Majeure Event: any event or circumstance arising that is not
within Informa’s reasonable control (including, without limitation,
governmental regulations or action, imposition of sanctions, embargo,
military action, acts of terrorism or war, civil commotion or riot,
epidemic, pandemic, fire, acts of God, flood, drought, earthquake,
natural disaster, royal demise, third party contractor/supplier
failure, industrial dispute, interruption/failure of utility service or
nuclear, chemical or biological contamination);
9. Informa: the Informa Group legal entity set out in the Order Form that
is providing the Package;
10. Informa Group: includes any entity whose ultimate parent company is
Informa PLC;
11. Intellectual Property Rights: trademarks, trading names, domain names,
logos, rights in design, copyrights, database rights, moral rights,
goodwill, rights of confidence, know-how and trade secrets and all
other intellectual property rights or analogous rights, whether
registered or unregistered, that subsist now or in the future anywhere
in the world;
12. Marketing Services: any marketing services element of the Package set
out in the Order Form (which may include, without limitation,
syndicated content, the distribution of e-mails to third parties by way
of a promotional campaign, authenticated data services and data
enhancement services);
13. Materials: all content, materials and other information that is
provided by Client and/or its Personnel (including, without limitation,
Client’s name, profile, descriptions of products and/or services,
logos, copy, text, photographs, audios, videos, artwork and/or content
session data);
14. Order Form: the order form to which these Conditions are attached
and/or incorporated into by reference setting out the details of the
Package or such other document setting out the details of the Package
as Informa may choose in its sole discretion to accept;
15. Package: the package of products and/or services purchased by Client
set out in the Order Form (which may include, without limitation,
Advertising and/or Marketing Services), as may be updated by the
parties from time to time;
16. Personnel: any employee, consultant, agent, other representative or
contractor (or any employee, consultant, agent, or other representative
thereof) engaged or employed by a party in connection with the Package;
17. Publication: the publication, website, platform, media and/or other
property (in digital and/or printed format) set out in the Order Form
on and/or in which the Advertising shall be placed; and
18. Reportable Breach: any breach of security leading to the accidental,
unauthorized or unlawful processing of, destruction of, loss of,
corruption of, alteration to or access to personal data.
2. Package
1. Once submitted to Informa, an Order Form constitutes an offer to
purchase a Package in accordance with these Conditions and is
irrevocable by Client. Informa reserves the right to reject any Order
Form. A binding contract shall only come into effect when written
confirmation (whether by e-mail or otherwise) of acceptance is sent by
Informa to Client (whether or not it is received). Except as set out in
these Conditions, no variation of this Contract, including, without
limitation, any updates to the Package, shall be effective unless such
variation is agreed in writing by both parties. These Conditions apply
to this Contract to the exclusion of any other terms that Client seeks
to impose or incorporate, or which are implied by trade, custom,
practice or course of dealing.
3. Fees
1. Client shall pay the Fees in cleared funds in accordance with the
payment terms stated in the Order Form (or, if no such payment terms are
stated, all invoices are payable within thirty (30) days of Client’s
receipt of the same). Informa shall have no liability whatsoever if
Client pays the Fees (or any portion thereof) into any bank account
other than the bank account specifically designated by Informa to Client
for payment. In particular, Informa shall not be liable for any loss,
damage, cost, claim or expense suffered or incurred by Client and/or any
of its Personnel arising out of or in connection with third party fraud,
including, without limitation, false change of bank account
communications, identity theft and other scams. Payment of the Fees
into Informa’s designated bank account only shall satisfy Client’s
payment obligations under this Contract. To the extent that Client
receives any communication notifying Client of a change in Informa’s
designated bank account, Client is required to verify the authenticity
of the same directly with Informa. Without prejudice to any other right
or remedy it may have, if Informa does not receive the Fees into
Informa’s designated bank account in cleared funds by the due date for
payment, Informa shall be entitled to: (i) refuse and/or withdraw the
provision of any element of the Package and/or (ii) charge interest on
such overdue sum from the due date of payment at the rate of 1.5% per
month (18% per annum) or, if less, the maximum rate permitted by
applicable law, accruing on a daily basis and being compounded quarterly
until payment of the overdue sum is made, whether before or after
judgment. Where Informa takes any such action, Client shall not be
entitled to a refund of any portion of the Fees it has already paid in
respect of the Package and the Fees shall remain due and payable in
full.
