TERMS AND CONDITIONS
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1. Validity and Acceptance of Orders.
1.1 These Terms and Conditions (T&Cs) govern the sale and supply of products and services (the Products) purchased by you (the Purchaser) from Laing & Buisson Limited (LaingBuisson) by mail, email, telephone or through the on-line shopping facility known as the "Store" (the Store) situated on the LaingBuisson web site (the Site). All contracts for the sale of Products made between the Purchaser and LaingBuisson shall be deemed to incorporate these T&Cs and the placing of an order for Product(s) by you with LaingBuisson shall be deemed to signify that you have read and agree to be bound by the T&Cs.
Product access to an Individual licence is for use by the Purchaser only or the person who has been named the sole user at the point of sale.
Product access to an Office licence is for use by the Purchaser only or the person who has been named the sole user at the point of sale and authorised users situated at the same site of business.
1.2 LaingBuisson may amend and/or vary the T&Cs from time to time. You will be notified of any amendments by a notice on the Site.
2. LaingBuisson's Contract With You
2.1 Neither the Site, the Store nor the list of Products available from the Site (the List) constitute a unilateral offer capable of acceptance by you, but are an invitation to visitors to the Site to make an offer for Products from the List by completing and submitting the order form (the Order Form) provided on the Site for the purpose of ordering Products from the Store.
2.2 LaingBuisson is free to choose at its sole discretion not to supply Products to any person below the age of 18 or to persons resident in countries outside of the European Union.
2.3 All orders are accepted subject to the availability of the Products. The fact that a particular item appears on the List from time to time does not guarantee that the item is in stock, and available for sale, and LaingBuisson shall not be bound to accept any offer for any Products that are temporarily out of stock.
2.4 No contract for the sale of any Products shall exist between you and LaingBuisson until you have completed and paid for an online order or made an offer for Products by completing and submitting to us an order by email or in writing and LaingBuisson has sent you a response (the Acceptance) confirming receipt and acceptance of your order. The contract of sale shall come into force at the point in which Acceptance of the order is sent.
2.5 LaingBuisson is entitled to withdraw from any contract of sale in the case of obvious errors or inaccuracies regarding the Products or the order appearing on the Site, or if you have misrepresented your entitlement to any special offer (for example booking a conference place, taking out a newsletter subscription or purchasing any product at a special public sector price if you are not a public sector employee).
2.6.1 These Terms and Conditions apply specifically to conferences organised by LaingBuisson.
2.6.2 A delegate, exhibitor or sponsor reservation for a future conference or event is a contract.
2.6.3 Substitution of delegates is acceptable at any time and notification of substitution should be emailed to [email protected]
2.6.4 Delegate cancellations must be confirmed by mail or email and will be accepted up to the date specified in the conference brochure. Written or emailed notices of cancellation received on or before that date will be subject to an administration fee as indicated on the conference brochure and the balance of fees paid will be refunded. No refunds can be made on cancellations after this date.
2.6.5 Exhibitor cancellations must be confirmed by mail or email and will be accepted up to one calendar month before the date of the event. Written or emailed notices of cancellation received on or before that date will be subject to an administration fee as indicated on the order form and the balance of fees paid will be refunded. No refunds can be made on cancellations after this date.
2.6.6 Sponsor contracts may not be cancelled, other than by agreement in writing with LaingBuisson.
2.6.7 LaingBuisson reserves the right to make changes to the programme, speakers or venue should this become necessary.
2.6.8 In the event of cancellation of the conference by LaingBuisson, liability will be restricted to the refund of fees paid and will not extend to indirect or consequential losses.
2.6.9 LaingBuisson reserves the right to make changes to the programme, speakers or venue.
2.6.10 Purchasers of conference proceedings in electronic format are permitted to:
- Save the presentation slides and audio files to the hard disk of a personal computer.
- Print out proceedings for personal use.#
- Cite information from the proceedings in internal presentations and internal documents provided the material acknowledges the copyright owner (LaingBuisson). Please reference the table/figure/chapter; Title; Edition; the copyright owner ie. LaingBuisson. Please note: A copyright fee is payable for LaingBuisson information used in documents circulated externally in those cases where the copyright information used is in excess of one table (or the essence of one table); one figure (or the essence of one figure) ; 500 words (or the essence of 500 words). To request permission or for more information regarding copyright permissions please contact our Market Report team on 02078410046 or email your request to [email protected]
2.6.11 Purchasers of conference proceedings in electronic format are not permitted to:
- Email or otherwise transfer electronically the proceedings to another person who is not authorised to use it.
