Terms and Conditions
version 1.0/ss
1. DEFINITIONS
1.1 In the Agreement the following words and phrases will have the following meanings:
Agreement: the Conference Terms and the Registration Form;
Applicant: the party named as such on the Registration Form;
Applicant Credit Card: the credit card specified by the Applicant on the Registration Form;
Approved WSTC Registrant: someone whose conference application has been successfully processed by the WSTC Conference Organiser;
Cancellation Notice: has the meaning prescribed to it in clause 3.11;
Conference Packages: entrance to the Conference on each of the Conference Dates, entrance to the Conference exhibition, entrance to the Conference opening ceremony, delegate material, coffee break refreshments;
Conference Terms: these conference terms and conditions;
Conference Venue: The Queen Elizabeth II Conference Centre, Broad Sanctuary, Westminster, London SW1P 3EE;
Conference Website(s): the website(s) operated by or on behalf of WSTC from the domains www.wstc2012.com;
Delegate: an Approved WSTC Registrant;
WSTC: World Sports Trauma Congress & 7th EFOST Congress
WSTC Conference Team: WSTC Conference Team, Global Conference Organisers B.V., whose registered office is at P.O. Box 1091, 3360B Sliedrecht, the Netherlands;
GCO: (Professional Conference Organiser) Global Conference Organisers B.V., whose registered office is at P.O. Box 1091, 3360B Sliedrecht, the Netherlands;
Registration Form: the WSTC registration form entitled as such which is available on the Conference Website and as a hard copy;
1.2 In the Agreement:
1.2.1 the singular includes the plural and vice versa;
1.2.2 references to gender include references to all genders;
1.2.3 unless otherwise stated, references to clauses are to clauses of the Agreement;
1.2.4 the clause headings are for reference only and will not affect the construction or interpretation of the Agreement;
1.2.5 references to statutes, any statutory instrument, regulation or order will be construed as a reference to such statute, statutory instrument, regulation or order as amended or re-enacted from time to time.
1.3 In the event of conflict, the Conference Terms will prevail over the Registration Form.
2. APPLICATION OF TERMS
2.1 The Registration Form submitted by the Applicant will be deemed to be an offer by the Applicant for the Delegate to attend the Conference subject to the terms and conditions of these Conference Terms. If the Applicant’s offer will be accepted upon WSTC or the WSTC Conference Team a written notification to the Applicant will be sent, confirming that the Applicant’s Registration Form has been accepted.
2.2 No terms or conditions endorsed on, delivered with or contained in the Applicant’s purchase order, confirmation of order or other document will form part of the Agreement simply as a result of the document being referred to in the Agreement.
3. CONFERENCE AND PACKAGES
3.1 WSTC will hold the Conference at the Conference Venue on the Conference Dates.
3.2 The parties acknowledge that a number of packages are available to prospective delegates for attendance at the Conference.
3.3 The Delegate may benefit from the Conference Package if the following conditions are satisfied: (i) the person is an Eligible Applicant
3.4. The Rate for the Conference Package is (incl. any applicable sales tax)
- if the Applicant’s Registration Form is accepted by WSTC before 12:00 (GMT) 31 May 2012: then early GBP rates apply
- if the Applicant’s Registration Form is accepted by WSTC after 12:00 (GMT) 31 May 2012 and before 12:00 (GMT) 20 September 2012: then mid GBP rates apply
- if the Applicant’s Registration Form is accepted by WSTC after 12:00 (GMT) 20 September 2012: then late/onsite GBP rates apply
4. PRICE AND PAYMENT
4.1 In consideration of WSTC providing the Delegate with the opportunity to attend the Conference, the Applicant will pay WSTC the Registration Fee.
4.2 The Applicant will submit payment of the Registration Fee with his Registration Form.
4.3 The Applicant hereby irrevocably authorises GCO to, on behalf of WSTC, charge the Registration Fee to the Applicant Credit Card in accordance with clause 4.2.
