Booking Terms and Conditions

SUBSCRIPTION TERMS AND CONDITIONS
COMMERCIAL PARTNERSHIPS TERMS AND CONDITIONS
DELEGATE TERMS AND CONDITIONS
TERMS & CONDITIONS FOR ENTRANTS TO AWARDS

SUBSCRIPTION TERMS AND CONDITIONS

These Terms, together with any terms and conditions stated in the Order Form, set out the terms and conditions of your subscription for Marketing Week Content.

1. DEFINITIONS AND INTERPRETATION

1.1. The following definitions apply to these Terms:

“Affiliates” means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with another entity;

“Authorised Users” means those employees in your organisation who are entitled to have access to the Content as specified in the Order Form, which shall be a fixed number of employees and subject to any limitations set out in the Order Form;

“Business Days” means any day other than a Saturday or Sunday or any day which a public holiday in the UK is;

“Content” means the publications, articles, materials, documents, data, research, reports and/or other information that is provided to subscribers by us or one or more of our Affiliates, in print copy or in electronic format as applicable;

“Control” means, in respect of any corporate entity, the beneficial ownership of more than 50% of the issued share capital of that entity or the legal power to direct or cause the direction of the general management of that entity, and Controls and Controlled shall be construed accordingly;

“Data Protection Legislation” means all applicable data protection, privacy and electronic marketing legislation including Regulation (EU) 2016/679 (“GDPR”), the GDPR as it forms part of the laws of the UK by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (“UK GDPR”) and any related national legislation including the Data Protection Act 2018, any national legislation implementing Directive 2002/58/EC including the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended) and any replacement or repealing legislation;

“Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation 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, or failure of public or private telecommunications networks;

“Intellectual Property Rights” means any and all present and future, patents, inventions, know- how, trade secrets and other confidential information, trademarks, service marks, logos, emblems, badges, mascots, insignia, identifying music and sounds, get-up, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, the sui generis rights of extraction relating to databases, design rights and other intellectual property rights of whatever nature, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;

“Offers” is defined in clause 5.11;

“Offer-specific Terms” is defined in clause 5.11;

“Order” means an order for Content placed by you with us pursuant to an Order Form in accordance with these Terms (and “Ordered” shall be construed accordingly);

“Order Form” is defined in clause 2.1.1;

“Payment Methods” is defined in clause 5.6;

“Personal Data” has the meaning given to it in the GDPR or the UK GDPR as applicable;

“Renewal Notice” is defined in clause 8.3;

“Renewal Term” means a period of 12 months (or such other period as shall be specified in the Renewal Notice and/or Order Form) following the expiry of the Initial Term or the immediately preceding Renewal Term (as the case may be);

“Subscription” means your subscription for Content which is subject to these Terms, (and “Subscribe” shall be construed accordingly);

“Terms” means these subscription terms and conditions which apply to your Subscription;

“us or we” means MWCR Limited, the legal entity specified on the Order Form;

“Website” means the website for the Subscription specified on your Order Form, being https://www.marketingweek.com/

“you” means you, the business user (being either an individual acting in the course or in relation to your business, trade or profession or a corporate entity) which has placed an Order either yourself, or in the case of a corporate entity via an individual who is authorised to place an Order on your behalf, and each of your Authorised Users.

1.2 References to clauses are to the clauses of these Terms.

1.3 References to words following the terms including, include, in particular, such as, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.4 The clause headings are included for convenience only and shall not affect the interpretation of these Terms.

1.5 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.

A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular and a reference to one gender shall include a reference to the other genders
A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and a reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
A reference to these Terms or to any other agreement or document referred to in these Terms is a reference to these Terms or such other agreement or document as varied (other than in breach of the provisions of these Terms) from time to time.
In the event of conflict between a clause in these Terms, the Order Form and any document incorporated by reference into these Terms, the document higher in the order of precedence listed below will prevail in relation to such conflict:
- the Order Form;
- the provisions of these Terms; and

1.11.3 any document incorporated by reference.

2. ORDERS AND FORMING YOUR SUBSCRIPTION

2.1 An offer is made by us for the provision of the Services pursuant to these Terms when we provide a completed order form summarising your Order (the “Order Form”) to you. These Terms shall come into force and bind the parties upon your acceptance. Your can accept these Terms by:

2.1 manually signing the Order Form and emailing a scan of the signed form to us;

2.2 electronically signing the Order Form where such option is made available by us;

2.3 confirming by email that you accept the Order Form and attaching it to such email; or

2.4 in the case of an Order placed via our Website, electronically submitting your Order to us in accordance with the instructions set out on the Website.

2.3 Please note that your use of our Website is governed by our Website Terms and Conditions at https://www.marketingweek.com/terms-conditions/ and that we will use any Personal Data you provide to us in connection with your Subscription in accordance with our Privacy Policy which can be found at https://www.marketingweek.com/privacy-policy/.

2.4 You, the business user, will ensure that all Authorised Users and any other person using your Subscription pursuant to these Terms is made aware of and complies with these Terms, our Website Terms and Conditions, our Privacy Policy and any other terms and conditions applicable to your Subscription (as notified to you by us from time to time).

2.5 You, the business user, will ensure that Authorised Users are aware that we may share information about their use of Subscriptions with you (in accordance with our Privacy Policy).

2.6 If there is any conflict between our Website Terms and Conditions or Privacy Policy and these Subscription Terms and Conditions, then these Subscription Terms and Conditions shall govern and take precedence.

2.7 As noted in the definitions above, you acknoweldge that you are a business and/or corporate entity effecting the Order through an authorized individual, and you are not purchasing the Content as an individual consumer.

3. PROVIDING CONTENT

3.1 Following conclusion of your Order in accordance with clause 2, we shall supply you with the Content. The amount and type of Content we supply you with and the duration for which we will supply it is set out in the Order Form.

3.2 Where we say that we will provide you with the Content, or with access to the Content, this means that we will provide you with the relevant type of access for the Content, as specified in your Order Form. For example, where your Order is for print copy Content only, a reference to us providing you with Content is a reference to us delivering print copy Content to you, and where your Order is for a mixture of print copy and digital Content, a reference to us providing you with the Content is a reference to us delivering print copy Content in relation to the print copy part of that Order and a reference to us making available digital Content through the internet in relation to the digital part of that Order.

3.3 Where the Content consists (solely or partly) of digital Content:

3.3.1 we grant you a limited, non-exclusive, non-transferable licence to use the Content for the duration of these Terms in accordance with these Terms;

3.3.2 the licence granted in clause 3.3.1 is limited, if applicable, to the number of Authorised Users specified in your Order Form.

3.4 We will carry out our obligation to provide you with Content with reasonable skill and care.

3.5 We shall endeavour to provide constant, uninterrupted access to the Website and the Content, but we cannot and do not guarantee to do so. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. You are responsible for making all arrangements necessary for you to have access to our Website.

3.6 If the Website is unavailable for a continuous period of 14 days, you may terminate your Subscription immediately by giving written notice to us. If you exercise this right, our sole liability to you shall be to refund you, on a pro rata basis, the charges paid by you for the portion of your Subscription remaining after the date on which the Website ceased to be available.

4. YOUR CONTENT OBLIGATIONS

4.1 You agree that you shall, and (where applicable) shall procure that your Authorised Users shall, only access, use, reproduce, modify, license, download, print or otherwise make available the Content for your own business use within your company. Neither you nor your Authorised Users may provide the Content to any individuals outside your company, nor to any individuals within your company who are not Authorised Users, without our prior consent.

4.2 You agree that you:

4.2.1 shall not use the Content to develop or provide, directly or indirectly, any product or service that competes with our business or any of our Affiliates’ businesses;

4.2.2 shall not use the Content in any way which might infringe any third-party rights, including third party Intellectual Property Rights;

4.2.3 shall not, to the extent the Content contains Personal Data, share that Personal Data with any third party or use the Personal Data other than for purposes for which the Content is expressly provided;

4.2.4 shall, to the extent the Content contains Personal Data, comply with any obligations you may have under Data Protection Legislation;

4.2.5 shall, to the extent the Content contains Personal Data, take appropriate technical and organizational measures to keep such Personal Data secure;

4.2.6 shall not use the Content in any way that is contrary to applicable law;

4.2.7 shall not modify, decompile or reverse engineer any software supplied as part of the Content;

4.2.8 shall not alter any copyright notice or other noties indicating rights in Content; and

4.2.9 shall not commercially exploit the Content.

4.3 You shall, or where applicable each of your Authorised Users shall, set up a user name and password on the Website to access the Content. You acknowledge and agree that all user name(s) and password(s) are personal to the applicable Authorised User(s) and you shall ensure, as a principal obligation, that the Authorised User(s) shall treat such logins, passwords and other Authorised User identification as confidential and not disclose, share or transfer them to any person. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention. Without prejudice to any other right or remedy available to us, we have the right to disable any user name, password or other Authorised User identification at any time if, in our sole opinion, you or any Authorised User has failed to comply with this clause. We may monitor usage to detect non-compliance with this clause including unauthorised password sharing.

4.4 We may add Authorised Users on your behalf. You shall inform us if an Authorised User is no longer authorised to have access to the Content (for example, because they have left your organisation) (“Outgoing Authorised User”). You may ask us to add a new Authorised User in place of the Outgoing Authorisation User. We have sole discretion to refuse such a request if we reasonably suspect it will result in non-compliance with the terms of your Order, which limits the number of Authorised Users to a fixed number.

5. CHARGES AND PAYMENT CHARGES

Charges

5.1 The charges for your Content will be set out in your Order Form. In addition to our charges for your Subscription, where you Subscribe for digital Content, you are responsible for paying any internet connection or other telecommunication charges payable for accessing the Content.

5.2 The charges are exclusive of VAT or any other sales tax applicable to your country of residence, and such taxes shall be payable by you at the applicable current rate chargeable at the time that we invoice you.

5.3 If the price we state to you in your Order Form is clearly incorrect then we are not obliged to provide you with a Subscription at that price even if we have accepted your Order. If we notify you of a pricing error, you may continue your Subscription at the correct price or cancel your Subscription without any obligation to us and we shall refund you any monies that you have paid to us in respect of that Subscription.

5.4 We have the right to make changes to the charges from time to time. If these changes result in an increase in the charges payable by you, we shall inform you in advance of the change. If you do not agree to pay the increased charges, you may terminate your Subscription in accordance with clause 8.

5.5 We may give you the option to pay the charges on, usually, either a monthly or an annual basis. Any such options and any other options for payment will be specified in your Order Form.

Payment

5.6. You shall pay the charges by credit or debit card, direct debit or by invoice, as applicable to your Order (the “Payment Methods“).

5.7 If your Payment Method is a credit or debit card, you authorise us to take payments from the credit or debit card chosen by you on a recurring monthly or annual basis as applicable, for the duration of your Subscription.

5.8 If your Payment Method is invoice, we shall be entitled to issue an invoice to you for the charges on an annual basis as applicable and you shall pay each invoice submitted by us:

5.8.1 immediately upon receipt of the invoice (unless otherwise specified in the Order Form); and

5.8.2 in full and cleared funds to the bank account nominated by us on the invoice.

5.9 Please note that if you have any queries or complaints in respect of an invoice, such queries or complaints must be notified to our Finance Department in writing within 14 days of the date of such invoice.

5.10 You shall pay all amounts due under these Terms in full without any deduction or withholding except as required or permitted by law. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.

Special Offers

5.11 From time to time, we may inform you of special offers in relation to Content on the Website or by email (the “Offers“). Offers may have minimum subscription terms, payment terms, termination terms or other terms which are different to the equivalent provisions set out in these Terms (the “Offer-specific Terms“).

5.12 Where an Offer applies to your Order, the Offer-specific Terms applicable to that Offer will apply to your Subscription to the exclusion of the equivalent provisions in these Terms. Any Offer specific Terms will be stated on the Offer and set out in your Order Form.

6. OUR RIGHT TO VARY THESE TERMS

6.1 We may revise these Terms from time to time. Each time you place an Order for Content, the Terms in force at the time you place your Order will apply to the subscription formed by that Order.

6.2 We may revise these Terms as they apply to your Subscription from time to time to reflect changes in relevant laws and regulatory requirements.

6.3 If we have to revise these Terms as they apply to your Subscription, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel your Subscription if you are not happy with the changes.

7. DELIVERY

7.1 If your Subscription consists of print copy Content, the Content will be delivered to you periodically as described in your Order Form.

7.2 Any delivery dates provided are estimates only. Delivery services are provided by a third party, not by us, and, as set out in clause 11.3, we will not be liable for any delay in delivering your Content caused by our delivery services provider(s).

8. TERM AND TERMINATION

8.1 Unless terminated earlier in accordance with these Terms, your Subscription will last for a period of 12 months from the start date set out in the Order Form (the “Initial Term”).

