Terms and Conditions
Standard Conditions of Business – Edinburgh International Marketing Festival (EIMF)
INTRODUCTION TO TERMS AND CONDITIONS
These terms and conditions apply between all Users of this Website (including but not limited to Members), and EIMF Marketing, the owner(s) of this Website. Additionally these terms and conditions apply to the use of and (where applicable) purchase of EIMF Marketing Products and Services, including but not limited to Membership subscriptions and Events and the placing of advertising with EIMF Marketing. Please read these terms and conditions carefully, as they affect your legal rights.
1. Acceptance of Terms
1.1 Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the EIMF Marketing Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.2 EIMF Marketing reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
1.3 If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
2. Definitions and interpretations
2.1 Throughout this terms and conditions, the following words will have the following meanings set against them:
“Advertising” such individual media advertising campaign or programme of advertising that is purchased by the Client from EIMF Marketing;
“Advertisement” including display, classified, inserts, directories, banners, mini-sites, button Advertisements and any other announcement designed to publicly promote activities including Campaigns and Programmes;
“Advertising Agency/Agent” – individual or company instructed to act on behalf of the Client as an agent;
“Attendee” any person attending an Event in person or whom has access to an Online Event;
“EIMF Marketing” shall mean Co 588350 of c/o JRW, 5 Castle Terrace, Edinburgh EH1 2DP
“Content” any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Copy Date” Agreed deadline to supply advertising materials by;
“Client” any individual or company purchasing marketing services from EIMF Marketing;
“Directories” shall mean the Members Directory and Suppliers Directory collectively;
“Event” any live event hosted by EIMF Marketing, including but not limited to any training, seminar, workshop, conferences, summits and awards event as the same may be attended in person or as an Online Event;
“Free Membership” or “Guest membership” any Membership Product that is offered by EIMF Marketing free of charge in consideration for registering via the Website and agreeing to these terms and conditions;
“Magazine” the print edition of the EIMF Marketing magazine which may be available to Members as part of Membership;
“Member(s)” Users who have an active subscription to a Membership Product;
“Members Directory” the directory of Members profiles currently accessible at http://www.edinburghmarketingfest.com
“Membership Product(s)” Services and Content offered to Members in a subscription package upon registering as a Member depending on the specific Membership tier that they have purchased;
“Membership” a Members subscription package to a Membership Product;
“Online Event” an Event at which Attendees do not attend in person, but are given access to a virtual Event online via various interactive tools, including live and on-demand video streaming, web conferencing and online training courses;
“Partner” third parties (who may or may not be Members or Users) whom have licensed Third Party Content to EIMF Marketing in the form of Partner Downloads;
“Partner Download(s)” Third Party Content in the form of a Report created by Partners and which has been uploaded to the Website and available to Users on terms as specified on the relevant part of the Website;
“Products” physical copies of content in print form or otherwise including print copies of Reports and copies of the Magazine;
“Programme” succession of Campaign(s) managed by EIMF Marketing
“Report(s)” individual articles and reports available for download or viewing via the Website which may be subject to the payment of a one off fee, or available only as part of a Membership subscription;
“Series Booking” two or more adverts booked in advance, in one order;
“Services” collectively or individually as appropriate, any product or service provided by EIMF Marketing including but not limited to any services listed on the Website, Reports, Advertising, Products, Membership Products and Events;
“Start Date” agreed date from which the first advertisement will be placed;
“Subscriber” the individual or company that orders an annual subscription product;
“User”, “Users”, “you” Any and all persons who access the Site and services provided by EIMF Marketing, including but not limited to Members;
“Website” the website owned by EIMF Marketing with the url: https://edinburghmarketingfest.com/ and any sub-domains of this site, unless expressly excluded by their own terms and conditions.
2.2 In these terms and conditions, unless the context requires a different interpretation:
2.2.1. the singular includes the plural and vice versa;
2.2.2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions;
2.2.3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
2.2.4. ‘including’ is understood to mean ‘including without limitation’;
2.2.5. reference to any statutory provision includes any modification or amendment of it;
2.2.6. the headings and sub-headings do not form part of these Terms and Conditions.
3. Intellectual property and acceptable use of Content
3.1 Content is available via EIMF Marketing and this Website on a free of charge basis and in consideration for a specified payment, as part of a Membership subscription and content included within the various products, articles (for instance ‘News’ and ‘Research & Reports’ sections of the Website although this list is non-exhaustive.