4.4 Upon payment of the Registration Fee and, if applicable, upon receipt of satisfactory Eligibility Documents (as determined by WSTC in its sole opinion), WSTC or the WSTC Conference Team will send the Applicant written notice confirming that the Applicant’s Registration Form has been accepted (in accordance with clause 2.1), and WSTC will then reserve a place for the Delegate to attend the Conference on the terms of the relevant package specified on the Applicant’s Registration Form.
5. CANCELLATION
5.1 The Applicant may cancel its registration by sending written notice of such cancellation (“Cancellation Notice”) to the WSTC Conference Team.
5.2 In the event that WSTC receives the Applicant’s Cancellation Notice:
(i) before 12:00 (GMT) 31 May 2012, WSTC will refund the Applicant 50% of the Registration Fee; and
(iii) after 12:00 (GMT) 31 May 2012, no refund will be payable to the Applicant.
5.3 The parties acknowledge that each delegate contract relating to the Conference is deemed to be separate and independent to other delegate contracts (including the Agreement) and that any variation and/ or waiver to a third party delegate contract will not affect the parties’ rights and obligations under the Agreement unless such variation and/ or waiver is made in accordance with the terms of the Agreement.
6. WARRANTIES AND LIABILITY
6.1 The Applicant warrants to WSTC that the information stipulated by the Applicant on the Registration Form is true, complete and accurate.
6.2 The Applicant warrants to WSTC that it is authorised to provide WSTC with the Applicant Credit Card for payment of the Registration Fee.
6.3 Save as expressly specified in the Agreement, all terms, conditions, warranties, representations, or guarantees whether express or implied relating to the performance, quality or fitness for purpose of any part of the goods and/ or services provided by WSTC under the Agreement are, to the fullest extent permitted by law, hereby excluded.
6.4 The entire financial liability of WSTC in respect of breaches of the Agreement or of any other duty to the Applicant or for negligence in connection with the subject matter of the Agreement will be limited to the amount of the Registration Fee.
6.5 In no event shall WSTC be liable to the Applicant for any of the following however and whenever arising:
6.5.1 loss of profits; or
6.5.2 loss of business; or
6.5.3 loss of revenue; or
6.5.4 loss of data; or
6.5.5 loss of goodwill; or
6.5.6 loss of anticipated savings; or
6.5.7 any special, indirect, consequential or pure economic loss, damage, costs or expense.
6.6 The Applicant will indemnify WSTC forthwith upon demand in respect of any loss, damage, cost or expense suffered or incurred by WSTC as a result of the Applicant breaching any of its obligations in the Agreement.
7. TERMINATION
7.1 Notwithstanding any other provisions herein contained, and without prejudice to any other rights that WSTC may have, EWSTC may forthwith terminate the Agreement by written notice to the Applicant if any of the following events occur:
7.1.1 if the Applicant is in substantial breach of a provision of the Agreement and fails to remedy such breach (if capable of remedy) within 14 days of having received written notice of breach; or
7.2 Termination or suspension of the Agreement will be without prejudice to any accrued rights or obligations of either party.
8. FORCE MAJEURE
8.1 In the Agreement, “Force Majeure” means any cause which results in the failure or delay in the performance of either party’s obligations under the Agreement which arises from or is attributable to circumstances beyond the reasonable control of the defaulting party including without limitation acts of God, war (declared or undeclared) strikes, labour disputes, labour unrest, governmental regulation, civil disturbance, terrorism, disaster, fire, earthquakes, hurricanes, unreasonable extreme inclement weather, curtailment of transportation facilities, public utility failure, declaration of a “high” or “severe” risk of terrorist attack by the British government, issuance of a travel advisory for the United Kingdom by the World Health Organization, or any other comparable condition making it inadvisable, illegal or impossible for either party to perform its obligations hereunder.
