Terms & Conditions | A Word About Wind
1. Introduction and General Terms
In order to provide you with the full range of services, we are sometimes required to collect information about you.
- what information A Word About Wind Ltd may collect about you;
- how A Word About Wind Ltd will use information we collect about you;
- whether A Word About Wind Ltd will disclose your details to anyone else;
- your choices regarding the personal information you have provided to us;
The A Word About Wind websites contain hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies, and we urge you to review them. They will govern the use of personal information you submit or are collected by cookies whilst visiting these websites. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such websites is at your own risk.
2. What information will A Word About Wind Ltd collect about me?
We may ask for personal information about you. This can consist of information such as your name, e mail address, postal address, telephone or mobile number. Different web-pages may ask for different personal information.
By entering your details in the fields requested, you enable A Word About Wind Ltd to provide you with the services you select.
3. How will A Word About Wind Ltd use the information collects about me?
A Word About Wind Ltd will use your personal information for a number of purposes including the following:
- For providing services to you in the way of sending goods to your address.
- IP addresses are used to identify the location of users, the number of visits from different countries and also to block disruptive use; and
- to analyse and improve the services offered on A Word About Wind Ltd. e.g. to provide you with the most user-friendly navigation experience.
Where A Word About Wind Ltd proposes using your personal information for any other uses we will ensure that we notify you first. You will also be given the opportunity to withhold or withdraw your consent for your use other than as listed above.
4. When will A Word About Wind Ltd contact me?
A Word About Wind Ltd may contact you:
- in relation to the order you have placed on the website to ensure that A Word About Wind Ltd can deliver the services to you;
- where you have opted to receive further correspondence;
5. Will I be contacted for marketing purposes?
A Word About Wind Ltd won’t contact you for marketing purposes, or promote new services to you unless you specifically agree to be contacted for these purposes.
6. Will A Word About Wind Ltd share my personal information with anyone else?
We will keep your information confidential except where disclosure is required or permitted by law (for example to government bodies and law enforcement agencies).
Address: A Word About Wind, Hogrefe House, Albion Place Oxford OX1 1QZ
Terms & Conditions
1. General Information
1.1. These Terms and Conditions apply to all Users. They cover all aspects of A Word About Wind including use of the websites, email newsletter, conference, event and advertising services. Before proceeding Users should read these Terms and Conditions carefully. If you find yourself unable to agree to them, then you must not use the websites, email newsletter, conference, event or advertising services. If, however, you agree to them unconditionally you may use the websites, email newsletter, conference, event or advertising services subject always to these Terms and Conditions. By accessing any of the these you indicate your acceptance of these Terms and conditions irrespective of whether or not you subscribe to or become a member of A Word About Wind.
1.2. A Word About Wind may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on the websites. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be expanded on by provisions or notices published elsewhere on the websites.
1.3. Except as stated below, any amendments to these Terms and Conditions shall be automatically effective immediately they are posted on the websites.
1.4. The Sites are owned and managed, operated and maintained by A Word About Wind. For your information we list below the address details of A Word About Wind:
Registered office: 2nd Floor, 167-169 Great Portland Street, London, W1W 5PF.
Registered company number: 8597371
Contact address: Hogrefe House, Albion Place, Oxford, OX1 1QZ
2.1. In these Terms and Conditions the following words shall have the following meanings, unless the context requires otherwise:
Distance Selling Regulations Consumer Protection (Distance Selling) Regulations 2000;
A Word About Wind A Word About Wind Limited, trading as A Word About Wind
Fee(s) The fee(s) payable by the Member for the relevant Service(s) as set out below;
Intellectual Property Rights Intellectual property rights including, for the avoidance of doubt, patents, copyright, rights in databases, trade marks and trade names whether registered or unregistered and subsisting anywhere in the World;
Member Any and all persons who register with the Site in accordance with clause 3.1 and Membership shall be construed accordingly;
Membership Level The level of Membership registered for and paid for by the relevant User according to the table referred to in in clause 5.1;
Reports The reports posted by A Word About Wind on the Site and available to view online and/or download by Users, subject to the required Membership Level;
Services The services provided by A Word About Wind via the Site from time to time and including Training whether provided via the Site or at an alternative Venue;
Site/Sites The digital content provided by A Word About Wind including content provided at websites provided by A Word About Wind from time to time, including http://www.awordaboutwind.com and also including digital content provided via email RSS feeds, widget and other data, and Site shall mean any one of such websites
Terms and Conditions These terms and conditions as varied by A Word About Wind by posting the amended terms and conditions on the Site from time to time;
Third Party Sites Third party web sites, frames and portals;
User Any and all persons who access the Sites and services provided by A Word About Wind, including but not limited to Members;
Venue The place where an Event is to be held (as applicable), whether online or offline at the Member's premises or at third party premises; and
Venue Terms The terms and conditions of use of the Venue.
