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TERMS & CONDITIONS
Please read the following terms and conditions carefully.
These
terms and conditions of business comprise the entire Agreement between PEI
Media Group Ltd [PEI] and you. Please read them carefully as they determine the
terms of the relationship both parties agree to as the basis of their
interaction and are legally binding. These terms and conditions adhere to
industry norms and are not subject to renegotiation or one-off amendment. If
you have any questions about them please speak to your PEI contact or email us
at: customerservices@peimedia.com.
There
are specific sections in these terms and conditions relating to particular topics
as well as products and services supplied by PEI, which you can jump to here:
•
General
•
Books and directories
•
Conferences
•
Subscriptions [publications and databases]
•
User Generated Content
•
Training courses
•
Definitions [where key terms used in these
terms and conditions are defined]
•
Contacting us
These terms and conditions were last updated 16
April 2012 and supersede all prior versions.
General
1. Placing an order:
You
can order any Product by email, telephone, fax, mail or online. The relevant contact details for PEI are
available on our Sites, in our Products and on our marketing material. Our
general office details are also included at the end of these terms and
conditions. Orders placed by you for any
of our Products and/or Services shall only be binding when accepted by us as
acknowledged by an Order Confirmation. Please note that any person who places
an Order on your behalf which is accepted by us can bind you legally. In the
case of a Subscription Order, we reserve the right to have your Subscription go
live once we have received credit card authorisation or cleared funds from you.
2.
Pricing of Products and Services:
We
provide the facility to order our Products and Services in a number of
different currencies [see below] and are obliged to use exchange rates that
will not always correlate with the most current. We will not provide refunds on
perceived exchange rate differences nor accept payments made using exchange
rates other than those used by us. While we try to ensure that all prices on our website and other marketing
material are accurate and consistent, errors may occur. If we discover an error
in the price of goods you have ordered we will inform you as soon as possible
and give you the option of reconfirming your order at the correct price or
cancelling it. If we are unable to contact you we will treat the order as
cancelled. If you cancel and you have already paid for the goods, you will
receive a full refund.
3.
Payment and charges:
All payments made by
you in relation to an Order must be made inclusive of VAT or other relevant
purchase tax, if any, or similar tax, and shall be made in full at one time.
PEI will try to process your Order promptly but does not guarantee that all the
benefits of the Product ordered will be available to you by any specified time.
We will charge you in British Pounds Sterling, United States Dollars, or Euros
depending on the Product and your country of residence. You may also have to
pay any applicable local taxes. PEI will notify you of any price increases
prior to you renewing a Subscription. Eligibility for any discounts is
ascertained at the time you order and cannot be applied retrospectively to an
Order. In some
cases when you pay for an Order by credit card your credit card company will
apply extra charges to a transaction over and above the published fee. We do
not receive any portion of such extra charges and the credit card holder is
responsible for such charges.
4.
Non-payment of fees to PEI
PEI
expects to be paid for any Product ordered at the point of sale and no later
than 30 days from the date of ordering unless agreed in advance between you and
us. We reserve the right to pursue all necessary means, including the issuance
of legal proceedings, to recover payment from you for Products and Services you
have ordered from us if full payment has not been received within the agreed period.
We also reserve the right to refuse subsequent orders for Products and Services
from you or colleagues from the same institution as you until all outstanding
payments owed to PEI relating to orders made by you and/or others in the same
institution have been cleared.
5. Ownership and intellectual property rights:
The
legal and beneficial interest in all copyrights, patents, trademarks, service
marks, design rights (whether registered or unregistered), database rights,
proprietary information rights and all other proprietary rights as may exist
anywhere in the world together with applications associated with any such
rights (collectively "Intellectual Property Rights" or IPR) relating
to the Material belong to us or our licensors or owner as indicated in the
Material, as the case may be, at all times. You obtain no Intellectual Property
Rights in the Products pursuant to or arising out of this Agreement. You shall
fully indemnify PEI in respect of any infringement of any IPR arising as a
result of your use of the Product and any Material that is in breach of this
Agreement. You shall allow us (or our licensors) to control any proceedings arising
as a result of any infringement, threatened infringement or claim relating to
the IPR. You shall make no admission as to liability nor agree any settlement
or compromise of any action on our behalf. You shall, at our request and cost,
offer such assistance as we may reasonably request in relation to any
proceedings relating to our IPR. Any recovery obtained from such proceedings
shall accrue solely for our benefit. If any infringement, threatened
infringement or claim occurs in relation to any IPR, or if we consider that
such a claim is likely to occur, we may in our absolute discretion:
(a)
procure the right for you to use the Material free of the infringement claim;
or
(b)
replace or modify the Material to make it non-infringing; or
(c)
terminate that part of the Material relating to the infringement (or potential
infringement) and return any Charges paid by you in respect to that part of the
Material in full and final settlement of any claims; or
(d)
if none of these options is reasonably practicable, terminate the Agreement and
return any charges paid by you to us on a pro-rated basis for the affected
Material in full and final settlement.