8.2 WSTC reserves the right to defer or to cancel the Conference (without liability to the Applicant) in the event of a Force Majeure.
8.3 If WSTC cancels the Conference pursuant to clause 8.2, WSTC will refund the Delegate with the Registration Fee.
9. DATA PROTECTION
9.1 WSTC will process personal information (“Information”) as defined in the Belgian law of 8 December 1992 on Privacy Protection in relation to the Processing of Personal Data as modified by the law of 11 December 1998 implementing Directive 95/46/EC, provided by the Applicant to WSTC in accordance with applicable data protection law and this clause 8. The Applicant consents to WSTC using Information as follows:
9.1.1 WSTC will obtain, record, store and use Information as necessary in connection with the Conference including transfer of Information to employees, agents and third parties as required for this purpose;
9.1.2 WSTC may transfer its business assets (which includes Information) on re-organisation, sale or merger of the whole or any part of its business;
9.1.3 WSTC reserves the right to process Information as required for marketing purposes, to obtain legal advice, comply with legal requirements, enforce or apply any agreements (including the Agreement) and protect the rights, property or safety of WSTC, its clients and others; and
9.1.4 WSTC may transfer Information outside the European Economic Area for any of the purposes listed in this clause 8.
9.2 If WSTC intends to process Information other than as set out above the Applicant will receive notice and be given the opportunity to decline the processing.
10. GENERAL
10.1 The Agreement contains the whole agreement between the parties in respect of subject matter of the Agreement and supersedes any prior written or oral agreement between them relating to it and the parties confirm that they have not entered into the Agreement on the basis of any representations that are not expressly incorporated in the Agreement. Nothing in the Agreement will, however, operate to limit or exclude any liability for fraud.
10.2 No amendment to the Agreement will be binding unless made in writing and signed by an authorised representative of each of the parties.
10.3 The Delegate may not assign, charge or otherwise transfer to a third party any of its rights or obligations hereunder without the prior written consent of WSTC. WSTC may assign, charge or otherwise transfer to a third party any of its rights or obligations hereunder without the prior written consent of the Delegate.
10.4 No waiver of any breach of the other party's obligations hereunder will represent a waiver of the waiving party's rights hereunder or of any subsequent breach.
10.5 No term of the Agreement will be enforced by a third party (being any person other than the parties and their permitted successors and assignees).
10.6 Any notice to effect suspension or termination of the whole or any part of this Agreement:
10.6.1 will be made in writing and either delivered personally, sent by registered mail or via e-mail if the Applicant has stated that e-mail is his preferred method of communication on the Registration Form, to the party to whom the notice is addressed at its address as set out in clause 9.6.3 or such other address as either party may specify by notice in writing to the other;
10.6.2 in the absence of evidence of earlier receipt will be deemed to have been duly given:
(a) if delivered personally, when left at the address referred to in clause 9.6.1;
(b) if sent registered mail, at the time recorded by the delivery agent; or
(c) if sent by e-mail, at the time of despatch; and
10.6.3 the addresses for service of notice are as follows:
(a) WSTC’s address is c/o GCO B.V, whose registered office is at P.O. Box 1091, 3360B Sliedrecht, the Netherlands; and the relevant e-mail address is info@wstc2012.com; and
(b) the Applicant’s address and e-mail address are that specified on the Applicant’s Registration Form.
10.7 If any provision of the Agreement is held to be void or unenforceable in whole or in part, the Agreement will continue to be valid as to the other provisions thereof and the remainder of the affected provision.
10.8 The Agreement will be binding on and will continue for the benefit of the permitted successors and permitted assigns (as the case may be) of each of the parties.
10.9 Nothing in the Agreement is intended to, or shall be deemed to, constitute a contract of employment.
11. APPLICABLE LAW
The Agreement will be governed by and construed in accordance with Belgian Law and each party to the Agreement submits to the exclusive jurisdiction of the Belgian courts.