8.2 Following expiry of the Initial Term, your Subscription will automatically renew upon these Terms as amended by the relevant Renewal Notice for additional, successive Renewal Terms unless: (i) we provide you with written notice of cancellation at least 90 days prior to the expiration of the then current Initial Term or Renewal Term; or (ii) you inform us in writing no later than one month prior to the expiry of the then current Initial Term or Renewal Term that you wish to cancel your Subscription with effect from the expiry of then then current Initial Term or Renewal Term.

8.3 Unless your Subscription has terminated earlier in accordance with these Terms, we shall send you a renewal notice setting out details of the renewal of your Subscription no less than two months prior to the end of the then current Initial Term or Renewal Term (the “Renewal Notice”).

8.4 We may cancel your Subscription at any time by giving you at least 90 days’ notice in writing. If we exercise this right, we shall refund you, on a pro rata basis, the charges paid by you that are for the portion of your Subscription remaining after termination of your Subscription.

8.5 We may, at our option, suspend access to digital Content, suspend delivery of print copy Content or terminate your Subscription at any time with immediate effect by giving written notice to you if:

8.5.1 you fail to pay any amount due under these Terms on the due date for payment;

8.5.2 you otherwise breach these Terms; or

8.5.3 we reasonably believe that your use of the Content is infringing or is likely to infringe any third-party rights.

8.6 We may, at our option, suspend access to digital Content, suspend delivery of print copy Content or terminate your Subscription with immediate effect if you become subject to any of the following events, or we reasonably believe that you are about to become subject to any of them:

8.6.1 you, other than for the purpose of a bona fide reconstruction or amalgamation pass a resolution for your winding up, or a court of competent jurisdiction makes an order for you to be wound up or dissolved;

8.6.2 an administrator is appointed, or an administrative order is made in relation to you or the appointment of a receiver or administrative receiver of, or an encumbrancer taking possession of or selling, the whole or any part of the entity’s undertaking assets, rights or revenue;

8.6.3 you enter into an arrangement, compromise or composition in satisfaction of you debts with your creditors or any class of them, or take steps to obtain a moratorium, or make an application to a court of competent jurisdiction for protection from your creditors;

8.6.4 you are unable to pay your debts, or you are capable of being deemed unable to pay your debts, within the meaning of section 123 of the Insolvency Act 1986; or

8.6.5 you enter into any arrangement, compromise or composition in satisfaction of your debts with your creditors.

9. CONSEQUENCES OF TERMINATION

On expiry or termination of your Subscription for any reason:

9.1 you shall immediately pay to us all outstanding unpaid charges;

9.2 your, and where applicable, your Authorised Users’ access to digital Content will be revoked; and

9.3 the licence granted in clause 3.3.1 will cease.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 We or our content providers, are the owners or licence holders of the Intellectual Property Rights in the Content. Subject to clause 3.3, you acknowledge and agree that nothing in these Terms or in an Order Form shall be construed so as to transfer any Intellectual Property Rights in the Content to you.

10.2 Digital Content may contain links to third party websites. You are responsible for deciding whether to access a third-party website and your use of third party websites will be governed by the terms of that third-party website. We have no responsibility for any aspect of third party websites.

11. LIMITATION OF LIABILITY

11.1 The Content is provided to you for general information purposes only and does not address individual requirements. It is not intended to amount to advice, recommendations, representations or endorsements on which you should rely. You should obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of any Content.

11.2 Nothing in these Terms shall limit or exclude our liability for:

11.2.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

11.2.2 fraud or fraudulent misrepresentation; or

11.2.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

11.3 Subject to clause 11.2, we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms for:

11.3.1 any loss of profit, business, business opportunity, contracts, anticipated savings, goodwill, or revenue;

11.3.2 any wasted expenditure;

11.3.3 any inaccuracies in the Content or unavailability of the Content;

11.3.4 any delay in delivery of print copy Content (if any);

11.3.5 any use by you of Personal Data displayed on our Website or within any Content;

11.3.6 any use by you of Notes or any Notes Contributions (if any);

11.3.7 any loss or corruption of data; or

11.3.8 any indirect or consequential loss,

even if we have been advised of the possibility of such damage.

11.4 Subject to clause 11.2, our total liability to you in respect of all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the charges paid by you for your Subscription.

11.5 Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.

11.6 This clause 11 shall survive termination or expiry of these Terms.

12. EVENTS OUTSIDE OUR CONTROL

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.

12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

12.2.1 we will attempt to contact you as soon as reasonably possible to notify you; and

12.2.2 obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control.

12.3 Either party may terminate the contract if an Event Outside Our Control affects the performance of our obligations under these Terms for 60 days. If we exercise this right of termination, we shall refund you in accordance with clause 8.4.

13. COMMUNICATIONS BETWEEN US

13.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

13.2 Any notice or other communication given by you to us, or by us to you, under or in connection with these Terms shall be in writing and shall be sent by pre-paid first-class post or other next working day delivery service or by email.

13.3 A notice or other communication shall be deemed to have been received: if sent by pre- paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

13.4 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 email, that such email was sent to the specified e-mail address of the addressee.

13.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

14. GENERAL

14.1 We may at any time assign, mortgage, charge, subcontract, delegate or declare a trust over any or all of our rights and obligations under these Terms to or for the benefit of any person.

14.2 You may not transfer, assign, sub-licence, sub-contract, divest or otherwise deal with your rights or your obligations under these Terms without our prior written consent.

14.3 These Terms are made between you and us but are also made for the benefit of our Affiliates. It is intended that all our Affiliates may enforce the benefits conferred on it under these Terms in accordance with the terms of the Contracts (Rights of Third Parties) Act 1999. Apart from our Affiliates, no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

14.4 Each of the provisions and part-provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provision, or part-provision as applicable, will remain in full force and effect.

14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.6 Please note that these Terms are governed by English law. This means that any dispute or claim arising out of or in connection with these Terms or your Subscription will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.

14.7 Each party shall: (i) comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption including the Bribery Act 2010 (“Relevant Requirements”); (ii) not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK; (iii) have and shall maintain in place its own policies and procedures to ensure compliance with Relevant Requirements and will enforce them where appropriate; and (iv) promptly report to the other Party any request or demand for any undue financial or other advantage of any kind received by it in connection with the performance of these Terms.

14.8 These Terms (including any Schedules and the Appendix) and our Website Terms and Conditions and Privacy Policy constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

You acknowledge that in entering into these Terms you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Website Terms and Conditions and Privacy Policy.

14.10 Nothing in these terms is intended to, or shall be deemed to, establish any partnership or joint venture between us, constitute either of us the agent of the other, or authorise either of us to make or enter into commitments for or on behalf of the other.

14.11 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

If you have placed an Order on behalf of a business, you confirm that you have authority to bind the business on whose behalf you are placing the Order.

COMMERCIAL PARTNERSHIPS TERMS AND CONDITIONS

Note: Clauses 1 to 14 (inclusive) of these Terms and Conditions apply to all sales by MWCR Limited. The Schedules concerning Sponsorship, Event Tickets, Advertising, Lead Generation apply to sales of those services only.

1. Interpretation

The definitions and rules of interpretation in this clause apply in these Terms and Conditions (the “Conditions“):
References to clauses are to the clauses of these Conditions. References to paragraphs are to the paragraphs of the Schedules to these Conditions.
References to words following the terms including, include, in particular, such as, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
The clause headings are included for convenience only and shall not affect the interpretation of these Terms.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
A reference to any Party shall include that Party’s personal representatives, successors and permitted assigns.
A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and a reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
A reference to these Terms or to any other agreement or document referred to in these Terms is a reference to these Terms or such other agreement or document as varied (other than in breach of the provisions of these Terms) from time to time.
In the event of conflict between a clause in these Conditions, the Booking Form and any document incorporated by reference into these Terms, the document higher in the order of precedence listed below will prevail in relation to such conflict:
1. the Booking Form;
2. the provisions of these Conditions; and
3. any document incorporated by reference.

2. Provision of the Services

An offer is made by MWCR for the provision of the Services pursuant to these Terms when MWCR provides a completed Booking Form to the Client. These Terms shall come into force and bind the Parties upon the Client’s acceptance. The Client can accept these Terms by:
1. manually signing the Booking Form and emailing a scan of the signed form to MWCR;
2. electronically signing the Booking Form where such option is made available by MWCR; or
3. confirming by email that the Client accepts the Booking Form and attaching the Booking Form to such email.
MWCR shall:
1. perform the Services with reasonable skill and care and in accordance with good industry standard;
2. perform the Services in accordance with any standards and/or specifications set out in the Booking Form; and
3. use all reasonable endeavours to meet any performance or scheduled dates for delivery of the Services and/or Deliverables or a particular stage of the Services and/or Deliverables specified in the Booking Form (a “Scheduled Date“) or, if no such Scheduled Dates are specified, within a reasonable time.
Where the Booking Form specifies one or more Scheduled Dates, the Client shall not be permitted to amend such Scheduled Date without the prior written agreement of MWCR.
If the Client fails to comply with any of its obligations under clause 5, whether by act or omission:
- MWCR will not be liable for failing to meet any Scheduled Dates;
- such dates shall be extended by a time period equivalent to the amount of the delay; and
- clause 3.2 shall apply.
Save as otherwise set out in these Terms, MWCR does not make any representations or warranties, including representations or warranties relating to the timeliness, currency, accuracy, completeness, merchantability or fitness for a particular purpose. MWCR shall not be liable to the Client or to any third party for any loss suffered as a result of any use, interpretation or communication of the Services, Content and/or Deliverables.
These Terms constitute a contract for the provision of services and not a contract of employment.

3. Fees

1. Unless otherwise stated in the Booking Form, MWCR will issue to the Client an invoice for the Fees upon the completion of the Services and/or Deliverables. Where the Booking Form states that the Fee is to be paid in instalments, MWCR may issue to the Client an invoice for each stage of the Services or Deliverables that is completed as set out in the Booking Form. The Client shall pay the Fee to MWCR in cleared funds and immediately upon receipt of MWCR’s invoice for the Fee.
2. Where delivery of the Services and/or Deliverables or a particular stage of the Services and/or Deliverables, as set out in the Booking Form, cannot be completed by MWCR by an agreed Scheduled Date due to the Client’s failure to comply with any Client Obligations, MWCR may issue an invoice under clause 3.1 when delivery of such Services and/or Deliverables or a particular stage of such Services and/or Deliverables would have taken place had it not been for the Client’s failure to comply with those Client Obligations.
3. Unless otherwise stated, all amounts payable under these Terms:
  1. are exclusive of value added tax or sales tax, which shall be added to the Fee stated on the invoice and payable at the applicable rate at the time of making the relevant payment; and
  2. shall be paid in full by electronic bank transfer, without any set-off, deduction or withholding (to the fullest extent permitted by applicable law), to such UK bank account as specified by MWCR from time to time. If the Client is required by law to make deductions or withholdings from any payment due to MWCR, then the gross amount payable by the Client will be increased so that, after the deduction or withholding, the net amount received by MWCR will not be less than MWCR would have received had no such deduction or withholding been required.
4. In the event the Client fails to make payment of any amount due under these Terms by the due date for payment of the same, MWCR may, at its discretion:
  1. suspend the provision of the Services until the Client has made such payment in full;
  2. terminate these Terms;
  3. not publish and/or withdraw the Advertisement until the Client has made such payment in full; and/or
  4. charge the Client interest on the overdue amount, payable immediately on demand, from the due date for payment of the same up to the date of actual receipt, at the rate of 4% per annum above the Bank of England base rate from time to time.
5. In the event that the agreed terms of payment on the Booking Form differ from those set out in this clause 3, the terms of payment on the Booking Form take precedence.
6. No complaint, attempted cancellation, claim or query by the Client or Advertiser (whether in relation to the Advertisement(s), an invoice or otherwise) shall affect the liability of the Client to pay the Fee in accordance with this clause 3.
7. Unless otherwise stated in the Booking Form, the Fee does not include any travel, accommodation, insurance or other costs incurred by the Client and/or Delegates in attending the Event.

