Terms and Conditions

DELEGATE TERMS AND CONDITIONS

Terms & Conditions for Event Participation

 

Owen James Events Limited (“Owen James”) is a company registered in England and Wales at Companies House, with company registration number 05498482 and registered office at Fintel House, St. Andrews Road, Huddersfield, HD1 6NA.

These Terms and Conditions apply where Delegate attends an Owen James Event.

By accepting an Invitation to attend an Owen James Event, Delegate confirms that they have read, understood and agree to be bound by these Terms and Conditions and any other documents referred to herein.

These Terms and Conditions together with the Invitation govern the agreement between the Delegate and Owen James in respect of Delegate’s booking and attendance at an Event.

1. Definitions:

1.1 In these Terms and Conditions, the following terms shall have the following meanings:

Agreement: means the legally binding agreement between Owen James and Delegate in relation to attendance at an Event organised by Owen James, and which agreement incorporates the Invitation and these Terms and Conditions;

Applicable Laws means (i) all applicable laws, statutes, regulations or subordinate legislation; (ii) all binding court order, judgement or decree; (iii) all guidance, industry code, policy or standard enforceable by law; (iv) all applicable direction, policy, rule or order made or given by any relevant regulator or relevant authority having jurisdiction over that party or any of that party’s assets, resources or business in any jurisdiction, from time to time, in each case applicable to or binding upon that party;

Business Day means any day other than a Saturday or Sunday or a day when the clearing banks are not physically open for business in the City of London;

Code of Conduct: means the Owen James Code of Conduct for Events, which may be amended or updated from time to time and which can be found at: https://www.owenjamesevents.com/media/project_oj/document/owen-james-events-code-of-conduct-for-events-and-conferences.pdf

Commencement Date: means the date upon which this Agreement comes into force;

Data Protection Law means: the GDPR and the Data Protection Act 2018, in each case as amended, replaced or updated from time to time and together with any subordinate or related legislation made under any of the foregoing;

Delegate: means an individual who has accepted an Invitation from Owen James to attend an Event as a delegate;

 

Early Bird Rate: means an Event Fee offered by Owen James at a reduced rate or promotional rate and which Delegate may qualify for in the event that Delegate meets certain requirements, including paying the Event Fee by a deadline specified by Owen James;

Event: means the event set out in the Invitation accepted by Delegate and which may be virtual, hybrid or in-person and which may involve one or more Event Facilitators;

Event App: means the Owen James mobile phone application used in conjunction with the running of the Event, which allows amongst other things, Event Participants, including Delegate, to provide and view Profiling Data, enabling Event Participants to maximise their networking opportunities at the Event and after the Event, as well as to view Event content;

Event Contractor: means any third party (and their Representatives) that contracts with Owen James and assists in delivering elements of the Event, including the Event Venue, caterers, photographers, audio and visual recording companies;

Event Facilitator: means any third party (and their Representatives) that attends an Event and assists Owen James in the presentation of that Event or part thereof, and which may include Event Moderators and Speakers;

Event Fee: means a fee payable to Owen James by Delegate, in respect of an Event attended by Delegate pursuant to this Agreement;

Event Materials: means any documents and materials that may form part of an Event or be provided to Delegate as part of an Event, either prepared by Owen James or a third party, which may be in hard copy or electronic format and which may include any handouts, slides, or presentations;

Event Participant: means any Delegate, Sponsor and/or Event Facilitator who attends an Event;

Event Participant List: means a list produced by Owen James, in hard copy or in electronic format, of all Event Participants attending an Event and which may contain the following: a) name; (b) company; (c) job title; (d) email address; and (e) phone number and which may be included in the Event App and distributed to any and all Event Participants;

Event Venue: means the physical location where an Event is held, including hotels and conference centres, as well any company which owns, manages or controls the venue and the representatives thereof;

Force Majeure Event means circumstances beyond a party’s reasonable control including act of god, actions of third parties (including hackers, suppliers, governments or supra-national authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or general Internet failure), shortage of or inability to obtain data;

GDPR means: (i) the General Data Protection Regulation (Regulation (EU) 2016/679) (“EU GDPR”) as it forms part of UK law by virtue of the European Union (Withdrawal) Act 2018, as modified by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (SI 2019/419);

Good Industry Practice means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled, professional and experienced person engaged in the same type of undertaking under such circumstances, complying with all Applicable Laws and taking due account of any applicable guidance, codes of practice or other advice from any relevant authority;