- Store the proceedings on a hard disk of a computer which can be accessed by anyone not authorised to use it.
- Copy the proceedings to a compact disc, DVD, USB or other removable storage medium, other than for temporary personal use (e.g. transferring it from a PC to laptop or accessing this on a personal tablet/smartphone).
- Publish the proceedings or sections of the proceedings on a company Intranet, the World Wide Web or any other electronic publishing system.
- Modify or re-work the proceedings in any way in order to distribute, lease, rent, sub-license, charge or sell them.
2.6.12 LaingBuisson reserves the right not to offer refunds if events outside its control, including disruption of transport, non-availability of the venue and acts of terrorism, prevent the conference from taking place or prevent delegates and/or speakers from attending on the conference date.
2.6.13 Should such events prevent the conference from taking place on the original conference date, then LaingBuisson will use their best endeavours to re-arrange substantially the same programme at a convenient later date and delegate, exhibitor and sponsor contracts will remain in force as if the conference or event had taken place on the original date.
2.7 CareSearch & Data Products & Benchmarking Products
2.7.1 Orders are subject to the completion of a separate licence agreement covering the conditions of use of Products, which will be sent to the Purchaser for signature on receipt of the order.
2.7.2 The annual subscription to CareSearch covers three issues of CareSearch that are released at approximately four-monthly intervals and this includes the issue supplied after receipt of an order. These releases however may not coincide with the date of an order and subscribers may therefore receive four issues, but may not use the final issue beyond the expiry date of their subscription
2.7.3 The annual subscription to Care Compliance Monitor services (either care homes or homecare) includes a full year's access to the web-based search engine (from date of purchase) as well as quarterly downloads of 'all services' inspection results for the appropriate product (care homes or homecare) - access is for one named user. If LaingBuisson is unable to supply the Care Compliance Monitor service as a result of any cause beyond its control (see 7 Force Majeure below), subscribers will be reimbursed pro-rata to the time period for which services have failed. (NB: multiple user access to the service is available upon request).
2.7.4 Data sets and mailing lists are supplied on a 12 months licence from the date of supply and cannot be used after that period, unless otherwise agreed by LaingBuisson.
2.7.5 The Purchaser acknowledges that the copyright of the Products is and will continue to be the property of LaingBuisson. No transfer of copyright is effected in favour of the Purchaser by virtue of any order.
2.7.6 The Purchaser shall not publish any part of the product on the World Wide Web or any other electronic publishing system. The Purchaser is not permitted to include material from any Products in any published work without requesting permission from LaingBuisson as the copyright owner. In the event that permission is granted reference must be made to the table/figure/chapter; the Report Title; edition, the copyright owner- ie. LaingBuisson. Please note: A copyright fee is payable for LaingBuisson information used in documents circulated externally in those cases where the copyright information used is in excess of one table (or the essence of one table); one figure (or the essence of one figure) ; 500 words (or the essence of 500 words). To request permission or for more information regarding copyright permissions please contact our Market Report team on 02078410046 or email your request to [email protected]
2.7.7 The Purchaser shall not sell or supply the product on any terms whatsoever, whether in whole or in part, or other information derived wholly or in part from the product, on any media, to any person outside of the business ie. to a third party, without permission. Products contain control addresses to monitor usage.
2.7.8 The Purchaser acknowledges that LaingBuisson has taken all reasonable measures to ensure the accuracy of data and cannot accept responsibility or liability for errors or omissions from the data or for any consequences arising under such circumstances. In no circumstances whatsoever shall LaingBuisson accept liability for consequential loss or damage resulting from the use of the product.
2.7.9 The product will normally be supplied within three working days of receipt of the order or signed licence agreement as applicable. Orders cannot be cancelled after dispatch of the product. Orders cancelled prior to dispatch will incur a £150 (plus VAT) cancellation charge.