2. It is the intent of the parties that Informa shall receive the Fees in
full and that any: (i) banking and other transfer of payment charges,
and (ii) applicable VAT, GST, sales and/or service taxes, shall be paid
solely by Client (in addition to the Fees). If and to the extent that
any withholding taxes are payable in connection with the whole or any
portion of the Fees, Client shall pay such withholding taxes directly to
the relevant tax authority and furnish Informa with a valid certificate
evidencing payment. To the extent that a valid certificate is not
provided, or to the extent that Informa is unable to recover the
withholding taxes, the amount of the Fees shall be increased by an
amount necessary to compensate for the withholding taxes (including,
without limitation, any amount necessary to “gross up” for withholding
taxes levied on the increase itself).
4. Client’s general obligations
1. Client shall comply with: (i) all laws (including, without limitation,
all laws relating to anti-bribery, anti-corruption, trade sanctions,
modern slavery and export controls), and (ii) all rules, regulations and
instructions issued by Informa from time to time in connection with any
element of the Package.
2. Client warrants, represents and undertakes that: (i) it has the right,
title and authority to enter into this Contract and perform its
obligations hereunder, and (ii) the person signing or otherwise legally
accepting this Contract on behalf of Client has the requisite authority
to do so.
3. Client shall cooperate, in good faith, with Informa in all matters
relating to the Package. Without limitation, Client shall provide
Informa with all information as Informa may reasonably request in
respect of the Package and shall ensure that such information is
accurate.
4. Client acknowledges and agrees that the terms of this Contract
(including, without limitation, the amount of the Fees) shall constitute
confidential information of Informa and Client undertakes that it shall
not at any time disclose the same to any third party.
5. Client acknowledges and agrees that use of any element of the Package
that is hosted on a website, app or other platform shall be further
subject to any terms of use and/or fair or acceptable use policies
indicated on such website, app or other platform. Without prejudice to
any other right or remedy it may have, if Client and/or any of its
Personnel is in breach of any terms of use and/or fair or acceptable use
policies indicated on such website, app or other platform, Informa
reserves the right without liability to suspend and/or disable Client’s
and its Personnel’s use of, access to, coverage within and benefits
related to such website, app or other platform.
5. Client’s commitments in respect of Materials
1. Client shall: (i) provide Informa with all Materials within any
deadlines specified by Informa, and (ii) comply with Informa’s
specifications and technical requirements in relation to all Materials.
If Client does not, Informa reserves the right to refuse to print,
publish or otherwise use any or all of the Materials (but all Fees in
respect of the Package shall remain due and payable in full).
2. Client warrants, represents and undertakes that the Materials are: (i)
accurate and complete, (ii) Client’s own original work (of which Client
is the copyright owner) or that Client has gained copyright and any
other applicable clearance, consent, approval, license or permission
from any relevant third party (including, without limitation, the
copyright owner and any regulatory authorities), in each case such that
Client has the right to make the Materials available to Informa in
connection with the Package without restriction and that they do not
breach or infringe anyone else’s rights (including, without limitation,
the Intellectual Property Rights of any third party), (iii) not in any
way defamatory, libelous, obscene, menacing, threatening, offensive,
abusive or fraudulent, (iv) not in any way illegal and that they do not
contravene any law or incite or encourage the contravention of any law,
(v) not and will not be the subject of any claims, demands, liens,
encumbrances or rights of any kind that could or will impair or
interfere with Informa’s use of the Materials in connection with the
provision of the Package, and (vi) if provided in digital form, free
from any viruses and any other malware or corrupting elements of any
kind and that they shall not cause any adverse effect on the operation
of any Informa system, publication, website, platform, media or other
property and/or on any users of any of the foregoing.