2.2. In these Terms and Conditions unless the context requires otherwise:
2.2.1. any reference to a clause is to the relevant clause of these Terms and Conditions;
2.2.2. headings are included for convenience only and shall not affect the interpretation of these Terms and Conditions;
2.2.3. the singular includes the plural and vice versa;
2.2.4. any gender includes the other gender;
2.2.5. any reference to "persons" includes individuals, firms, partnerships, companies, corporations, associations, organisations, governments, states, governmental or state agencies, foundations and trusts (in each case whether or not having separate legal personality and irrespective of the jurisdiction in or under the law of which it was incorporated or exists);
2.2.6. any reference to a statute, statutory provision, subordinate legislation, code or guideline is a reference to such as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;
2.2.7. any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
2.2.8. any reference to "in writing" shall include email.
3. Membership Eligibility
3.1. Our Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms and Conditions. Without limiting the foregoing, our Services are not available to minors (under 18 years of age). If you do not qualify, you are not permitted to register with the Site nor use the Services and no contract will be formed between you and A Word About Wind. Further, Services are not available to temporarily or indefinitely suspended A Word About Wind Members.
4. Formation of Contract
4.1. In order that a legally binding contract can be formed between A Word About Wind and a Member eligible under clause 3.1, all Users are required to comply with these Terms and Conditions and all Users who register are required to accept these Terms and Conditions unconditionally by clicking the ' I have read and agreed to the Terms and Conditions ' checkbox during the registration process.
4.2. A Word About Wind in its absolute discretion reserves the right to refuse, suspend or cancel Membership of any Member at any time and without notice.
4.3. These Terms and Conditions shall override any previous or contradictory terms or conditions published by A Word About Wind or appearing on the Site.
4.4. In consideration of A Word About Wind agreeing to the User's use of the Site and its Services, the User agrees to comply with these Terms and Conditions.
4.5. Each Member warrants to A Word About Wind that it has the full right, power and authority to enter into and perform its obligations under these Terms and Conditions and has not entered into any arrangement which in any way conflicts with these Terms and Conditions or inhibits, restricts or impairs its ability to perform its obligations under these Terms and Conditions.
4.6. 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.
5.1. Subject to clause 3.1 all Users may visit the Site and access certain free Services without the obligation to register as a Member. In order to access other Services it is necessary to register as a Member. Click here to access the levels of Membership and the relevant Fees and Services available.
5.3. Membership lasts for a period of 12 months from the date of registration and payment of the relevant Fee. Membership may be cancelled at any time by the Member giving notice to A Word About Wind, subject to clause 6.
5.4. A Member may upgrade to a higher Membership Level in one of two ways: either (a) during the first month of any 12 month Membership, by paying a sum equivalent to the difference between the Fees already paid and the amount of Fees that would have been due had the Member registered at the new Membership Level at the start of the Membership period; or (b) alternatively a Member may choose to pay the full amount of Fees charged for the relevant Membership Level and a new period of 12 months will start from the date of payment of that Fee.
5.5. Each Member shall be responsible for the management of their Membership within their relevant organisation including the administration of access to the Site and Services. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of A Word About Wind’s registration procedures, you must treat such information as confidential, and you must not disclose it to any third party. A Word About Wind does not permit the sharing of logins or passwords, and similarly, no group logins and passwords are permitted. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time.
5.6. Each Member is responsible for making all arrangements necessary to access the Site subject always to the prohibition on login and password sharing in clause 5.5 and is also responsible for ensuring that all persons who access the Site through the Member's internet connection are aware of these Terms and Conditions, and ensure that they comply with them.
5.7. Further to clause 5.6, each Member is responsible for ensuring that they supply a valid email address, that the awordaboutwind.com email domain is whitelisted and that the email account does not block emails from A Word About Wind. A Word About Wind accepts no responsibility for the non-receipt of any email communication sent to any User.
5.8. Further to clause 5.6 where a Membership allows for a number of Users to have access, each Member within that Membership will be able to add and remove other Members so it is your responsibility to ensure that the Users who access the Sites via your Membership are responsible in the management and running of your Membership and that they are legitimate Users. You may not add a User who is not an employee of your organisation. A Word About Wind accepts no responsibility for the management of your Membership within your organisation.
6. Services and Fees
6.1. The Site and Services shall be made reasonably available to all Users in accordance with any Membership Level subject to these Terms and Conditions and subject to technical errors and downtime associated with the Internet and the Site. You acknowledge and accept that such downtime may prevent access to the Site and Services from time to time and that access to the Site and Services shall not, therefore, be error free or uninterrupted.
6.2. The Services are to be provided via the Site which contains a number of areas which may be varied from time to time initially including the following: Reports; Events Archive; Forums; Supplier Directory; Member Directory; Jobs Board; and Account Administration. A Word About Wind reserves the right to change the content, presentation, performance, and availability of any part of the Site at its sole discretion and without notice to you.