4. Intellectual Property

The MWCR Background IPRs shall at all times remain owned by MWCR and/or its licensors. MWCR represents, warrants and undertakes that the MWCR Background IPRs shall not infringe any third party Intellectual Property Rights.
The Client Background IPRs shall at all times remain owned by the Client and/or its licensors. The Client represents, warrants and undertakes that the Client Background IPRs shall not infringe any third party Intellectual Property Rights.
Subject to clause 4, unless expressly specified otherwise in the Booking Form, all Intellectual Property Rights in the Content shall be owned by the Client. MWCR hereby assigns to the Client, with full title guarantee and free from all third party rights, MWCR’s right, title and interest to the Intellectual Property Rights in the Content.
In the case of Advertisements only, all artwork, copy and other material which MWCR and / or its employees or contractors has originated or reworked shall vest in MWCR.
Should any rights, title or interest in or to the MWCR Background IPRs or an Advertisement or any goodwill arising out of the use thereof become vested in the Client (by the operation of law or otherwise), the Client shall hold the same on trust for MWCR and shall at the request of MWCR unconditionally assign free of charge any such right, title, interest or goodwill to MWCR and execute any documents and do all acts reasonably required by MWCR for the purpose of confirming such assignment.
MWCR hereby grants a fully paid-up, limited, non-exclusive, royalty-free, non-transferable licence to the Client to copy, store and use, only to the extent necessary, the MWCR Background IPRs for the purposes of:
1. using the Content subject to these Terms; and
2. receiving the Deliverables subject to these Terms.
In respect of any MWCR Background IPRs, the Client shall not do any of the following without the prior written consent of MWCR:
1. share or transmit these with any third person, unless otherwise authorised by MWCR;
2. use these for the Client’s commercial benefit, including commercially onward vending, distributing, sublicensing, copying, transmitting, publishing, broadcasting, displaying, altering, modifying, (including abbreviating, re-organising or restructuring), making available on a network, reproducing, licensing or otherwise dealing with the Content either directly or indirectly, in any medium in whole or part, other than as permitted under these Terms;
3. use these to develop or provide, directly or indirectly, a product or service that is competitive with the services provided by MWCR;
4. use these for any unlawful or unauthorised purpose;
5. to the extent these contain Personal Data, use these in any way which does not comply with any obligations the Client may have under Data Protection Legislation;
6. save as permitted by law, modify, decompile or reverse engineer any software supplied by MWCR under these Terms; or
7. edit the Content and/or Deliverables with the prior written consent of MWCR, in its sole discretion, including any images included within the MWCR Background IPRs (digitally or otherwise).
In respect of Content IPRs and any MWCR Background IPRs used in the Content, the Client will ensure that MWCR is credited appropriately in a reasonably prominent position in the Content.
The Client hereby grants MWCR a worldwide, fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify the Content IPRs and the Client Background IPRs for the purpose of:
1. delivering the Content to the Client and in connection with any services being provided to the Client either now or in the future, including MWCR advertising or promoting the Content;
2. promoting and advertising any Sponsored Event;
3. performing its obligations under these Terms;
4. internal training; and
5. any other purpose that may be specified in the Booking Form.

5. The Client’s Obligations

The Client represents, warrants and undertakes that:
1. it shall co-operate with MWCR as required for the proper performance of the Services;
2. it shall comply with all applicable laws, regulations, industry codes of practice;
3. it shall promptly observe and comply with all reasonable instructions issued by or on behalf of MWCR in relation to the performance of the Services;
4. all information it provides to MWCR in relation to these Terms shall be accurate, complete and not misleading and it shall provide, in a timely manner, such further information and Client Materials as MWCR may require for the proper performance of the Services;
5. all information it provides to MWCR pursuant to clause 1.4 shall not contain any virus, worm, Trojan horse, harmful codes or any other form of defect which could cause temporary or permanent damage to or will otherwise impair or harm or cause the malfunction of any of MWCR’s websites and/or systems;
6. it shall hold and maintain all necessary licences and consents in relation to the Services;
7. if MWCR’s performance of its obligations under these Terms is prevented or delayed by any act or omission of the Client, its agents, subcontractors, consultants or employees, MWCR shall not be liable for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay;
8. to the extent necessary to allow MWCR to perform the Services, it shall provide to MWCR, in a timely manner and at no charge, its agents, subcontractors, consultants and employees and such materials concerning the Client as are reasonably required by MWCR;
9. it shall not, and shall ensure that its directors, employees and other members of staff shall not, take part in any activities or use the Services and/or the Sponsor Rights in any manner which might be derogatory to or is or might otherwise be detrimental to the reputation, image or goodwill of MWCR; and
10. to the extent applicable, it shall be responsible (at its own cost) for preparing and maintaining the relevant premises for the provision of the Services and shall inform MWCR of all health and safety rules and regulations and any other reasonable security requirements that apply at any of its premises,

(each of clause 5.1.1 to 5.1.10 (inclusive) a “Client Obligation” and together the “Client Obligations”).

6. Indemnification

1. The Client shall hold MWCR and each of its Affiliates harmless and indemnify them and their employees and agents against any liability, costs, expenses or losses incurred or sustained by MWCR and each of its Affiliates arising directly or indirectly out of:
  1. any claim that MWCR’s use of any materials created and used by the Client and / or provided by the Client to MWCR in accordance with these Terms infringes third party Intellectual Property Rights;
  2. any failure by the Client or its employees or agents to comply with any of its obligations under Schedule 4 or Data Protection Legislation; and
  3. the Client’s fraud, negligence, breach of statutory duty, except where such liability, costs, expenses or losses are incurred or sustained by MWCR as a result of any damage or injury caused by MWCR.
2. MWCR shall hold the Client harmless and indemnify them and their employees and agents against any liability, costs, expenses or losses incurred or sustained by the Client arising directly or indirectly out of:
  1. any claim that the Client’s use of any materials created and used by MWCR and / or provided by MWCR to the Client in accordance with these Terms infringes third party Intellectual Property Rights.
  2. any failure by MWCR or its employees or agents to comply with any of its obligations under Schedule 4 or Data Protection Legislation;
  3. MWCR’s fraud, negligence, breach of statutory duty, except where such liability, costs, expenses or losses are incurred or sustained by the Client as a result of any damage or injury caused by the Client.
3. Any party seeking indemnification under these Terms shall provide prompt written notice of any claim. Indemnitor shall have sole control and authority with respect to the defence and settlement of any such claim. Indemnitee shall cooperate fully with indemnitor, at indemnitor’s sole cost and expense, in the defence of any such claim. Indemnitee may participate in the defence of any claim through its own counsel, and at its own expense.

7. Limitation of Liability and Insurance

1. Nothing in these Terms shall exclude or restrict a Party’s liability for death or personal injury resulting from the negligence of that Party or of its employees while acting in the course of their employment, or any other liability which cannot be excluded by law.
2. Subject to clause 1, a Party shall not be liable to the other for any: (i) loss of profits; (ii) loss of business; (iii) depletion of goodwill and/or similar losses; (iv) loss of anticipated savings; (v) loss of contract; or (vi) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, howsoever arising out of or in connection with the performance of its obligations under these Terms or any breach thereof, even if the other Party was advised in advance of the possibility of such loss or damage occurring.
3. Subject to clause 1, save in the case of an indemnity given under clause 6, a Party’s 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 these Terms shall not exceed the Fee. For the avoidance of doubt, a Party’s total liability to the other for an indemnity given under clause 6 shall be uncapped.
4. Other than as expressly stated in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
5. MWCR shall not be liable for any:
  1. costs incurred in disposing of any property of the Client that is not collected within a reasonable time following conclusion of the Sponsored Event;
  2. failure of any Advertisement(s) to comply with applicable laws and regulations;
  3. error in any Advertisement(s); and
  4. loss of copy, artwork, photographs or other materials.
6. The views expressed by any speakers at the Sponsored Event are their own. MWCR shall not be liable for the views, acts or omissions of any such speaker or any other attendee at the Sponsored Event. Any information given or distributed as part of the Sponsored Event shall not constitute advice and should not be relied upon.
7. Without limiting any other obligation or liability of a Party under these Terms, each Party shall effect and maintain insurance policies with a reputable insurance provider to cover the liabilities that may arise under or in connection with these Terms and shall, on the other’s request, produce both the insurance certificate giving details of cover and a copy of the receipt for the current year’s premium in respect of each insurance.

8. Termination

1. Without affecting any other right or remedy available to it, either Party may terminate these Terms with immediate effect by giving written notice to the other if:
  1. the other Party commits a material breach of these Terms and such breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of fourteen (14) days after being notified to do so;
  2. the other Party repeatedly breaches any provision of these Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to these Terms; or
  3. the other Party goes into liquidation, has an administrator, administrative receiver, receiver or manager appointed over the whole or part of its assets or business, makes a composition or arrangement with its creditors generally, becomes insolvent or ceases trading, or if it threatens to do any of the foregoing.
2. Upon expiry or termination of these Terms:
  1. any and all sums payable to MWCR shall become immediately due;
  2. any and all licences or rights granted under these Terms shall terminate, save for those that are explicitly stated to be perpetual;
  3. any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination shall not be affected; and
  4. any provision of these Terms that expressly or impliedly is intended to come into or continue in force on or after termination or expiry of these Terms shall remain in full force and effect.

9. Confidentiality

Each Party undertakes that it shall not at any time disclose to any person any Confidential Information of the other Party except as permitted by clause 2.
Each Party may disclose the other Party’s Confidential Information:
to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the Party’s obligations under these Terms. Each Party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other Party’s Confidential Information comply with this clause 9; and
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority including any relevant securities exchange.
No Party shall use the other Party’s Confidential Information for any purpose other than to perform its obligations under these Terms.

10. Force Majeure

A Party shall have no liability or responsibility to the other Party for any failure to perform, or delay in performance of, any of its obligations (save for any payment obligations) under these Terms that is caused by an Event of Force Majeure.
If an Event of Force Majeure occurs that affects the performance of a Party’s obligations under these Terms, the affected Party shall attempt to contact the unaffected Party as soon as reasonably possible to notify it of the Event of Force Majeure. The affected Party’s obligations under these Terms shall be suspended and the time for performance of its obligations shall be extended for the duration of the Event of Force Majeure.

11. Notices

Any notice given to a Party under or in connection with these Terms shall be in writing, delivered by pre-paid first-class post and deemed to have been received at 9.00am on the second Business Day after posting. Notices may also be given to a Party by email and shall be deemed to have been received when transmitted unless the sender receives notification that the email has not been received by the recipient.

12. Anti-Bribery

Each Party shall:
1. comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption including the Bribery Act 2010 (“Relevant Requirements”);
2. not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
3. have and shall maintain in place its own policies and procedures to ensure compliance with Relevant Requirements and will enforce them where appropriate; and
4. promptly report to the other Party any request or demand for any undue financial or other advantage of any kind received by it in connection with the performance of these Terms.
Failure to comply with clause 1 shall be deemed a material breach of these Terms for the purposes of clause 8.1.1.

13. Miscellaneous
1. The Client shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms without the prior written consent of MWCR.
2. MWCR may any time assign, mortgage, charge, subcontract, delegate or declare a trust over any or all of its rights and obligations under these Terms to or for the benefit of any person.
3. Nothing in these Terms is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between MWCR and the Client, constitute either MWCR or the Client being the agent of the other for any purpose, or authorise either Party to make any commitments for or on behalf of the other Party.
4. No waiver by a Party of any breach of any of the provisions of these Terms will be construed as a continuing waiver or a waiver of any preceding or subsequent breach of the same or any other provision.
5. These Terms constitute the full and complete understanding between the Parties and supersede all prior arrangements, terms and understandings whether written or oral pertaining to the subject matter of these Terms and may not be varied except by an instrument in writing signed by both Parties. Without limitation, any and all terms of the Client are hereby excluded regardless of whether they are attached to any communications between the parties.
6. Each Party agrees that it shall have no remedies in respect of any statement, representation or warranty (whether made innocently or negligently) that is not set out in these Terms. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms.
7. Except as expressly provided otherwise, a person who is not a party to these Terms shall not have any rights to enforce these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. MWCR’s obligations under these Terms are given for the benefit of all MWCR Affiliates. It is intended that all MWCR Affiliates may enforce the benefits conferred on them under these Terms in accordance with the terms of the Contracts (Rights of Third Parties) Act 1999.
8. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 8 shall not affect the validity and enforceability of the rest of these Terms.
9. The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
10. The Client shall not make, or authorise any person to make, any public announcement concerning these Terms without the prior written consent of MWCR (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including any relevant securities exchange), any court or other authority of competent jurisdiction.

14. Governing law and jurisdiction

These Terms 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) shall be governed by and construed in accordance with the laws of England and Wales.
Each Party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

SCHEDULE 1

SPONSORSHIP

Where MWCR is granting to the Client the Sponsor Rights, the following additional terms shall apply:

1. Sponsor Rights

1. If the Sponsor Rights include the right for the Client to advertise at the Sponsored Event itself or on the Sponsored Event website or otherwise, the following additional terms shall apply:
  1. the size and positions of any Client logos or other Sponsor Materials on signage, advertisements, printed materials, websites and electronic communication will be at the sole discretion of MWCR;
  2. if any dispute arises as to the allocation of space, or as to the extent of any extra space deemed by MWCR to be occupied by the Client beyond that allocated, the decision of MWCR shall be final; and
  3. if, in the opinion of MWCR, the Client’s advertising extends beyond the allocated space, MWCR may, at its sole discretion, charge the Client for the extra space occupied at the prevailing rate.
2. MWCR may take any action that it deems necessary with regard to the positioning or construction of the Client’s advertising if, in MWCR’s reasonable opinion, this would be in the best interests of the Sponsored Event or there is any health or safety risk to MWCR’s staff, agents, exhibitors or visitors.

