TERMS & CONDITIONS
THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 12 (LIMITATION OF LIABILITY) AND CLAUSE 7 (CANCELLATIONS, WITHDRAWAL & CHANGE OF VENUE).
British Association of Landscape Industries (The) is a company registered in England and Wales with company registration number 01254410 and registered office at Landscape House, National Agricultural Centre, Stoneleigh Park, Kenilworth, Warwickshire, CV8 2LG ("we" and "us"). These are the terms and conditions subject to which we will allow you as a business ("you") to enter our Awards Competition and/or Event (as the case may be). Our Events are intended only for business, academic or professional audiences. If you are an individual consumer, you must make this clear to us prior to making any entry or booking.
The following definitions and rules of interpretation apply in these Conditions.
Awards Ceremony: the BALI National Landscape Awards
Awards Competition: the Awards Competition held at the Awards Ceremony
Awards Page: the areas of the Website where you will find the information relevant to a particular Awards Ceremony and/or event.
Attendee: an attendee of an Event
Booking: the purchase of tickets to an Event not limited to the Awards Ceremony and any other Event for which we accept bookings on our Website.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Data Protection Legislation: up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
Entry: an entry to our Awards Competition made on our Awards Page.
Entry Guidelines: the criteria for making an Entry as set out on our Awards Page.
Event: the event hosted by us for which you have made a Booking
GDPR: General Data Protection Regulation ((EU) 2016/679).
Intellectual Property Rights: patents, [utility models,] rights to inventions, copyright and [neighbouring and] related rights, [moral rights,] trade marks [and service marks], business names and domain names, rights in get-up [and trade dress], goodwill and the right to sue for passing off [or unfair competition], rights in designs, [rights in computer software,] database rights, rights to use, and protect the confidentiality of, confidential information (including know-how [and trade secrets]), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Website: www.bali.org.uk and www.baliawards.co.uk.
(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written excludes fax and email.
3. MAKING AN ENTRY
3.1 An Entry must be made following the process and rules set out on the Entry Guidelines.
3.2 We will not accept responsibility for an Entry that is lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind. For the avoidance of doubt, proof of posting or transmission of a lost or delayed Entry for the Awards Competition will not be accepted as a valid or alternative Entry.
3.3 Our acceptance of your Entry will take place when we send you confirmation of your Entry, at which point a contract will come into effect between us.
3.4 When we accept your Entry, it shall be incorporated into, and subject to these terms and conditions which shall take precedence over any other terms that you seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
3.5 Acceptance of your Entry shall not (unless it is expressly stated otherwise) prejudice any rights, obligations and/or remedies both the parties may have and which have accrued independently under this agreement.
4. ELIGIBILITY & JUDGING
4.1 The Awards Competition is open to entrants fulfilling the Entry Guidelines only.
4.2 Any material supplied in support of an entry must be your original work. We will not accept an Entry that contains work which does not belong to you, has been plagiarised, includes Intellectual Property belonging to another person or has had a complaint of any nature upheld against it, or where we suspect that the Entry may fall within the foregoing categories.
4.3 The Entry will be judged by a panel of selected judges. A list of the judges can be viewed on the Awards Page.
4.4 We will consider your Entry on its merits and on the basis of the information you provide as part of your Entry. The decision of the panel of judges will be final and we will not enter into any correspondence or discussion with any entrants nor will we accept any submissions, representations or appeals with regard to such decision. We will provide feedback on your Entry at our absolute discretion. We reserve the right not to make any particular award in any given category.
4.5 Your Entry and any supporting documentation will not be considered confidential information unless clearly identified as ‘Confidential’ and you agree that any information not clearly identified as ‘Confidential’ contained in the Entry can be used, submitted for publicity purposes in or any media, and for the purposes of promoting the Awards.
5. ATTENDING THE AWARDS CEREMONY
5.1 If you simply wish to attend the Awards Ceremony or, as an organisation making an Entry would like to bring attendees, then you will need to make a separate Booking.
5.2 In order to make a Booking, you need to complete the relevant online registration form and pay the relevant fee. Once you submit your online registration form, we will try to process your booking as soon as possible. Your booking is not confirmed until you receive an email confirmation from us. If you do not receive our email confirmation within 24 hours of you submitting your online registration form, please contact us as soon as possible and no later than 48 hours before the Event. It is your responsibility to update us of any changes to your contact details so that we are able to contact you.
5.3 All Attendees must be at least 18 years of age on the date of the Event.
5.4 We are not responsible for any offence caused by the presenter or any acts or other entertainment at the Event.
5.5 Attendees are required to make their own arrangements for transport to the Event. We are not responsible for any inability to attend owing to failure of transport.
5.6 An Attendee who arrives late may not be allowed to enter the Event.
6. VENUE & SPECIAL REQUIREMENTS
6.1 Attendees must comply with the rules and regulations governing the Event including dress codes and rules of entry. If an Attendee brings any property to the Event, the Attendee shall do so at its own risk. We are not responsible for any loss and/or damage to such property. If an Attendee is using car parking facilities at the Event, the Attendee does so entirely at its own risk. We do not accept any responsibility for any loss and/or damage resulting from use of such car parking facilities. Car parking spaces are not guaranteed.