3. Without limitation to Condition 14.3, Client shall indemnify Informa
against any loss, damage, cost, claim or expense suffered or incurred by
Informa and/or any member of the Informa Group arising out of or in
connection with the Materials, including, without limitation, any third
party claim regarding: (i) the inaccuracy or incompleteness of
Materials, and/or (ii) any infringement of third party Intellectual
Property Rights relating to the Materials.
4. In relation to the Materials, Client: (i) and its licensors shall retain
ownership of all Intellectual Property Rights in the Materials, and (ii)
hereby grants to Informa a royalty-free, non-exclusive, worldwide
license to use the Materials in connection with the provision of the
Package. In relation to the Deliverables, unless otherwise set out in
the Order Form, Informa: (i) and its licensors shall retain ownership of
all Intellectual Property Rights in the Deliverables (excluding the
Materials), and (ii) hereby grants to Client a royalty-free,
non-exclusive, non-transferable, irrevocable (except due to a breach of
this Agreement), perpetual worldwide license to use the Deliverables
(excluding the Materials) for the purpose of receiving the Package and
provided the Deliverables are not separated from the Package and used on
a standalone basis. Any alteration of Deliverables shall require
Informa’s prior written consent.
5. Although Informa shall take reasonable care in the production of any
Deliverable incorporating the Materials, it shall not be liable for any
errors, omissions or misquotations that may occur. Without limitation
to the foregoing, Informa cannot guarantee any exact color matches in
its incorporation of Materials and any colors used in Materials are for
graphic and textual guidance only. All Materials are subject to the
approval of Informa (however, notwithstanding any such approval, Client
shall have sole responsibility and liability in respect of such
Materials). Informa reserves the right to reject any Materials at any
time after receipt (regardless of whether or not similar Materials have
previously been accepted and any such rejection shall not negate any
payments due in connection with products/services previously supplied).
Informa shall use its commercially reasonable efforts to provide the
Package in the size, position and manner as specified in the Order Form,
but shall not be liable where reasonable modifications are made.
6. Without prejudice to any other right or remedy it may have, if Client
and/or any of its Personnel is in breach of this Condition 5, Informa
reserves the right without liability to: (i) suspend and/or discontinue
the use of any Materials, and/or (ii) refuse and/or withdraw the
provision of any element of the Package.
6. Data protection
1. Each party acknowledges and agrees that it is responsible for its own
processing of personal data in connection with this Contract, including,
without limitation, any processing of personal data pursuant to a Data
List (as defined in Condition 6.2) (and, where applicable, the parties
agree that each party acts as a data controller for the purposes of the
UK Data Protection Act 2018 and the General Data Protection Regulation
(Regulation (EU) 2016/679)). Each party shall (i) only process personal
data in compliance with, and shall not cause itself and/or the other
party to be in breach of, Data Protection Law, and (ii) act reasonably
in providing such information and assistance as the other party may
reasonably request to enable the other party to comply with its
obligations under Data Protection Law. If either party becomes aware of
a Reportable Breach relating to the processing of personal data in
connection with this Contract, it shall (i) provide the other party with
reasonable details of such Reportable Breach without undue delay, and
(ii) act reasonably in co-operating with the other party in respect of
any communications or notifications to be issued to any data subjects
and/or supervisory authorities in respect of the Reportable Breach. If
either party receives any communication from any supervisory authority
relating to the processing of personal data in connection with this
Contract, it shall (i) provide the other party with reasonable details
of such communication, and (ii) act reasonably in co-operating with the
other party in respect of any response to the same. Informa collects,
uses and protects personal data in accordance with its privacy policy,
which can be found here: https://www.informa.com/privacy-policy/.