2. MWCR’s Rights

The Venue, date for the Sponsored Event, agenda for the Sponsored Event and/or Webinar and any applicable Recording Date and Broadcast Date are indicative only. MWCR reserves the right to alter these in its sole discretion.
MWCR retains full control of the Webinar and all promotional and marketing material in connection with the Webinar. Notwithstanding the foregoing, the Client is required to promote the Webinar through its marketing and social media channels, subject to all such activity being approved by MWCR in advance.
MWCR has the exclusive right to use any information compiled for or from the Webinar for its own commercial purposes.
MWCR reserves all rights in and to the Webinar which are not expressly granted to the Client under these Terms.
The Client acknowledges that MWCR may pass on the Client’s (or its personnel’s) contact details to third party suppliers engaged by MWCR in connection with the Sponsored Event who may contact the Client (or the Client’s personnel) directly: (i) to offer to the Client ancillary services relating to the Sponsored Event set up (such as display equipment, electrical equipment and technical support); and (ii) in connection with operational requirements for the Sponsored Event such as Venue health and safety requirements. The Client undertakes and warrants to MWCR that it shall inform the Client’s personnel involved in the Sponsored Event that MWCR may share their contact details for these purposes and make available to such personnel a copy of or link to MWCR’s privacy notice which can be accessed at https://www.marketingweek.com/privacy-policy.

3. The Client’s Obligations

- 1. The Client represents, warrants and undertakes that:
    1. it shall promptly observe and comply with all reasonable instructions issued by or on behalf of MWCR in relation to the exercise of any of the Sponsor Rights;
    2. it shall exercise the Sponsor Rights:
      1. strictly in accordance with these Terms;
      2. in such a manner so that no confusion may arise in the minds of the public as to the products and/or services for which the Client has been granted the Sponsor Rights; and
      3. not in conjunction with any third party or in a manner that may cause confusion in the minds of the public as to the identity of the entity to whom the Sponsor Rights have been granted.

4. Approval of Sponsor Materials

1. All Sponsor Materials must be approved by MWCR in writing prior to the Sponsored Event in accordance with this paragraph 4 of Schedule 1.
2. The supply by the Client to MWCR of the designs for the Sponsor Materials within the deadlines specified on the Booking Form or otherwise communicated in writing by MWCR, together with any additional information reasonably required by MWCR in connection with any Webinar (including a company synopsis and a presenter biography and photo), is the sole responsibility of the Client, and time shall be of the essence for this purpose. In the event that such Sponsor Materials are not received by MWCR by the applicable deadlines MWCR reserves the right in its absolute discretion: (a) to repeat standing Sponsor Materials or otherwise to determine the Sponsor Materials that are published or displayed; (b) to charge the Client for any extra costs directly incurred by MWCR as a result of late receipt; and/or (c) to exclude the Sponsor Materials from printed or display material.
3. Subject to compliance by the Client with clause 5, MWCR will not unreasonably withhold its approval of any Sponsor Materials. Unless and until such time as MWCR provides its express written approval, all Sponsor Materials shall be deemed not to be approved.
4. The Client will not manufacture, distribute, issue, publish, circulate or otherwise make use of any Sponsor Materials without the prior written approval of MWCR. In the event that at any time any Sponsor Materials fail to conform to any approved representative sample, artwork or other submission, the Client shall forthwith, upon realising the error or else upon notice from MWCR (and without prejudice to any other rights or remedies MWCR may have in respect of the same), withdraw any and all such Sponsor Materials from circulation as soon as practicable.
5. Where the Client is participating in a Webinar, the Client also agrees:
  1. to procure an appropriate representative from the Client’s organisation to participate in the Webinar and to provide their name and professional details to MWCR for its prior approval in accordance with any deadlines for communicated in writing to the Client by MWCR; and
  2. to attend, and procure that the Client’s named representative attends, any run-through of the recording of the Webinar prior to the Recording Date, or a repeat of the recording of the Webinar following the Recording Date, where required by MWCR, to be organised by MWCR for a date and time to be mutually agreed between the Parties.

5.Termination

1. Upon expiry or termination of these Terms:
  1. the Client’s allocated space or other Sponsor Rights may be withdrawn;
  2. any other services rendered by MWCR may also be withdrawn; and
  3. MWCR shall not be obliged to return to the Client any amounts already paid to MWCR in respect of these Terms or relieve the Client of its obligation to pay all amounts outstanding in respect of these Terms to MWCR.

6. Cancellation or termination of the Sponsored Event

MWCR shall have no liability to the Client if MWCR cancels, postpones or re-sites the Sponsored Event, or reduces the planned period for preparation, display or dismantling the Sponsored Event, due to an Event of Force Majeure or because MWCR ceases to have the right to hold the Sponsored Event, in which case MWCR shall not be liable to refund any amount paid to MWCR by the Client.
If MWCR decides to re-site the Sponsored Event to another venue or change the dates for reasons other than those stated in paragraph 1 of this Schedule 1, and the Client is unwilling to be re-sited at the new venue or participate on a different date, it must give notice to MWCR of such unwillingness within 14 days of being notified of the change by MWCR. In such circumstances MWCR shall make a full refund of the Sponsorship Fee to the Client. MWCR shall not be liable for any losses of the Client arising from such re-siting or such unwillingness to be re-sited.
If MWCR cancels the Sponsored Event other than for reasons as set out at paragraph 1 of this Schedule 1, MWCR shall make a full refund of the Sponsorship Fee to the Client.

7. Cancellation by the Client

1. Where the Client has sponsored the previous version of the Sponsored Event (the “Previous Sponsored Event“) and is rebooking Sponsor Rights under the terms of a rebooking offer, the Client will be entitled to cancel these Terms, without any payment in respect of the Sponsored Event, within 21 days of the close of the Previous Sponsored Event.
2. The Client shall be entitled to cancel the booking on notice to MWCR, in which case the following cancellation charges (the “Cancellation Charges“) shall apply. Any notice of cancellation must be in writing in accordance with clause 11.
3. MWCR shall also be entitled to treat the following as notice of cancellation by the Client:
  1. the Client cancels a direct debit payment; or
  2. the Client fails to make a payment on the due date,
  3. such notice to be effective from the date that MWCR notifies the Client of the same, in which case the Cancellation Charges shall apply.
4. MWCR will invoice the Client for the appropriate Cancellation Charge which will be payable within 30 days of the invoice date. Where cancellation occurs pursuant to paragraph 3 of this Schedule 1, the amount headed Cancellation Charge will be payable as liquidated damages, which the Client accepts as representing a fair estimate of the loss suffered by MWCR. MWCR will credit the Client with any amounts already paid by the Client and retained by MWCR.

8. Sponsor Representative

The Client must name on the Booking Form at least one person to be its Sponsor Representative in connection with all matters concerning the Client and the Sponsored Event. The Sponsor Representative is deemed to be authorised by the Client appointing him/her to enter into other contracts with MWCR or its agents as the Sponsor Representative considers necessary in connection with the Sponsored Event and such contracts shall be binding on the Client.

9. Requirements of Superior Authorities and Prohibited Activities

1. The Client shall comply with all requirements imposed on MWCR or the Client by the owners, proprietors or managers of the Venue, or any municipal or other competent authority. In addition, the Client shall comply with any notice of such requirements given to the Client by MWCR.
2. If it appears to MWCR that the Client may be engaged in activities which are deemed by MWCR in its absolute discretion to be in breach of these Terms or contrary to the best interests of MWCR and/or the Sponsored Event, or which appear to MWCR in its absolute discretion unethical or in breach of any law or regulation, MWCR may cancel any Sponsor Rights that may have been granted to the Client, whether in the Booking Form or otherwise, and require the Client forthwith to: (i) remove any Sponsor Materials in place at the Sponsored Event; (ii) vacate the Sponsored Event; and (iii) refuse the Client the right to participate further in the Sponsored Event, without MWCR being under any liability to refund or abate any charges paid or payable in respect of these Terms.
3. To the fullest extent permitted by law MWCR will not be liable for any direct or indirect loss, including loss of revenue, loss of goodwill, excess costs or consequential loss suffered by the Client, its employees, visitors, customers, staff, agents or contractors however so arising resulting from an exclusion under paragraph 2 of this Schedule 1.

10. Webinars

Where the Client is participating in a Webinar, paragraphs 2 to 10.7 of this Schedule 1 shall also apply.
MWCR shall be the owner of the copyright in the recording of the Webinar.
MWCR shall retain all Intellectual Property Rights in any MWCR Materials used by the Client in the delivery of the Webinar.
The Client hereby grants to MWCR an irrevocable, royalty-free, perpetual, worldwide licence in all or any form of media to use, reproduce, edit, broadcast and/or publish the Webinar and the Recording Content, and any adaptations, highlights or extracts thereof, including on any Sponsored Event website and any other websites or publications owned by it.
The Client warrants, and shall procure that its nominated representative participating in the Webinar warrants, that the Recording Content will be the Client’s original work and that it does not infringe the rights of any third party, including any Intellectual Property Rights.
Where the Recording Content contains any third party Intellectual Property Rights (other than MWCR Materials), the Client warrants that it has obtained from such third party the unrestricted, perpetual, worldwide permission for MWCR and its licensees to use such Intellectual Property Rights in the Recording Content, for the purpose of recording, broadcasting and/or publishing the Webinar, and in accordance with the licence granted in paragraph 4 of this Schedule 1. The Client shall identify and provide details of any such third party Intellectual Property Rights to MWCR so that these can be acknowledged in the Webinar.
The Client agrees and acknowledges that MWCR’s approval of the Recording Content shall be in MWCR’s sole discretion and any subsequent changes to the Recording Content requested by the Client must be approved by MWCR in writing. The Client shall procure all necessary consents (including a waiver of any moral rights) from the Client’s representative(s) participating in the Webinar to ensure that MWCR may use the Webinar in accordance with these Terms, including paragraph 4 of this Schedule 1.

SCHEDULE 2

EVENT TICKETS FOR DELEGATES

Where the Client is purchasing Event tickets for the Delegates, the following additional terms shall apply:

1. Attendance at the Event

Compliance with instructions and regulations

Whilst attending the Event, the Client and the Delegates will comply with:
1. all applicable laws, including all health and safety legislation and requirements;
2. all instructions given by MWCR or on MWCR’s behalf, including in relation to any security arrangements; and
3. the terms and conditions of the Event venue.

Safety and security

The Client and the Delegates shall be responsible for ensuring their own safety and security whilst attending the Event. MWCR shall not be liable for any loss or damage suffered by the Client and/or the Delegates at the Event.

Filming and photography

1. MWCR may, at its discretion, choose to photograph, film, broadcast or record the Event. Subject to paragraph 4 of this Schedule 2, the Client grant to MWCR an irrevocable licence to use and sublicense the use of the Client and the Delegates’ name, voice, likeness, image and any contribution made by the Client and/or the Delegates at or to the Event in any and all media (whether now known or hereinafter invented) throughout the world and in perpetuity.
2. The Client must notify MWCR at least 48 hours prior to the Event if the Client and/or any Delegate do not wish for their name, voice, likeness, image and/or contribution to be used in accordance with paragraph 3 of this Schedule 2. All such notices must be sent to customerservices@marketingweek.com.
3. The Client and/or any Delegate shall not be permitted to photograph, film, broadcast or record the Event without MWCR’s express prior approval.
4. MWCR reserves the right to refuse the Client and/or any Delegate entry to the Event, or subsequently remove the Client and/or any Delegate from the Event, where the Client and/or any Delegate fails to comply with these Terms.

2. Amendments, cancellation and postponement

No cancellation by the Client

Save as expressly set out at paragraphs 3 and 2.4 of this Schedule 2, the Client shall not be entitled to cancel any booking or receive a refund of the Event Fee at any time after it has received a booking confirmation from MWCR, whether under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or otherwise.

Change in Delegate

In the event that the Client or a Delegate are subsequently unable to attend the Event, subject to MWCR’s approval, that booking may be transferred to another employee of the Client without charge. All such amendments must be notified to MWCR at least 24 hours prior to the date of the Event at customerservices@marketingweek.com Under no circumstances may an Event booking be resold by the Client or on the Client’s behalf. If the Client has not been charged an Event Fee to attend the Event and is unable to attend or offer an alternative attendee in accordance with this paragraph 2 of this Schedule 2, the Client will be charged the cancellation fees set out in the Booking Form (to the extent applicable).

Amendments to the Event

MWCR may, at its sole discretion and without liability to the Client, make changes to the Event timings, schedule and/or location (provided that any change in location shall be within a reasonable distance of the location previously advertised). Any change in the Event date(s) shall be subject to paragraphs 4 and 2.5 of this Schedule 2, as applicable.

Cancellation or postponement of the Event for reasons outside of MWCR’s control

In the event that it is necessary to cancel or postpone the Event as a result of any reason outside of MWCR’s control (as decided by us in our sole discretion):
1. MWCR shall endeavour to arrange a replacement Event (“Replacement Event”) and, in such circumstances, the Client’s booking shall apply to the Replacement Event. The Client shall inform MWCR within 14 days if it does not wish to attend the Replacement Event; or
2. in the event that a Replacement Event is:
  1. not confirmed within 90 days of the date of cancellation;
  2. scheduled to take place on a date on which the Client is not able to attend; or
  3. scheduled to take place in a location which is not within a reasonable distance of the location of the cancelled or postponed Event,

MWCR shall refund the Event Fee. The Client acknowledges that such refund shall constitute its sole remedy, and MWCR’s only liability to the Client, in such circumstances.