6.3. Details of the Services are set out on the Site and will be undertaken by A Word About Wind on acceptance by A Word About Wind of your order to purchase each Service and payment in full of the relevant Fees for such Service as set out on the Site. Each separate order for Services shall form and be treated as a separate legal contract between you and A Word About Wind for provision of the relevant Services, but subject at all times to these Terms and Conditions.
6.4. Fees are usually payable immediately online prior to the activation of membership and access to any Services, unless otherwise notified to you. In the case of any Fees to be invoiced by A Word About Wind such Fees shall be paid by the Member within thirty (30) calendar days of the date of A Word About Wind’s invoice, unless otherwise notified by A Word About Wind. Interest will be charged at the rate of two per cent (2%) above the Bank of England base rate and calculated monthly on any outstanding amount until payment is received.
6.5. In case of non-payment of any sum due from the Member (whether formally demanded or not) or of any other breach or non-observance by the Member of any of these Terms and Conditions, A Word About Wind shall have the right to suspend or terminate the Member's access to the Site and Services immediately without prejudice to the right to recover all sums payable by the Member or to any other right or remedy available to A Word About Wind.
6.6. Without prejudice to clause 6.3, A Word About Wind reserves the right to change its payment policy and the Fees charged for Services from time to time, with such changes becoming effective immediately. Unless otherwise stated, all fees are quoted in UK Pounds Sterling and exclude VAT and any and all other applicable taxes.
6.7. You agree to pay to A Word About Wind the Fees for any and all Services you purchase from A Word About Wind. You further agree that you are responsible for paying any and all applicable taxes including but not limited to VAT. All Fees and any such applicable taxes shall be payable by you in full in advance and are non-refundable, subject to clause 7.
6.8. Any Services with a validity or access period of 365 days are considered subscription services ("Subscriptions"). You acknowledge and agree that all Subscriptions purchased by credit card will be automatically renewed on an annual basis. You will be notified in advance of such automatic renewal. You can cancel such automatic renewal at any point during the period of the initial Subscription by emailing firstname.lastname@example.org. Should the credit card used no longer be valid, then an invoice for the full and same amount will be issued to you instead.
Where a Fee is payable for the renewal of the relevant Subscription, the credit card used to purchase the Subscription will be charged the full and current Fee on the day of renewal, and no discounts or special packages that applied to the Subscription when it was initially purchased will continue or be carried forward without the prior agreement of A Word About Wind. This renewal will constitute a separate order for Services and shall be treated as a separate legal contract between you and A Word About Wind for provision of the relevant Services, subject to these Terms and Conditions and is subject to clause 7.
6.9. In the event that any individual component of the Services paid for by a Member is disputed then the parties shall endeavour in good faith to reach agreement in relation to the disputed Services. In the event that such dispute cannot be resolved, the matter shall be dealt with pursuant to clause 27.
6.10. From time to time, A Word About Wind may make special offers entitling Users or Members, to obtain a discount off certain Services including events, reports and membership, subject at all times to these Terms and Conditions.
6.11. Any special offer or discount so offered by A Word About Wind:
6.11.1. will only be valid for the stated Service and cannot be transferred or applied to other Services;
6.11.2. Will only be valid for the nominated time period, or until A Word About Wind cancels or removes the offer or promotion at its discretion;
6.11.3. may only be redeemed against a new purchase, and cannot be redeemed against an existing or prior purchase for the stated Service;
6.11.4. may only be redeemed online on the Site, unless otherwise stated in the offer;
6.11.5. will only be valid for one promotional code per purchase;
6.11.6. has no cash value and cannot be redeemed for cash or for benefits in kind such as future discounts; and
6.11.7. where communicated to Users via email, is non-transferable unless otherwise stated and the email address provided in the booking must be the same as the email address to which the special offer or discount was sent in order to qualify.
6.12. If a User cancels a Service that was subject to a special offer or discount, any refund payable under clause 7 of these Terms and Conditions shall not include the amount of the discount, and the User shall not be entitled to any subsequent reinstatement of the discount.
6.13. A Word About Wind reserves the right to cancel a promotion at any time, and/or reject the redemption of a promotional code.
7. Cancellation and Fees Refunds Policy
7.1. If you are acting as a consumer as defined in the Distance Selling Regulations 2000, you have a statutory right to cancel any distance contract within 7 working days of the date of purchase as long as you have not yet accessed the relevant Services. Accordingly, you may cancel any subscription to purchase Services during the period up until the relevant Services are delivered (which shall for this purpose be defined as access by you to any of the Sites or services provided by A Word About Wind under the relevant Membership in accordance with the relevant Membership Level) or the end of 7 working days from the date of purchase, whichever is shorter ("Consumer Cancellation Period"). If you are acting as a consumer and validly cancel any contract for Services within the Consumer Cancellation Period A Word About Wind shall refund to you the Fees paid for the relevant Services. If you are acting as a consumer and cancel any contract for Services outside the Consumer Cancellation Period, the Fees paid by you for the relevant Services shall be non-refundable.