2.7.10 LaingBuisson undertakes to supply the product in the format or version specified and makes no guarantee as to the compatibility of the product with any computer hardware or software. The responsibility to ensure the compatibility of the product with the Purchaser's computer system and subsequent suitability for its purpose, rests with the Purchaser alone.
2.8 Market Reports
2.8.1 The Purchaser acknowledges that the copyright of the Product is the property of LaingBuisson.
2.8.2 All rights are reserved by LaingBuisson. No part of any Product may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written consent of LaingBuisson.
2.8.3 Neither LaingBuisson, nor any of its associates, agents, representatives or employees accept any liability for any loss or damage, including any loss of profits, lost savings or other incidental or consequential loss, occasioned to any person no matter howsoever caused or arising as a result of or in consequence of action taken or refrained from in reliance on the contents of the Product.
2.8.4 No cancellation of any order will be accepted after dispatch of the product.
2.8.5 Electronic copies of the contents of a Product (Electronic Market Report) are provided by LaingBuisson to the Purchaser on a non-exclusive non-transferable licence. The Purchaser of a licence to use an Electronic Market Report agrees to the terms of this licence set out in 2.8.6 and 2.8.7, below. The Purchaser may give access to an Electronic Market Report to Authorised Users only. 'Authorised User' means either: a) the Purchaser or the Individual identified as the sole user; or b) a person who has been given access to the Publication under a multi-user subscription taken out with LaingBuisson.
2.8.6 Authorised Users are permitted to make personal use of the Electronic Market Report, including to:
- save the Electronic Market Report to the hard disk of a personal computer;
- make one print out of the complete Electronic Market Report for personal use only;
- print out a reasonable number of individual pages from the Electronic Market Report for personal use and for departmental us
- include information from the Electronic Market Report in internal presentations and internal documents, provided the material acknowledges the copyright owner (LaingBuisson). Please reference the table/figure/chapter; the Report Title; edition, the copyright owner- ie. LaingBuisson. Please note: A copyright fee is payable for LaingBuisson information used in documents circulated externally in those cases where the copyright information used is in excess of one table (or the essence of one table); one figure (or the essence of one figure) ; 500 words (or the essence of 500 words). To request permission or for more information regarding copyright permissions please contact our Market Report team on 02078410046 or email your request to [email protected]
2.8.7 Except in so far as required to do so under Freedom of Information legislation, Authorised Users are not permitted to:
- email or otherwise transfer or pass on electronically the Electronic Market Report to another person who is not authorised to use it;
- store the Electronic Market Report on a hard disk of a computer which can be accessed by any person not authorised to use it;
- copy the Electronic Market Report to a compact disc, DVD, USB or other removable storage medium, other than for temporary personal use (e.g. transferring it from a PC to laptop or accessing this on a personal tablet/smartphone);
- Publish the Electronic Market Report or sections of the Electronic Product on a company Intranet, the World Wide Web or any other electronic publishing system;
- Modify or re-work the Electronic Market Report in any way;
- Distribute, lease, rent, sub-license, charge for or sell the Electronic Market Report; and
- Print out more than one complete copy of the Electronic Market Report or copy the complete print out.
2.8.8 LaingBuisson retains the right to postpone publication of any report without prior notice. For bulk pre-orders, in the unlikely event that LaingBuisson has postponed publication for longer than 12 months (i.e. an annual report for that calendar period is not published), the customer will be entitled to the next available edition of the same title named in the bulk pre-order.
2.9 Subscription Newsletters
2.9.1 The Purchaser acknowledges that the copyright of the Product is the property of LaingBuisson.
2.9.2 All rights are reserved by LaingBuisson. No part of any Product may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written consent of the LaingBuisson.
2.9.3 Neither LaingBuisson, nor any of its associates, agents, representatives or employees accept any liability for any loss or damage, including any loss of profits, lost savings or other incidental or consequential loss, occasioned to any person no matter howsoever caused or arising as a result of or in consequence of action taken or refrained from in reliance on the contents of the Product.
2.9.4 Annual subscriptions cover 10 issues, commencing from the next issue to be published after receipt of order.
2.9.5 Cancellation of subscriptions will be accepted subject to an administration fee of £60 + VAT and a refund will be made pro rata with the number of months of the subscription left to run.