Cancellation or postponement for any other reason

In the event that it is necessary to cancel or postpone the Event as a result of a reason not covered by paragraph 4 of this Schedule 2, MWCR shall refund the Client the Event Fee. The Client acknowledges that such refund shall constitute its sole remedy, and MWCR’s only liability to the Client, in such circumstances.

Personal Data

MWCR processes Personal Data of Delegates in accordance with its privacy notice which can be found here: https://www.marketingweek.com/privacy-policy. The Client undertakes and warrants to MWCR that it shall make available to Delegates a copy of or link to MWCR’s privacy notice.

SCHEDULE 3

ADVERTISING

Where MWCR is responsible for the publication of the Advertisement(s) and providing the Promotion Services to the Client, the following additional terms shall apply:

Deadline for submission of Artwork and/or Copy
1. The Advertisement(s) and all related artwork and copy must be received by MWCR to the address specified and all Advertisement(s) must comply with the Technical Specifications.
2. The deadline for receipt of the Advertisement(s) and all related artwork and copy by MWCR shall be as set out in the Technical Specifications (the “Deadline”).
3. Where the Client does not meet the Deadline, MWCR shall be under no obligation to publish the Advertisement(s) and/or provide the Promotion Services and MWCR reserves the right to charge the Client the Advertisement Fee in full.
Rejection, cancellation and changes
1. It is the responsibility of the Client to check that the Advertisement(s) (and each insertion of the Advertisement(s) if more than one) is correct. MWCR assumes no responsibility for the repetition of an error in an Advertisement(s) ordered for more than one insertion unless notified immediately after the error occurs. Any other complaint, claim or query (whether in relation to the Advertisement(s) or the invoice) must be raised with MWCR in writing within seven days following (as the case may be) insertion of the Advertisement(s) or of the date on which it is claimed the Advertisement(s) should have appeared.
2. If the Client wishes to cancel the publication of the Advertisement(s) it must notify MWCR in writing at least six working weeks in advance of the Campaign Start Date.
3. If the Client cancels publication of the Advertisement(s) within six working weeks of the Campaign Start Date, MWCR reserves the right to charge the Client the Advertisement Fee in full or, if the Client has already paid the Advertisement Fee, MWCR shall not be liable to make a refund of such payment.
4. Series discounts apply only to orders for a series of Advertisements (“Series”) which are completed within one year of the first Advertisement in the Series being run. If the Client cancels the Series before it is complete then a surcharge will be made for Advertisements already run at a discount, which will be an amount that represents the difference between the discounted charge and the Rate Card charge for a single Advertisement for each Advertisement that has run.
5. In the event that Advertisements and all related artwork and copy are not supplied by the Client, or are supplied after the Deadline, and Advertisements are not therefore run for a Series within the contractual period, then, notwithstanding any other rights it has, MWCR reserves the right to charge a surcharge for Advertisements already run at a discount, which will be an amount that represents the difference between the discounted charge and the Rate Card charge for a single Advertisement for each Advertisement run.
6. MWCR may, in its sole discretion, accept a written notice of change to the Advertisement(s) or the positioning of the Advertisement(s) from that detailed in the Booking Form, or to the length of Campaign (“Campaign Change”) received less than six working weeks prior to the Campaign Start Date. In such event, MWCR and the Client shall agree a revised Advertisement Fee in respect of the Campaign Change.
7. MWCR may, in its sole discretion, accept a Campaign Change after the Campaign Start Date. In such event, MWCR and the Client shall agree a revised Advertisement Fee in respect of the Campaign Change and publication of the Advertisement(s) shall be subject to the agreement and payment of such revised Advertisement Fee.
8. In respect of online advertising, MWCR shall invoice the Client for the Advertisement(s), Impressions, Click-throughs or other agreed performance metric actually achieved during the Campaign Window prior to the effective date of any Campaign Change.
9. Without prejudice to the warranties in clause 5, MWCR may in its sole discretion decline to publish, omit, suspend, or remove the Advertisement(s) or require the Advertisement(s) to be amended at any time where MWCR believes that the Advertisement(s): (i) breach these Terms; (ii) would expose MWCR to any liability; (iii) would bring MWCR into disrepute; (iv) do not comply with the Advertisement Guidelines; and/or (v) do not comply with any legal or moral obligations placed on MWCR or the Client or the Advertiser.
10. MWCR shall not be under any obligation to comply with a stop order or cancellation or transfer request relating to the Advertisement(s) which is received after the deadline specified in paragraph 2 of this Schedule 3.
Delivery of Impressions, Clickthroughs or other agreed performance metrics
1. Subject to paragraph 2 of this Schedule 3 and Schedule 5, if MWCR has agreed to deliver a minimum amount of Registrant Data or a minimum volume of Advertisement(s), Impressions, Click-throughs or other agreed performance metric on any Website(s) (“Volume Order”) and such Volume Order is not achieved during the Campaign Window then MWCR’s liability shall be limited to MWCR choosing in its sole discretion to either: (a) continue to include the Advertisement(s) on any website(s) (without extra cost to the Client) until the Volume Order is achieved; or (b) MWCR invoicing or refunding the Client (as applicable) pro rata for the deliveries actually achieved during the Campaign Window (“Volume Delivered”).
2. If artwork and/or copy is delivered late to MWCR (“Late Delivery”), MWCR shall use reasonable commercial endeavours to achieve the Volume Order during the Campaign Window. Notwithstanding the foregoing, if Late Delivery occurs and the Volume Delivered is less than the Volume Order, MWCR shall be entitled to invoice for the Volume Order.
3. Except as set out in paragraph 4 of this Schedule 3, Volume Delivered as recorded by MWCR shall be deemed to be the correct figure.
4. If any Advertisement(s) is served or delivered to a Website(s) by a rich media vendor, Volume Delivered recorded by such rich media vendor shall be deemed to be the correct figure.
The Client’s Obligations
1. The Client represents, warrants and undertakes that:
  1. it shall comply with the Advertisement Guidelines and all applicable laws, regulations, industry codes of practice (including those issued by the Advertising Standards Authority);
  2. it shall hold and maintain all necessary authorisations to permit the use, reproduction, display, transmission and distribution of the Advertisement(s) and all content therein;
  3. it contracts with MWCR as a principal notwithstanding that the Client may be acting as an agent for the Advertiser;
  4. it shall be solely liable for any links to other websites, areas and/or information contained in any Advertisement(s), and MWCR shall have no liability whatsoever in respect of the same;
  5. in respect of any Advertisement(s) submitted for publication which contains the name and pictorial representation (photographic or otherwise) of any living person, it has obtained the authority of such person to make use of such name, representation and/or copy;
  6. in relation to any investment Advertisement(s), the Advertiser is, or the contents of the Advertisement(s) have been approved by, an authorised person within the meaning of the Financial Services and Markets Act 2000 (or any act replacing such Act) or the Advertisement(s) is otherwise permitted under the Act or any law or regulation which supplements or replaces that Act; and
  7. all advertising copy submitted to MWCR will not constitute false or misleading advertising, be defamatory, obscene or violate any antidiscrimination laws or regulations or otherwise breach any other right of any person or entity.

5. Intellectual Property Rights

1. In the case of Advertisements and Promotion Services only, the Client grants to MWCR a worldwide, fully paid-up, non-exclusive, royalty-free, non-transferable licence to:
  1. reproduce, display, publish, distribute, transmit (or permit the same) the Advertisement(s) in all formats (whether now known or otherwise) including in electronic, digital, website, print, and all other media, and to permit readers of its publications and users of its website(s) to access the Advertisement(s);
  2. use screen grabs of the Advertisement(s) in order to enable MWCR to market and advertise itself and the services which it provides; and
  3. use and reproduce the Client Materials and Advertiser’s (if applicable) trademarks, tradenames and logos in the provision of the Promotion Services.

SCHEDULE 4

LEAD GENERATION

Where MWCR is providing the Lead Generation Services to the Client, the following additional terms shall apply:

1. DEFINITIONS

In this Schedule the following terms shall have the following meanings:

Client Personal Data has the meaning given to it in paragraph 4.1 of this Schedule 4

EEA means the European Economic Area;

Notice has the meaning given to it in paragraph 4.7.3 of this Schedule 4; and

MWCR Personal Data has the meaning given to it in paragraph 4.1 of this Schedule 4;

Suppression Data has the meaning given to it in paragraph 4.9 of this Schedule 4.

2. Fees

Unless otherwise stated in the Booking Form, MWCR shall issue to the Client an invoice for the Lead Generation Fee upon completion of the Lead Generation Services.
Where the Booking Form states that payment of the Lead Generation Fee is to be made in instalments, MWCR may issue to the Client an invoice for each stage of the Lead Generation Services that is completed as set out in the Booking Form.
Where delivery of the Lead Generation Services or a particular stage of the Lead Generation Services cannot be completed by MWCR due to the Client’s failure to comply with its obligations under these Terms, MWCR may issue an invoice when such Lead Generation Services or completion of a stage of the Lead Generation Services would have taken place had it not been for the Client’s failure to comply with its obligations under these Terms.
If the Parties have agreed firm performance dates and any Lead Generation Service is delayed by over four weeks from any firm performance date due to the Client’s failure to comply with its obligations under these Terms, the Client shall be subject to a monthly project management fee equal to 10% of the Lead Generation Fee (not to exceed £5,000 each month) until delivery of that Lead Generation Service is complete.
Unless otherwise stated in the Booking Form, the Fee does not include:
1. any amounts incurred by MWCR for the purchase of materials or services necessary for MWCR to provide the Services; or
2. any travel, hotel or other expenses incurred by MWCR when attending locations at the Client’s request,

(together, “Expenses”). The Client shall reimburse MWCR in respect of any Expenses subject to the provision by MWCR (where practicable) of applicable receipts.

3. The Client’s Obligations

The Client represents, warrants and undertakes that:
1. it shall provide to MWCR, in a timely manner and at no charge, its agents, subcontractors, consultants and employees such materials concerning the Client and the campaign to which the Lead Generation Services relate, as are reasonably required by MWCR; and
2. it shall only use the Lead Generation Services for internal business purposes and, without prejudice to the foregoing, shall not use the Lead Generation Services, the Deliverables or any MWCR Materials to develop a product or service that competes with any of the products or services provided by MWCR.

4. Data protection

Client Personal Data and MWCR Personal Data:

The Client may from time to time share Personal Data with MWCR for the purpose of MWCR using such data in accordance with the provision the Lead Generation Services (“Client Personal Data”). MWCR may also source personal data independently for the purpose of providing the Lead Generation Services (“MWCR Personal Data”) and share MWCR Personal Data with the Client.
The Parties shall, in respect of Client Personal Data and MWCR Personal Data, comply with the provisions of this Schedule 4.
MWCR shall have the right (but not the obligation) to audit the Client to ensure its compliance with this Schedule 4.

Acknowledgement of roles:

The Parties hereby acknowledge the following:
1. the Client shall be a controller in respect of Client Personal Data;
2. MWCR shall be a processor of Client Personal Data in respect of providing the Lead Generation Services;
3. MWCR shall, without prejudice to paragraph 4.2 be a controller in respect of Client Personal Data provided to it by the Client by virtue of the further processing carried out by MWCR, including enriching and enhancing the Client Personal Data;
4. MWCR shall be a controller in respect of MWCR Personal Data; and
5. the Client shall be a controller in respect of any MWCR Personal Data provided to it by MWCR by virtue of the indication of interest in the Client’s goods and services by the individuals to which such MWCR Personal Data relates.
The Parties acknowledge that, upon the completion of the Lead Generation Services, each party shall be entitled to retain and process any Client Personal Data and MWCR Personal Data of which it is a controller.
The Parties shall not be joint controllers (as described in Article 26 of the GDPR/UK GDPR as applicable) in respect of either Client Personal Data or MWCR Personal Data.