3.2 All Content included on the Website, unless uploaded by Users, Members or Partners or as stated otherwise, is the property of EIMF Marketing our affiliates, licensees or other relevant third parties. By continuing to use the Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission;
3.3 Subject to clause 4 EIMF Marketing hereby grants to the User a non-exclusive worldwide licence for the duration of the Membership or in the case of a User who is not a Member, until EIMF Marketing may choose to revoke such licence, to download, store, use, reproduce, transmit, display, copy, and provide access to Content in accordance with the terms of the Membership (where applicable) and at all times only for the User’s own information purposes and for the avoidance of doubt, not for any commercial or business purposes.
3.4 Notwithstanding any other rights or remedies available to it, EIMF Marketing shall have the right to terminate any licence granted to any User, to terminate any Membership (where applicable) or block a User from the Website in the event of any breach by such User of any of the terms and conditions of this licence.
Without prejudice to any rights granted herein, EIMF Marketing reserves the right to amend, edit or abbreviate or take down any Content at our discretion.
3.5 Notwithstanding the above, were a User is paying for additional premium content (by way of example, for Reports and/or as part of a Membership subscription) (“Pre-Paid Content”) such Users acknowledge that their access to such Pre-Paid Content is conditional upon payment in accordance with the payment methods set out on the Website before access to such Pre-Paid Content is permitted, and no licence shall be granted until payment has been received in full for the relevant Pre-Paid Content. For the avoidance of doubt, all one off fees payable for Reports shall be non-refundable, and the period of licence granted in such Content may only subsist for the duration of a Users Membership subscription.
3.6 Subject to clause 4 below, Users (whether in their capacity as Members or Users) are able to upload content or postings content at various places on the Website including via blogs, on the forums and comments sections, as well as the content they include on Member Profiles (“User Generated Content”) and in doing so Users grant to EIMF Marketing a free of charge, worldwide perpetual licence in all media in such User Content. For the avoidance of doubt, Members acknowledge and confirm that all information they supply in their Member profile will be viewable by all Users of the Website via the https://edinburghmarketingfest.com/
4. Prohibited use of the Site by Users
4.1 Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.
4.2 With regard the uploading, or posting of User Generated Content, and use of the site more generally, Users may not use the Website for any of the following purposes:
4.2.1 in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
4.2.2 in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
5. Availability of the Website and Disclaimers
5.1 The Website and Services are provided “as is” and on an “as available” basis. EIMF Marketing gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, EIMF Marketing provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. EIMF Marketing is under no obligation to update information on the Website.
5.2 Whilst EIMF Marketing uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, EIMF Marketing give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
5.3 EIMF Marketing accepts no liability for any disruption or non-availability of the Website.
5.4 EIMF Marketing reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
6. Limitation of Liability
6.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
6.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
6.3 To the maximum extent permitted by law, EIMF Marketing accepts no liability for any of the following:
6.3.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
6.3.2 loss or corruption of any data, database or software;
6.3.3 any special, indirect or consequential loss or damage.
7. Website Content and Services
7.1 Except as otherwise expressly agreed to by EIMF Marketing in writing, information regarding EIMF Marketing products and Services is subject to change without notice.
7.2 Information about EIMF Marketing Products and Services made available on and/or through this Website shall not constitute a representation, warranty or other commitment by EIMF Marketing with respect to any product or service unless otherwise expressly agreed to by EIMF Marketing in writing.
7.3 Without limiting the generality of the foregoing, EIMF Marketing hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.
8. Third Party Content
8.1 This Website makes available certain Content that has not been created by EIMF Marketing either via hyperlinks which may take Users to websites not controlled or maintained by EIMF Marketing, or as hosted via the Website whether or not such Content is available free of charge, to Members only or for a fee, for example Partner Downloads, Member profiles and other materials posted by other Users on the Website blogs and forums (“Third Party Content”) .
8.2 Any copying, distribution, reproduction, retransmission, or modification of any of the Third Party Content or any information or materials appearing in such Third Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third Party Content.
8.3 Third Party Content is not the responsibility of EIMF Marketing, and Users acknowledge and confirm that EIMF Marketing has no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such Third Party Content and furthermore EIMF Marketing cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided. Nothing contained within Third Party Content necessarily represents the point of view of EIMF Marketing.
8.4 EIMF Marketing cannot and does not confirm each User’s identity, whether or not they are a Member. EIMF Marketing allows Members to give access to information about themselves to other Members but does not control the information provided by Users or Members.
8.5 In the event that you have a dispute or issue with one or more of the other Users, you agree to unconditionally release EIMF Marketing (and our officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Users may become EIMF Marketing Members in order that they may gain access to additional content (including Third Party Content) and EIMF Marketing Services in accordance with the various Membership tiers as defined on the EIMF Website here: https://edinburghmarketingfest.com/ (as updated from time to time), in consideration for such fees (where applicable) as specified therein and agreement from Users to participate as a Member.
9.3 Free Membership commences upon registration, and shall continue until Member gives notice pursuant to clause 9.7 below.
