Thank you for your interest in our products. Please read our terms relating to these carefully…
These terms and conditions apply between the person, company or other legal entity as set out in the applicable booking or order form (“you” or “your”) and Watertight Marketing Ltd (“us” or “we”), in relation to the receipt by you of the Watertight Marketing Product (Product) set out in the applicable booking or order form (Booking Form), on the date(s) set out in the Booking Form.
1. Application of these terms and conditions
1.1 When you submit the Booking Form (“your application”) you agree to be bound by these terms and conditions in the event that we accept your application.
1.2 If you are a company or other legal entity, you may make applications on behalf of your employees but you may not make applications as agent for any third party or sell or otherwise transfer your application or any resulting booking to others, or exploit the application or booking commercially or non-commercially in any way, without our written consent.
1.3 A binding contract between you and us will only be formed when we have given you written confirmation of our acceptance of your application and booked your place (“Acceptance”). We have the right in our sole discretion to refuse to provide Acceptance.
2.1 Payment of the relevant fees applicable to the Product is due on application.
2.2 We reserve the right to change the fees applicable to any Product at any time but any such changes will not affect applications after the date of Acceptance of such application.
3. Cancellation and changes to delivery of the Product
3.1 In the event that you wish to cancel an application after the date of Acceptance, you must provide us with written notice to the email address set out in the Booking Form.
3.2 If you cancel your application in accordance with clause 3.1, you will receive a refund of any fees paid as follows (which you agree is your sole and exclusive remedy in relation to any cancellation of your application by you and all other liability is expressly excluded):
- 28 days or more: 90 of paid fees refunded (plus applicable VAT)
- Between 14 and 28 days: 50 of paid fees refunded (plus applicable VAT)
- Less than 14 days: 0 of paid fees refunded (plus applicable VAT)
3.3 We may (at our sole discretion) change the format, speakers, participants, content, venue location and programme or any other aspect of the Product at any time and for any reason on notice to you, in each case without liability.
3.4 We may (at our sole discretion) change the date or cancel the delivery of a Product at any time for any reason. In such a situation, we shall offer you the option of attending any rearranged delivery of the Product in question. If you promptly notify us in writing before the date of delivery of the Product that you do not wish to attend the rearranged delivery of the Product or if we elect not to rearrange the delivery of the Product then you will (as your sole remedy) be entitled, at your discretion, to receive a refund of the applicable fees received by us.
3.5 To the fullest extent permitted by the applicable law, we shall not be liable to you for any loss, delay, damage or other liability incurred resulting from or arising in connection with the cancellation or date change of the delivery of any Product howsoever arising or any venue change. You acknowledge and agree that the provisions of this clause 3.5 set out your sole remedy should the date of delivery of a Product be changed or cancelled and all other liability is expressly excluded.
4.1 We may (at our sole discretion) refuse admission to, or eject from attendance at the delivery of the Product, any person who fails to comply with these terms and conditions or who in our opinion represents a security risk, nuisance or annoyance to the delivery of the Product. You agree to comply with all reasonable instructions issued by us or the venue owners in relation to the delivery of the Product.
4.2 All unauthorised photography and other forms of audio or visual recording or transmitting of the contents of the Products are expressly prohibited. You consent to us filming, sound recording and/or photographing the delivery of any Product as a delegate and you consent to our use of any such film or sound recording or photography for our promotional, marketing and other purposes.
5. Intellectual property
5.1 We (or our licensors) own all intellectual property rights (including, without limitation, patents, copyright and related rights) subsisting in documents, manuals, hardware, software and other materials provided to you by us in relation to the receipt by you of the Products (Materials).
5.2 We hereby grant you a non-exclusive, non-transferable, non-sub licensable, limited licence to use such Materials as are provided to you in relation to your receipt of the Product, solely for your internal business purposes. You agree to comply with any other terms and conditions notified to you by us in relation to any supplied Materials.
6.1 Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
6.2 In relation to our obligations under these terms and conditions, except as expressly stated in these terms and conditions, to the extent permitted by law we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, including without limitation such loss or damage arising out or in connection with the following:
6.2.1 loss of profits, sales, business or revenue;
6.2.2 loss of agreements or contracts;
6.2.3 business interruption;
6.2.4 loss of anticipated savings;
6.2.5 loss of business opportunity, goodwill or reputation;
6.2.6 loss of use or corruption of software, data or information; or
6.2.7 any indirect or consequential loss or damage.
6.3 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.
6.4 Subject to clauses 5.1 to 5.3, our total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms and conditions shall be limited to the fees paid by you in relation to the Product in question.
7. Variation and third party rights
7.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no person other than us and you shall have any rights under it. The terms of this agreement or any of them may be varied, amended or modified or this agreement may be suspended, cancelled or terminated by agreement in writing between the parties or this agreement may be rescinded (in each case), without the consent of any third party.
8. Governing law and jurisdiction
8.1 This agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.
8.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of this agreement.
For any questions on these terms, please contact us using this form.