Data Protection Obligations:

Each party shall, in relation to the sharing of any Client Personal Data or MWCR Personal Data or the processing of any Client Personal Data or MWCR Personal Data in connection with the performance of its obligations under the Terms:
1. comply with Data Protection Legislation (including ensuring it has a lawful basis for sharing or processing contemplated by the Terms);
2. update any notice provided to data subjects pursuant to Articles 13 or 14 of the GDPR/UK GDPR, as applicable (each a Notice) as necessary to comply with Data Protection Legislation and to describe the sharing contemplated by the Terms;
3. direct any data subject to which Client Personal Data or MWCR Personal Data relates to the appropriate Notice of the other party upon request by the data subject;
4. provide reasonable assistance to the other party (at its own cost) to respond to any rights request from a data subject pursuant to Chapter III of the GDPR/ UK GDPR, as applicable, to the extent that such request relates to that party’s processing of such Personal Data;
5. without undue delay, notify the other party on becoming aware of any personal data breach of Client Personal Data or MWCR Personal Data which relates to processing under the Terms;
6. ensure that any processors appointed by it in respect of Client Personal Data and MWCR Personal Data provide sufficient guarantees in respect of the security of the personal data; and
7. provide the other party with the contact details of its data protection officer (as set out in Article 37 of the GDPR/UK GDPR, as applicable) or the person responsible for compliance data protection (as may be updated from time to time).
Without prejudice to paragraph 7.2 of this Schedule 4, the Client shall either:
1. name MWCR in its Notice; or
2. include in its Notice a general statement informing data subjects that the Client appoints third parties to process Personal Data.
The Client warrants that it shall use its best endeavours to ensure that all information relating to data subjects that do not wish to be contacted in respect of marketing, including those that have directly or indirectly opted-out of receiving direct marketing and those on any of the Client’s suppression lists (the Suppression Data), are provided to MWCR. The Client shall provide Suppression Data to MWCR prior to any campaign and throughout the campaign where the Suppression Data changes. MWCR shall not be responsible for not contacting any data subject included in the Suppression Data where this information is not provided to MWCR by the Client in advance of MWCR’s communication, and the Client shall hold MWCR harmless from any complaint or liability in respect to the same.

MWCR’s data processing obligations:

In respect of Client Personal Data processed by MWCR as a processor on behalf of the Client pursuant to paragraph 4.2 of this Schedule 4:
1. the subject matter and nature of the processing is as set out in the Booking Form;
2. the purpose of the processing is to enable MWCR to provide the Lead Generation Services;
3. the type of Personal Data processed and categories of data subjects are set out in the Booking Form; and
4. the duration of the processing is from the provision of the Client Personal Data by the Client to MWCR until completion of the Lead Generation Services, unless the Terms are terminated earlier in accordance with clause 8.
To the extent that MWCR processes Client Personal Data pursuant to paragraph 4.2 of this Schedule 5 (and as described in paragraph 4.10 of this Schedule 4), MWCR shall:
1. only process such Client Personal Data as is necessary to fulfil its obligations under the Terms or in accordance with the Client’s written instructions from time to time;
2. not appoint a sub-processor without the Client’s consent (and the Client consents to MWCR appointing sub-processors in accordance with paragraph 14 below), and in the event that the Client does provide such consent, MWCR shall ensure that such sub-processor is bound by terms similar to those of this paragraph 4.11 as it applies to MWCR hereunder and MWCR shall remain responsible for any breach by a sub-processor of any of the obligations under this paragraph 4.11;
3. not transfer Client Personal Data outside the UK and/or EEA, save where there are adequate measures in place to ensure that Client Personal Data is protected (and such adequate measures shall include: (i) transferring to a jurisdiction recognised as providing adequate protection for the rights and freedoms of data subjects in connection with the processing of their Personal Data by a European Commission adequacy decision or UK adequacy regulations (as applicable); (ii) transferring Personal Data under standard contractual clauses pursuant to European Commission Decisions 2004/915/EC or 2010/87/EU ; and (iii) any adequate measures replacing the foregoing including new versions of standard contractual clauses approved by the European Commission and/or UK Government (as applicable);
4. taking into account the nature of MWCR’s processing and the information available to MWCR, provide reasonable assistance to the Client in the Client complying with its obligations under Data Protection Legislation in respect of Client Personal Data, including (where applicable) assisting the Client in complying with a data subject’s rights as set out in Chapter III of the GDPR/UK GDPR (as applicable);
5. upon the expiration or termination of the Terms, and following a written request from the Client, delete or return to the Client all Client Personal Data, save to the extent that MWCR is legally required to retain any Client Personal Data or to the extent that MWCR is a controller in respect of such Client Personal Data;
6. if MWCR receives any complaint, notice or communication (from either a supervisory authority, the UK Information Commissioner’s Office or a data subject) which relates directly to the processing of Client Personal Data or to the Client’s compliance with Data Protection Legislation, notify the Client without undue delay and provide the Client and the supervisory authority and/or the UK Information Commissioner’s Office (as applicable) with reasonable co-operation and assistance in relation to any such complaint, notice or communication;
7. notify the Client without undue delay upon becoming aware of any personal data breach relating to the Client Personal Data;
8. co-operate with the Client’s reasonable written requests for MWCR to demonstrate its compliance with its obligations in this paragraph 10;
9. ensure that all individuals, parties, employees or other persons/entities authorised by MWCR to process Client Personal Data are bound by industry standard confidentiality obligations; and
10. take appropriate technical and organisational measures against the unauthorised or unlawful processing of Client Personal Data, and against the accidental loss or destruction of, or damage to Client Personal Data, and such measures shall take into account:
  1. the state of the art, the costs of implementation and the nature, scope, context and purposes of processing; the risk of varying likelihood and severity for the rights and freedoms of natural persons; and
  2. the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Client Personal Data transmitted, stored or otherwise processed.
11. To the extent that MWCR processes Client Personal Data pursuant to paragraph 4.2 of this Schedule 4, the Client shall:
  1. ensure that all necessary clearances, consents and/or permissions are obtained, or that suitable lawful bases are satisfied (as set out in Data Protection Legislation) to enable MWCR to process Client Personal Data under the Terms; and
  2. provide data subjects with any necessary notifications and any other information required under Data Protection Legislation in respect of MWCR’s use of Client Personal Data under the Terms.
12. The Client warrants and undertakes that:
  1. it shall comply with all of its obligations under Data Protection Legislation;
  2. it shall not instruct MWCR to process Client Personal Data unlawfully; and
  3. the clearances, consents, permissions and/or lawful conditions and notifications and/or information referred to in Paragraphs 12.1 and 4.12.2 above have been or shall in any event be obtained and/or satisfied and/or provided (as applicable) in advance of the date on which any Client Personal Data is provided to MWCR pursuant to the Terms.
13. MWCR may add or replace sub-processors from time to time provided that MWCR notifies the Client in writing in advance of any such change and, unless the Client sends written notification to MWCR within five Business Days of MWCR’s notification, setting out its objection to any new sub-processor, the Client will be deemed to have consented to MWCR’s appointment of such sub-processor. The Client hereby consents to the appointment of those sub-processors listed in the Booking Form.

Schedule 5

Registrant Data

Where MWCR is providing the Client with Registrant Data as specified in the Booking Form the following additional terms shall apply:

The Parties acknowledge and agree that the Registrant Data relates to individuals in their professional capacities and is provided to the Client for the following purposes (as applicable) (“Purposes”) which are in the Parties’ legitimate business interests:
1. facilitating the Registrants receiving and engaging with Sponsored Content; and/or
2. the Client and/or the Advertiser promoting its goods and services.
The Parties hereby acknowledge that as between MWCR on the one hand and the Client and, if applicable, the Advertiser on the other:
1. MWCR acts as a controller in respect of collecting Registrant Data and providing Registrant Data to the Client; and
2. the Client and, if applicable, the Advertiser is/are controllers in respect of its and/or their use of the Registrant Data;
3. MWCR, the Client and, if applicable, the Advertiser, are not joint controllers; and
4. the Client has sole responsibility for any processing activities carried out by the Client and, if applicable, the Advertiser in respect of any Registrant Data provided by MWCR under these Terms.
The Client warrants to MWCR that Client (and, if applicable, Advertiser) shall:
1. comply with its obligations as a controller under Data Protection Legislation in respect of its processing of Registrant Data;
2. without prejudice to paragraph 3.1 only send marketing to Registrants in accordance with Data Protection Legislation; and
3. not use Registrant Data for any purposes incompatible with the Purposes.
MWCR reserves the right to withhold some or all Registrant Data where MWCR determines it is necessary to do so to comply with its obligations under Data Protection Legislation, and MWCR shall not be deemed in breach of any of its obligations under the Terms in exercising its rights under this paragraph 4.
MWCR shall not in any circumstances be liable to the Client (or, if applicable the Advertiser) in respect of any processing by the Client (or, if applicable, the Advertiser) of Registrant Data provided by MWCR under these Terms.

Annex a

Advertisement Guidelines

MWCR requires all advertisers submitting advertisements for publication to ensure their advertisements comply with the following guidelines. Advertisers are also responsible for ensuring that their advertisements comply with all applicable laws, statutes, and regulations. MWCR reserves the right to reject or remove any advertisement in its sole discretion at any time.

Restricted Products and Services

MWCR reserves the right to not accept advertisements containing or relating to certain products or services in order to maintain the integrity of the website/publication and ensure a consistent user experience. Restricted products or services include, but are not limited to, those listed below.

Adult or sexual products
Alcohol and alcohol related products
Drugs or drug paraphernalia
Cigarettes, cigars, electronic cigarettes, smokeless tobacco and other tobacco products and accessories
Gambling, including contests, sweepstakes, lotteries, casinos & games of chance
Products or services that bypass copyright protection, such as software, cable or satellite signal descramblers
Counterfeit, fake or bootleg products, or replicas or imitations of designer products
Dating or other sites that promote casual sex, or international match-making services.
Degrees or transcripts for sale or offered by non-accredited universities or programs, “life experience” degrees, academic paper-writing services or the sale of pre-written essays, theses and dissertations
Advertisements that promote particular securities or that provide or allege to provide insider tips
Firearms, parts for firearms, air guns (including pellet and BB guns), paintball guns, other weapons, ammunition or fireworks.
Get rich quick schemes, “free money”, or similar money-making opportunities

or offers

Promotion of short-term loan advertisers, such as payday loans or cash advances
Offers to compensate users for clicking on advertisements, performing web searches, viewing web sites or reading emails, etc.
Products/services that claim to repair bad credit
Personal care, medical or health products that create an unrealistic expectation about the success of the product/service
Products and services of questionable legality
Sites that require non-refundable fees to bid on auction items (e.g. “penny” or “bidding fee” auctions).
Testosterone boosters and products that promote or infer sexual enhancement or weight loss as a result of their use
Offers for accessing and/or removing arrest booking images or criminal background checks
Aerosol paint products, etching cream, body branding
Advertisements that, at MWCR’s sole discretion, promote low quality products or services
Abortion-themed advertising
Weight Loss products and services

Restricted Images and Content

MWCR may not accept advertisements containing or relating to certain content. This content includes, but is not limited to, that listed below.

Illegal content or content promoting illegal activity
False, misleading or fraudulent content
Sexually suggestive text, images or situations
Shocking, sensational or offensive content, or content containing excessive violence
Defamatory, libelous or threatening images or language
Content which insults, attacks, harasses, bullies, threatens, demeans or impersonates others
Age-Restricted Content – advertisements targeted to minors must not promote products, services, or content that is inappropriate, illegal, or unsafe, or that exploits, misleads, or exerts undue pressure on the age groups targeted
Religious-themed advertisements
Content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights

V01092025

Delegate Terms and Conditions

INTRODUCTION1.1 Please read these Terms and Conditions carefully and make sure that you understand them before you submit a booking form, as described in clause 2.1.1 and 2.1.2 respectively below (“Booking Form“). Your attention is drawn in particular to Clause 4.1 (Cancellation by you) and Clause 5 (Liability). We recommend that you print a copy of these Terms and Conditions for future reference.1.2 These Terms and Conditions, together with any terms and conditions stated on the Booking Form (together, the “Ticket Terms and Conditions“) govern the agreement between the company specified on the Booking Form which sells tickets for and / or organises an Event (“we“, “us” and/or “our“) and the person making the booking as set out on the Booking Form (“you” and/or “your“) (together, the “Parties”) in connection with your purchase of a ticket for, and attendance at, the event, exhibition, conference or award specified in the Booking Form such event being either in person, virtual or a combination of both (the “Event“).1.3 Where you purchase Event tickets on behalf of another delegate or multiple delegates (the “Delegates”), such Delegates will be bound by these Terms and Conditions and any terms and conditions stated on the Booking Form and you agree to procure their compliance with the same.1.4 In the event of any inconsistency, conflict or ambiguity between the Terms and Conditions and any terms and conditions stated on the Booking Form, the provisions of these Ticket Terms and Conditions shall apply.1.5 Any queries regarding the Event or the Ticket Terms and Conditions, including any special access requirements, should be sent to customerservices@marketingweek.com prior to you submitting a Booking Form.2. BOOKING AND PAYMENT2.1 Tickets may be purchased online or by making an e-mail or telephone enquiry to our sales team as follows:2.1.1 To purchase a ticket or tickets for an Event by email or telephone, contact our sales team by e-mail or telephone to discuss your requirements. Our sales team will then send you a Booking Form setting out the proposed terms of your booking. You can submit the Booking Form to us by: (i) signing the Booking Form manually and emailing a scan of the signed form back to us; or (ii) where we make such option available to you, signing the Booking Form electronically through Sertifi in accordance with the instructions provided; or (iii) confirming by email that you accept the terms of the Booking Form and attaching the Booking Form to such email.2.1.2 To purchase a ticket or tickets for an Event online, you must submit the relevant Booking Form via our website in accordance with the instructions set out therein.2.2 You will ensure the information you provide on your Booking Form is accurate, including in particular in respect of your contact details (which we will use to contact you from time to time and in accordance with these Ticket Terms and Conditions).
2.3 Submitting a Booking Form in any manner provided for under Clause 2.1 above constitutes an offer by you to purchase a ticket or tickets for the Event in accordance with the Ticket Terms and Conditions. The Ticket Terms and Conditions apply to the booking of all Event tickets to the exclusion of all other terms and conditions.

