Delegate Terms and Conditions
Terms and Conditions for Argus Americas conferences
1.1 These “Terms and Conditions” set out the contract between Argus Media, Inc., a Delaware corporation, having its principal place of business at 2929 Allen Parkway, Suite 700, Houston, Texas 77019 (“Argus”), and the Company in the “Registration Form” submitted by you regarding the attendance by the delegates (“Delegates”) at the event(s) (each an “Event”) specified in the Registration Form. The expressions "we", "us" and "our" refer to Argus and "you" and "your" refer to you acting for and on behalf of the Company.
1.2 These Terms and Conditions, the Registration Form, the “Argus Confirmation of Registration” (if applicable) and the “Event Invoice” in respect of the Fees (as defined below) set out the entire “Agreement” between you and us. In the event of any conflict, the Terms and Conditions shall prevail. Please print and retain a copy of these Terms and Conditions for future reference.
1.3 You personally warrant and represent that you have all necessary authority to enter into and to perform your obligations under this Agreement on behalf of the Company. You undertake on behalf of yourself and the Company that you, the Company and the Delegates will observe and comply with this Agreement. By submitting the Registration Form, you agree to be bound by this Agreement, which shall only become fully effective and binding when we issue an Event Invoice.
2. Event attendance, program and materials
2.1 Subject to availability and provided Argus has received payment in full of the Fees, Argus grants a revocable, non-exclusive, personal right to each of the Delegates to: (a) attend the Event; and (b) use the materials made available by us at the Event (the “Event Materials”) for the purpose of supporting their attendance at the Event.
2.2 You acknowledge and agree: (a) to comply, and procure the compliance of the Delegates, with all applicable laws, regulations and requirements (including without limitation health and safety requirements) in respect of the Event; and (b) that no films, photograph or other recordings of all or any part of the Event are permitted without our prior written consent. We reserve the right to refuse admission/eject any Delegate without liability to/from an Event for any reason.
2.3 Argus reserves the right in its sole discretion to change the content, speakers, location, and/or timing of the Event without liability. Argus shall use reasonable endeavors to notify you of any Event changes by no later than when it notifies other Event delegates.
2.4 Argus will use reasonable endeavors to satisfy any access or dietary requirements provided it is notified of such requirements in the Registration Form. You acknowledge and agree that, due to the nature of the location/venue of the Events, it may not be possible for such requirements to be satisfied.
2.5 You acknowledge and agree that unless otherwise stated views expressed by speakers at the Event do not represent the views of Argus.
2.6 All Event Materials are provided to you on an "as is" basis and we give no warranties, representations or guarantees that the Event Materials are in sequence, accurate, up-to-date or complete or that use of them will meet the particular requirements of the Delegates. Use of the Event Materials is entirely at your and each Delegate’s risk.
2.7 You acknowledge and agree that, unless otherwise expressly stated, we own all intellectual property and other rights in all Event Materials. You shall not, and shall procure that the Delegates shall not, disclose, distribute or use the Event Materials other than as expressly permitted in clause 2.1.
3.1 Argus shall be entitled to submit an Event Invoice for the registration fee together with all applicable taxes (including without limitation VAT) for the attendance by the Delegates at the Event (the “Fee”) upon receipt of a Registration Form from you. The Fees are not refundable in whole or in part other than as expressly set out at clauses 4.1 and 4.2.
3.2 You shall pay the Fee in full without deduction or set-off: (i) within 30 days of the date of the Event Invoice; or (ii) by the first day of the Event, whichever is earlier.
3.3 Argus may (at its sole discretion) offer discounts (including without limitation “early bird” discounts). To qualify for any "early bird" discounts, you must have (a) submitted your Registration Form within the discount period specified on our website for the Event, and (b) paid the Fees in full within 30 days of the date of the Event Invoice.
3.5 Without prejudice to any other remedy that may be available to Argus, Argus shall be entitled to charge interest of 2% above the Prime Rate as published in the Wall Street Journal in force at the relevant time in respect of any overdue payment.