2. Without prejudice to the generality of Condition 6.1, Client
acknowledges and agrees that if it receives any list containing personal
data from Informa as part of the Package (a Data List), it shall: (i)
keep the Data List confidential and not disclose it to any third party,
(ii) only use the Data List for the purpose of making an initial
approach to contacts on the Data List in response to their engagement
with Client’s products and/or services as facilitated by the Package
and, if applicable, as has been otherwise agreed with Informa in
writing, (iii) securely delete or put beyond use all or any part of the
Data List upon Informa’s reasonable request or by such time as is
required by Data Protection Law, whichever is earlier, and (iv) provide
Informa with reasonable details of any enquiry, complaint, notice and/or
other communication it receives from any supervisory authority relating
to Client’s use of the Data List, and act reasonably in co-operating
with Informa in respect of Client’s response to the same. Client
acknowledges and agrees that Informa shall only be obliged to provide
Client with all or any part of a Data List to the extent that it is
legally permitted to do so and Informa shall not be liable if the volume
of personal data provided to Client is less than anticipated as a result
of Informa’s compliance with Data Protection Law.
7. Specific terms relating to Advertising
1. If Client purchases any Advertising as part of the Package, the terms of
this Condition 7 shall apply.
2. Informa shall use commercially reasonable efforts to adhere to any
delivery schedule set out in the Order Form.
3. Informa reserves the right, at its sole discretion, to place the word
“advertisement”, “sponsored” and/or a similar word or phrase alongside
the Advertising to distinguish it from any editorial product.
4. Unless Client has paid a placement premium or positioning is set forth
in the Order Form, the positioning of any Advertising is at Informa’s
sole discretion.
5. Client warrants, represents and undertakes that any Materials provided
in connection with the Advertising: (i) shall comply with any and all
codes of practice related to advertising, (ii) to the extent that they
contain any investment or financial promotion, are duly
approved/authorized as required under relevant legislation, (iii) to the
extent that they contain information relating to Client’s products
and/or services, such information is limited to generic information only
and is not advisory, and (iv) unless otherwise agreed with Informa in
writing, shall not promote the products and/or services of any of
Client’s affiliates and/or any third party.
6. Where all or any part of the Advertising comprises online/digital
Advertising: (i) Informa offers no guarantee against any Publication on
the internet being interrupted and/or temporarily unavailable, and (ii)
for impression-based deliverables (a) any timeframes set out in the
Order Form are estimated timeframes, dependent on the level of traffic
to any relevant Publication, and (b) any determination and/or
calculation of impressions shall be based on Informa ad server reports,
or if otherwise agreed by the parties, alternative third-party ad server
reports.
7. Where all or any part of the Advertising comprises Client’s sponsorship
of, provision of content for and/or delivery of a digital event (for
example, a webinar), Client acknowledges and agrees that, unless
otherwise set out in the Order Form: (i) Informa shall have sole
discretion over all aspects of the format of the digital event and what
the final content of the digital event shall be (including, without
limitation, the inclusion or otherwise of any speakers and/or additional
sponsors and/or additional content providers), and (ii) without
limitation to Client’s underlying rights in the Materials, all rights,
title and interests in and to the digital event shall belong to Informa.
8. Without prejudice to any other right or remedy it may have, if Client
and/or any of its Personnel is in breach of this Condition 7, Informa
reserves the right without liability to refuse and/or withdraw the
provision of any element of the Advertising.
9. Informa’s total liability in connection with the Advertising, howsoever
arising, shall be limited to the total amount of the Fees paid by Client
in respect of the Advertising only.
8. Specific terms relating to eBooks and White Papers
1. If the Package includes an eBook or white paper, the terms of this
Condition 8 shall apply.
2. eBooks and white papers vary in length, as specified in the Order Form.
Options include Client branding on the title page and a tagline within
the eBook or white paper, such as, “this white paper is sponsored by
___.” Inclusion of Informa branding of the eBook or white paper,
including identification of the analyst authoring the eBook or white
paper, is at the discretion of the Informa.