2.4 We will confirm receipt of your Booking Form, however your offer shall not be deemed accepted by us until you have received a booking confirmation from us. The Ticket Terms and Conditions will be binding on both Parties from that point.

2.5 Where there is a price to attending the Event (as set out on your Booking Form, plus VAT as applicable) (the “Fee“), you shall pay the Fee by credit card or debit card or by payment of our invoice (as applicable to your booking) (the “Payment Methods”).

2.6 If your Payment Method is a credit or debit card, you authorise us to take payment for the Fee from the credit or debit card chosen by you.

2.7 If your Payment Method is payment of our invoice, following confirmation of your booking we will issue you with an invoice for the full price of your Event ticket. The Fee must be paid immediately upon receipt.

2.8 Unless otherwise stated within your Booking Form, the Fee covers your entry for the duration of the Event only and is exclusive of all travel, accommodation, insurance and other costs (all of which must be arranged and met by you).

2.9 Where a Fee applies to your booking, you shall pay the Fee in full without any deduction or withholding except as required or permitted by law. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.

3. ATTENDANCE AT THE EVENT

Compliance with instructions and regulations

3.1 Whilst attending the Event you and your Delegates will comply with:

3.1.1 all applicable law, including (but not limited to) all health and safety legislation and requirements;

3.1.2 all instructions given by us or on our behalf, including (but not limited to) in relation to any security arrangements; and

3.1.3 the terms and conditions of the Event venue.

Safety and security

3.2 You and your Delegates are responsible for ensuring your own safety and security whilst attending the Event. Save as set out at Clause 5.1, we shall not be liable for any loss or damage suffered by you. You will promptly observe and comply with all applicable health and safety and COVID-safe protocols issued by us or on our behalf and you acknowledge that any failure to do so will constitute a material breach of these Ticket Terms and Conditions.

Filming and photography

3.3 We may, at our discretion, choose to photograph, film, broadcast or record the Event. You grant us an irrevocable licence to use and sublicense the use of your and any Delegate’s name, voice, likeness, image and any contribution made by you or any Delegate at or to the Event in any and all media (whether now known or hereinafter invented) throughout the world and in perpetuity.

3.4 On the basis that other Event attendees may not wish for their name, voice, likeness, image and/or contribution at or to the Event to be used, we are unable to permit you to photograph, film, broadcast or record the Event without our express prior approval.

3.5 Your or a Delegate’s name, voice, likeness, image or contribution may constitute personal data under the Data Protection Legislation if you can be identified from it. We will process such personal data in accordance with our privacy policy which can be found here: https://www.marketingweek.com/privacy-policy/.

3.6 We reserve the right to refuse you entry to the Event, or subsequently remove you or any Delegate from the Event, where you or any Delegate fail to comply with the Ticket Terms and Conditions.

Digital Events

3.7 Clause 3.7 to 3.14 apply if the Event or part of the Event takes place via digital means including via our websites, details of which will be provided to you (the “Website”) or via teleconference.

3.8 In respect of any digital Content which you and your Delegates access as part of the Event:

3.8.1 Your and your Delegates attendance at a digital Event via our Website is governed by our Website Terms and Conditions at https://www.marketingweek.com/terms-conditions/ and/or any other relevant terms and conditions provided to you by us in respect of alternative digital platforms hosting the Event.

3.8.2 We will carry out our obligation to provide you with Content with reasonable skill and care.

3.8.3 We shall endeavour to provide constant, uninterrupted access to the Website or relevant digital platform for the duration of the Event, but we cannot and do not guarantee to do so. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. Any schedule for delivery of Content provided includes estimate delivery times only. Delivery of Content involves the services of third parties, and, as set out in Clause 11.3, we will not be liable for any delay or failure to deliver Content caused by our delivery services provider(s).

3.8.4 You are responsible for making all arrangements necessary for you to have access to the Content, whether it is made available via our Website, teleconference or other digital means.

3.9 Where requested by us, you shall, or where applicable each of your Delegates shall, set up a user name and password on the Website (or other digital means) provided to access the Content. You acknowledge and agree that all user name(s) and password(s) are personal to the applicable Delegate(s) and you shall ensure, as a principal obligation of these Ticket Terms and Conditions, that the Delegate(s) shall treat such logins, passwords and other Delegate identification as confidential and not disclose, share or transfer them to any person. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our Website, teleconference or other digital means that comes to your attention. Without prejudice to any other right or remedy available to us, we have the right to disable any user name, password or other Delegate dentification at any time if, in our sole opinion, you or any Delegate has failed to comply with this clause. We may monitor usage to detect non-compliance with this clause including unauthorised password sharing.

Content

3.10 You agree that you shall, and shall procure that your Delegates shall, only access, use, reproduce, modify, license, download, print or otherwise make available the Content for your own business use within your company. Neither you nor your Delegates may provide the Content to any individuals outside your company, nor to any individuals within your company who are not Delegates, without our prior consent.

3.11 We grant you a limited, non-exclusive, non-transferable licence to use the Content for the duration of these Ticket Terms and Conditions in accordance with these Ticket Terms and Conditions. This licence is limited to the number of Delegates to which your booking relates.

3.12 You agree that you:

3.12.1 shall not use the Content to develop or provide, directly or indirectly, any product or service that competes with our business or any of our Affiliates’ businesses;

3.12.2 shall not use the Content in any way which might infringe any third-party rights, including third party Intellectual Property Rights;

3.12.3 shall not, to the extent the Content contains Personal Data, share that Personal Data with any third party or use the Personal Data other than for purposes for which the Content is expressly provided;

3.12.4 shall, to the extent the Content contains Personal Data, comply with any obligations you may have under Data Protection Legislation;

3.12.5 shall not use the Content in any way that is contrary to applicable law;

3.12.6 shall not modify, decompile or reverse engineer any software supplied as part of the Content;

3.12.7 shall not alter any copyright notice or other notices indicating rights in Content; and

3.12.8 shall not commercially exploit the Content.

3.13 We, or our content providers, are the owners or licence holders of the intellectual property rights in the Content. Subject to clause 3.11, you acknowledge and agree that nothing in these Terms shall be construed so as to transfer any intellectual property rights in the Content to you.

3.14 Digital Content may contain links to third party websites. You are responsible for deciding whether to access a third-party website and your use of third party websites will be governed by the terms of that third-party website. We have no responsibility for any aspect of third party websites.

3.15 For the purposes of these Ticket Terms and Conditions, “Content” means the webinars, roundtables, speaking slots, publications, articles, materials, documents, data, research, reports and/or other information that is provided to you and your Delegates by us or one or more of our Affiliates as part of or in connection with the Event, in any format (whether digital or print).

3.16 The Content is provided to you for general information purposes only and does not address individual requirements. It is not intended to amount to advice, recommendations, representations or endorsements on which you should rely. You should obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of any Content.

4. AMENDMENTS, CANCELLATION AND POSTPONEMENT

No cancellation by you

4.1 Save as expressly set out at Clause 4.3 and 4.4, you shall not be entitled to cancel your booking or receive a refund of the Fee at any time after you have received a booking confirmation from us in accordance with Clause 2.4, whether under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or otherwise.

Change in delegate

4.2 In the event that you or a Delegate are subsequently unable to attend the Event, subject to our approval, you may transfer that booking to a colleague from the same organisation (as specified in the Booking Form) without charge. All such amendments must be notified to us at least 24 hours prior to the date of the Event at customerservices@marketingweek.com. Under no circumstances may your Event booking be resold by you or on your behalf. If we have not charged you a Fee in order to attend the Event and you are unable to attend or offer an alternative attendee from the same organisation in accordance with this Clause 4.2, you will be charged the cancellation fees set out in the Booking Form (to the extent applicable).

Amendments to the Event

4.3 We may, at our sole discretion and without liability to you, make changes to the Event timings, content, schedule and/or location (provided that any change in location shall be within a reasonable distance of the location previously advertised). Any change in the Event date(s) shall be subject to Clause 4.4 or 4.5, as applicable.

4.4 We reserve the right to alter the medium in which the Event is to be delivered (i.e. in person or virtually) and shall give you reasonable notice of any such alteration. If an Event is altered from in-person to virtual or vice versa we shall not be liable to you for any amounts including for any refund of the Fee paid.

Cancellation or postponement of the Event for Reasons Outside of Our Control

4.5 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Ticket Terms and Conditions that is caused by Reasons Outside Our Control, except as otherwise set out in this Clause 4.5. In the event that it is necessary to cancel or postpone the Event as a result of Reasons Outside of Our Control (as decided by us in our sole discretion), we will endeavour to arrange a replacement Event and, in such circumstances, your booking and the Ticket Terms and Conditions shall apply to such replacement Event. You acknowledge that this shall constitute your sole remedy, and our only liability to you, in such circumstances.

“Reasons Outside of our Control” means any act or event beyond our reasonable control, including without limitation 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 other natural disaster, epidemic or pandemic or failure of public or private telecommunications networks, or failure of any third party (or their services) including any subcontractor or supplier.

Cancellation or postponement for any other reason

4.6 In the event that it is necessary to cancel or postpone the Event as a result of a reason not covered by Clause 4.5, or cancel your Booking due to you not meeting the eligibility criteria provided by us (including via our Website), we will refund you the amount of the Fee. You acknowledge that such refund shall constitute your sole remedy, and our only liability to you, in such circumstances.

5. LIABILITY

5.1 Other than as expressly stated in the Ticket Terms and Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.

5.2 Nothing in the Ticket Terms and Conditions shall exclude or restrict our liability to you for death or personal injury resulting from our negligence, the negligence of our employees in the course of their employment, or any other liability which cannot be excluded by law.

5.3 Subject to clauses 5.1 and 5.2, we shall not be liable for: (i) loss of profits; (ii) loss of business; (iii) depletion of goodwill and/or similar losses; (iv) loss of anticipated savings; (v) loss of goods; (vi) loss of contract; (vii) loss of use; (viii) loss due to corruption of data or information; or (ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses (x) inaccuracies in Content or unavailability of Content or delay in delivery of Content; or (xi) loss or corruption of data ((i) to (xi) together being “Losses“), whether or not we were advised of the possibility of such loss by you, any Delegate or any third party.

5.4 The views expressed by any speakers at the Event are their own. We shall not be liable for the views, acts or omissions of any such speaker or any other attendee at the Event. Any information given or distributed as part of the Event shall not constitute advice and should not be relied upon.

5.5 Subject to Clause 5.1 and 5.2, our maximum aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of or in connection with the performance of our obligations under the Ticket Terms and Conditions shall be limited to a sum equal to the amount of the Fee.

5.6 You shall indemnify us and keep us indemnified from and against all claims, damage, losses, costs (including, without limitation, all reasonable legal costs), expenses, demands or liabilities arising out of or in connection with any breach by you or your Delegates of the Ticket Terms and Conditions.

5.7 You and the organisation specified on the Booking Form (if any) shall be jointly and severally liable for performance of your obligations in accordance with the Ticket Terms and Conditions, and you hereby warrant and represent that you have all necessary authority, consents and approvals to bind such organisation (if any) to the extent set out in this Clause 5.7.

6. ANTI-BRIBERY

6.1 We shall comply with our anti-bribery and anti-corruption policies (available to you on request) as updated from time to time.

7. DATA PROTECTION AND USE OF INFORMATION

7.1 We will use any personal data you provide to us in connection with your registration and attendance at the Event in accordance with our privacy policy which can be found here: https://www.marketingweek.com/privacy-policy/ . You will make available to all Delegates or other data subject(s) whose personal data you may provide to us a copy of or link to our privacy policy.

7.2 Where a Booking Form is completed on behalf of any Delegate, the person completing the Booking Form warrants that he/she has the authority to do so.

7.3 For the purposes of the Ticket Terms and Conditions: (i) “Data Protection Legislation” means all applicable data protection, privacy and electronic marketing legislation including Regulation (EU) 2016/679 (“GDPR”), the GDPR as it forms part of the laws of the UK by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (“UK GDPR”) and any related national legislation including the Data Protection Act 2018, any national legislation implementing Directive 2002/58/EC including the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended) and any replacement or repealing legislation; and (ii) “Personal Data” has the meaning given to it in the GDPR or UK GDPR as applicable.

8. MISCELLANEOUS

Entire agreement

8.1 The Ticket Terms and Conditions together with our Website Terms and Conditions and Privacy Policy constitute the entire agreement between the Parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between the Parties, whether written or oral, relating to its subject matter.

8.2 Both Parties agree that they shall not have any remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Ticket Terms and Conditions or our Website Terms and Conditions or Privacy Policy, and further that they shall have no claim for innocent or negligent misrepresentation based on any statement in the Ticket Terms and Conditions and our Website Terms and Conditions and Privacy Policy.

