Introduction

These are the terms and conditions (Terms) on which AGI accepts your request to participate as an Attendee at the Event. References in these Terms to AGI, we, us, our or ours are references to The Association for Geographic Information Ltd (AGI) a company incorporated and registered in England and Wales with company number 02445202 and whose registered office is at Lancaster Court, 8 Barnes Wallis Road, Fareham, England, PO15 5TU. Our VAT number is 50331778. References to you, your or yours in these Terms shall be to the attendee detailed on the Booking and confirmed in the Order Confirmation.

Definitions

In these Terms the following definition shall apply:

Booking: the Agreement

Business Day: a day, other than Saturday, Sunday or public holiday in England, when banks in London are open for business.

Confidential Information: all confidential information disclosed by a party to the other party in connection with the Contract, including but not limited to, any information that would be regarded as confidential by a reasonable business person relating to the business, affairs, customers, clients, suppliers, plans, intentions, or market opportunities of the disclosing party.

Contract: the agreement between you and us and which incorporates these Terms and any other terms incorporated by reference.

Event: the event specified in both the Booking and the Order Confirmation.

Event Platform: the virtual online platform through which the Event will take place.

Exhibition Manual: the information pack about the Event and Event Platform that we may send to you prior to the Event.

Fee: the fee agreed between you and us as confirmed in the Order Confirmation.

Force Majeure Event: any circumstance not within a party’s reasonable control including, without limitation, acts of God, flood, natural disaster, epidemic, pandemic, terrorist attack, chemical or biological contamination, collapse of buildings, fire, explosion, industrial action or failure of utility service.

Order Confirmation: the email we send to you to confirm the details of your order.

Booking

Your order must be submitted using the Online Booking Portal. Once your order has been confirmed, an Order Confirmation will be emailed to the email address you specified in the Booking, at which point the Contract will commence. No Contract is formed until we send the Order Confirmation. We reserve the right to refuse any Booking Form for any lawful reason.

Fee and payment

Payment of the Fee in full, in pound sterling (or in such other currency as may be stated on the Booking) and including any applicable VAT, charges, fees or other transactional costs, must be made during the booking process. We reserve the right to add interest, accruing daily, at an annual rate of 2% may be charged on late payments post the event delivery.

Data protection

For the purposes of this clause 9, the following terms shall have the following meanings: DP Laws means the General Data Protection Regulation (EU) 2016/679 (GDPR), Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 and all other applicable laws (each as amended or repeated from time to time); and Controller, Data Subject and Personal Data shall have the meanings as defined in the DP Laws. Your Personal Data will be processed in line with our standard processes and DP Laws. We and you agree and acknowledge that: to the extent either or both of us processes Personal Data which is transferred to it by the other party, it will be deemed to be a sole Controller in respect of that processing of Personal Data, except in circumstances where a joint Controller relationship has been agreed and established, or when the recipient is acting as a Processor and has an appropriate and compliant contract in place; it will duly comply with its respective obligations both under DP Laws, and those which arise in connection with the Contract and not knowingly do or omit to do anything which would result in a breach by the other party of DP Laws; it will have in place, and maintain throughout the term of the Contract, all appropriate technical and organisational measures against unauthorised, unlawful or unintended processing, use of, access to, or theft of the Personal Data transferred to it by the other party; it shall provide all reasonable assistance to the other party in order to assist the other party to comply with its obligations under DP Laws; and in connection with any Personal Data that it shares with the other party, that it has the necessary rights under DP Laws to transfer such Personal Data and share it with the other party, and can satisfy itself that any transfers are otherwise compliant with DP Law.

In the event of any contradiction or inconsistency between the terms of this clause 20 and any term of the Contract, in respect of any processing of Personal Data the terms of this clause 20 shall prevail. This clause 9 shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts. If it is a requirement that, under GDPR, this clause 20 must be governed by the laws of a member state of the European Union and English law shall not suffice, this clause 20 shall be governed by and construed in accordance with the laws of Ireland.