All Clients acknowledge
and agree that PEI may edit and amend parts of the Material. Any such
adjustment will have no meaningful impact on the meaning and validity of the
Material, but will serve as a means of uniquely identifying the Material as
having been supplied by us to you and the Client accepts that this is a
legitimate and lawful measure for PEI to undertake in order to protect our
and/or our partners’ intellectual property and copyright. All Clients also
agree that in the event that any third party has access to Material that can be
identified as having a Client's unique adjustments then a prima facie breach of these terms and conditions on the part of the
Client may be assumed by PEI and the necessary remedies undertaken by us as set
down in these terms and conditions.
6. License agreement:
All
Subscriptions to a Product are purchased subject to the terms of a Single User
or Multi-user License Agreement as outlined below.
7. Warranties:
PEI
makes all reasonable efforts to ensure the Material is provided to Clients in
accordance with any specifications set out in the Order Confirmation and
accepted by us. We do not warrant that the Material will meet your requirements
or that it will be complete, error free or delivered without interruption.
Except as expressly set out in this Agreement, all undertakings are excluded to
the maximum extent permissible by law. You assume sole responsibility for the
selection, suitability and use of the Product or Service and acknowledge that
except as stated above we do not provide any additional warranties or
guarantees relating to the Material. By using the Product or Service, you agree
that any Material provided is only for your general information and use and is
not intended to address your particular requirements. In particular, the Material
does not constitute any form of advice, recommendation, representation, endorsement
or arrangement by us or any of our employees and is not intended to be relied
upon by Users in making (or refraining from making) any specific investment or
other decisions. Appropriate independent advice should be obtained before
making any such decision. Any agreements, transactions or other arrangements
made between you and any third party named on (or linked to from) a Site are at
your sole discretion and responsibility. Any information
that you receive via the Site whether or not it is classified as “real time”,
may have ceased to be current by the time it reaches you and any share price
information may be rounded up/down and therefore not entirely accurate. PEI
Media is not responsible for any use of the Material by you outside its scope
as stated in these terms and conditions.
8. Limitation of liability:
PEI
shall not be liable to you for any direct, indirect or consequential loss,
including loss of actual or anticipated profits, revenue, goodwill, anticipated
savings or data, whether arising from negligence, breach of contract or
otherwise. Our liability in contract, tort or otherwise arising out of or in
connection with the Agreement shall in respect of any one or more incidents not
exceed the total Payment received by us from you for the Product in the 12
months preceding the date the claim occurs. A Client also accepts that PEI has
from time to time used sources in providing the Material whose legitimacy and
accuracy we have used reasonable endeavours to confirm, and that if the Client
believes that any of the information contained in the Material is inaccurate or
misrepresented, you will bring this to the notice of PEI and provide
information to assist us in correcting any such deficiencies, and that the
Client will take no further action in law with respect to such alleged
inaccurate or misrepresented information. The Client further agrees that PEI
will endeavour to rectify such deficiencies in good faith, and that such action
will be deemed to fulfil our obligations to the Client.
9. Confidentiality:
Neither
party shall, except as strictly required to perform its rights and obligations,
use, copy, adapt, alter, disclose, publicise or in any way part with possession
of any information of the other which comes into its possession as a result of
the Agreement, including the existence and terms of the Agreement. This
obligation shall not apply to any information:
(a)
which the receiving party can prove was in its possession at the date it was
received or obtained; or
(b)
which the receiving party obtains from another person with good legal title
thereto; or
(c)
which comes into the public domain otherwise than through the default or
negligence of the receiving party; or
(d)
which is independently developed by or for the receiving party.
10. Notices:
Any
notice, invoice or other Document shall be duly given by PEI if sent by email, post
or facsimile to the individual contact using the details as supplied to us. You
should direct all communication to your PEI contact person as well as to our
customer services manager located at our London office [details given below].
11. Force Majeure:
PEI
shall not be liable for any delay or failure to perform any obligation under
this Agreement insofar as the performance of such obligation is prevented by an
event beyond our reasonable control, including but not limited to, earthquake,
fire, flood or any other natural disaster, labour dispute, riot, revolution,
terrorism, acts of restraint of government or regulatory authorities, failure
of computer equipment and failure or delay of sources from which data is
obtained.
12. Online Access:
Where
the Material is to be delivered through our Sites we will, in the absence of
any breach of the Agreement by you or any modification to the term agreed in advance
by both parties, provide online access to the Material for a standard period of
12 months from the date the Order is accepted by us and you have access User
access to the relevant Site. All of our Subscriptions have a standard minimum
duration of 12 months. PEI will use all reasonable efforts to make online
access continuously available throughout that period but cannot guarantee that
the online access will operate continuously or without interruptions or that it
will be error free and we do not accept any liability for its unavailability.