7.2. If you are not acting as a consumer as defined in the Distance Selling Regulations 2000, such regulations shall not apply and A Word About Wind’s cancellation policy is as follows: you may cancel any subscription to/purchase of Services during the period up until the relevant Services are delivered (which shall for this purpose be defined as access by you to any of the Sites or services provided by A Word About Wind under the relevant Membership in accordance with the relevant Membership Level) or the end of 3 working days from the date of purchase, whichever is shorter ("Business Cancellation Period"). If you are not acting as a consumer and validly cancel any contract for Services within the Business Cancellation Period A Word About Wind shall refund to you the Fees paid for the relevant Services. If you are not acting as a consumer and you cancel any contract for Services outside the Business Cancellation Period, the Fees paid by you for the relevant Services shall be non-refundable.
7.3. Further to clause 7.1 and clause 7.2 as the case may be, no part, right, access quota or other element of any Membership may be carried forward, and no credit will be given for the unused portion of any Membership e.g. no credit will be given if fewer Users are on a multi-user Membership than the total amount allowed according to that Membership Level. All your Membership benefits will expire and your access to such benefits will cease when the period of your Membership runs out. You will only re-gain access to A Word About Wind when your Membership is renewed, and only to the Services or benefits you are entitled to according to the relevant Membership Level.
Part II The Site and the Services
8. Overview of awordaboutwind.com
8.1. Overview. The Site acts as a hub for senior energy and finance executives to interact, obtain information, in the form of electronic newsletters and reports and to advertise their services.
Although Users may choose to conduct business related communications and transactions through the site, A Word About Wind is not involved in any such communications or transactions and as a result, A Word About Wind has no control over the quality, safety, truth, accuracy or legality of any products, items, vacancies, statements or services posted or offered, nor does A Word About Wind have any ability whatsoever to represent, warrant or guarantee the integrity of the providers or purchasers of such products, items, vacancies, statements or services.
8.2. Member identities. Because identification and authentication on the Internet is difficult, A Word About Wind cannot and does not confirm each User's identity, whether or not they are a Member. A Word About Wind allows Members to give access to information about themselves to other Members. If you are in any doubt as to an individual's identity you are encouraged to take steps to further establish their credentials, for example by communicating directly with them.
8.3. Release. In the event that you have a dispute or issue with one or more of the other Users, you shall release A Word About Wind (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.
8.4. Information Control. A Word About Wind is designed to provide Services to help Users obtain renewable energy and finance and investor information including accessing reports and attending conferences and events, and to discuss key wind energy industry issues. This information is sometimes provided by our Members. Whilst the quality of material submitted to our Site is generally high, A Word About Wind does not control the information provided by Members, and you may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our Site and please notify us if you find any information to be offensive, harmful, inaccurate or deceptive. Please note that there are also risks in dealing with foreign nationals, underage persons or people acting under false pretences.
8.5. The opinions expressed on the Site are those of the contributing individuals. If you act on anything that is said or done you must do so on the basis of a considered decision of your own, having weighed up the pros, cons and risks thereby fully accepting the responsibility for the success or failure of your actions. Under no circumstances shall A Word About Wind be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Site irrespective as to whom the contributor is. You agree to indemnify A Word About Wind on demand against any actions, claims, proceedings, or liabilities arising from your use of the content of the Site.
9. Reports Service
9.1. The Site contains Reports and other content that Users may access. Some content may only be accessed by Members in accordance with the relevant Membership Level and other content is free of charge.
9.2. Subject to clause 9.9 A Word About Wind 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 A Word About Wind may choose to revoke such licence, to download, store, use, reproduce, transmit, display, copy, and provide access to the Reports in accordance with the terms of the Membership (if 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.
9.3. The User shall not alter or remove any content of any Reports including hyperlinks, copyright notices or other notices indicating rights in the Reports.
9.4. For the avoidance of doubt, the licence granted in clause 9.2 above shall not permit the User to do any of the following without the prior written consent of A Word About Wind:
9.4.1. transfer the licence granted in clause 9.2;
9.4.2. download, store, reproduce, transmit, display (including without limitation display on any intranet or extranet site), copy, sell, publish, distribute, provide access to or otherwise use the Reports for any purposes other than as set out in clause 9.2;
9.4.3. sub-license, rent, lease, transfer or assign any Intellectual Property Rights in the Reports, to any other person, or attempt to do any of the foregoing;
9.4.4. disclose the Reports whether in part or in their entirety to any third party, including any associated or affiliated company;
9.4.5. in any way commercially exploit any of the Reports' content; or
9.4.6. use the Reports for any unlawful purpose.
