This page (together with the documents expressly referred to on it (including, for the avoidance of doubt, our cancellation and refund policy)) (“terms and conditions”) tells you information about us and the legal terms and conditions on which you may make a booking through www.totaldecom.com (“Site”) to reserve a place on any of the events (“Events”) listed on our Site, book advertising, exhibition or sponsorship of any of the TotalDECOM events, products or services and any TotalDECOM subscription bookings (“Booking”).
These terms and conditions will apply to any Contract (as defined below) between us for a Booking.
Please read these terms and conditions carefully and make sure that you understand them before making a Booking through our Site. Please note that by making a Booking you agree to be bound by these terms and conditions.
We amend these terms and conditions from time to time as set out in clause 21 below. Every time you wish to make a Booking, please check these terms and conditions to ensure you understand the terms which will apply at that time.
These terms and conditions, and any Contract (as defined below) between us, are only in the English language.
You should print a copy of these terms and conditions for future reference.
1 INFORMATION ABOUT US
http://www.totaldecom.com is a site operated Total Decom Limited (“we”, “us” and “our”). We are registered in England and Wales under company number 09771824 and have our registered office at Fleet House, New Road, Lancaster, England, LA1 1EZ. Our trading address is Doubletree Court, 10a Cavendish St, Ulverston Cumbria LA12 7AD. Our VAT number is GB245881773
Our Site is only intended for use by individuals acting on behalf of businesses or as Sole Traders.
3 YOUR STATUS
By making a Booking through our Site, you warrant that:
(a) You are legally capable of entering into a binding contract and you have authority to bind any business on whose behalf you make a Booking; and
(b) You are at least 18 years old; and
(c) You are an individual acting on behalf of a business; and
(d) You are not a consumer.
4 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
a. Your booking request constitutes an offer by you to us to reserve your place at the Event specified in your booking request. All booking requests are subject to acceptance by us. We will accept your booking request by sending to you a booking request confirmation by e-mail (“Booking Request Confirmation”) at which time your place at the Event has been reserved and the contract between us (“Contract”) has been formed.
b. The Contract will relate only to the Booking which is set out in the Booking Request Confirmation. We will not be obliged to accept your booking request for any other Event(s) which may have been part of your original booking request.
c. If we are unable to accept your booking request for any reason (for example, there are no more spaces available at the relevant Event), we will inform you of this by e-mail and we will not process your booking request. If you have already paid for the Booking, we will refund you the full amount as soon as possible.
d. Following your receipt of a Booking Request Confirmation and the Contract being formed we may cancel the Contract (and the corresponding Booking in respect of the relevant Event) in the event we later discover that the relevant Event is overbooked (i.e. full) or you have paid, or are due to pay the incorrect price for any reason (including because we have incorrectly stated the price for the relevant Event on our Site or because you do not meet the required criteria for the ticket type you have selected). We will notify you as soon as possible in such an event however please note that we accept no responsibility whatsoever for any loss, claim, damage, costs or expenses suffered or incurred by you as a result of us cancelling the Contract (and the corresponding Booking in respect of the relevant Event) in such circumstances (including, but not necessarily limited to, travel and accommodation costs you have incurred).
5 OUR EVENTS
a. The description of the Events shall be as set out on our Site. Any typographical error, clerical or minor / other error or omission in any document or information issued by us shall be subject to correction without any liability on our part.
b. Our employees or agents are not authorised to make any representations concerning our Site and/or the Events unless confirmed by us by e-mail or otherwise in writing.
c. You must ensure that the terms of your booking request placed through our Site are complete and accurate and that you give us any necessary information relating to the Booking and the Event to enable us to duly perform the Contract.
6 USE OF OUR SITE AND HOW WE USE YOUR PERSONAL INFORMATION
a. Your use of our site is governed by our Terms of website use Policy. Please take the time to read these, as they include important terms which apply to you.
7 PRICE AND PAYMENT
a. The price for Booking a place on an Event will be as quoted on our Site from time to time, except in cases of obvious error. Prices are exclusive of any applicable VAT.
b. Prices are liable to change at any time, but changes will not affect Bookings in respect of which a Booking Request Confirmation has already been sent to you (save for as provided in clause 4d above).
c. Unless otherwise agreed by us, payment for all Bookings is in advance. We accept payment via Invoice and by the third party provider Stripe, who accepts Mastercard, visa, American express and maestro.
d. If you fail to pay the relevant price for Booking an Event in accordance with clause 7c above, we reserve the right to send to you an invoice in respect of any outstanding sums owed by you to us in respect of the Booking and you shall pay such invoice within the time limit stipulated on the relevant invoice or, if no time limit is so specified, within 7 days of the date of the invoice. We reserve the right to send to you a Booking Request Confirmation despite the fact that payment of the price for the Booking of the relevant Event has not been made in our absolute and sole discretion. If we do send to you a Booking Request Confirmation in such circumstances please note that you remain liable to pay the price for Booking the relevant Event. We reserve the right to charge you an administration fee of £10.00 if we are required to send out an invoice to you in accordance with this clause 7d.
8 OUR CANCELLATION AND REFUND POLICY
a. You can only cancel a Booking (and therefore the Contract) in accordance with our cancellation and refund policy which can be found HERE. You will only be entitled to a refund of the price paid for a Booking (if any) in accordance with our cancellation and refund policy.
b. We will usually refund any money received from you using the same method originally used by you to pay for the Booking.
