1. These terms
1.1 What these terms cover. These are the terms and conditions on which the East Midlands International Trade Association (we, our, us) provide our events (Events) and membership package (Membership).
1.2 Why you should read them. Please read these terms carefully before you book an Event or request Membership. These terms will apply to any contract between us for the provision of Events and Membership to you (Contract). These terms tell you who we are, how we will provide Events and Membership to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are East Midlands International Trade Association a company registered in England and Wales. Our company registration number is 05568876 and our registered office is at Commerce House, Carlton Boulevard, Lincoln. LN2 4WJ. Our main trading address is, Commerce House, Carlton Boulevard, Lincoln. LN2 4WJ. Our registered VAT number is 870 2878 02.
2.2 How to contact us. You can contact us by telephoning us at 01522 704620 or by writing to us at firstname.lastname@example.org or Commerce House, Carlton Boulevard, Lincoln. LN2 4WJ
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the phone number, email address or postal address you provided to us in your booking or request for Membership.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes e-mails.
3. Use of our site
Your use of www.emita.org.uk (our site) is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
which apply to you.
5. Our contract with you
5.1 You confirm that you have authority to bind any business on whose behalf you book an Event or request Membership.
5.2 These terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3 You acknowledge that in entering into a Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
5.5 If you wish to book an Event or purchase Membership you can do this through our site or by phone. We will confirm our acceptance of your Event booking and/or Membership request to you by writing to you. The Contract between us will only be formed when we confirm your Event booking or Membership (as applicable) to you in writing.
6.1 Event details. Event details will be as set out in our brochure and on our site. Event details may vary slightly from their descriptions. The descriptions and images of the Events on our site are for illustrative purposes only. Although we have made every effort to ensure the descriptions on our site and in our brochures accurately reflect the Events these do not form part of the Contract and your Event may vary slightly from those images and descriptions.
6.2 Event times and dates. Subject to the other provisions of these terms, we will provide the Event to you on the date and at the time we confirm to you in writing.
6.3 Event attendance. You must adhere to our Event rules and guidance as notified to you from time to time. Our Events are provided for information purposes only. Delegates attending our Events for the purpose of selling their products and services are actively discouraged as this will have a detrimental effect on the other attendees. We reserve the right to refuse attendance at our Events to you and your delegates if you fail to comply with our rules and guidance.
6.4 Event price. The price of the Event will be as set out on our site or in our brochure.
6.5 How to pay. Payment for the Event is due in advance. You can pay for an Event:
6.5.1 using a debit card or credit card. We use Optimal Payments and PayPal to process your payment. PayPal accepts all major debit and credit cards. Payment for the Event will be taken at the time you submit your details through Optimal Payments or PayPal and commit to payment.
6.5.2 by cheque. We will send you an invoice for the cost of the Event, which will set out payment information.
6.6 Event booking cancellation by you. You may cancel your booking for an Event at any time. If you have paid a fee for the Event:
6.6.1 if you give us more than 30 days’ notice prior to the Event, we will refund 100% of the fee you have paid for the Event.
6.6.2 if you give us between eight and 30 days’ notice prior to the Event, we will refund 50% of the fee you have paid for the Event.
6.6.3 if you give us less than eight days’ notice prior to the Event, we will not refund any of the fee you have paid for the Event.
6.7 Replacement delegates. If you want to replace a delegate with another delegate in relation to an Event, there will be no additional charge. Please give us as much notice as possible before the Event of any change in delegate required so that we can accommodate the change of delegate.
6.8 Event booking cancellation by us. Without limiting our rights under these terms, we may cancel your booking for an Event if you are in breach of the Contract, and in particular if you do not pay the price due for the Event in accordance with clause 6.3.
6.9 Event modification and cancellation by us. Without limiting our rights under these terms, we reserve the right to modify or cancel an Event at any time by giving notice to you if unforeseen circumstances arise or if there is an Event Outside Our Control. In the unfortunate situation that we have to cancel an Event we will immediately notify you and/or registered delegates. If you have paid a fee for the Event that we cancel under this clause we will provide a full refund of the price paid.