9.5. Any breach by the User of any of the terms of the licence will entitle A Word About Wind to terminate the licence granted in clause 9.2 and, if applicable, your Membership.
9.6. Without prejudice to clause 9.2 A Word About Wind reserves the right to amend, edit or abbreviate or take down once published any Report at our discretion.
9.7. Without prejudice to the generality of clause 6.1, you acknowledge and accept that there may be technical downtime or errors relating to the Site and Reports Service. Such downtime or errors may prevent Reports being viewed by Users of the Site. A Word About Wind shall not be liable if the publication of a Report is delayed, prevented from access or displayed incorrectly by any cause beyond our control including server downtime or errors.
9.8. You agree to pay the relevant Fees for Membership, if any, set out on the Site in order to access certain Reports in accordance with this clause 9.9 and these Terms and Conditions. Fees set out on the Site may change from time to time and any change will be posted on the Site and will take effect for all Memberships and Reports accessed after the change. Where applicable, payment must be prepaid in accordance with the payment methods set out on the Site before access to certain Reports is permitted, and no licence under clause 9.2 shall be granted until we receive payment in full for the relevant Report. Fees paid to us for Reports shall be non-refundable.
10. Email Newsletter
11. Your Information
11.1. "Your Information" is defined as any information you provide to A Word About Wind or other Users during registration, in any public message area, at Events, through feedback or any e-mail or form features.
11.2. Your Information and conduct (or any items listed therein) shall not:
11.2.1. be false, inaccurate or misleading;
11.2.2. be fraudulent or involve the sale of counterfeit or stolen items;
11.2.3. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
11.2.4. violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
11.2.5. be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
11.2.6. be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally restricted material;
11.2.7. contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
11.2.8. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
11.2.9. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything; or
11.2.10. post or transmit chain letters, pyramid schemes, advertising, promotional materials, or other solicitation except as where explicitly requested by another User.
11.4. You are responsible for all statements made and acts that occur through the use of your Membership and password. If your password has been disclosed to a third party or stolen, you must let us know.
11.5. While A Word About Wind cannot review all transmissions by Users in the Forums, we reserve the right to, and may from time to time, monitor any information transmitted or received through our service. A Word About Wind, at our sole discretion and without further notice to you, may review, remove, or otherwise block any information (including posts to message boards, forums and blogs) that we deem inappropriate or that violates any of these Terms and Conditions.
12.1. ‘Events’ includes all conferences, receptions, networking events and briefings and this clause applies to all booking, tickets and attendance at Events by Members.
12.2. Tickets for attendance at Events can be booked online or by contacting A Word About Wind directly. Arrangements for events are subject to A Word About Wind’s confirmation of the booking.
12.3. The Member acknowledges that any speakers at the Events (“Speakers”) are not necessarily employees of A Word About Wind and that A Word About Wind may, at its sole discretion, procure the services of third parties to provide any part of, or all of the Event.
12.4. The Speakers do not represent A Word About Wind and the views and opinions of the Speakers are not necessarily the views and opinions of A Word About Wind and A Word About Wind disclaims all and accepts no liability for any acts or omissions of the Speakers, or the statements they make or information that they provide.
12.5. A Word About Wind will use reasonable endeavours to ensure that any individually named person(s) shall provide the agreed services at the Event, but where this is not possible, A Word About Wind reserves the right to procure the services of suitable alternative person(s). Any such change(s) shall not constitute a breach of contract and shall not give the Member the right to terminate.
12.6. A Word About Wind will use reasonable endeavours to ensure that the Event shall take place on the relevant date(s) and time(s) and at the Venue as agreed, but where this is not possible, A Word About Wind reserves the right to alter the date(s), and/or time(s), provided that A Word About Wind shall give the Member notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the Member the right to terminate.
12.7. The Member may be provided certain written materials at the Event (“Event Materials”) and the Member is not permitted to do any of the following without the prior written consent of A Word About Wind:
12.7.1. reproduce, transmit, display (including without limitation display on any intranet or extranet site), copy, sell, publish, distribute, provide access to or otherwise use the Event materials or proceedings without prior approval
12.7.2. sub-license, rent, lease, transfer or assign any IPRs in the Event materials, to any other person, or attempt to do any of the foregoing;
12.7.3. disclose the Event materials whether in part or in their entirety to any third party, including any associated or affiliated company;
12.7.4. in any way commercially exploit any of the Event materials content; or
12.7.5. use the Event materials for any unlawful purpose.
12.8. The Member grants A Word About Wind a non-exclusive perpetual irrevocable worldwide licence to use the Member's name and trade marks in connection with the promotion and delivery of the Event.