13. Viruses, hacking and other offences:
You
must not misuse any of our Sites by knowingly introducing viruses, trojans,
worms, logic bombs or other material which is malicious or technologically
harmful. You must not attempt to gain unauthorised access to any Site, the
servers on which any Sites are stored or any server, computer or database
connected to any Site. You must not attack any Site via a denial-of-service
attack or a distributed denial-of service attack. By breaching this provision,
you might commit a criminal offence. We will report any such breach to the
relevant law enforcement authorities and we will co-operate with those
authorities by disclosing your identity to them. In the event of such a breach,
your right to use our Site will cease immediately and any Subscriptions or
other Orders related to you will be terminated without refund. We will not be
liable for any loss or damage caused by a distributed denial-of-service attack,
viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your
use of our Site or to your downloading of any material posted on it, or on any
website linked to it.
14. Links from and to our Sites
Where
a Site contains links to other websites and resources provided by third
parties, these links are provided for your information only. We have no control
over the contents of those sites or resources, and accept no responsibility for
them or for any loss or damage that may arise from your use of them. You may
link to our home page, provided you do so in a way that is fair and legal and which
in our reasonable opinion does not damage our reputation or take advantage of
it, but you must not establish a link in such a way as to suggest any form of
association, approval or endorsement on our part where none exists. You must
only establish links from your own website. Our Site[s] must not be framed on
any other website, nor may you create a link to any part of our Site[s] other
than the home page without our written permission. We reserve the right to
withdraw linking permission without notice.
15. Further Provisions:
The
Agreement constitutes the entire understanding between the parties relating to
the Material and supersedes any previous agreements and understandings whether
oral or written relating to Orders, Products or Material. In the event of any
inconsistency between these terms and conditions and the Order, the Order shall
prevail. The Agreement may only be varied in writing signed by an authorised
representative of each party. Failure at any time to enforce any of these terms
and conditions or to require performance by the other party of any such term or
condition shall not be construed as a waiver of such provision or affect the
right of either party to enforce the same. If any provision is held to be invalid
or unenforceable by any tribunal of competent jurisdiction, the remaining
provisions shall not be affected and shall be carried out as closely as
possible according to the original intent. The Agreement does not confer any
rights to or on any third party.
16.
Privacy policy:
We
process information about you in accordance with our Privacy Policy. By using the Site or by placing an Order, you consent to
such processing and you warrant that all data provided by you is accurate and
up to date.
17.
Changes to these terms and conditions:
We
may change these terms and conditions from time to time and will make all
reasonable efforts to notify Users and Clients of such amendments. Users and
Clients are also expected to check these terms and conditions regularly to
ensure ongoing compliance with the current terms and conditions. If you do not
agree to any changes to these terms and conditions, you should cease using the
Site and contact us via email: info@peimedia.com.
18.
Governing law:
These terms and
conditions shall be governed by, and construed in accordance with, English law.
To the extent possible in the applicable jurisdiction, you and PEI irrevocably
agree that the courts of England shall have exclusive jurisdiction to settle any
dispute which may arise out of, under, or in connection with these terms and
conditions, and for those purposes irrevocably submit all disputes to the
jurisdiction of the English courts. You may not assign, sub-license or
otherwise transfer any of your rights under these terms and conditions. If any
provision of these terms and conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of that provision will not affect
the validity of the remaining provisions of these terms and conditions, which
shall remain in full force and effect. Failure by either party to exercise any right or
remedy under these terms and conditions does not constitute a waiver of that
right or remedy. Headings in this Document are for convenience only and will
have no legal meaning or effect.
Books and
directories
1. Cancellation:
PEI provides detailed contents and sample extracts of our books and directories
on our Sites to ensure customers know what they are buying. We recommend you
always make full use of this information and if necessary discuss your needs
with our customer services team before ordering. We do not provide a refund
once a purchase of a book or directory has been made and an Order has been
delivered.
2. Delivery:
PEI will send your book or directory to you by courier. However, PEI is not
responsible for local charges for customs clearance in your destination
country. It is the Client’s responsibility to arrange for any payment relating
to local customs charges and PEI will not be responsible for any such charges
or related delays in delivering the order to you.
3. Reproduction:
All of our books and directories are protected by
copyright and Clients are not allowed to reproduce any part or all of a book or
directory in any format without the prior written permission from PEI. PEI
provides a cost effective incremental discount on bulk orders of any of our
books or directories as well as providing a reprint service for extracts also: please
talk to our customer services team for more details.
Conferences
1. Conference fee:
The Conference fee entitles the Delegate to attend all Conference sessions and
refreshment breaks, including lunch and any cocktail reception associated with
the event. The fee also includes Conference materials, which will be presented
to the Delegate at the Conference and any subsequent materials made available
to Delegates online after the Conference. Where applicable all Conference Delegate
fees will be subject to local purchase tax rates.
2. Payment:
Payment in full must be made to PEI prior to the Conference taking place.
Payments can be made by American Express, Visa, MasterCard, company cheque or
by wire transfer. If registering four (4) weeks or closer to the Conference
date, delegates MUST pay by credit card.
