1. Introduction
1.1 What these terms cover. These are the terms and conditions on which we supply products and services to you, whether in relation to attendance at one of our events or digital content for streaming and/or download via our website.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will fulfil your order, how you and we may change or cancel your order, what to do if there is a problem with your order and other important information. If you have any queries about these terms, please contact us to discuss this.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business customer or consumer. You are a consumer if:
(a) you are an individual; and
(b) you are attending an event and/or purchasing digital content from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are the Association for Financial Markets in Europe of Level 10, 20 Churchill Place, Canary Wharf, London, E14 5HJ, United Kingdom ("AFME"). AFME is registered in England and Wales under company number 06996678. Our VAT number is GB985533871. References to "we", "our" and "us" are references to AFME.
2.2 How to contact us / complaints. You can contact us by writing to us at the address set out in clause 2.1 or by emailing us at [email protected] or by telephoning our customer service team on +44 (0)20 3828 2720. If you have any questions or complaints about any of our events or digital content, please contact us using these contact details. We will endeavour to respond to any written correspondence without undue delay.
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 email address or postal address you provided to us in your order.
2.4 When used in these terms, the words "writing" or "written" include the use of email.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. We will usually send you your confirmation email within 48 hours of booking to the email address provided when you placed your order. If you have not received your confirmation email within 48 hours of booking, please check your spam or junk email folder or filter and then contact us. It is your responsibility to ensure that your email is set up to allow you to receive our confirmation email. If you are attending an event, please note that our events are ticketless and your confirmation email will act as proof of purchase. If you are purchasing digital content, we will notify you when we accept your order as to when and for how long the digital content is available to you for streaming and/or download and how to access such digital content. Upon receipt of your order confirmation, please check the details carefully and contact us if you have any queries.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for your order. This might be because the event you are attempting to book is already fully subscribed, or because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the event and/or digital content.
3.3 Requesting changes. All bookings for attendance at our events or purchases of digital content for streaming and/or download are non-transferable and may not be sold or transferred by you without our consent. Please contact us if you would like to discuss any changes to your purchase and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of your order or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Please see clause 6 below in relation to your rights to cancel your order.
4. Attendance at events
4.1 Entry to events. Please ensure that you arrive on time for your event. You acknowledge that we may be required to carry out security searches of attendees and your admittance to the event will be conditional on your co-operation with security staff.
4.2 Conduct at events. We reserve the right to refuse admission to any event or to ask any attendee to leave an event if we think they are behaving in a disruptive manner, in a way that violates the venue’s rules, or in a way that is likely to cause damage, nuisance, offence or injury. Such conduct includes the use of any recording or photographic equipment without authorisation. You also agree not to bring any illegal or hazardous items with you to any event and agree to comply with any reasonable request made by the staff at the venue or supervising the event (for example, requests relating to health and safety). In the event that you or any accompanying attendee is refused admission or removed from an event in the circumstances envisaged by this clause 4.2, we will not be required to issue any refund to you or the attendee.
4.3 Recordings of events. We may sometimes film, photograph or otherwise record our events, in accordance with our Press Policy. By attending an event, you confirm your consent and that of your guests (if any) to being filmed or recorded while at the event. You acknowledge that we may make the recordings available to the public via our website or by other means.
5. Our rights to make changes
5.1 Whilst our event programmes are correct at the time of publication, you acknowledge that it may be necessary for us to change the format, speakers, participants, content, venue and/or timing of any event in certain circumstances (for example where a speaker, a participant or the venue becomes unavailable for reasons outside our control). We will endeavour to notify you of any changes in advance of the event but you acknowledge that this may not be possible if changes are required to be made at short notice immediately prior to the event. We will take steps to minimise the effect of any change.
5.2 We may also make changes to any event or digital content to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements (for example, to address a security threat).
5.3 In circumstances where we deem a change to be significant (in our reasonable opinion), we may give you the option to either: (i) cancel your order before the event or before you have started to download/stream the digital content (as applicable) in return for a full refund; or (ii) attend an alternative event or download/stream alternative digital content (as applicable). We will not be obliged to compensate you for any other expenses that you may have occurred in connection with the event or digital content.
5.4 We reserve the right to cancel an event or remove access to digital content for any reason outside our control. In such circumstances, you will be entitled to either: (i) cancel your order and receive a full refund; or (ii) attend an alternative event or download/stream alternative digital content (as applicable). We will not be obliged to compensate you for any other expenses that you may have occurred in connection with the event or digital content.