12.9. The Member hereby expressly and irrevocably permits A Word About Wind to use any recorded footage or photography of the Member which is taken at an A Word About Wind event provided that such use is in connection with the promotion and delivery of A Word About Wind services.
12.10. You acknowledge and accept that there may be technical downtime or errors relating to the provision of Events or elements of Events online and Event Materials provided online. Such downtime or errors may prevent the Event and Online Event Materials being accessible and A Word About Wind shall not be liable if access is delayed, prevented from access or displayed incorrectly by any cause beyond our control including server downtime or errors.
12.11. Although A Word About Wind believes the content of the Event materials to be accurate, complete and current, to the fullest extent permitted by law, A Word About Wind provides all Event materials on an “as is” basis and disclaims all warranties regarding the Event materials. Further no advice or information given by A Word About Wind or its employees, agents, contractors or suppliers shall create any warranty. It is the Member’s responsibility to verify any information before relying on it. Further, the Event materials may include technical inaccuracies or typographical errors. A Word About Wind may make changes to the Event materials at any time. A Word About Wind does not guarantee that any Event Materials will be made available in electronic or physical versions.
12.12. In any event, our liability in relation to the provision of the Event shall be limited to a sum equal to the amount paid to us for the Event in question or £100, whichever is the greater, and A Word About Wind shall not be liable for any loss of or damage to any images or text provided to us by you when submitting any booking for an event, whether online or otherwise.
12.13. You agree to pay the relevant Fees for the Event, if any, set out on the Site or otherwise notified in order to access certain Events including online Events. Fees set out on the Site may change from time to time and any change will be posted on the Site and will take effect for all online Events accessed after the change. Where applicable, payment must be prepaid in accordance with the payment methods set out on the Site before access to certain online Event is permitted. Fees paid to us for online Events shall be non-refundable.
12.14. The Member and all parties employed or otherwise engaged by it shall comply with all Venue Terms relating to the Event and the Member's attendance at the Event, as may be notified to the Member or the Member’s employees from time to time.
12.15. The Member and all parties shall comply with the reasonable directions of the Venue and A Word About Wind whilst attending the Event and/or on Venue premises.
13. Access and Interference
13.1. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of A Word About Wind.
13.2. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site nor attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
13.3. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
13.4. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to A Word About Wind by our Users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior written consent of A Word About Wind or the appropriate third party, with the exception of downloading or printing a single copy for yourself for offline viewing.
13.5. By breaching this clause 13, you may commit a criminal offence under the Computer Misuse Act 1990. 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 the Sites will cease immediately.
13.6. 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 the Sites or to your downloading of any material posted on it, or on any website linked to it.
14.1. Without limiting any other remedies available to it, A Word About Wind may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Membership and refuse to provide the Services to you if:
14.1.2. A Word About Wind are unable to verify or authenticate any information you provide to us; or
14.1.3. A Word About Wind believe that your actions may cause legal liability for you, our Members or A Word About Wind.
15. No Warranty
15.1. The Site including, without limitation, its contents, functionality, performance and features are provided on an "as available basis" at the User's sole risk and without representations or warranties without any express or implied warranties of. of any kind and to the full extent permitted by law. A Word About Wind and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to (i) title; (ii) that the use of the materials will not infringe any IPRs of any other person; (iii) satisfactory quality or fitness for any particular purpose; or (iv) that the content of the Site Materials are accurate, complete or error free
15.2. Although A Word About Wind believes the content of the Written Materials to be accurate, complete and current, to the fullest extent permitted by law, A Word About Wind provides all Written Materials. Further no advice or information given by A Word About Wind or its employees, agents, contractors or suppliers shall create any warranty. It is the Member's responsibility to verify any information before relying on it. Further, the Written Materials may include technical inaccuracies or typographical errors. A Word About Wind may make changes to the Written Materials at any time.
16. Liability Limit
16.1. Nothing in these Terms and Conditions is intended to limit or exclude any liability on the part of A Word About Wind for fraud or for negligence causing death or personal injury or where and to the extent that applicable law prohibits such exclusion or limitation.
16.2. Subject to the above statement and any clauses relating to limitation of liability elsewhere in these terms and conditions, in no event shall A Word About Wind or its suppliers be liable in contract, tort (including negligence), statutory duty, pre-contract or other representations (other than fraudulent misrepresentations) or otherwise arising out of or in connection with these Terms and Conditions for: (a) direct, consequential, indirect or special loss or damage; or (b) any loss of goodwill or reputation; or (c) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), and in each case whether advised of the possibility of such loss or damage and however incurred including as a result of negligence arising out of or in connection with the Site or Services.