3. Unless stipulated otherwise in the Order Form, Client holds unlimited
distribution rights to the English-language version of the eBook or
white paper. Client may request the option of translating the eBook or
white paper into other languages for an additional fee. All translations
must be approved by Informa prior to distribution. For the avoidance of
doubt, Client shall not be permitted to alter the eBook or white paper
in any way, including in relation to both content and format, without
Informa’s consent.
9. Specific terms relating to Marketing Services
1. If Client purchases Marketing Services as part of the Package, the terms
of this Condition 9 shall apply.
2. Informa shall use commercially reasonable efforts to adhere to any
delivery schedule set out in the Order Form.
3. Where the Marketing Services include the distribution of e-mails to
third parties by way of a promotional campaign, at Informa’s request
Client shall: (i) maintain and deliver to Informa, by no later than five
(5) days prior to the start of a campaign, a true, correct and complete
suppression list containing e-mail addresses of those individuals who
have opted out or unsubscribed from receiving communications from and/or
relating to Client and/or any of its affiliates (a Suppression List),
and (ii) for the duration of the campaign, provide Informa with an
updated Suppression List, in a format specified by Informa, immediately
following each instance that an individual has requested to be opted out
or unsubscribed. To the extent that, pursuant to the Marketing
Services, any e-mails will be sent to any e-mail addresses provided by
Client and/or its Personnel, Client warrants, represents and undertakes
that Client has obtained all consents and permissions required for such
e-mails to be sent to such e-mail addresses and that no such e-mail
address appears on any Suppression List. Client shall indemnify Informa
against any loss, damage, cost, claim or expense (including, without
limitation, in connection with any regulatory action or fine) suffered
or incurred by Informa and/or any member of the Informa Group arising
out of or in connection with any breach by Client and/or its Personnel
of this Condition 9.3.
4. Without prejudice to any other right or remedy it may have, if Client
and/or any of its Personnel is in breach of this Condition 9, Informa
reserves the right without liability to refuse and/or withdraw the
provision of any element of the Marketing Services.
5. Informa’s total liability in connection with the Marketing Services,
howsoever arising, shall be limited to the total amount of the Fees paid
by Client in respect of the Marketing Services only.
10. Limitation of rights granted
1. Client’s rights in relation to the Package are strictly limited to those
set out in this Contract. Client is not permitted to promote or
advertise its association with Informa, except as expressly stated
herein or with the prior written consent of Informa. Except as
expressly stated herein, nothing in this Contract shall be construed as
granting to Client any right, permission or license to use or exploit
the Intellectual Property Rights of Informa and/or any member of the
Informa Group.
11. Changes to the Package
1. Notwithstanding any other provision of this Contract, Informa reserves
the right without liability at any time and for any reason to: (i) make
reasonable changes to the format, content, position, rotation, size,
style and/or timings (including, without limitation, the delivery
schedule) of any element of the Package (which may include, without
limitation, cancelling any element of the Package), and/or (ii) vary the
content, layout and/or format of any of its publications, websites,
platforms, media or other properties (including, without limitation,
changing the URL of any of its websites). If any such changes and/or
variations are made, this Contract shall continue to be binding on both
parties, provided that the Package shall be amended as Informa considers
necessary to take account of such changes.
12. Cancellation by Client
1. The application for the Package is irrevocable by Client and, except as
expressly stated in these Conditions and/or the Order Form, Client has
no rights to cancel this Contract. Except as expressly set out in these
Conditions and/or in the Order Form, no refunds shall be given and the
Fees shall remain due and payable in full.
2. To the extent that these Conditions and/or the Order Form expressly
permits cancellation by Client, Client may cancel the Package on written
notice to Informa, except where Informa has the right to terminate this
Contract under Condition 13.1. Upon any such cancellation by Client,
Client shall pay Informa such cancellation fees as are stated in these
Conditions and/or the Order Form.