3. Delegate cancellation and non-attendance:
Any cancellation received more than fourteen (14) days prior to the Conference
will be subject to a charge of 50% of the fee already paid or payable. All
cancellations must be made in writing (by letter, fax or email - proof of delivery
will be required) to the contact provided by PEI on the relevant Site. No
refunds will be made for cancellations made within 14 days of an event but any
such cancellations will receive a 100% credit to be used at another PEI
Conference for up to 12 months from the date of issuance. This policy is
necessary due to our advance guarantee obligations and the costs associated
with running the Conference. Please also note that you can substitute another
person instead of cancelling [see below]. If you do not advise PEI that you are
cancelling your delegate place[s] or that you are substituting another person
or people in your place[s] then you remain liable for the full delegate fee[s].
Non-attendance at the conference does not waive your liability to pay for the
delegate place[s] booked by you or on your behalf and PEI reserves the right to
use all necessary means to receive payment from you, including the issuance of
legal proceedings.
4. Substitution policy:
Substitutions within organisations may be arranged as long as PEI is notified
in writing in advance of the Conference. No substitutions may be made with a
Delegate from another company and under no circumstances can a delegate
registration be shared.
5. Postponement:
In the event that PEI postpones a Conference, delegates registered for the
Conference have the option to either wait to attend the Conference at the
rescheduled time [PEI to retain the Delegate payment if already made] or to
have the payment credited to a future PEI event. This credit will be available
for use for the next 12 months from the date that the credit is issued by PEI.
6. Conference cancellation:
If PEI is obliged to cancel any Conference then any
Client will be offered the choice of either transferring their registration to
another PEI Conference of their choice that is scheduled in the next 12 months or
to receive a full refund of any payment received by PEI for that particular
Conference from that Client. Any refunds will be made within 30 days of written
notice having been issued by PEI that the Conference has been cancelled.
7. Force Majeure:
If for any reason beyond PEI's reasonable control (including but not limited
to: strikes; acts, regulations or orders of governmental authorities; civil
disorder; disasters; acts of terrorism; acts of war; acts of God) it is
impossible to run a Conference, PEI will as a first choice look to postpone the
Conference [see Postponement above] but reserves the right to retain some or
all delegate fees as a contribution to all venue and administrative costs
incurred.
8. Travel and accommodation:
PEI is not accountable for booking any transportation or accommodation required
by Delegates nor for any transfers to and from the conference venue. Although
PEI will work with the hotel hosting a Conference to secure a preferential delegate
rate for those attending the Conference there, PEI makes no assurances as to
the availability of this rate nor of the hotel services offered. PEI will not
accept liability for any public or individual transport disruption or deferral.
In such circumstances, our standard cancellation policy applies.
9. Speakers and agenda:
Please be aware that all speakers were confirmed at the time of the published
agenda, however, circumstances beyond the control of PEI may necessitate
substitutions, alterations or cancellations of the speakers and/or topics. PEI
reserves the right to alter or modify the advertised speakers and/or agenda
topics if necessary. Please visit the relevant Site, which is updated
regularly.
10. Acceptance of
registration:
PEI reserves the
right to decline a registration for a Conference for any reason at any time up
to and including the first day of the Conference. PEI will refund any payment
in full relating to any such registration that PEI chooses to decline within 30
days of notifying the Delegate of this decision.
Subscriptions
1.
Types of Subscription and Subscription options:
PEI
offers a number of different Subscription options to Clients, currently
classified as silver, gold and platinum. These different levels of Subscription
provide a range of benefits and access to differing amounts and type of
Material. You should visit the relevant Site[s] to determine which Subscription
for which Product best suits your requirements but the following terms and
conditions apply to any Subscription you purchase. Most commonly you can buy
either a single user or multi-user subscription when the latter enables no more
than three Personnel the benefits of a Subscription. All of our Subscriptions
have a standard duration of 12 months. You may upgrade your Subscription to a
higher level at any time with the new Subscription lasting for a 12 month
period. You may be able to arrange for a Trial of one or several Subscriptions
that interest you by speaking to your PEI contact or by emailing us at: customerservices@peimedia.com. If you or other Personnel
take a Trial then you are subject to these terms and conditions wherever
applicable during the entire term of the Trial period.
2.
Subscription termination
PEI
reserves the right to terminate a Subscription without notice if in our
reasonable opinion we consider that Subscription is being used in ways that
contravene the terms described herein. This can include evidence of multiple
and/or simultaneous access to Material by User[s]. In these cases, no refund
will be given. See also section 6 below.
3.
Multi-user subscriptions of more than three Users
These
terms and conditions apply to all types of subscription including those
multi-user subscriptions that are for more than three Personnel. To arrange for
such a Subscription you should speak to your PEI contact or email us at customerservices@peimedia.com.
4.
Terms and conditions applying to a Single User Subscription:
When a Trial is taken or a Single
User Subscription is purchased by you (relating to both hard copy and/or
electronic forms of Material and regardless of the means of access or delivery)
you may:
-
(i) Display such Material to one User (for the avoidance of doubt this is the
person whose details are given as the User on the Order you made to us).