9 OUR LIABILITY
a. Our liability for losses which you suffer as a result of any breach by us of these terms and conditions or arising in connection with your access to or use of our Site or any material on it, is strictly limited to the price of the Booking under which the claim arises.
b. This does not include or limit in any way our liability:
i. For death or personal injury caused by our negligence;
ii. For fraud or fraudulent misrepresentation; or
iii. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
c. We are not responsible for any indirect losses which you may suffer as a result of any breach by us of these terms and conditions or which arise out of or in connection with your access to or use of our Site or any material on it and which are not foreseeable by you and us, including but not limited to:
i. loss of income or revenue
ii. loss of business
iii. loss of profits or contracts
iv. loss of anticipated savings
v. loss of data, or
vi. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 9 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9a or any other claims for direct financial loss that are not excluded by any of categories i-vi inclusive of this clause 9c.
You agree to indemnify us against any loss, claim, damage, costs or expenses suffered by or made against us arising out of the Booking save where such loss, claim, damage, costs or expenses arise wholly or in part from negligence on our part.
a. The Contract shall terminate immediately upon the happening of any one or more of the following: –
i. you are dissolved or have a bankruptcy order made against you or you make an arrangement or composition with your creditors; or
ii. you (being a body corporate) convene a meeting of creditors or enter into liquidation (whether voluntary or compulsory); or
iii. you have a receiver, manager, administrator or administrative receiver appointed of the whole or any part of your undertaking, property or assets; or
iv. a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order over you; or
v. any proceedings are commenced relating to your insolvency or possible insolvency in any jurisdiction to which you or any of your assets are subject.
b. The Contract shall terminate immediately upon service by us of written notice of termination on you on the happening of any one or more of the following:-
i. you have, suffer or allow any execution to be levied on your assets or obtained against you; or
ii. you commit a material breach of any of your material obligations (which shall, for the avoidance of doubt, include the payment of any sums due to us under the Contract) under the Contract or under any other contract with us; or
iii. you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986; or
iv. you cease or threaten to cease to trade.
c. We may terminate the Contract in accordance with clause 4d above.
d. Termination of the Contract shall not affect rights and duties accrued before termination.
a. We shall endeavour to keep any confidential information provided by you to us, confidential and secret.
b. We shall only use the confidential information for the purpose of performing the Contract.
c. The obligations set out in clause 12a and 12b shall not apply to any information which:
a. was known or in our possession before it was provided by you to us;
b. is, or becomes, publicly available through no fault on our part
c. is provided to us by a third party, who did not breach any confidentiality obligations by making such disclosure;
d. was developed by us (or on our behalf) without direct access to, or use or knowledge of the confidential information supplied by you; or
e. is required to be disclosed by order of a court of competent jurisdiction
d. The obligations set out in this clause 12 shall survive termination of the Contract for a period of 12 months.
13 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
Any notice to be given by either us to the other under these terms and conditions must be by e-mail addressed to the other party at the e-mail address which you provide in your order or to our e-mail address as set out in the Booking Request Confirmation.
15 TRANSFER OF RIGHTS AND OBLIGATIONS
a. The Contract between us is binding on you and us and on our respective successors and assigns.
b. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
c. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16 EVENTS OUTSIDE OUR CONTROL
a. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
b. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
i. Strikes, lock-outs or other industrial action.
ii. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
iv. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
v. Impossibility of the use of public or private telecommunications networks.
vi. The acts, decrees, legislation, regulations or restrictions of any government.
c. Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
a. If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
b. A waiver by us of any default shall not constitute a waiver of any subsequent default.
c. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
a. We may make audio, visual or audio-visual recordings of the event. You hereby consent to:
i. the use of your likeness, image and/or voice within such recordings free of charge and the use of the recording in the marketing materials of Total Decom Limited or any relevant third party organiser of the event you are booking
ii. If you are booking on behalf of another person or persons, such person or persons have consented to the use of their likeness, image and/or voice within such recordings free of charge and the use of the recording in the marketing materials of Total Decom Limited or any relevant third party organiser of the event you are booking.
b. As a condition of entry to the event you assign the copyright in any photographs or recordings made at the event to Total Decom Limited. We reserve the right to pass the photographs or recordings to a third party.
c. Views expressed by Speakers are their own and Total Decom Limited accepts no liability for any loss, injury or damage, howsoever caused.
If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20 ENTIRE AGREEMENT
a. These terms and conditions together with our cancellation and refund policy and any other documents referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
b. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to the Contract except as expressly stated in these terms and conditions, the cancellation and refund policy or any documents referred to in them.
c. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
21 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
a. We have the right to revise and amend these terms and conditions, our cancellation and refund policy and/or any documents referred to in them from time to time. This right shall not affect the existing terms and conditions, cancellation and refund policy and any other documents referred to in them accepted by you at the time of Booking an Event which shall govern our contractual relationship with you in respect of that Booking.
b. Every time you make a Booking for an Event through our Site, the terms and conditions, cancellation and refund policy and documents referred to in them in force at that time will apply to the Contract between you and us.
22 LAW AND JURISDICTION
Our Site is operated and controlled from the United Kingdom and contracts for Booking an Event through our Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.