3. Informa will make reasonable efforts to accommodate Client requests for
postponements or date changes to the Package, such decisions to be at
the sole discretion of Informa. Where it cannot be accommodated, a
Client postponement or date change will be treated as a cancellation and
all cancellation terms and fees outlined in 12.4 will apply. .
4. The following are specific cancellation rights of the Client, subject to
the applicable cancellation fees, with respect to the following products
and services:Online / Display Programs
Cancellation of Online programs (i.e., banners, newsletters, Welcome
Ads, Roadblocks, Bookends, In-Read, Native, Audience Extension,
NewsDesks) by Client within 61-days prior to the start date will result
in a cancellation fee equal to 50% of the program fee. Cancellation
30-60 days prior to the start date will result in 100% of the Program
fee. If Client cancels any such program(s), (i) Informa makes no
guarantees as to the number of impressions, (ii) Client is responsible
for payment for all impressions served and (iii) Client will be
responsible for payment of a short rate charge to the appropriate earned
level.Cancellation of Sponsored Articles by Client within 60-days before
the start date will result in a cancellation fee equal to 100% of the
program fee.Lead Generation Programs
Cancellation of Topic Alignment Program (TAP) within 60 days before the
launch date will result in 100% of the Program fee.
Cancellation by Client of a Content Syndication Program, which runs on a
Cost Per Lead basis, can be cancelled with 30-day notice. All leads
collecturing during a live program will result in payment.
Cancellation by Client of Editorial Research Report and Market
Leadership Programs/Tech Insights Programs within 60 days or less before
the scheduled date of the launch will result in a cancellation fee equal
to 100% of the program fee. Cancellation by Client within 61 – 90 days
before the scheduled date of the launch will result in a cancellation
fee equal to 50% of the program fee. Cancellation by Client 91 days or
more before the scheduled date of the launch will not result in a
cancellation fee.
Cancellation by Client of a Webinar program within 90 days or less
before the scheduled program start date will result in a cancellation
fee equal to 100% of the program fee. Cancellation by Client 91 days or
more before the scheduled program start date will not result in a
cancellation fee.
Cancellation by Client of a multi-sponsored Virtual Event Program more
than 90 days prior to the scheduled program start date will result in a
cancellation fee equal to 50% of the program fee. Cancellation by
Client within 90 days or less prior to the scheduled program start date
will result in a cancellation fee equal to 100% of the program fee.
Cancellation by Client of a single-sponsor/custom Virtual Events &
Virtual Summits program during or after the kick off call will result in
a cancellation fee equal to 100% of the program fee. Cancellation by
Client before the kick off call will not result in a cancellation fee.
Content Creation Programs* (all custom content)
Cancellation by Client of content creation programs before the program
kick off call will not result in a cancellation fee.
Cancellation by Client during or after the kick-off call, but prior to
any content drafts will result in a cancellation fee equal to 50% of the
program fee.
Cancellation by Client after the first content draft will result in a
cancellation fee equal to 100% of the program fee.
* Please note: Informa reserves the right to modify a promotional cycle
and may reschedule program start and end dates in the event of late
deliverables. For example: Informa may move pre-event promotion to an
on-demand period.
13. Termination
1. Informa may terminate this Contract without liability immediately at any
time by written notice to Client if Client: (i) is in material breach of
any of its obligations under this Contract and/or any other agreement
between Client and any member of the Informa Group and either the breach
is irremediable or Client has not remedied the breach (if the same is
capable of remedy) within fourteen (14) days of receiving written notice
of the breach (or such lesser period as would be required for the breach
to be remedied in sufficient time prior to any element of the Package
being provided on a scheduled date), (ii) goes into liquidation, is
declared insolvent, has an administrator appointed (or an application is
made for the same), ceases to carry on business or suffers any analogous
event in any jurisdiction, or (iii) is convicted of any criminal offence
or otherwise so conducts itself as to bring itself and/or Informa into
disrepute. Without prejudice to any other right or remedy it may have,
in the event that Informa terminates this Contract pursuant to this
Condition 13.1, Informa shall not be required to refund any Fees
received from Client and Informa shall be entitled to submit an invoice
in respect of the balance (or the whole as the case may be) of the Fees
which shall become immediately due and payable.