9.4 Any subscriptions to Membership Products are deemed to commence from the date of receipt of User’s completed order, registration form or online registration.
9.5 With the limited exception of Free Membership, all Membership Product subscriptions last 3 months from invoice date or, where immediate payment is required immediately online prior to the activation of membership and access to any Services, upon payment of such fee.
9.6 Members may cancel their membership up to 1 month before the event. To cancel any Membership Product, Members must inform EIMF Marketing in writing by emailing firstname.lastname@example.org Any cancellation by Members must be in writing and a full refund will be given only if this is received by EIMF Marketing within 14 working days of the date of purchase. No refund shall be given if Members cancel a service part way through a subscription period.
Users may purchase stand alone Products (whether as Members or Users) as the same are available via the Website and at such prices and on such supplemental conditions as are stated on the site.
11. Events: Training, Seminars, Conference and Awards
The booking and attendance at all Events shall be subject to the following:
11.1 Payment Policy: Where payment is required to attend an Event, this must be made before the date of the Event. Late payment will result in a ‘late payment administration charge’. The relevant fees and payment methods are listed with each Event description.
11.2 Attendee Substitutions: Entry to Events is permitted only to named individuals who have booked such entry. Should an Attendee wish to nominate someone else to attend in their place, they must contact EIMF Marketing at least 48 hours prior to the commencement of the Event, or such other time as is reasonable in the circumstances. For the avoidance of doubt, should you nominate an alternative Attendee, you warrant and confirm that they will agree to the terms and conditions herein, or you shall remain primarily liable for such substitution Attendee.
11.3 Changes To Events: EIMF Marketing, aims to deliver high quality Events in the manner in which they are advertised. However, it may become necessary to alter and/or change certain elements including by way of example the choice of speakers, venue, date and timings, although this list is illustrative and shall not be deemed to be exhaustive. EIMF Marketing shall, where reasonable and possible to do so, make such reasonable changes to Events if necessary, and shall inform Attendees of any such relevant changes in a reasonable time before the relevant Event. For the avoidance of doubt, EIMF Marketing shall not be in breach of contract if such changes are necessary, and Attendees shall not be permitted to obtain a refund of any fees payable.
11.4 Online Events
11.4.1 EIMF Marketing may require that Attendees access Online Events via a third party website channels such as (although this is subject to change) www.brighttalk.com and http://www.citrix.com/ (“Channel”). Attendees acknowledge and confirm that such access may require Attendees to be subject to any terms and conditions required by the owner of such third party Channel (“Channel Owner”) including any registration requirements, and their privacy policies.
11.4.2 EIMF Marketing accepts no liability for any error, fault, or interruption in the service of any Channel or Channel Owner.
(a) data from Attendee’s Member profile, and/or collected upon registration to view the Online Event with the relevant Event Sponsors and Channel Owners;
(b) details of the content you have viewed on that Channel and viewing times with the relevant Channel Owner.
11.4.4 For the purpose of this agreement, “Event Sponsor” means any third party who sponsors an Event in exchange for brand promotion, thought leadership opportunities, and the leads generated from the Event audience where applicable.
11.5 In the case of all EIMF Marketing events including the annual EIMF Marketing Awards, all tickets purchased are non-refundable.
11.6 For the avoidance of doubt, no liability is accepted on the part of EIMF Marketing for any statements or opinions expressed (whether by Attendees, or speakers, or otherwise) at Events.
12. Media Purchasing
All media and advertising placed with EIMF Marketing shall be subject to the following:
12.1 All Advertisements are accepted subject to EIMF Marketing’s approval of the copy and to the space being available.
12.2 EIMF Marketing reserves the right to omit or suspend any Advertising (or part thereof) at any time for if EIMF Marketing holds the belief that publication may be unlawful, defamatory, put EIMF Marketing into disrepute, in breach of any Ofcom regulations, or Advertising Standards Agency (or like body) regulation or code, put it in breach of contract or infringes the copyright off a third party in which case no claim on the part of any Client for damage or breach of contract shall arise.
12.3 If EIMF Marketing considers it necessary to modify the space or alter the date or position of insertion or make any other alteration, the Client will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond EIMF Marketing’s control. Every care is taken to avoid mistakes but EIMF Marketing cannot accept liability for any errors due to third parties, subcontractors or inaccurate copy instructions. In any event the Client acknowledges and confirms that its sole remedy for such inaccuracies in Advertisements will be for EIMF Marketing to use its reasonable endeavours to remedy such inaccuracies upon notice from the Client , where practicable. For the avoidance of doubt the Client accepts that Advertisements which have gone to print cannot be altered.