Assignment

8.3 We may assign, mortgage, charge, subcontract, delegate or declare a trust over any or all of our rights and obligations under the Ticket Terms and Conditions to or for the benefit of any person (including a natural person, corporate or unincorporated body (whether or not having separate legal personality)). Save as set out at Clause 4.2, you shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of your rights and obligations under the Ticket Terms and Conditions without our prior written consent.

Third party rights

8.4 The Ticket Terms and Conditions are personal to the Parties, and no third party shall have any rights, including under the Contracts (Rights of Third Parties) Act 1999, to enforce the same.

Waiver

8.5 No failure or delay by us in exercising any right or remedy provided under this the Ticket Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict our further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict our further exercise of that or any other right or remedy.

Severance

8.6 If any provision or part-provision of the Ticket Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause 8.6 shall not affect the validity and enforceability of the rest of the Ticket Terms and Conditions.

Rights and remedies

8.7 The rights and remedies provided under the Ticket Terms and Conditions are in addition to, and not exclusive of, any rights or remedies provided by law.

9. APPLICABLE LAW AND JURISDICTION

9.1 These Ticket Terms and Conditions, their subject matter and their formation, are governed by English law.

9.2 The courts of England and Wales shall have exclusive jurisdiction to settle any disputes arising in connection with these Ticket Terms and Conditions (including any noncontractual terms). However, if you are a consumer and are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
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V01092025

TERMS & CONDITIONS FOR ENTRANTS TO AWARDS

1. INTERPRETATION

The definitions and rules of interpretation in this clause apply in these terms and conditions (Conditions):

Awards: the awards event as shown on the Rules of Entry.

Company: shall mean the company named on the Online Entry Form.

Entrant: the person who is entering Material in respect of the Awards.

Entry: the completion and submission of the Online Entry Form and any other procedures to become an Entrant as set out in the Rules of Entry including payment of the Entry Fee (if applicable).

Entry Fee: the amount payable (if any) by the Entrant as prescribed on the Rules of Entry.

Force Majeure: an event beyond the reasonable control of the Company, including strikes, lock- outs or other industrial disputes (whether involving the workforce of the Company or of any other party), act of God, government actions, war, riot, hostilities (whether war be declared or not), armed conflict, terrorist attack, terrorist activity, nuclear, chemical or biological contamination, sonic boom, civil commotion, invasion, revolution, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, power failure, breakdown of plant or machinery, fire, flood, storm, disease, pandemic, epidemic or default of suppliers or subcontractors.

Intellectual Property Rights: patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including knowhow and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.

Material: any written material or images (including photographs and videos) or written nominations and any accompanying samples, visuals or additional materials provided as part of the Entry.

Online Entry Form: the online form through which Entrants may submit their Entry in respect of the Awards.

Rules of Entry: the detailed rules in respect of a particular Award that govern the entering of an Entry.

A person includes a natural person, corporate or unincorporated body (whether having separate legal personality).
Words in the singular shall include words in the plural and vice versa.
A reference to in writing excludes fax or text message.
Where the words include(s) or including are used in these Conditions, they are deemed to have the words without limitation following them and where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
Any obligation in these Conditions on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
A reference to a statute or statutory provision is a reference to it as amended, extended or re- enacted from time to time.

2. SUBMITTING AN ENTRY

By submitting an Entry to the Awards, the Entrant confirms that they have read, understand and agree to the Rules of Entry and these Conditions.
For the avoidance of doubt, no terms other than those set out on the Rules of Entry and these Conditions shall apply to the Entrant. Entrant’s own terms and conditions shall not apply whether supplied by the Entrant before or after the submission of an Entry.
In the event of a dispute or disparity between these Conditions and any provision of the Rules of Entry the provisions of the Rules of Entry shall prevail over these Conditions.
Entrants acknowledge that Company may share any information provided to them in relation to the Awards with its employees, officers, representatives and/or subcontractors in connection with the administration of the Awards and in accordance with its Privacy Policy, here: https://www.marketingweek.com/privacy-policy/

3. PAYMENT

Payment of the Fee may be by any method accepted by the Company from time to time. The Rules of Entry shall specify the Entry Fees for Awards entries and the payment terms.
An Entry may not be allowed in the Awards if any payment is outstanding on the due date of payment. This shall be at the Company’s discretion from time to time.
If any payment is overdue from an Entrant, the Company reserves the right (in its sole discretion and without limiting any other remedies it may have under these Conditions):
to charge interest on the overdue sum in accordance with the Late Payment of Commercial Debts (Interest) Act 1998; and/or
to levy a reasonable charge to reflect the additional administrative costs involved in collection of such debts, together with the costs and charges of any debt collection agency used; and/or
to suspend any or all Entries such Entrant has made.
In the event of the Entrant being unable to pay its debts as a result of becoming the subject of insolvency, administration or bankruptcy or similar orders, notices, proceedings, resolutions or arrangements in whatever jurisdiction being unable to pay its debts or making a composition with its creditors or going into liquidation or being under the appointment of a receiver or administrator, the Company reserves the right to cancel any Entry without being under any liability to refund or abate any Entry Fees.

4. INTELLECTUAL PROPERTY RIGHTS

Where Material is submitted by the Entrant the Entrant confirms that either:
the Material is an original work of the Entrant; or
if the Material is not an original work of the Entrant, permission has been sought and given by the owner of the Material for its submission by the Entrant and to the detail of any credits given; or
in the case of the Material being an original work of the Entrant but undertaken on behalf of a 3rd party, that permission has been sought and given by that 3rd party for its submission by the Entrant and to the detail of any credits given in respect of the Material.
In either of the cases at 4.1.1, 4.1.2 and 4.1.3 above, but subject to clause 4.3, the Entrant grants, or warrants that it has procured the grant of, an irrevocable, non-exclusive, royalty free, worldwide license for the Company to use the Material in any media for the purpose of the Awards.
Where Material submitted by the Entrant is of a confidential nature, the Entrant should refer to the Rules of Entry as to how such Material should be labelled and/or presented to protect such confidentiality and disapply the licence granted by the Entrant by virtue of clause 4.2. For the avoidance of doubt the Entrant acknowledges that the Material will still be used as necessary to perform the administrative aspects of delivering the Awards. In relation to Materials accompanying the Entry (e.g. physical samples), the Company does not accept liability for: (a) any loss of or damage to any such Materials or (b) for failure to return the same should the Entrant not properly follow the return process specified in the Rules of Entry and in such circumstance, Company may deal with such Materials as it chooses in its sole discretion.
The Company does not accept any liability for incorrect information supplied by the Entrant or for publishing or displaying Material where the necessary rights and permissions have not been obtained by the Entrant.
The Entrant undertakes to defend the Company from and against any claim or action that the possession, use, development, modification or maintenance of the Material (or any part thereof) infringes the Intellectual Property Rights of a third party (a “Claim”) and shall fully indemnify and hold harmless the Company from and against any losses, damages, costs (including all legal fees) and expenses incurred by or awarded against the Company as a result of, or in connection with, any such Claim.

5. CANCELLATION BY ENTRANT

Where the Entrant cancels or withdraws an Entry or fails to make a payment in accordance with the Rules of Entry on the due date, the Company reserves the right to suspend or cancel the Entry or accept the action of such Entrant as cancellation of such Entry. However, in the event of such a cancellation, no refund will be made of Entry Fees paid and any Entry Fees due and unpaid will remain payable by the Entrant.

6. LIMITATION OF LIABILITY

The Entrants’ attention is particularly drawn to the provisions of this clause.

Entrants acknowledge that the Company is not liable for any act or omission by the judges involved in the Awards. Other than as expressly stated in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.
Nothing in these Conditions limits or excludes the liability of the Company for death or personal injury resulting from negligence or for fraud or fraudulent misrepresentation.
Subject to clauses 6.1 and 6.2, the Company shall not be liable for:
loss of profits; or
loss of business; or
depletion of goodwill and/or similar losses; or
loss of anticipated savings; or
loss of or damage to goods including any Material; or
loss of contract; or
loss of use; or
loss of corruption of data or information; or
loss, howsoever arising or resulting, from the cancellation, change in date or re-siting of the Awards: or
any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses

6.3.1 to 6.3.10 above (inclusive) each being “Losses”.

Subject to clauses 6.1 and 6.2, the Company’s 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 any Order shall be limited to the Entry Fee.

7. CANCELLATION, CHANGE IN OR TERMINATION OF THE AWARDS

If the Company decides to re site, the Awards to another venue or change the date of the Awards or hold the Awards without an Awards ceremony:7.1.1 the Company shall not be liable to refund any Entry Fees; and7.1.2 the Entrant shall remain liable to pay the Company any outstanding Entry Fees.
If the Company cancels the Awards completely:7.2.1 the Company shall be liable to refund any Entry Fees; and7.2.2 the Entrant shall not remain liable to pay the Company any outstanding Entry Fees.

8. TERMINATION

If the Entrant is in breach of any material terms of these Conditions or the Rules of Entry and the breach is not capable of remedy, or if the breach is capable of remedy but the Entrant has failed to remedy such breach within the required period stated in the notice so to do, the Company shall have the right to terminate this agreement without further notice.
Termination of the agreement in accordance with Clause 8.1 above shall not:
oblige the Company to return any Entry Fees already paid to the Company in respect of the Entry; or
relieve the Entrant of its obligation to pay all amounts outstanding in respect of the Entry Fees to the Company.

9. OTHER ISSUES

The relevant Rules of Entry together with these Conditions constitute the whole agreement and understanding of the parties and supersede and extinguish any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement.
Save for those expressly stated in these Conditions, no rights or obligations in respect of the Company’s Intellectual Property Rights (whether registered or unregistered and including all applications for and renewals or extensions of such rights) are granted to the Customer or to be implied from these Conditions.
The Company may at any time assign, transfer, mortgage, charge or deal in any other manner with any or all its rights and obligations under this Agreement. The Customer shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement without the Company’s prior written consent.
Failure by the Company to insist upon strict performance by the Entrant of any of these Conditions or, the Rules of Entry shall not operate as a waiver or otherwise release or in any way affect the liability of the Entrant under these Conditions.
The Company shall have no responsibility or liability to the Entrant for any failure, delay or omission on its part or resulting from any event of Force Majeure.
The Contracts (Rights of Third Parties) Act 1999 and any legislation amending or replacing this Act shall not apply in relation to an Entry and nothing in an Entry shall confer on any third party the right to enforce any provision of the Entry.
Each party shall procure that its employees, agents and sub-contractors shall always act in an ethical business manner and shall not at any time contravene or breach the provisions contained in the Bribery Act 2010 or any legislation relating to anti bribery. Breach of this clause will be regarded as a material breach of this agreement which cannot be remedied, and which shall allow the non-defaulting party to immediately terminate the agreement by written notice to the other party.

10. LAW APPLICABLE

These Conditions and the Rules of Entry and any dispute or claim arising out of or in connection with them or their subject matter will be governed by English Law and subject to the exclusive jurisdiction of the English Courts.

Booking Terms and Conditions

1. DEFINITIONS AND INTERPRETATION

2. ORDERS AND FORMING YOUR SUBSCRIPTION

3. PROVIDING CONTENT

4. YOUR CONTENT OBLIGATIONS

5. CHARGES AND PAYMENT CHARGES

Charges

Payment

Special Offers

6. OUR RIGHT TO VARY THESE TERMS

7. DELIVERY

8. TERM AND TERMINATION

9. CONSEQUENCES OF TERMINATION

10. INTELLECTUAL PROPERTY RIGHTS

11. LIMITATION OF LIABILITY

12. EVENTS OUTSIDE OUR CONTROL

13. COMMUNICATIONS BETWEEN US

14. GENERAL

1. Interpretation

2. Provision of the Services

3. Fees

4. Intellectual Property

5. The Client’s Obligations

6. Indemnification

7. Limitation of Liability and Insurance

8. Termination

9. Confidentiality

10. Force Majeure

11. Notices

12. Anti-Bribery

13. Miscellaneous

14. Governing law and jurisdiction

1. Sponsor Rights

2. MWCR’s Rights

3. The Client’s Obligations

4. Approval of Sponsor Materials

5.Termination

6. Cancellation or termination of the Sponsored Event

7. Cancellation by the Client

8. Sponsor Representative

9. Requirements of Superior Authorities and Prohibited Activities

10. Webinars

1. Attendance at the Event

2. Amendments, cancellation and postponement

Personal Data

5. Intellectual Property Rights

1. DEFINITIONS

2. Fees

3. The Client’s Obligations

4. Data protection

1. INTERPRETATION

2. SUBMITTING AN ENTRY

3. PAYMENT

4. INTELLECTUAL PROPERTY RIGHTS

5. CANCELLATION BY ENTRANT

6. LIMITATION OF LIABILITY

7. CANCELLATION, CHANGE IN OR TERMINATION OF THE AWARDS

8. TERMINATION

9. OTHER ISSUES

10. LAW APPLICABLE

Search anything and hit ‘Enter’