(ii) Download and store limited and insubstantial extracts of Products and/or
of Database Products in machine readable form for use by the User).
(iii) Use limited and insubstantial extracts from the Material for external
purposes provided that such use is in the ordinary course of your business and
does not form part of a regular or routine pattern of use and provided further
that where extracts of the Material are contained in Documents which are to be
included in press releases and/or otherwise made publicly available, such
extracts of the Material shall (unless otherwise agreed in writing with PEI)
not be released unless the following conditions are complied with: either a
proof, copy or relevant section of the Document are supplied to PEI for release
authorisation prior to external distribution. PEI will not unreasonably
withhold or delay such authorisation; and PEI’s copyright notice is included in
the Document; and expressly and with reasonable prominence, PEI is acknowledged
as the source of the Material so used. You should contact us by email at info@peimedia.com to receive such authorisation.
(iv) Print one copy of articles that form part of the Material for use by the
User.
(v) Print limited and insubstantial extracts of Database Products for use by
one member of your Personnel (the User).
(vi) Allow the User to use the Data for internal analysis in the ordinary (internal)
course of your business.
(vii) Use limited and insubstantial extracts from the Material in internal
business reports circulated to Personnel within the normal (internal) course of
your business; and
(viii) save only as expressly permitted in accordance with sub-clause (iii)
above, allow the User to use such Material solely for your internal business
purposes.
- When a Trial is taken or a Single
User Subscription is purchased by you (relating to both hard copy and/or
electronic forms of Material and regardless of the means of access or delivery)
you may not:
(i) download, store, reproduce, transmit, display, copy, distribute,
commercially exploit or use the Material and/or Data other than as expressly
permitted in section 1 above;
(ii) resell, sub-license, rent, lease, transfer or attempt to assign the rights
in the Material and/or Data (in whole or in part) to any other person;
(iii) use the Material and/or Data in any manner, (or transfer or export the
Material and/or Data or any copies thereof into any country), other than in
compliance with applicable laws;
(iv) allow the one named User to use the Material and/or Data other than in
accordance with these Terms nor may you allow any person other than the one
named User to use and/or gain access to the Material and/or Data;
(v) modify or alter such Material and/or Data nor may you create a database in
electronic or structured manual form by systematically downloading and storing
any of the content from such Material and/or Data.
5.
Terms and conditions applying to a Multi-user subscription:
- When a multi-user
subscription is purchased, the Client has typically purchased the right to have
3 Users have access to the features of that Subscription as detailed by the
relevant Site. In relation to the Subscription the Client has purchased, each
User will receive a username/password as part of their Subscription. Users may
not share their username/password with anyone else. When a multi-user subscription
is purchased by a Client (relating to both hard copy and/or electronic forms of
Material and regardless of the means of access or delivery) the Client may:
(i) Display such Material electronically to members of Personnel wherever in
the world they may be located.
(ii) Use limited and insubstantial extracts from the Material for external
purposes provided that such use is in the ordinary course of your business and
does not form part of a regular or routine pattern of use and provided further
that where extracts of the Material are contained in Documents which are to be
included in press releases and/or otherwise made publicly available, such
extracts of the Material shall (unless otherwise agreed in writing with PEI)
not be released unless the following conditions are complied with: either a
proof, copy or relevant section of the Document are supplied to PEI for release
authorisation prior to external distribution. PEI will not unreasonably
withhold or delay such authorisation; and PEI’s copyright notice is included in
the Document; and expressly and with reasonable prominence, PEI is acknowledged
as the source of the Material so used. You should contact us by email at info@peimedia.com to receive such authorisation.
(iii) download and store limited and insubstantial extracts of Products and/or
of Database Products in machine readable form for use by members of your
Personnel wherever in the world they may be located and for the purposes of
internal distribution within the Client;
(iv) print copies of articles for use by members of your Personnel;
(v) print limited and insubstantial extracts of Database Products for use by
your Personnel;
(vi) allow your Personnel to use the Data for internal analysis in the ordinary
(internal) course of your business;
(vii) download, reproduce and store limited and insubstantial extracts of the
Data in one or more internal databases of the Client for subsequent retrieval,
analysis, manipulation, report preparation and/or other lawful internal
business purposes of the Client;
(viii) use limited and insubstantial extracts from the Material in internal
business reports circulated to your Personnel within the normal (internal)
course of your business; and
(ix) save only as expressly permitted in accordance with sub-clause (ii) above,
allow your Personnel to use such Material solely for your internal business
purposes.