Cancellation and postponement

10.1.1 postpone the Event for any reason we will offer you either:

(a) the opportunity to attend the rescheduled Event; or

(b) a refund of the Fee and cancel associated benefits.

10.1.2 cancel the Event we will refund the Fee and cancel associated benefits.

10.2 We exclude any liability in respect of any actions, claims, losses (including, without limitation, indirect or consequential losses), damages, costs or expenses whatsoever incurred by you, your sub-contractors or agents as a result of our postponement or cancellation of an Event.

10.3 In addition to any rights contained within Clause 10.1, we may cancel your booking at any time by written notice if:

10.3.1 you materially breach the terms of the Contract;

10.3.2 we reasonably believe that your attendance at the Event or your association with us may:

(a) damage our reputation;

(b) require (or make it being reasonably prudent to require) us to incur additional costs by virtue of your attendance. At our discretion we may alternatively request that you pay for any additional costs.

10.4 If Clause 10.3.2 applies and we cancel your booking we will refund the Fee (less any reasonable costs already incurred by us at the time of cancellation) but shall otherwise not be liable for any costs, charges, fees or any losses howsoever incurred by you or any third party as a direct or indirect result of our cancellation.

If you:

10.6 Cancel your booking, you are entitled to a full refund and cancellation of your membership less a £5 administration fee, if you provide notice to the AGI Office info@agi.org.uk within five working days prior the event. If your cancellation falls within five working pays prior to the event you are not entitled to a refund.

Force majeure

If we are prevented, hindered or delayed in performing any of our obligations under the Contract by a Force Majeure Event, we shall not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations.

Liability

No warranties in respect of any aspect of the Virtual Event or any materials related thereto or offered at the Virtual Event and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Virtual Event is provided on an “as-is” basis. The views, opinions, and positions expressed by the speakers, attendees, or sponsors at the Virtual Event are theirs alone and do not necessarily reflect the views, opinions, or positions of the AGI or any connected persons. Virtual Event makes no representations as to accuracy, completeness, timeliness, suitability, or validity of any information presented by speakers, attendees or sponsors at a AGI Virtual Event and will not be liable for any errors, omissions or delays in this information or any losses, injuries or damages arising from its display or use. AGI does not endorse, and expressly disclaims all liability relating to, any of the products or services provided by speakers, attendees, or sponsors.

Except as required by law, neither AGI nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Virtual Event or other aspect related thereto or in connection with this Agreement.

The maximum aggregate liability of Virtual Event for any claim in any way connected with, or arising from, the Virtual Event or this Agreement, whether in contract, tort or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to the AGI under this Agreement.

Compliance and legislation

It is your responsibility to ensure that you comply with all applicable laws, statutes, regulations and codes including, without limitation, health and safety legislation and AGI's code of conduct.

Variations

No variation of these Terms will be effective unless explicitly communicated by the event provider.

Waiver

Any failure to enforce at any time any of the provisions shall not be deemed to be a waiver of our rights hereunder nor in any way affect the validity of the whole or any part of the Contract.

Enforceability

If any provision in these Terms is held to any extent to be illegal or unenforceable under any enactment or rule of law, that provision, or part thereof, shall to that extent, be deemed not to form part of these Terms and the remainder of these Terms shall continue in force.

Third Parties

The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.

Partnerships

Nothing in the Contract shall be deemed to constitute a partnership between you and us.

Notices

Any notices to be served on either you or us by the other party shall be sent by email to the email addresses stated below and shall be deemed to be received by the addressee on the next Business Day provided that no message is received by the sender stating that such message was not delivered; AGI: info@agi.org.uk ; You: the email address provided on the Booking.

Law

Each Contract concluded under these Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.

Entire agreement

These Terms together with any documents incorporated by reference constitute the entire Contract between you and us and replace all previous agreements, representations and understandings relating to its subject matter.