12.4 The Client warrants that the Advertisement does not contravene any Act of Parliament nor is it in any other way illegal or defamatory or an infringement of any other party’s rights or an infringement of the British code of Advertising Practice. Country of origin (other than the United Kingdom) of goods advertised must be shown in advertisements if so required by statute or statutory or other regulations.
12.5 The Client will indemnify EIMF Marketing fully in respect of any claim made against EIMF Marketing arising from EIMF Marketing’s publication of any Advertisement or part thereof arising from a breach of any term, condition, undertaking or warranty given hereunder or otherwise to EIMF Marketing. EIMF Marketing may consult with the Advertiser as to the way in which such claims are to be handled, and may require the Client to enter as a party to any claim.
12.6 Advertisement rates are subject to revision at any time and orders are accepted on condition that, in the case of Advertising placed within an issue of the Magazine, that the price binds EIMF Marketing only in respect of the next issue to go to press. In the event of a rate increase, the Client will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.
12.7 If a Client cancels the balance of a contract for the placement of Advertising, the Client relinquishes any right to any series discount to which they may previously have been entitled and Advertising will be paid for at the then current rate card.
12.8 Accounts are due for settlement within 30 days of the commencement of publication of the Advertising. In the event of any account becoming overdue, EIMF Marketing reserves the right both to suspend Advertising until such time as the sum owing is paid and to reduce any commission otherwise allowed to Advertising Agencies.
12.9 Advertisement copy should be supplied by the Client in accordance with the mechanical data stated on the rate card. Charges will be made to the Client or his Agent where the printers are involved in extra production work owing to acts or defaults of the Client or his Agent. These charges will be at the rate agreed prior to commencement of Advertising.
12.10 If copy instructions are not received by agreed Copy Date no guarantee can be given that proofs will be supplied nor corrections made and EIMF Marketing reserves the right to repeat the most appropriate copy, or insert a house advertisement for which the Client will be invoiced.
12.11 Total amount payable, by the Client, within the 30-day period, will be written in the ‘Gross Payment’ section of the order form, accompanying this document. Series bulk discount purchases must be paid in one payment, 30 days after invoice, unless otherwise stated.
12.12 In the case of the Client failure to make complete payment within 30 Days of the invoice date occurred, cumulative monthly interest, at a rate of 10% per month from the invoice date, will be added to the gross amount. If at any time legal fees and costs are incurred as a result in obtaining payment from the Client, those costs will be charged back to the Client.
12.13 Client’s materials which may be delivered to EIMF Marketing including but not limited to property and artwork are held by EIMF Marketing at Client’s risk and should be insured by them against loss or damage from whatever cause. EIMF Marketing reserves the right to destroy all artwork, which has been in his custody for twelve months from the date of its last appearance.
12.14 Event sponsorship and exhibition space: In all case where an agreement of event sponsorship, incorporating exhibition space, not limited to fixed shell scheme, but also including space provided to a client to erect their own stand; the client must abide by the limitations of the agreement and space provided. All event sponsorship agreements will be writing and cannot be broken by the client. EIMF Marketing reserves the right to cancel any event sponsorship contracts, if, for any reason, the event is cancelled or postponed. If the event is postponed within a reasonable timeframe, the contract will remain valid and roll over to the new date.
Prices for any of EIMF Marketing services or products are subject to change without prior notice. EIMF Marketing aim to regularly update all publicly available sources of price information via the Website to ensure that you have accurate information available to you when you order.
The description and price of any Service purchased hereunder will be confirmed in EIMF Marketing’s despatch note and/or invoice or at point of payment if purchased online.
14 Payment Policy
Unless specified herein or at point of purchase to the contrary, EIMF Marketing invoices for any Service are due for payment 30 days from their date. EIMF Marketing reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest on overdue amounts at the rate in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
15.1 Dependence on EIMF Marketing Services: The contents of any of EIMF Marketing Services or the Website do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action. Under no circumstances shall EIMF Marketing be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Website or Services. You agree to indemnify EIMF Marketing against any actions, claims, proceedings, or liabilities arising from your use of the Website or Services.
15.3 Force Majeure: If by reason of labour dispute, strikes, inability to obtain labour or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such EIMF Marketing is unable to perform in whole or in part its obligations set forth in these terms, then EIMF Marketing shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make EIMF Marketing liable to any other party.
15.4 Users may not transfer any of their rights under these terms and conditions to any other person. EIMF Marketing may transfer their rights under these terms and conditions where EIMF Marketing reasonably believes Users rights will not be affected.
15.5 These terms and conditions may be varied by EIMF Marketing from time to time. Such revised terms will apply from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
15.6 These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
15.7 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
15.8 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
15.9 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
15.10 Governing Law and Jurisdiction
Scottish Law and Jurisdiction will apply.