2.9.6 Electronic copies of the contents of a newsletter Product (Electronic Newsletter) are provided by LaingBuisson to the Purchaser on a non-exclusive non-transferable licence. The Purchaser agrees to the terms of this licence as set out in 2.9.7 and 2.9.8, below.
2.9.7 The Purchaser alone is permitted to make personal use of the Electronic Newsletter, including to:
Save the Electronic Newsletter to the hard disk of a personal computer;
make one print out of each complete issue of the Electronic Newsletter for personal use only; include information from the Electronic Newsletter in presentations and internal documents, provided the material acknowledges the copyright owner (LaingBuisson); and cite the Electronic Product in a published work, provided the citation acknowledges the copyright owner (LaingBuisson).
2.9.8 The Purchaser is not permitted to:
email or otherwise transfer or pass on electronically the Electronic Newsletter to another person who is not authorised to use it;
store the Electronic Newsletter on a hard disk of a computer which can be accessed by any person not authorised to use it;
copy the Electronic Newsletter to a compact disc, DVD, USB or other removable storage medium, other than for temporary personal use (e.g. transferring it from a PC to laptop or accessing this on a personal tablet/smartphone);
Publish the Electronic Newsletter or sections of the Electronic Newsletter on a company Intranet, the world wide web or any other electronic publishing system;
Modify or re-work the Electronic Newsletter in any way;
Distribute, lease, rent, sub-license, charge for or sell the Electronic Newsletter; and
Print out more that one complete copy of the Electronic Newsletter or copy the complete print out.
2.10.1 Definitions - Supplier means Laing & Buisson Ltd of 29 Angel Gate, City Road, London EC1V 2PT, trading as LaingBuisson. Client means the individual or organisation who buys or agrees to buy Services from the Supplier. Agreement means the agreement (or contract) between the Supplier and the Client for the provision of Services incorporating these Terms and Conditions. Services means the services that the Client agrees to buy from the Supplier.
Terms and Conditions means the terms and conditions for the provision of Services set out in this document and any special terms and conditions agreed in writing by the Supplier and the Client, either in the Agreement or elsewhere.
2.10.2 Conditions - These Terms and Conditions shall NOT affect the Client’s statutory rights as a consumer. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be only be applicable if agreed in writing by the Supplier and the Client. Any complaints should be addressed to the Supplier's address.
2.10.3 Price and payment - The price of the Services and any taxes and expenses shall be that stipulated in the Agreement and shall be payable in full on completion of the Services and presentation of the report, in any, unless stage payments are specified in the Agreement, in which case they are payable on completion of each relevant stage. The Client shall not be responsible for any expenses, charges or price other than those set out in the Agreement. In the event of late payment by the Client, the Supplier shall be entitled to charge the Client interest at the rate of 2% per annum above LIBOR from the date when payment becomes due from day to day until the date of payment. If the parties agree that the Supplier is to provide services or resources in addition to those specified in the Agreement, then such agreement will be reflected in a further Contract.
2.10.4 Ordering - All orders for Services shall be deemed to be an offer by the Client to purchase Services under these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
2.10.5 Performance - The Supplier shall perform the Services in accordance with good industry practice and with reasonable skill and care.
2.10.6 Limitation of liability - Except as may be implied by law where the Client is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Client shall be limited to damages which shall in no circumstances exceed the price of the Supplier’s professional indemnity insurance and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
2.10.7 Waiver - No waiver by the Supplier or the Client (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
2.10.8 Force Majeure - The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, terrorism or threats of terrorism, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and if such a Force Majeure event occurs, the Supplier shall be entitled to a reasonable extension of its obligations, provided that the Supplier shall use all reasonable efforts to minimise the effects of the same.
2.10.9 Severance - If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
2.10.10 Non-Assignment - The Agreement shall be binding on and shall ensure for the benefit of each party’s successors, but none of the parties may, without the written consent of the others assign or delegate any of their respective rights or obligations under this Agreement.
2.10.11 Governing law and jurisdiction - These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
3. Pricing and Availability
3.1 The prices of the Products are those specified on the List at the time of ordering. Each price, as displayed, is exclusive of VAT (where applicable). Goods delivered to certain countries may be subject to local import charges and taxes for which the Purchaser accepts responsibility.