6.2 We reserve the right to refuse admission to any person whom we consider in our absolute discretion to be unsuitable for admission to the Event or to remove such person after the start of the Event. In such circumstances, there will be no refund of any fee paid.
6.3 If there are any specific requirements due to a disability, food allergies or for any other reason (a "Special Requirement"), please email us at the address set out on the Awards Page as soon as possible and, in any event, no less than 7 days before the Event. Where you inform us of a Special Requirement less than 7 days before the Event, you understand it may not be possible to accommodate that Special Requirement, or its accommodation may result in an additional charge.
7. CANCELLATIONS, WITHDRAWAL & CHANGE OF VENUE
7.1 We reserve the right to cancel, postpone or move the Event to another venue or to change any other aspect of the Event at our discretion for any reason whatsoever. However, we will notify you promptly if the change relates to a change of venue or material change in timing. For the avoidance of doubt, such a change shall not entitle you to terminate this agreement.
7.2 We reserve the right to change the Event presenter or any other performers and do not guarantee the attendance of any particular guest.
7.3 Any discounts or offers advertised for a particular event (such as "Early Bird" offers) may be time limited and/or subject to availability and may be subject to additional terms and conditions.
7.4 Where we cancel an Event we will refund any fees paid and we will use reasonable endeavours to notify you of such cancellation.
7.5 If you wish to withdraw your Entry, you must email us at the address set out on the Awards Page. Where you withdraw your Entry more than 14 days after booking, or on or after the closing date for the Entry as specified on the Awards Page (whichever is earlier) there will be no refund.
7.6 If you wish to cancel your attendance at the Event you must email us at the address set out on the Awards Page as soon as possible. If you cancel 30 or more days before the Event we will refund your fee in full, though we reserve the right to retain an administration fee. Where you cancel less than 30 days before the Event there will be no refund of any fees paid.
7.7 If you cancel a Booking or withdraw your Entry and there are outstanding payments owed to us you may be liable for payment of the full fee, as appropriate, depending on the date and time of the cancellation.
7.8 If you (or if any of the attendees you booked) cannot attend the Event we may allow a substitute attendee at our absolute discretion, and provided the request is made no later than 72 hours prior to the Event. Any such request must be made by email to the address set out on the Awards Page and should include the name of the attendee who will not be attending and the full name of the substitute, including their job title and contact details. The details of any printed guest directory for the Event will not be updated with the substitute attendees details and the details of the original attendee will remain included.If the substitute delegate has differing requirements (e.g. dietary) from the original attendee, we may not be able to accommodate these if the request is received later than 72 hours prior to the Event. We may reject any unsuitable attendee at our absolute discretion. The substitute attendee must be from the same organisation as the original attendee.
7.9 You agree that, subject to clause 12 and notwithstanding clause 7.4, we will have no liability under this agreement, in any way whatsoever and howsoever (whether in contract, tort, or otherwise) arising out of or in connection with respect of any cancellation or postponement of the Event or the moving of the Event to a new venue, including but not limited to travel and accommodation costs.
8. FEES & PAYMENT
8.1 We shall raise an invoice for our fee for any Entry or Booking as may be applicable and payment is due by the earlier of 30 days from the date of that invoice or 30 days prior to the date of the Event . In any event, payment of the invoice must be made before the Event otherwise we reserve the right to refuse you entry to the Event (which shall not relieve you of any outstanding fee owed to us).
8.2 Payment of any bank transfer charges are your responsibility.
8.3 All sums payable by you under this agreement are subject to any applicable tax, levy or similar governmental charge, including value added or sales tax which we shall add at the applicable rate.
8.4 All sums due under this agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). If you fail to make payment of any sums due:
8.4.1 we reserve the right to cancel (a) your Entry, and/or (b) the registration of Attendees prior to the Event. If we do not exercise our rights of cancellation prior to the Event, Attendees whose fee has not been paid by the date upon which the Event takes place shall be required to pay on-site in order to gain entry;
8.4.2 irrespective of clause 12.2, we shall be entitled to initiate proceedings against you without any notice in order to recover any sums owed to us; and
8.4.3 you shall be liable to be pay an administration fee and interest (accruing on a daily basis at 4% above Bank of England base rate) on the amount unpaid, in each case, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (whether or not applicable to this Agreement) from the due date of payment, both after as well as before any judgment or order.
8.5 Any and/or all costs and expenses and other losses incurred by us (including legal costs and expenses) in recovering sums due to us under this agreement shall be recoverable from you.
8.6 If you breach this clause 8, we may terminate this Agreement immediately by giving you written notice.
9. TERM & TERMINATIONS
9.1 This agreement shall commence on the date we accept your Booking or Entry (as the case may be) and shall continue, unless the Event or your attendance at such, is cancelled in accordance with clause 7, until the date upon which the Event ends ("Term") when it shall terminate automatically without notice.