Intellectual Property Rights means all intellectual and industrial property rights of any nature anywhere in the world, including copyright, database rights, patents, know-how, design rights, registered designs, trade mark rights, service mark rights, domain name rights and topography rights; whether or not registered or capable of protection by registration and the right to apply for any of them, for the full term of such rights and all renewals and extensions, together with all accrued rights of action;

Invitation: means an offer by Owen James to an individual to attend an Event, including pursuant to that individual's Registration Request;

Moderator: means an individual who presides over an Event, or part thereof, including leading discussions in a group or roundtable;

Privacy Policy: means Owen James’s Privacy Policy which may be amended or updated from time to time and which can be found at https://www.owenjamesevents.com/page/privacy-policy

Profiling Data: means the following data which may be provided by Event Participants, including Delegate, to Owen James for inclusion in the Event App: (a) name; (b) job title; (c) company; (d) bio; (e) e-mail address; and (f) telephone number;

Registration Request: means an individual’s request to Owen James to be considered for an Invitation to an Event in order that individual can attend that Event as a Delegate;

Representatives in respect of a party means any of that party’s respective officers, directors, employees, consultants, sub-contractors, agents and professional advisers and “Representative” means any of them;

Services: means any and all deliverables and services supplied by Owen James to Delegate pursuant to this Agreement, including organising Events and providing Event Materials;

Speaker: means a third party expert on a specific subject who will host an Event or a selected part of an Event for and on behalf of Owen James, and which includes keynote speakers;

Sponsor: means a person or company that pays for or contributes to the costs of hosting an Event in return for marketing opportunities to Delegates;

The Pulse: means Owen James’s online data portal, which includes anonymised and aggregated data; and

VAT means value added tax or any other similar or equivalent tax chargeable on the sale of services, in the UK.

1.2 References to statutes or statutory provisions shall be construed to include references to those statutes or statutory provisions as amended or re-enacted from time to time and shall include any orders, regulations, instruments or other subordinate legislation under them.

1.3 The headings in the Agreement are for ease of reference only and shall not in any way affect its construction or interpretation.

1.4 A reference to a recital, clause or Schedule is a reference to a recital or clause of or Schedule to the Agreement and a reference to a sub-clause is a reference to a sub-clause of the clause in which the reference appears.

1.5 A reference to a “party” or “parties” shall be to a party or parties to this Agreement and includes that party’s personal representatives, successors and permitted assigns, as the context requires.

1.6 A reference to a “person” includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and any other legal or commercial entity or undertaking and its personal representatives, successors and permitted assigns.

1.7 A reference to a “company” includes any company, corporation or other body corporate, wherever and however incorporated or established.

1.8 Words denoting the singular include the plural and vice versa, and words denoting any one gender include all genders and vice versa.

1.9 The words and phrases “other”, “including” and “in particular” shall not limit the generality of any preceding words or be construed as being limited to the same class as the preceding words where a wider construction is possible.

1.10 A reference to “writing” or “written” includes e-mail.

 

2. Basis of the Agreement

2.1 Participation at an Event is by Invitation only. An Invitation shall be deemed to be accepted on the date when Delegate confirms in writing or via the online booking system, acceptance of the Invitation received from Owen James (“Acceptance Date”)

2.2 This Agreement shall become legally binding on the Acceptance Date. The Acceptance Date shall be the Commencement Date unless otherwise provided.

 

3. Payment of Event Fee

3.1 Event Fee shall be paid in full by Delegate and received by Owen James in cleared funds, prior to Delegate’s attendance at Event.

3.2 Owen James shall confirm receipt of Event Fee by e-mail, to Delegate.

3.3 Event Fees may be paid by debit card, credit card, or bank transfer.

3.4 In the event that Delegate accepts an Invitation from Owen James less than two weeks before Event will take place, Owen James will only accept payment of Event Fees by debit card or credit card.

3.5 In the event that Delegate qualifies for an Early Bird Rate, Delegate shall pay Event Fee to Owen James by the relevant deadline specified by Owen James. In the event that Delegate does not pay Early Bird Rate Event Fee to Owen James by the relevant deadline, Delegate shall be liable to pay the full Event Fee.

3.6 Early Bird Rate Event Fees are non-transferable.

3.7 Unless otherwise provided in the Invitation or otherwise agreed in writing, Event Fee is solely in respect of Delegate’s attendance and refreshments at Event. Event Fee does not include travel costs, parking, accommodation or any other costs associated with attending the Event.

3.8 In the event that Delegate wishes to stay overnight, prior to, during or after the Event, Delegate may either book their own accommodation, or book accommodation through Owen James. In the event that Delegate books accommodation through Owen James, this will be invoiced separately and in addition to the Event Fee and shall be paid by Delegate prior to Delegate staying at the accommodation.