3.2 There will be an additional charge of £50 + VAT applicable for delivery of Products outside the UK, which shall be notified to you at the time of placing your order.
3.3 In the unlikely event that the Goods are unavailable, LaingBuisson shall send you a notification by e-mail. Price and availability information on the Site is subject to change without notice.
3.4 Save as referred to in Clauses 3.1 and 3.2, there is no charge for using the Store to order Goods.
4. Delivery of Products
4.1 LaingBuisson shall deliver hard copy Products ordered by you to the delivery address which you specify on the Order Form.
4.2 A delivery charge of £50 + VAT per report will apply to reports delivered outside the United Kingdom.
4.3 LaingBuisson Electronic Products are accessible through the Purchasers online account set up at the point of purchase. In the event that this is not possible (such as an archived edition or issue) LaingBuisson shall deliver Electronic Products ordered by you to the email address which you specify on the Order Form.
4.4 All delivery times quoted on the Site are estimates only based on availability, normal processing and delivery time. Subject to availability of the Products, LaingBuisson shall use its best endeavours to deliver hard copy Products to you as soon as reasonable practicable and in any event within the period of 2-5 working days beginning on the day the Acceptance of the order.
4.5 Access to Electronic Products will be set up via the authorised user’s LaingBuisson online account or, if relevant, emailed to the specified email address immediately on Acceptance of the order.
4.6 You shall be bound to accept the Goods when the Acceptance is communicated to you in accordance with Clause 2.4 and delivery shall be deemed to take place when the Products are delivered to you at the nominated address or to a carrier as the case may be, whereupon the risk of loss, breakage or any other damage whatsoever shall pass to you, or, if you wrongfully fail to take delivery of the Product, at the time when LaingBuisson has tendered delivery of the Product.
5. Cancellations, Refunds and Complaints
5.1 LaingBuisson Products contain high value information and once dispatched are not returnable or refundable, except as provided for in Clauses 2.6.3, 2.7.3 and 2.9.5. This does not affect your statutory rights.
5.2 Exceptionally, refunds, cancellations or substitutions made at the discretion of LaingBuisson.
5.4 Complaints relating to any Products may be emailed to [email protected] or mailed to LaingBuisson at 29 Angel Gate, 326 City Road, London, EC1V 2PT marked for the attention of "Customer Services".
6. Payment Terms
The Site can accept those credit and debit cards which are displayed. Credit cards are debited before any Goods are despatched to you by LaingBuisson.
7. Force Majeure
In the event that LaingBuisson is prevented from carrying out its obligations under a contract for sale of Services or Goods as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, LaingBuisson shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
8.1 No liability for any claim for damage to, defects in, or non-functionality of, any Products shall be accepted unless you notify LaingBuisson by email or in writing within a reasonable period of delivery. This period is specified as within 48 hours of dispatch, the period may be extended at the sole discretion of LaingBuisson.
8.2 No liability for any claim for missing items such as inserts, book sleeves, CD covers, etc shall be accepted unless you notify LaingBuisson in writing within a reasonable period of 48 hours of delivery.
8.3 No liability for any claim will be accepted in the case of Goods differing in quantity or descriptions from the particulars given on the delivery note unless you notify LaingBuisson in writing normally within 48 hours of delivery and the onus is on you to prove any shortage.
9. Limitation of Liability
9.1 The extent of LaingBuisson's liability to you for any default or breach whatsoever and howsoever arising shall in no case exceed the value of the Services or Products ordered by you and LaingBuisson shall in no circumstances whatsoever be liable to you in respect of any loss or damage whether suffered by you or any customer of you and whether direct, indirect, consequential or howsoever else arising.
10. Statutory Rights
10.1 Your statutory rights are unaffected by LaingBuisson terms and conditions of sale.
11. Consumer Protection
11.1 The identity of the supplier for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 is LaingBuisson Limited registered in England under number 2088064 and whose registered office is at 29 Angel Gate, 326 City Road, London, EC1V 2PT.
12.1 These Terms shall be governed by, and construed in accordance with, English law. The parties 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 or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.