- When a Multi-User
Subscription is purchased by you (relating to both hard copy and/or electronic
forms of Material and regardless of the means of access or delivery) you may
not:
(i) download, store, reproduce, transmit, display, copy, distribute,
commercially exploit or use the Material and/or Data other than as expressly
permitted in section 1 above;
(ii) resell, sub-license, rent, lease, transfer or attempt to assign the rights
in the Material and/or Data (in whole or in part) to any other person;
(iii) use the Material and/or Data in any manner, (or transfer or export the
Material and/or Data or any copies thereof into any country), other than in
compliance with applicable laws;
(iv) allow any of your Personnel to use the Material and/or Data other than in
accordance with these Terms nor may you allow any person other than a member of
your Personnel to use and/or gain access to the Material and/or Data;
(v) modify or alter such Material and/or Data nor may you create a database in
electronic or structured manual form by systematically downloading and storing
any of the content from such Material and/or Data (other than as expressly
permitted in sub-clause 7(a)(vii) above); or
(vi) in the case of Material supplied in portable EDS, permit anyone other than
members of Personnel to access the software - the Terms will continue to govern
the use of the Material and/or their constituent Data regardless of where the
EDS containing the Material and/or their constituent Data is located.
6.
Subscription cancellation:
Once you have purchased a silver or gold
level Subscription you may cancel the Subscription within 30 days from the date
of the Subscription going live [that is, the date when you have access to all
the benefits of the Subscription you have ordered]. Please note that if you
cancel a platinum Subscription at any time after the Subscription has gone
live, no refund is available. A Client should make full use of the trial offer
available for a platinum subscription before placing an Order. All
cancellations must be made in writing [by letter, fax or email - proof of
delivery will be required] and sent to the Head of Customer Services at PEI’s
registered London address or by email: customerservices@peimedia.com. If you cancel a silver or gold level subscription within
the first 30 days you will receive a refund representing 75% of your
Subscription payment. Refunds will be made within 30 days of PEI confirming the
cancellation. No refund will be given if a silver or gold Subscription is
cancelled once thirty days have passed from the Subscription going live.
Likewise, PEI reserves the right to terminate a Subscription at any time and
without any refund if in our reasonable opinion that Subscription has been
subject to activity outside the terms of use stipulated in these terms and
conditions. Please note you can substitute a User rather than cancelling a
Subscription [see below].
7.
User substitution.
A
User can choose to substitute a replacement person/people from the same Client
to replace themselves as the User[s] for a Subscription by emailing our
customer services team at customerservices@peimedia.com. PEI reserves the right to
refuse a substitution request if, for example, it requires a subscription to be
transferred to a different institution or Client. If a substitution is refused
our standard cancellation policy applies.
8.
Subscription queries:
If
you have any questions about which Subscription to purchase or about a Subscription
you have purchased please speak to your PEI contact or email us at: customerservices@peimedia.com
User Generated Content
Our
Sites include areas where comments and discussion can be posted publicly and
which allow interaction between Users and between Users and PEI personnel.
Information posted to our Sites by Users is called User Generated Content or
UGC. We encourage legitimate Users to participate in these ways on the
understanding they adhere to any rules posted by us on the Sites. You will
retain ownership of the copyright in any of your UGC that you or we publish on
our Sites so you are free to re-use it as you wish. You confirm that if you
post UGC to any of our Sites then you are granting PEI a right (but not an
obligation) unlimited in time to publish, re-use, archive, modify, delete or
commercially exploit that UGC in whole or in part as we see fit, whether on our
Sites or otherwise, without any requirement to pay you for this and with or
without attribution to you. You therefore grant PEI a worldwide, non-exclusive,
perpetual, irrevocable, royalty-free licence to use any UGC you publish in
whole or in part in any manner and for any purpose whatsoever and without
further obligation to you. You also waive any moral rights that you may have in
regard to the UGC. You are responsible for all the content of any of your UGC
that you or we publish. You are financially responsible to us for any claim
against us by any third party that your UGC is not in accordance with the rules
given below or that otherwise relate to your UGC.
You
undertake and agree that you will:
- only publish UGC that is
your original content and which does not infringe the copyright or other rights
of any third party when publishing such UGC.
- not post, link to or otherwise publish any UGC containing any form of
advertising or promotion for goods and services or any spam or other form of
unsolicited communication.
- not post, link to or otherwise publish any UGC with recommendations to
buy or not buy a particular share or other investment or which contain
confidential information of another party or which otherwise have the purpose
of affecting the price or value of any share or other investment.
- not post, link to or otherwise publish any UGC that is threatening,
abusive, libelous, indecent or otherwise unlawful.
- not disguise the origin of any UGC and not impersonate any person or
entity (including PEI employees) or misrepresent any connection with any person
or entity.
- not post or otherwise publish any UGC that is unrelated to the Site.
- not post or transmit any
UGC that contains software viruses, files or code designed to interrupt,
destroy or limit the functionality of the Site or any computer software or
equipment.
- not collect or store other Users’ personal data.
- not restrict or prevent any other User from using the Site.
Our
Sites will contain UGC submitted by Users over whom we have no control so PEI
cannot guarantee the accuracy, integrity or quality of any UGC. You must be
aware that other Users may not participate in posting UGC in a reasonable way
and may post UGC that is misleading, untrue or offensive. You should understand
that PEI cannot fully monitor all UGC published on our Sites but where we have
actually received written notice of any UGC that is potentially misleading,
untrue, offensive, unlawful, infringes third party rights or is potentially in
breach of these terms and conditions, then we will review that UGC, decide
whether to remove it from the Site and act accordingly. If you believe that any
UGC published on any of our Sites infringes any legal rights that you may have
or is not allowed under these terms and conditions, please notify us
immediately with specific details by contacting us at info@peimedia.com.