16.3. Accordingly, subject to clause 15.1, you agree not to bring a claim of any nature against A Word About Wind in relation the use of or access to the Site and use or access to the Services, except where such a claim cannot be excluded by law. You acknowledge and agree that A Word About Wind will have the right (subject to the discretion of the Court) to a stay of proceeding if you bring any claim against A Word About Wind in breach of the foregoing.
16.4. A Word About Wind shall not be liable or responsible in any way for any damage caused by any misuse of the Site by you or any third party, or caused by any Service.
16.5. A Word About Wind shall be free to modify, temporarily suspend or cancel the Services and to reasonably amend these Terms and Conditions at any time in writing which amendments will be deemed to be agreed by you upon using the Site and Services.
16.6. You acknowledge that information, software and other material accessible over the Internet via the Site may contain viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components. A Word About Wind shall not be liable for any direct, indirect, incidental or other loss or damages which result or may result from your access to or use of the Internet, Site or Services. Further whilst A Word About Wind uses reasonable efforts to ensure the security of the Site and Users' and Members' data, A Word About Wind shall not be liable for any direct, indirect, incidental or other loss or damages which result or may result from unauthorised third party access to the Site whether by hacking or otherwise.
16.7. A Word About Wind shall not be liable for orders for purchase of or Subscriptions to Services which are made via the Site but are not received by A Word About Wind for any reason, including but not limited to errors, disruption or downtime of Site which may, owing to corruption of data, lead to such orders/subscriptions being lost or which may lead to orders of/subscriptions to Services being submitted incomplete or with errors in which case such orders of/subscriptions to Services may need to be re-submitted.
17.1. You agree to indemnify (and to keep indemnified) on demand, defend and hold harmless A Word About Wind and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents incorporated by reference, or your violation of any law or the rights of a third party.
18. No Agency
18.1. You agree that you and A Word About Wind are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms and Conditions or by your purchase of any Services.
19.1. All notices required to be served on A Word About Wind shall be sent to the contact address stated in clause 1 or to the e-mail address of A Word About Wind as set out in clause 1 or as otherwise notified on the Site from time to time for such purpose.
19.2. All notices required to be served by A Word About Wind shall be posted on the Site to the extent that they relate to a non-Member User, or sent to the relevant contact email address supplied to A Word About Wind by the relevant Member or as notified by the relevant Member from time to time for such purpose.
20.1. Any dispute or claim arising out of or relating to these Terms and Conditions or A Word About Wind’s Services shall be settled by an arbitration tribunal designated by A Word About Wind. The arbitration shall be conducted in the U.K., and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or awordaboutwind.com may seek any interim or preliminary relief from a court of competent jurisdiction in the U.K. necessary to protect the rights or property of you or us pending the completion of arbitration.
21. Intellectual Property
21.1. You acknowledge that the ownership of any Intellectual Property Rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trade marks and trade names whether registered or unregistered and subsisting anywhere in the World) in the Site belongs to A Word About Wind or its third party licensors. Accordingly, any part of this Site (including for the avoidance of doubt, its source HTML or any other code, RSS feeds, content within emails, downloadable files) may not be used, transferred, copied or reproduced in whole or in part in any manner including, for the avoidance of doubt, on any intranet or extranet or any other site or storage facility whether for storage or for others to view without the prior written consent of A Word About Wind, other than for the purposes of utilising this Site and the Services, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the Services.
21.2. A Word About Wind reserves the right in accordance with the licences granted to license and republish the material contributed by you.
21.3. No person other than the rightful owner or licensee of any Intellectual Property Rights may:
21.3.1. distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without A Word About Wind’s or the relevant licensee's prior written permission;
21.3.2. provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the A Word About Wind Services without A Word About Wind’s or the relevant licensee's prior written permission;
21.3.3. display, publish, copy, print, post or otherwise use the A Word About Wind Site and Services and the information contained therein for the benefit of any other website without A Word About Wind’s or the relevant licensee's prior written permission;
21.3.4. process or otherwise use the information contained on or within the A Word About Wind Services for any illegal or immoral purpose nor use or process the same unfairly.
21.4. You agree and accept that A Word About Wind may publish or otherwise distribute Your Information and you therefore grant to A Word About Wind an irrevocable, perpetual, non-exclusive right and licence without any restriction as to field or purposes of use, to publish Your Information and all content contained therein on or within the Site, on any other media whatsoever and in its own advertising and promotion.
21.5. You therefore hereby undertake to A Word About Wind to indemnify and hold harmless A Word About Wind in full and defend at its own expense A Word About Wind against all claims, liabilities, costs and losses whatsoever and howsoever incurred by A Word About Wind its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any Intellectual Property Rights of any third party caused by your use of the Site and Your Information.
21.6. A Word About Wind, awordaboutwind.com, the awordaboutwind.com logo and the A Word About Wind logo are trade names or trademarks of A Word About Wind, the use of which is forbidden by any other persons without the express permission of A Word About Wind.
