This page (together with the documents referred to on it) contains the terms and conditions on which we will allow you access to the Global Energy Systems Conference 2013 (the “Event”) and supply such of the services (“Services”) listed on our website www.globalenergysystemsconference.com (“our site”) as you request. Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
By placing an order with us you are accepting these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our site.
1 Information about us
www.globalenergysystemsconference.com is a site operated by Sustainable Community Energy Network Limited (“we”). We are registered in Scotland under company number SC407230. and with our registered office at 51/2 Lothian Road, Edinburgh, EH1 2DJ
2 Your status
By placing an order through our site, you warrant that:
you are legally capable of entering into binding contracts; and
if you are an individual, you are at least 18 years old.
3 How the contract is formed between you and us
After placing an order via our website, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Services specified in the order. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms your attendance (the “Attendance Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Attendance Confirmation.
The Contract will relate only to those Services whose provision we have confirmed in the Attendance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services has been confirmed in a separate Attendance Confirmation.
These Conditions shall:
apply to and be incorporated into the Contract; and
prevail over any inconsistent terms or conditions contained, or referred to, in any purchase order, confirmation of order, acceptance of a quotation, or specification or other document supplied by you, or implied by law, trade custom, practice or course of dealing.
4 Commencement and duration
The Services supplied under the Contract shall be provided by us to you on the dates and at the times specified in the applicable Attendance Confirmation.
We will use reasonable endeavours to provide the Services to you in accordance in all material respects with the Attendance Confirmation.
6 Your obligations
To enable us to provide the Services to you, you must:
co-operate with us in all matters relating to the Services; and
provide us, in a timely manner, with such information as we may require and ensure that it is accurate in all material respects.
If our performance of our obligations under the Contract is prevented or delayed by any act or omission on your part, or that of your agents, subcontractors, consultants or employees, we will not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
You will be liable to pay us, on demand, all reasonable costs, charges or losses sustained or incurred by us (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from your fraud, negligence, failure to perform or delay in the performance of any of your obligations under the Contract, subject us confirming such costs, charges and losses to you in writing.
7 Price and payment
The price of the Services will be as quoted on our site from time to time, except in cases of obvious error.
These prices exclude VAT, unless otherwise specified.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Attendance Confirmation.
We are under no obligation to provide the Services to you at an incorrect (lower) price, even after we have sent you an Attendance Confirmation, if the pricing error is obvious and could have reasonably been recognised by you as a mis-pricing.
Payment for all Services must be by credit or debit card. On request, and at our discretion, we may allow you to pay by invoice.
If we allow you to pay by invoice, payment must be made within 14 days of the date of our invoice to you, and in any event, no later that the date on which the Services (or some part of them) are to be provided. If payment has not been received by the date on which the Services (or some part of them) are to be provided, we may, without liability to you, refuse to provide the Services as requested and/or at all.
Time for payment shall be of the essence of the Contract.
We may, without prejudice to any other rights we may have, set off any liability you have to us against any liability we have to you.
8 Intellectual property rights
As between you and us, all intellectual property rights and all other rights in all items delivered to you as part of, or in connection with, the Services, shall be owned by us. We license all such rights to you free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable you to make reasonable use of the Services for the duration of the Services.
9 Our refunds policy
10 Our liability
This condition 10 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect of:
any breach of the Contract including any deliberate breach of this Contract by us, or our employees, agents or subcontractors;
any use made by you of the Services or any part of them; and
any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
Nothing in these conditions limits or excludes our liability:
for death or personal injury resulting from negligence; or
for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us; or
for any other liability which cannot be excluded by law.
Subject to condition 10.2 and condition 10.3:
we will not be liable for loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the price received by us from you for the Services.
11 Our status
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
12 Data protection
You acknowledge and agree that details of your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by us and on our behalf in connection with the Services.
13 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Sustainable Community Energy Network Limited via Alex Robertson – email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when submitted via the appropriate form on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15 Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16 Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks;
the acts, decrees, legislation, regulations or restrictions of any government; and/or
failure on the part of our subcontractors.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19 Entire agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
Nothing in this clause shall limit or exclude any liability for fraud.
20 Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in any of the Services.
You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Attendance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Attendance Confirmation).
Rights of third parties
A person who is not a party to the Contract shall not have any rights under or in connection with it.
22 Law and jurisdiction
Contracts for the purchase of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Scotland.