3.9 Where applicable, VAT will be payable on all Event Fees. In the event that the VAT rate changes between the Acceptance Date and the date of the Event, Owen James will adjust the VAT rate payable by Delegate, unless Delegate has already paid Event Fee in full and Owen James has received cleared funds before the VAT rate change takes effect.

 

4. Pre-Event

4.1 Owen James will discuss the Event agenda and options with Delegate prior to the Event.

4.2 Delegate will select their Event options prior to the Event.

4.3 Owen James will request Delegate to provide Profiling Data for inclusion within the Event App.

4.4 Delegate will inform Owen James not less than seven (7) days prior to Event of: (a) any special dietary requirements; and (b) any special access needs. Delegate acknowledges and agrees that any information provided by Delegate to Owen James pursuant to this clause may be shared by Owen James with Event Contractors, as Owen James in its sole discretion deems appropriate.

4.5 Owen James will forward to Delegate, not less than seven (7) days prior to Event, the Event name, the Event date and the Event Venue details, including the Event Venue address, map, travel directions and car parking details.

 

5. Owen James’s Obligations

5.1 Owen James will use all reasonable endeavours to meet any performance dates specified or estimated timescales agreed. In the event that no performance dates are so specified or estimated timescales agreed, Owen James will perform its obligations within a reasonable time.

5.2 Owen James shall provide and perform the Services in accordance with Good Industry Practice for the benefit of

5.3 Owen James warrants to Delegate that it shall use reasonable skill and care in providing the Services.

5.4 Owen James shall ensure that: (a) each of Owen James’s Representatives is suitably qualified, adequately trained and capable of providing the applicable Services in respect of which they are engaged; and (b) there is an adequate number of Owen James’s Representatives to provide the Services properly.

5.5 Owen James is not responsible for any service not expressly stipulated by Owen James as being part of the relevant Services.

5.6 Notwithstanding any other terms of this Agreement, Owen James will not be in breach of the Agreement or otherwise liable to Delegate for any failure to perform, or delay, or defect, in performing Owen James’s obligations under this Agreement, if its failure to perform or the delay or defect in performing its obligations under this Agreement arises as a result of a Force Majeure Event.

 

6. Event Format, Content, Change and Cancellation

6.1 An Event may be virtual, hybrid or in-person.

6.2 Owen James reserves the right to change the date, time, venue, format and content of the Event (each an “Event Change”) at its sole discretion and at any time prior to the date of the Event.

6.3 In the event of an Event Change, Owen James will where practicable and possible, provide Delegate with at least twenty-one (21) days’ written notice of such Event Change, prior to the date of the Event and in any event as much notice as is reasonably practicable.

6.4 Where there is an Event Change, Delegate may request in writing, by email to info@owenjamesgroup.com that an alternative person (“Alternative Delegate”) attend the Event in place of Delegate, providing: a) name; (b) company; (c) job title; (d) email address and (e) telephone number of Alternative Delegate (“Alternative Delegate Information”).

6.5 In the event Delegate is unable to attend Event, Delegate may either:

a. request in writing by email to info@owenjamesgroup.com that an Alternative Delegate attend the Event in place of Delegate, providing Alternative Delegate Information of Alternative Delegate; or

b. choose an alternative Event (“Alternative Event”) to attend.

6.6 Alternative Delegates must have the prior written agreement of Owen James to attend an Event in Delegate’s place. Owen James reserves the right to refuse admission to an Event where Alternative Delegate does not have the prior written agreement of Owen James that they may attend an Event in place of Delegate.

6.7 In the event that neither Delegate nor an approved Alternative Delegate attends a suitable, available Alternative Event offered by Owen James within six (6) months of the date of the original Event, Owen James reserves the right to charge a £250.00 cancellation fee for reasonable losses suffered as a consequence of Delegate’s cancellation or non-attendance.

6.8 Save where Owen James cancels an Event, in all other circumstances in which Delegate does not attend an Event, including through Delegate’s cancellation, Delegate will remain liable for any and all accommodation costs incurred by Owen James for and on behalf of Delegate.

6.9 If the Event is cancelled by Owen James, Owen James will provide a full refund of the Event Fee where Delegate does not agree to attend an Alternative Event.

 

7. Event Attendance and Participation

7.1 Event Materials will be provided at Delegate registration.

7.2 Owen James encourages Event Participants to contribute to an Event. In order to encourage open discussion, Owen James and all Event Participants, including Delegate shall adhere to “Chatham House Rules”, i.e. Owen James, its Representatives and Event Participants are free to use information from discussions at Events but will not reveal the identity of individuals making any particular comments.