7.1 Membership commencement and duration. Membership is an annual subscription. Membership begins:
7.1.1 for existing members, on 1 April each year;
7.1.2 for new members, on the date they join; and
for both existing and new members will end on 31 March of the following year. For the avoidance of doubt, new members who join from May to December (inclusive) in any year will be offered a pro-rata Membership, and new members who join in January, February or March in any year will be offered Membership on a 15, 14 or 13 month basis (respectively).
7.2 Application and eligibility for Membership. We are an information and networking organisation. We welcome requests for Membership by businesses that are trading or wish to trade internationally – both export and import. You can apply for Membership through our site or by contacting us by phone. All requests for Membership are subject to approval by our Board of Directors.
7.3 Benefits of Membership. Membership brings you a variety of benefits which will be as set out on our site, in our brochures, and as notified to you in writing from time to time. We reserve the right to change the benefits on offer at any time and these do not form part of the Contract.
7.4 Membership price and payment. The price of Membership is as follows:
£250 + VAT due annually
7.5 Price changes. We reserve the right to review the price of Membership, as set out in clause 7.4, from time to time and may amend the price at our sole discretion. If we change the price of Membership this will not affect any subscription you have already paid for.
7.6 Payment of the Membership price. Payment for the price of Membership is due on joining, for new members, or each year for existing members. You can pay:
7.6.1 using a debit card or credit card. We use Optimal Payments and PayPal to process your payment. PayPal accepts all major debit and credit cards. Payment for the price of Membership will be taken at the time you submit your details through Optimal Payments or PayPal and commit to payment.
7.6.2 by cheque. We will send you an invoice for the price of Membership, which will set out payment information.
7.7 Cancellation of Membership by you. Without limiting your rights under these terms, you may cancel your Membership if we commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within seven days after you notify us in writing to do so.
7.8 Cancellation of Membership by us. Without limiting our rights under these terms, we may cancel your Membership with immediate effect by giving written notice to you, if you:
7.8.1 fail to pay any amount due under the Contract on the due date for payment and you fail to pay all outstanding amounts within seven days after we notify you in writing to do so.
7.8.2 commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within seven days after we notify you in writing to do so.
8. Our liability
8.1 We only supply the Events and Membership for internal use by your business.
8.2 Nothing in the Contract limits or excludes our liability for:
8.2.1 death or personal injury caused by our negligence;
8.2.2 fraud or fraudulent misrepresentation; or
8.3 Subject to clause 8.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
8.3.1 any loss of profits, sales, business, or revenue;
8.3.2 loss or corruption of data, information or software;
8.3.3 loss of business opportunity;
8.3.4 loss of anticipated savings;
8.3.5 loss of goodwill; or
8.3.6 any indirect or consequential loss.
8.4 Subject to clause 8.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Event or Membership (as applicable).
9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 9.2.
9.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation: strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, compliance with any law or governmental order, rule, regulation or direction, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
9.3.1 we will contact you as soon as reasonably possible to notify you; and
9.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
9.4 We shall not be liable to you as a result of any delay or failure to perform its obligations under the Contract as a result of an Event Outside Our Control.
9.5 If the Event Outside Our Control prevents us from providing any of the services for more than four weeks, we shall, without limiting our other rights or remedies, have the right to terminate the Contract immediately by giving written notice to you.
10. Our rights to make changes
10.1 We may revise these terms as they apply to your Event booking or Membership from time to time to reflect changes in relevant laws and regulatory requirements.
10.2 Except as set out in these terms, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by us.
11. Other important terms
11.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under the Contract to another organisation. We will contact you to let you know if we plan to do this.
11.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.
11.3 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between us and you, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
11.4 Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.6 Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the Contract, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Event or Membership, we can still require you to make the payment at a later date.
11.7 Which laws apply to the Contract. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
11.8 Where you may bring legal proceedings. You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).