6. Your rights to cancel your order
6.1 You may cancel your order for a full refund in the following circumstances:
(a) if you are a consumer, you have a legal right to change your mind and cancel your order within 14 days of the date we email you to confirm we accept your order or, if earlier, before the event or before you start downloading/streaming the digital content. For the avoidance of doubt, you may not cancel your order under this clause 6.1(a) after the event or after you have started to download/stream the digital content; or
(b) in the circumstances described in clause 5.3.
6.2 Without prejudice to clause 6.1, you may cancel your order no later than six weeks before the event, subject to your notice in writing to us. After this cut-off date, a cancellation cannot be accepted, however substitutions are welcomed. You must be able to provide the original registrant's name, substitute's name, postal address, job title, phone number and email address in order for us to process a substitution. For the avoidance of doubt, you may not cancel your order under this clause 6.2 after you have started to download/stream the digital content.
6.3 The easiest way to cancel your order is to click here and complete the online cancellation form or telephone our customer service team on +44 (0)20 3828 2720. Alternatively, you may complete and return to us the model cancellation form set out at the end of these terms. We will confirm receipt of your cancellation notice by contacting you in writing.
6.4 If you are entitled to a refund under these terms, we will refund you the price you paid for attendance at the event and/or digital content, subject to the deduction of the £100 processing fee where applicable in accordance with clause 6.2. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind.
7. Price and payment
7.1 Prices for our events and/or digital content. The price of your order (which does not include VAT, unless otherwise stated) will be the price indicated on the order pages when you placed your order via our website. We use our best efforts to ensure that the price advised to you is correct. However, please see clause 7.2 for what happens if we discover an error in the price of your order.
7.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the prices advised to apply to an order for attendance at an event or the download/streaming of digital content may be incorrect. We will normally check prices before accepting your order so that, where the order's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the order's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
7.3 When you must pay and how you must pay. We accept payment with Visa, AMEX, Debit Mastercard, Visa Debit/Delta, Mastercard, Visa Electron, and payment will be taken upon acceptance of your order by us in accordance with clause 2.1.
8. Our liability to you if you are a consumer
8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to your order (including the right to receive services or digital content which are as described and match information we provided to you and which are supplied with reasonable skill and care).
8.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow any download/streaming instructions or to have in place the minimum system requirements advised by us.
8.4 We are not liable for business losses. If you are a consumer, your attendance at any event or use of any digital content will be in your private capacity. If your attendance at any event or use of any digital content is in any commercial or business capacity, our liability to you will be limited as set out in clause 9.
9. Our liability to you if you are a business customer
9.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
9.2 Subject to clause 9.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for attendance at the event(s) and/or digital content under such contract.
10. How we may use your personal information
10.1 We will use the personal information that you provide to us in accordance with our Privacy Policy, including:
(a) to process your order and provide your confirmation email and/or digital content to you;
(b) to process your payment for your order (and, to enable us to do so, you consent to us providing your personal information to our third party payment card processor(s) for the purposes of the same); and
(c) if you agreed to this during the order process, to give you information about similar events and/or digital content that we provide, but you may stop receiving this at any time by contacting us.
11. Other important terms
11.1 Content and materials. Our events and digital content are purely educational and are not intended as a forum for the promotion of any particular products or investments. AFME nor any of its officers, directors, employees or representatives in any way recommend or endorse any products, investments or business opportunities which may be discussed at an event or in any digital content. Any content is made available to you for your general information only and any advice, opinion, statement or other information forming part of the content is not intended for trading or to address your particular requirements. The content does not constitute any form of advice, recommendation or arrangement by us and is not intended to be relied upon in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Your use of any materials we provide to you in connection with any event or otherwise will be subject to our Terms of Use.
11.2 Ability to transfer rights and obligations. We may transfer our rights and obligations under these terms to another organisation. If you are a consumer, we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11.3 No third party rights. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.4 If a court finds part of this contract illegal or unenforceable, 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.
11.5 No waiver for delay in enforcing terms. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this 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.
11.6 Governing law and jurisdiction if you are a business customer. If you are a business, any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
11.7 Governing law and jurisdiction if you are a consumer. If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of your order in the English courts. If you live in Scotland, you can bring legal proceedings in respect of your order in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of your order in either the Northern Irish or the English courts.
Model Cancellation Form for Consumers
(Complete and return this form only if you wish to withdraw from the contract)
To: Association for Financial Markets (company number 06996678), Europe of Level 10, 20 Churchill Place, Canary Wharf, London, E14 5HJ, UK
Telephone: +44 (0)20 3828 2720
Email: [email protected]
I hereby give notice that I cancel my contract for the following order:
Date of Order: [insert date of order]
Customer name: [insert customer name]
Customer address: [insert customer address]
Order Number (optional): [insert order number]
Order Description (optional): [insert description of order]
Customer signature (only if this form is notified on paper): ________________________
Date: [insert date]