2. Informa may terminate this Contract without liability immediately at any
time by written notice to Client if Informa: (i) determines in its
absolute discretion that the provision of the Package to Client is not
in Informa’s legitimate commercial interests, and/or (ii) is required by
any law or instructed by any financial institution to cease trading with
certain individuals/entities and/or in certain geographical locations.
In the event that Informa terminates this Contract pursuant to this
Condition 13.2, any portion of the Fees already paid shall be refunded
(where legally permissible) and Client shall be released from paying any
further portion of the Fees. Client acknowledges and agrees that the
refund of Fees paid is Client’s sole remedy in the event of termination
by Informa under this Condition 13.2 and all other liability of Informa
is hereby expressly excluded.
3. Upon any termination of this Contract, without prejudice to any other
right or remedy it may have, Informa shall be free to re-sell any
aspects of the Package as it shall deem fit.
4. Termination of this Contract shall not affect any rights, remedies,
obligations or liabilities of either party that have accrued up to the
date of termination.
5. Conditions 1, 3, 5.3, 6, 7.9, 9.3, 9.5, 10, 12, 13, 14, 15 and 16 shall
survive termination of this Contract.
14. Liability and Indemnity
1. Informa does not make any warranty as to the Package in general,
including, without limitation, in relation to the benefit and/or outcome
(commercial or otherwise) that Client may achieve, and/or the type/level
of audience that Client may reach, as a result of purchasing any element
of the Package and/or participating in any match-making initiatives,
transactions or other deals/arrangements with third parties. Without
limitation to the foregoing: (i) if the Order Form refers to a
“guarantee” (or similar promise) as to number of leads, number of
attendees, number of participants, number of clicks, number of
impressions, viewability and/or any other matter (any of the foregoing,
a Guarantee), such language shall be deemed only to require Informa to
make commercially reasonable efforts to achieve the applicable threshold
for such metric; provided that if such a “guarantee” is not met Informa
shall either (a) provide to Client an acceptable makegood, (b) extend
the applicable program/campaign until the “guarantee” is met, or (c)
only invoice (or re-invoice) for the portion actually delivered, and
(ii) where applicable, Informa shall not be liable to the extent that
the volume of end contacts reached, contacted and/or provided to Client
pursuant to the Package is less than anticipated as a result of
Informa’s compliance with Data Protection Law. Except as set out in
these Conditions, to the fullest extent permitted by law, Informa
excludes all terms, conditions, warranties, representations and
undertakings relating to the Package that are not expressly stated
herein.
2. Subject to Condition 14.5: (i) neither Informa nor any member of the
Informa Group shall be liable for any (a) indirect, consequential,
special, incidental or punitive loss or damage, loss of actual or
anticipated profits or income, loss of business, loss of opportunity,
loss of goodwill, loss or corruption of data or any other type of
economic loss or damage, or (b) loss (or theft) of, injury to, illness
of or damage to the person, property and effects of Client and/or any of
its Personnel and/or any third party, whether (a) or (b) is caused by
negligence, intentional act, accident, act of God or otherwise, and (ii)
Informa’s (and any member of the Informa Group’s) maximum aggregate
liability to Client and its Personnel under this Contract or otherwise
in connection with the Package, howsoever arising, shall be limited to
the total amount of the Fees paid by Client.