Training courses
1. Course Fee:
The fee entitles the registered Delegate to attend all training sessions and
refreshment breaks, including lunches associated with the course. The fee also
includes training materials, which will be supplied when required. Where
applicable all Delegate fees will be subject to local purchase tax rates.
2. Payment:
Payment in full must be made prior to the event taking place. Payments can be
made by American Express, Visa, MasterCard, company cheque or by wire transfer.
If registering fourteen (14) days or less prior to the event, delegates MUST pay
by credit card.
3. Delegate cancellation policy and non-attendance:
Any cancellation received more than fourteen (14) days prior to the Training Course
will be subject to a charge of 50 % of the fee already paid or payable. All
cancellations must be made in writing (by letter, fax or email - proof of delivery
will be required) to the relevant contact at PEI for that event. We regret that
no refunds will be made for cancellations made within 14 days of a course and
there will be no exceptions to this policy. Any cancellations received in
writing less than fourteen (14) days prior to the date of the forum will
receive a 100% credit to be used at another PEI Training Course for up to 12
months from the date of issuance. Please also note that you can substitute
another person instead of cancelling [see below]. If you do not advise PEI that
you are cancelling your delegate place[s] or that you are substituting another
person or people in your place[s] then you remain liable for the full delegate
fee[s]. Non-attendance of the training course does not waive your liability to
pay for the delegate place[s] booked by you or on your behalf and PEI reserves
the right to use all necessary means to receive payment from you, including the
issuance of legal proceedings.
4. Substitution policy:
Substitutions within organisations may be arranged as long as PEI is notified
in writing in advance of the course. No external substitutions may be made and
under no circumstances may registrations be shared.
5. Postponement:
In the unlikely event that PEI postpones a Training Course, delegate payments
already received will be credited to another appropriate PEI Training Course,
on a date and location convenient to the Client and will be applicable to any
training event run by PEI for the next 12 months from the date of postponement
by PEI of the original Training Course. PEI will confirm that a Training Course
will go ahead no later than 14 days before a Training Course is scheduled to
run. Delegates are therefore advised not to make any travel or accommodation
arrangements until a Training Course is confirmed to run. PEI is not liable for
any costs incurred by delegates in the event that a Training Course is
postponed.
6. Training course cancellation:
If PEI is obliged to cancel any Training course
then any Client will be offered the choice of either transferring their
registration to another PEI Conference of their choice that is scheduled in the
next 12 months or to receive a full refund of any payment received by PEI for
that particular Conference from that Client. Any refunds will be made within 30
days of written notice having been issued by PEI that the Conference has been
cancelled.
6. Force Majeure:
If for any reason beyond PEI's reasonable control (including but not limited
to: strikes; acts, regulations or orders of governmental authorities; civil
disorder; disasters; acts of terrorism; acts of war; acts of God) it is
impossible to run a course, PEI will as a first choice look to postpone the
Training Course [see Postponement above] but reserves the right to retain some
or all delegate fees as a contribution to all venue and administrative costs
incurred.
7. Travel and accommodation:
PEI is not accountable for booking any transportation or accommodation required
by Delegates nor for any transfers to and from the Training Course venue. PEI
will not accept liability for any public or individual transport disruption or
deferral. In such circumstances, our standard cancellation policy applies.
8. Trainer:
Please be aware that all trainers were confirmed at the time of publishing
information about the Training Course, however, circumstances beyond the
control of PEI may necessitate substitutions, alterations or cancellations of
the trainers and/or topics. PEI reserves the right to alter or modify the
advertised trainers and/or course outline topics if necessary. Please visit the
relevant Site, which is updated regularly.
Definitions
Throughout
this Agreement the following definitions apply:-
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“Agreement”, “Document”
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This
Document constitutes the entire agreement between PEI and you. PEI reserves
the right to make reasonable updates and changes to this Agreement where
necessary on the understanding that you will be alerted of any such change by
email.
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“Book”
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A
print or digital product consisting of multiple chapters covering a
specialist topic published by PEI and not forming part of a
Subscription.
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"Client", "you" or
"your"
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Any
person, company or other body which enters into a contract with PEI on these
terms and conditions by placing an Order with us. This may be to receive or
have access to any Material, (regardless of the mode of its delivery to the
Client) or to attend a Conference hosted by PEI. One Order may not extend to or include other
companies which may be part of the same group as the Client.
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“Conference”
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An
event hosted and run by PEI [at times in association with one or several
other organisations] in any location in the world.
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“Data”
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The
facts, figures and statistics researched and compiled by PEI that reside in a
Database Product and constitute a component of Material.
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"Database Product"
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A
product distributed, supplied or made available or accessible by PEI which
wholly or mainly comprises a compilation or combination of data, statistics,
research material and/or other information and which is presented wholly or
mainly in the form of a database, dataset or otherwise as a compilation or
combination of accessible, retrievable and/or searchable Material. PEI’s
Database Products form part of a Subscription that a Client can acquire.