9.2 We may terminate this agreement at any time.
10. EXPIRY & TERMINATION CONSEQUENCES
10.1 Expiry or termination shall not prejudice any other rights or remedies you or us may be entitled to, nor will it affect the accrued rights and liabilities of either of us, nor the coming into or continuance in force, of any provision of this agreement which is intended (explicitly or implicitly) to come into or continue in force, on or after such expiry or termination.
10.2 Upon expiry or termination of this Agreement:
10.2.1 you shall pay any fees that have been invoiced up to (and including) the expiry or termination date or otherwise owed to us but not paid for; and
10.2.2 each party shall promptly return to the other any property of the other within its possession or control.
11. Data protection and data processing
11.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 11 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
11.2 The parties acknowledge that for the purposes of the Data Protection Legislation, you are the data controller and we are the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
11.3 Without prejudice to the generality of clause 11.1, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the Data Protection Legislation) to us for the duration and purposes of the Contract.
11.4 Without prejudice to the generality of clause 11.1, we shall, in relation to any Personal Data processed in connection with the performance by us of our obligations under the Contract:
(a) process that Personal Data only on your instruction unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to us to process Personal Data (Applicable Data Processing Laws). Where we are relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the Applicable Data Processing Laws unless those Applicable Data Processing Laws prohibit us from so notifying you;
(b) ensure that we have in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
(d) not transfer any Personal Data outside of the European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled:
(i) you or us have provided appropriate safeguards in relation to the transfer;
(ii) the Data Subject (as defined in the Data Protection Legislation) has enforceable rights and effective legal remedies;
(iii) we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(iv) we comply with reasonable instructions notified to us in advance by you with respect to the processing of the Personal Data;
(e) assist you, at your cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(f) notify you on becoming aware of a Personal Data breach;
(g) at your written direction, delete or return Personal Data and copies thereof to you on termination of the agreement unless required by Applicable Data Processing Law to store the Personal Data.
11.5 You herewith consent to us appointing a third-party processor of Personal Data under the agreement. We confirm that it has entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause 11. As between you and us, we shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause 11.
11.6 Either party may, at any time on not less than 30 days' notice, revise this clause 11 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to the Contract).
12. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
12.1 Nothing in this agreement limits any liability which cannot legally be limited, including but not limited to 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).
12.2 Subject to clause 12.1, our total liability to you shall not exceed the total fee paid to us under this agreement. Our total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.
12.3 This clause 12.3 sets out specific heads of excluded loss:
(a) Subject to clause 12.1, the types of loss listed in clause 12.3(B) are wholly excluded from our liability to you.
(b) The following types of loss are wholly excluded:
(i) Loss of profits
(ii) Loss of sales or business.
(iii) Loss of agreements or contracts.
(iv) Loss of anticipated savings.
(v) Loss of use or corruption of software, data or information.
(vi) Loss of or damage to goodwill.
(vii) Indirect or consequential loss.
12.4 Unless you notify us that you intend to make a claim against us within the notice period, we shall have no liability for that claim. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the claim 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.
12.5 This clause 12 shall survive termination of the Contract.
13. Video Footage & Photography
During an Event, we may shoot video footage and take photographs of the Event which may include video footage and photographs of you and/or your Attendees. You hereby consent (and confirm that you have procured the consent of your booked Attendees) to your and/or their inclusion in such video footage and photographs. You hereby grant (and confirm that you have procured the grant) to us a perpetual, non-exclusive, worldwide, assignable, transferable right to use any such video footage and photographs.
We expressly agree that we shall be entitled to refer to you as a client in sales and marketing literature (including websites) and reproduce your prevailing logo or trade mark and any images you have provided to us as part of an Entry for that sole purpose.
15.1 Force majeure. 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 result from events, circumstances or causes beyond its reasonable control.
15.2 Assignment and other dealings.
(a) We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under this agreement.
(b) You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this agreement.
(a) Each party undertakes that it shall not, at any time, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 15.3(b).
(b) Each party may disclose the other party's confidential information:
(i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under this agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 15.3; and
(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(c) Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the agreement.
15.4 Entire agreement.
(a) This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the agreement.
(c) Nothing in this clause shall limit or exclude any liability for fraud.
15.5 Variation. Except as set out in this agreement no variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
15.6 Waiver. A waiver of any right or remedy under this agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
15.7 Severance. If any provision or part-provision of this 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 deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
(a) Any notice given to a party under or in connection with this agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent to the address specified in the Booking or Entry.
(b) Any notice shall be deemed to have been received:
(i) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and
(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service
(c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
15.9 Third party rights.
(a) Unless it expressly states otherwise, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
(b) The rights of the parties to rescind or vary this agreement are not subject to the consent of any other person.
15.10 Governing law. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
15.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
15.12 No partnership or agency
(a) Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
(b) Each party confirms it is acting on its own behalf and not for the benefit of any other person.