3. Client shall indemnify Informa against any loss, damage, cost, claim or
expense suffered or incurred by Informa and/or any member of the Informa
Group arising out of or in connection with: (i) any loss of or damage to
any property or injury to, illness of or death of any person caused by
any act or omission of Client and/or its Personnel, (ii) any third party
claim that the receipt and/or use of the Materials in connection with
the Package constitutes an infringement of the Intellectual Property
Rights of any third party, (iii) any breach by Client and/or its
Personnel of any law and/or code of practice related to advertising, and
(iv) where Client receives any Data List as part of the Package, any
failure of Client and/or its Personnel to comply with Condition 6.2.
4. Informa shall not be in breach of this Contract nor liable for delay in
performing, or failure to perform, any of its obligations under this
Contract if such delay or failure results from a Force Majeure Event
and/or from any delay, failure or error on the part of Client in
providing cooperation, performance and/or approvals, consents,
information and/or Materials as contemplated by this Contract. For the
avoidance of doubt, nothing in this Condition 14.4 shall excuse Client
from the payment of the Fees under this Contract.
5. Nothing in these Conditions shall exclude or limit any liability which
cannot be excluded or limited by law.
6. Client acknowledges and agrees that, in light of the Fees, the
provisions of this Condition 14 are no more than is reasonable to
protect Informa as the provider of the Package.
15. General
1. Nothing in this Contract shall create a partnership, joint venture or
agency relationship between the parties.
2. If and to the extent that there is any conflict between these Conditions
and the Order Form, the terms of the Order Form shall prevail.
3. Each party acknowledges and agrees that this Contract constitutes the
entire agreement between the parties in relation to the Package and that
it supersedes any and all prior oral or written understandings,
communications or agreements with respect to the subject matter hereof.
4. Client may not assign or sub-contract any of its rights or obligations
under this Contract without the prior written consent of Informa.
Informa shall be entitled to assign any and all of its rights under this
Contract to any member of the Informa Group and the consent of Client
shall not be required. Informa shall be entitled, without the consent
of Client, to sub-contract any and all of its obligations under this
Contract to any member of the Informa Group or any third party
contractor assisting Informa with the facilitation of the Package.
5. No failure by either party in exercising any right or remedy shall
operate as a waiver of the same. No waiver by either party of any
breach by the other party shall be considered as a waiver of any
subsequent breach of the same or any other provision of this Contract.
The rights and remedies under this Contract are cumulative and are not
exclusive of any rights or remedies provided by law.
6. If any provision of this Contract is or becomes invalid, illegal or
unenforceable, that provision 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 shall be deemed
deleted. Any modification to or deletion of a provision under this
Condition 15.6 shall not affect the validity and enforceability of the
rest of this Contract.
7. Unless it is expressly stated otherwise, this Contract does not give
rise to any rights for a third party to enforce any term of this
Contract. The rights of the parties to terminate, rescind or agree any
variation, waiver or settlement under this Contract are not subject to
the consent of any other person.
8. Informa reserves the right to set off any indebtedness of Client to
Informa against any indebtedness of Informa to Client, regardless of
whether any such indebtedness arises pursuant to this Contract or
otherwise.
9. Any notice or other communication given to a party under or in
connection with this Contract shall be in writing (which includes,
without limitation, e-mail).
16. Governing law and jurisdiction
1. If the Informa Group legal entity set out in the Order Form that is
providing the Package is organized or incorporated under the laws of a
US state or a Canadian province, then this Contract shall be governed
and construed in accordance with the laws of the State of New York,
exclusive of any choice of law rules and the Client submits to the
exclusive jurisdiction of the federal and state courts located in the
State of New York having subject matter jurisdiction.
2. If the Informa Group legal entity set out in the Order Form that is
providing the Package is organized or incorporated under the laws of
England, Wales or any other jurisdiction, then this Contract shall be
governed and construed in accordance with the laws of England and Wales
and the Client submits to the exclusive jurisdiction of the courts
located in England and Wales having subject matter jurisdiction. Nothing
in this Condition 16.2 shall prevent or restrict Informa from pursuing
any action against the Client in any court of competent jurisdiction.
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