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“Delegate”
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Any
person from a Client who has registered to attend a Conference or Training
Course run by PEI
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“Directory”
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A
compilation of information produced by PEI that is not updated - unlike a
Database Product - and which is delivered to a Client in print and/or digital
formats [such as PDF and Excel spreadsheet]
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"License"
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At
the point of purchase you will select either a single user or multi user
license, which relates to your Subscription to a PEI product and the use of
the Material [see also below]. A License has a standard term of 12 months.
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“Limited and insubstantial extracts”
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A
User may as part of a Subscription download portions of Material for storage
and internal distribution only to Personnel. Total downloads at any one time
at any one Client must not exceed 10 per cent of Material available as part
of a Subscription.
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"Material"
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Any
combination of information produced or compiled by PEI including but not
limited to text-based news and feature articles, data, video and audio
content in whatever delivery media format, including print, online, CD, DVD
and tape.
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"Online Services"
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Online
Material available on the websites operated by PEI.
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"Order[s]"
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An
order or orders for a Product made by a Client through our Sites or by email,
telephone, fax or mail in accordance with these terms of business.
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“Order Confirmation”
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The
confirmation of your order we send to you [typically by email] that confirms
the details of what you have ordered from PEI.
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"Site[s]"
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Any
one of the websites owned and operated including: www.PrivateEquityInternational.com, www.PERENews.com, www.PrivateDebtInvestor.com, www.PrivateEquityManager.com and
www.InfrastructureInvestor.com
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“PEI”, "our", "we" or "us"
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Refers
to PEI Media Group Ltd [including all wholly owned subsidiaries and any
majority owned entities] operating any brand names owned by PEI such as Private Equity International, PE Manager, PERE and Infrastructure Investor. PEI’s
registered offices are at 140 London Wall, London EC2Y 5ND and the company is registered in England no. 6135779
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"Personnel"
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Means:
(a) any employee of the Client; and/or
(b) (if applicable) any other person who is (i) nominated and identified by
the Client and (ii) individually authorised by PEI to have access to the
Material purchased by the Client. Please note that the mobility of data is
unlimited to Personnel in your organization whereas the number of Users who
will be issued username and password combinations to access the Site is
limited to no more than 3 individuals unless specifically negotiated and
agreed between you and PEI.
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“Payment”
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A
payment required from a Client to PEI in exchange for a Product.
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"Product"
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A
product produced, distributed, supplied or made available or accessible by
PEI. Product includes subscriptions, delegate places and books. A full range
of Products are available to review on the Sites.
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“Registered User[s]”
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Anyone
who has registered their details on a Site but who has not purchased a
Subscription. At present Registered Users receive a bronze level Subscription
free of charge by completing our registration form for the Site. A Registered
User is subject to all applicable clauses in these terms and conditions.
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"Services"
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Any
services as referenced in the Order Confirmation which are associated with
and/or form part of the Product purchased by the Client.
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"Software"
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Any
software (whether or not proprietary) supplied by PEI as part of any Order
for processing the information contained in a Product.
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“Subscription[s]”
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The
term describing a purchase made by a Client of a Product that provides a
particular level of access to Material for a certain period for a certain
number of Personnel [typically single user or multi-user subscriptions] who
are then designated Users. The different access levels are categorised as
Bronze [free of charge], Silver, Gold and Platinum [the latter three all
requiring payment]. Details of the
different Subscription levels are available on each of our Sites.
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"Terms"
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The
terms of business as detailed in this Agreement.
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“Training course”
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A
course hosted and run by PEI in any location in the world designed to provide
specialised training on a specific topic involving one or several trainers.
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“Trial” and “Triallists”
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We
may from time to time enable prospective Clients to have access to a
Subscription Product free of charge and for a predetermined period. Some
features of the Subscription may be disabled for a Trial and only those
Personnel specified by the Client to us can be Triallists. All relevant parts
of these terms and conditions apply to Triallists.
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"User[s]"
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Any
member of Personnel of a Client named in the Order Confirmation who has
access rights to the Material as part of a Subscription. This includes those
individuals who have subscribed to a level of Subscription higher than Bronze
[see definition of Registered User]. Only these individuals have such rights
of access to Material.
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“User Generated Content”, “UGC”
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Information
posted by a Registered User or User on one of our Sites that is visible to
other Registered Users and Users.
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Please
note: references to the singular include the plural, and references to one
gender include all other genders.
Contacting us:
You
can contact us by phone or mail via any of our three offices, detailed below.
PEI
London
140 London Wall
London
EC2Y 5DN
T:
+44 20 7566 5444
PEI
New York
16 West 46th Street
4th
Floor
New
York
NY 10016
T:
+1 212 633 1073
PEI
Hong Kong
14/F, Onfem Tower,
29 Wyndham Street
Central
Hong
Kong
T:
+852 2153 3240
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