7.3 Views expressed by Event Facilitators and Sponsors at the Event are those of the Event Facilitators and Sponsors and not of Owen James. Delegate acknowledges and accepts that Owen James does not accept any liability for any advice given, or views expressed by any Event Facilitator or Sponsor at an Event or in any Event Materials provided.

7.4 Delegate shall abide by the Code of Conduct.

7.5 Delegate shall abide by the rules and regulations of the Event Venue, including health and safety requirements.

7.6 Owen James may at its sole discretion exclude or remove a Delegate from an Event, where Delegate fails to comply with either these Terms and Conditions, the Code of Conduct, the Event Venue’s rules and regulations, or Delegate poses a security risk, danger to the public, a nuisance or annoyance to the running of the Event.

 

8. Recording and Photography

8.1 Delegate will not film, take photographs of, make transcripts of, or audio record any of the Event.

8.2 Photographs may be taken at the Event by Owen James’s Representatives and/or Event Contractors. Owen James may publish such photographs on the Owen James website, on social media and/or in Owen James marketing materials.

8.3 Delegate may object at any time to their photograph being used or taken. Prior to the Event and after the Event, Delegate may inform Owen James by email: info@owenjamesgroup.com At the Event, Delegate should speak to an Owen James Representative. In the event that photographs of Delegate are published and Delegate notifies Owen James, Owen James will use best endeavours to remove or arrange removal of such photographs.

8.4 Owen James and/or Event Contractors may film, audio record and stream selected parts of the Event, including (a) keynote Speakers; and/or (b) where the Event is virtual or hybrid.

8.5 Owen James and/or Event Contractors may film and audio record roundtable discussions at the Event for the purpose of Owen James producing roundtable findings, including a report thereof. Any film or audio recording made at a roundtable discussion will be deleted no later than six (6) months after the date of the Event.

8.6 Delegate may object at any time to being filmed or audio recorded. Prior to the Event and after the Event, Delegate may inform Owen James by email: info@owenjamesgroup.com At the Event, Delegate should speak to an Owen James Representative.

8.7 Any film or audio recording that is available on the Owen James App will only be accessible to Event Participants, including Delegate and will be password protected. Event content will be deleted from the Owen James App within ninety (90) days after the date of the Event.

 

9. Post-Event

9.1 Event content will be available to Delegate on the Owen James App for ninety (90) days after the date of the Event.

9.2 Outputs from Event roundtables will be published on the Owen James App, after the Event.

9.3 Owen James will facilitate any actions arising from roundtables.

 

10. Data Protection

10.1 Owen James shall comply with all applicable requirements under Data Protection Law.

10.2 Owen James shall, in relation to Delegate’s personal data processed in connection with this Agreement:

10.2.1 process Delegate’s personal data only so far as is necessary for the purpose of performing its obligations under this Agreement;

10.2.2 take appropriate measures to ensure the security of processing; and

10.2.3 not disclose or allow access to personal data other than by its Representatives or third parties either engaged to perform obligations in accordance with this Agreement or where Delegate has consented to their personal data being disclosed to third parties.

10.3 Delegate acknowledges and agrees that Owen James will hold information about Delegate and Delegate’s dealings with Owen James on Owen James’s database for the purposes of: administering its services, processing payments, maintaining its relationship with Delegate, including providing a more personal level of service to Delegate; improving customer care, research and analysis, marketing Owen James’s own products and services, as well as for legal and regulatory reasons.

10.4 Owen James will retain Delegate information for a reasonable period.

10.5 By providing Owen James with the relevant contact details for mobile phone and email Delegate consents to contact by these methods.

10.6 Delegate may, at any time, withdraw their consent and opt out of receiving marketing correspondence from Owen James. Delegate should notify Owen James in writing at the following e-mail address: info@owenjamesevents.com

10.7 Delegate acknowledges and agrees that their Profiling Data will be included in the Event Participant List, and Event Participant List may be made available to Event Participants in hard copy or in electronic format, including on the Event App.

10.8 Delegate acknowledges and agrees that Event Participant List, dietary requirements and/or special access needs, (as applicable) may be shared with Event Contractors to the extent Owen James in its sole discretion deems appropriate in order to carry out its obligation and provide Services pursuant to this Agreement.

 

11. Data Insight Reports – The Pulse

11.1 Delegate acknowledges and agrees that, subject to all Applicable Laws and in particular the requirements concerning the consolidation, anonymisation and use of data, Owen James is entitled to anonymise Delegate’s Profiling Date and any data collected by Owen James throughout or after the Event, including during roundtable discussions.