4. Cancellations, Substitutions and Termination
4.1 If one or more Delegate is unable to attend the Event, (a) you may cancel this Agreement and Argus may in its sole discretion refund fifty percent (50%) of the applicable Fees or offer a credit towards another Argus event provided notification of such non-attendance is received by email sent to the email address from which the Confirmation of Registration is issued at least 30 days prior to the commencement of the Event (no refunds/credits will be given for cancellations received thereafter or non-attendance of all or any part of the Event for any reason) or: (b) “Delegate Substitute(s)” may attend provided that Argus receives notification in writing to the email address from which the Confirmation of Registration is issued at least 48 hours before the first day of the Event and in its sole discretion consents to such substitution. You acknowledge that a refund/credit is your sole remedy in respect of any cancellation under this clause.
4.2 If the Event is cancelled for any reason within our control, then in Argus’ sole discretion the Fee will be fully refunded or a credit offered towards another Argus event. We shall not be liable for any loss, damage, costs (including without limitation travel, visa or accommodation costs), expenses or other liabilities incurred by you and/or the Delegates in connection with such Event cancellation. You acknowledge that a refund is your sole remedy in respect of our cancellation under this clause.
4.3 Argus shall be entitled in its sole discretion to terminate all or any part of this Agreement immediately on written notice if (i) you, the Company and/or any of the Delegates is in material or persistent breach of any of its obligations under this Agreement and has not remedied such breach (if capable of remedy) within thirty (30) days of written notice from Argus; or (ii) there is a change of Control of the Company (where "Control" means the power of a person to secure that the Company's affairs are conducted in accordance with the wishes of that person).
5. Data, Privacy and Marketing
5.3 You agree that Personal Data (including names, address, job profile, email address, telephone numbers and/or company name): (a) may be transferred to select third parties to create/provide web-based applications for our Events (“Apps“) and that Personal Data may appear on the App; and (b) may be used by us and carefully selected third parties to inform you and/or the Delegates about other products and services that may be of interest via telephone, post and/or email. If you do not wish for these details to be used in this way, please contact us at email@example.com.
5.5 You acknowledge and agree that: (a) we may use the Company name/Delegates’ positions in marketing promotions in connection with this Event, and (b) we may use and distribute recordings (by audio and/or visual means) of all or part of the Event, which may include you or a Delegate’s image, for the purposes of training and/or marketing.
6. Liability and Warranties
6.1 Argus shall not be liable to you, the Company, any of the Delegates, nor to any other party, for any inaccuracies, errors, omissions, defects, or delays in respect of the Event, the Event Materials, the Third Party Payment Service Providers or the Apps, or for any loss or damage, howsoever caused and whether or not for breach of contract, negligence or otherwise and whether or not Argus is advised of the possibility of such loss or damage, including loss of profit, data, business, reputation or anticipated savings, and all indirect, incidental, special, punitive or consequential loss and damage arising in connection with the Event, the Event Materials, the Third Party Payment Service Providers or the Apps, or otherwise in connection with this Agreement.
6.2 Subject to clause 6.310.9, the total aggregate liability of Argus, its employees, Argus Affiliates, sub-contractors and agents, to you, the Company and the Delegates or any other party arising out of or in connection with this Agreement whether the action is grounded in contract or tort (including negligence) or in any other law, and whether common law or statute, will in no event exceed the total amount actually paid by the Company to Argus in respect of the Event.
6.3 Nothing in this Agreement shall be construed as limiting the liability of either party for fraud or for death or personal injury caused by that party’s negligence.
6.4 You are fully responsible and liable for any loss or damage howsoever caused by you and/or the Delegates to property (including for the avoidance of doubt the Event venue) or individuals at an Event. You shall on written demand indemnify and keep Argus fully indemnified from and against any loss, damage (including statutory damages), claims, costs and expenses (including legal and other professional costs and expenses), and liabilities suffered or incurred by Argus and/or its Argus Affiliates arising out of or in connection with the attendance of you and/or the Delegates at the Event.
6.5 It is your responsibility to arrange appropriate insurance cover for travel to and attendance at the Event. You are responsible for safeguarding your own property at the Event.
7.1 Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results (or is likely to result) from events, circumstances or causes beyond its reasonable control.
7.2 If any provision of this Agreement (in whole or in part) is found by any competent authority to be unenforceable or illegal, the remainder of the provisions shall remain in force.
7.3 This Agreement is governed by the laws of the State of New York. Any dispute or claim arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to any conflict of laws principles thereof. The parties agree that the federal and state courts located in New York, New York shall have exclusive jurisdiction over any suit, action, proceedings or dispute arising out of or in connection with this Agreement.
7.4 The English language version of this Agreement prevails over all translations howsoever made available.