21.7. A Word About Wind makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the A Word About Wind Services please contact A Word About Wind at the contact address in clause 1.
22. Third Party Advertising and Links to Third Party Sites
22.1. There may be third party advertising posted on the Sites from time to time which may contain links to Third Party Sites. You acknowledge and accept that A Word About Wind does not exercise any review or editorial control over the content of such third party advertising whatsoever. Accordingly, A Word About Wind’s liability and responsibility for the content of such third party advertising on the Site and any damage it may cause is hereby disclaimed and excluded to the maximum extent permitted by law.
22.2. Where A Word About Wind provides hyperlinks to a Third Party Site, A Word About Wind shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of such site and A Word About Wind does not endorse or approve the content of such Third Party Sites. If you decide to use any link to a Third Party Site you leave the Site and you do so at your own risk.
22.3. Links to Third Party Sites in the third party advertising or otherwise on the Site do not imply that:
22.3.1. A Word About Wind is affiliated or associated with the owners of such Third Party Sites;
22.3.2. A Word About Wind is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the Third Party Sites; or
22.3.3. any linked Third Party Site is authorised to use any trade mark, trade name, logo or copyright of A Word About Wind.
22.4. From time to time, third parties may sponsor or otherwise advertise at Events that are delivered by A Word About Wind. A Word About Wind shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of such advertisements and such sponsorship or advertisement does not mean A Word About Wind endorses or approves the content or services of such sponsors or advertisers.
23. Intellectual Property Infringement
23.1. Contributors might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, ranging from newspapers to scientific journals to bulletin boards, it is impossible for A Word About Wind to know if a posting or other content contribution infringes a third party's Intellectual Property Rights and to what degree.
23.2. If you believe that your Intellectual Property Rights have been infringed, it is your obligation to notify A Word About Wind immediately. A Word About Wind accepts no liability for the infringement of any Intellectual Property Right or any infringement of a third party's Intellectual Property Rights by any of its Members though A Word About Wind will endeavour to protect any rights owner through reasonably appropriate action should any infringement come to light.
24.1. Assignment Users and Members shall not be entitled to assign, transfer, charge or licence the whole or any part of its rights and/or obligations under these Terms and Conditions without the prior written consent of A Word About Wind.
24.2. Sub-contracting A Word About Wind may engage any person, firm or company as its sub-contractor to perform any of its obligations.
24.3. Relationship Nothing in these Terms and Conditions shall be deemed to create a partnership or joint venture or contract of employment of any kind between the parties nor shall it be deemed to grant any authority not expressly set out in the Agreement or create any agency between the parties.
24.4. Entire agreement Other than in any relevant provisions, notices or other conditions published elsewhere on the Sites, each party confirms that these Terms and Conditions set out the entire agreement and understanding between the parties and that it supersedes all previous agreements, arrangements and understandings between them relating to the subject matter of the A Word About Wind Site and Services. The User or Member as the case may be confirms that it has not relied upon any statement, representation or understanding that is not an express term and shall not have any remedy in respect of any statement, representation or understanding which is not an express term unless made fraudulently.
24.5. Waiver No failure or delay exercise by any party in exercising any right, power or remedy under these Terms and Conditions will operate as a waiver of that or any other right, power or remedy nor will any single or partial exercise by either party of any right, power or remedy preclude any further exercise of any other right, power or remedy.
24.6. Severance To the extent that any provision of these Terms and Conditions is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these Terms and Conditions, it shall not affect the validity, lawfulness or enforceability of the remainder of these Terms and Conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
24.7. Force Majeure A party will not be liable for any failure/delay in performing its obligations under these Terms and Conditions to the extent that this failure is the result of any cause or circumstance beyond the reasonable control of that party including acts of god, war, civil commotion or industrial dispute and that failure could not have been prevented or overcome by that party acting reasonably and prudently. If consequently either party is prevented from performing its obligations for a period exceeding three (3) months then the other party may terminate these Terms and Conditions immediately on written notice.
24.8. Rights of Third Parties Nothing in these Terms and Conditions shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to these Terms and Conditions.
24.9. Further Assurance Each party shall at the cost and expense of the other party use all reasonable endeavours to do all such further acts and things and execute or procure the execution of all such other documents as that party may from time to time reasonably require for the purpose of giving that party the full benefit of the assets, rights and benefits to be transferred to the other party under these Terms and Conditions.
24.10. Miscellaneous The rights and remedies of the parties under this Agreement are cumulative and in addition to any rights and remedies provided by law. Any variation to this Agreement must be in writing and agreed by the parties. This Agreement may be executed in counterpart.
24.11. Governing Law These Terms and Conditions shall be governed in all respects by English law as if the contract was wholly entered into and wholly performed within England. The parties hereby submit to the exclusive jurisdiction of the English courts.