11.2 Delegate acknowledges and agrees that any data collected and anonymised by Owen James may be used by Owen James for the purposes of generating and distributing data insight reports, specifically “The Pulse”.

11.3 Delegate hereby grants to Owen James a non-exclusive, sub-licensable, worldwide, royalty-free, irrevocable licence to use Delegate’s anonymized data for the purpose of generating and distributing The Pulse. In producing and distributing The Pulse, Owen James shall ensure that it is not capable of identifying Delegate.

11.4 Delegate hereby acknowledges and agrees that The Pulse is owned by Owen James with full title guarantee and free from all third party encumbrances.

 

12. Intellectual Property Rights

12.1 Delegate acknowledges and agrees that all Intellectual Property Rights in Event Materials, audio recordings, videos and photos, vest in the producer of the relevant content, whether it be Owen James or a third party.

12.2 Delegate shall not distribute any Event Materials, audio recordings, videos or photos of the Event without prior written consent of Owen James and any other relevant third party in which the Intellectual Property Rights vest.

12.3 Delegate shall not use Owen James’s Intellectual Property without prior written consent.

 

13. Limitation of Liability

13.1 Delegate acknowledges and agrees that any and all personal arrangements, including travel to the Event and accommodation during an Event is at Delegate’s own risk.

13.2 Delegate is responsible for their own belongings at an Event. Delegate acknowledges and accepts that Owen James has no responsibility for the loss, theft or damage to Delegate’s personal effects.

13.3 Nothing in this Agreement will exclude or limit Owen James’s liability in respect of: (a) death or personal injury caused by the negligence of that party; (b) fraud (including fraudulent misrepresentation); (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or (d) any liability which may not otherwise be lawfully excluded or limited.

13.4 Subject to clause 13.3, each party’s total aggregate liability (including interest and costs) in contract, tort (including negligence), for breach of statutory duty, misrepresentation, restitution, or otherwise, arising in connection with its performance or contemplated performance of this Agreement, or as a result of the liable party’s negligence or failure to comply with the terms of this Agreement, shall be limited to the Event Fee paid or payable by Delegate to Owen James for the relevant Event.

13.5 Subject to clause 13.3, neither party shall be liable to the other in contract, tort (including negligence and breach of statutory duty) or otherwise for: (a) any loss of revenue, profit, business, anticipated savings, goodwill, reputation, contract, data, use of equipment or process or any wasted management time; or (b) any indirect, economic, special or consequential loss whatsoever.

13.6 Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if and to the extent that such failure or delay is the result of a Force Majeure Event.

13.7 Nothing in this Clause 13 shall be taken as in any way reducing or affecting a general duty upon a party to mitigate any loss suffered by it.

 

14. Dispute Resolution

14.1 Each party shall give written notice of any dispute as soon as possible.

14.2 Each party shall act in good faith in its attempts to resolve its dispute with the other party.

 

15. Notices

15.1 Any notice or other document required or permitted to be given under this Agreement by Delegate shall be in writing and in English; and sent by e-mail to: info@owenjamesevents.com

15.2 Any notice or document sent by e-mail, shall be deemed to be delivered on the date and at the time of transmission, provided an out of office response is not received, in which case deemed receipt shall be on the first following Business Day.

15.3 This clause 15 does not apply to the service of any legal proceedings.

 

16. General

16.1 This Agreement constitutes the entire agreement between the parties on the subject matter of the Agreement and supersedes and extinguishes all previous agreement, promises, assurances, warranties, representations, contracts, arrangements and understandings between them, whether written or oral, relating to its subject matter.

16.2 Each party acknowledges that in entering into this Agreement it has not relied on and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Agreement.

16.3 The rights and remedies provided under these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law or otherwise.

16.4 No variation of this Agreement shall be effective unless agreed to in writing by each of the parties.

16.5 No breach by any party of any provision of the Agreement shall be waived or discharged except with the express written consent of the other party. 

16.6 No failure or delay by any party in exercising any right, power or privilege under the Agreement shall operate as a waiver of that right, power or privilege and no single or partial exercise by any party of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

16.7 If any provision or part-provision of the Agreement 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 Any modification to or deletion of a provision or part-provision under this clause shall not affect the legality, validity and enforceability of the rest of the Agreement, which shall remain in full force and effect.

16.8 Except as expressly stated in these Terms and Conditions, this Agreement shall not create nor confer any rights that shall be enforceable by anyone other than the parties to the Agreement and, where applicable, their successors and permitted assigns pursuant to the Contracts (Rights of Third Parties) Act 1999.

 

17. Governing Law and Jurisdiction

17.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

17.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement or its subject matter or formation (including non-contractual disputes or claims).

 

 

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