TERMS AND CONDITIONS – TICKETS
1. About us
1.1 Company details. Barker Brooks Communications Limited (company number 08205584) (we and us) is a company registered in England and Wales and our registered office is at Gresham House, St Pauls Street, Leeds, LS1 2JG. Our VAT number is 150258336 We operate the websites www.barkerbrooks.co.uk, fintech-intel.com, www.yorkshirelegalnews.co.uk (Website)
1.2 Contacting us. To contact us, telephone us on 01423 851150 or email us at email@example.com How to give us formal notice of any matter under the Contract is set out in clause 14.2.
1.3 Our business. We hold business awards events for different industry bodies (Event(s)). For each Event we hold independently judged awards in various categories, as detailed on the website. For each entry made by your company there is, if applicable, a non-refundable fee (Entry Fee) which entitles your company to enter multiple categories, if relevant. We sell tickets for attendance at each Event (Tickets). For each company shortlisted for an award we offer the opportunity to purchase the Tickets.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to your purchase of the Entry Fee and/or the Tickets and your attendance at any of our Events (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
3. Registering for an Event and purchasing tickets
3.1 Registering for an Event. Please follow the onscreen prompts on the website to enter the awards at an Event. The registration will constitute an offer by you to pay the Entry Fee and/or enter the award category/categories (Entry) subject to these Terms. If applicable, payment of the Entry Fee will entitle your company to enter various categories offered for the Event as detailed on the website.
3.2 Information required at the time of the Entry. You will be responsible for providing us with all the required information at the time of submitting the Entry.
3.3 Accepting the Entry. Our acceptance of the Entry takes place when we send an email to you with confirming the Entry at which point and on which date (Commencement Date) the Contract between you and us will come into existence. If we are unable to accept the Entry for any reason, we will inform you of this by email and we will not process the Entry.
3.4 Purchasing the Tickets. You can purchase Tickets for an Event you wish to attend subject to these terms and conditions. If your Entry is shortlisted for an award category we shall contact you to offer you the opportunity to purchase the Tickets (this includes whole tables). You will be responsible for providing any information we request for each person you purchase Tickets for or have invited to attend an Event. If you agree to purchase any Tickets we will provide you with an invoice for these.
3.5 Supply of the Tickets. The Tickets will be emailed to you on receipt of payment in full and cleared funds. We will not send out any paper tickets.
4.1 You are not entitled to cancel the Entry or the purchase of the Tickets at any time and there is no right to a refund for the Entry Fee or Tickets.
4.2 Our awards are judged by independent panels and paying the Entry Fee will have no impact on your being shortlisted for, or your winning of, an award category. We will notify you if you are shortlisted.
5. Your obligations
5.1 It is your responsibility to ensure that:
(a) the Entry submitted is complete and accurate;
(b) you cooperate with us in all matters relating to the Entry and purchase of the Tickets;
(c) you comply with all the requirements for the Entry;
(d) you, or anyone you are responsible for, behaves reasonably and professionally when attending any of our Events;
(e) you, or anyone you are responsible for, do nothing that may bring us or our Events into disrepute.
5.2 If our ability to process the Entry or process your purchase of the Tickets is prevented or delayed by any failure by you to fulfil any obligation listed in clause 5.1 (Your Default):
(a) we will be entitled to suspend your right to enter an award category or purchase the Tickets. In certain circumstances Your Default may entitle us to terminate the Contract under clause 12 (Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay comply with your obligations; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
6.1 For us to provide you with access to our online awards portal you must pay the Entry Fee at the time of registration using the online process. In consideration of us supplying you the Tickets you must pay us within no less than 30 days of receiving our invoice and in all instances payment must be made prior to the date of the Event.
6.2 The prices are the prices quoted on our website or by our representatives at the time of your Entry or at the time you purchase the Tickets.
6.3 If you wish to change your order for the Tickets after we accept it, and we agree to such change, we will modify the amount due accordingly.
6.4 We take all reasonable care to ensure that our prices are correct at the time when the relevant information was entered into the system. However, please see clause 6.7 for what happens if we discover any errors.
6.5 Our prices may change from time to time.
6.6 Our prices are exclusive of VAT.
6.7 It is always possible that, despite our reasonable efforts some of the prices may be incorrect. Where there is an error on the pricing that is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your purchase and refund you any sums you have paid.
7. How to pay
7.1 Payment for the Entry Fee is due at the time you register on the website.
7.2 You can pay for the Entry Fee via our website using PayPal or as otherwise directed by our representatives if you don’t have access to PayPal.
7.3 Payment for the Tickets is due within 30 days of your receipt of our invoice.
7.4 We request that you pay for the Tickets by bank transfer.
8. Intellectual property rights
8.1 All intellectual property rights in or arising out of or in connection with the Events under the Contract (other than intellectual property rights in any materials provided by you) will be owned by us.
8.2 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract.
9. How we may use your personal information
9.1 We will use any personal information you provide to us to:
(a) provide the Events;
(b) process your payments; and
(c) inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
10. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
10.1 We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £5000,000 per claim. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.
10.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.3 Subject to clause 10.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
10.4 Subject to clause 10.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Fees paid under the Contract.
10.5 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
10.6 This clause 10 will survive termination of the Contract.
11.1 We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 11.2.
11.2 We each may disclose the other’s confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 11; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
11.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
12. Termination, consequences of termination and survival
12.1 Termination. Without limiting any of our other rights, we may terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to deliver an Event, perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for an Event after the Event Outside Our Control is over.
13.3 If we are unable to arrange a new date for an Event under clause 13.2(b) within 12 months of the original date of that Event we will have the right to cancel the Contract affected by an Event Outside Our Control and you may be entitled to a refund for the Entry Fee and/or the Tickets.
14. Communications between us
14.1 When we refer to “in writing” in these Terms, this includes email.
14.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and should be sent by email.
14.3 A notice or other communication sent by email is deemed to have been received at 9.00 am the next working day after transmission.
14.4 In proving the service of any notice, it will be sufficient to prove, that such email was sent to the email address specified in these Terms.
14.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
15.1 Assignment and transfer
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
15.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
15.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
15.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
15.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.