TERMS AND CONDITIONS
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- 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 LaingBuisson Ltd (LaingBuisson) by mail, email, telephone or through the online shopping facility known as the ‘Shop’ (the Shop) situated on the LaingBuisson website (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.
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, nor the Shop 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 making a purchase through the online Shop.
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 magazine subscription or, if subscribed to a membership package, accessing a greater range of services than allowed for under that agreement).
2.6.1 These Terms and Conditions apply specifically to events organised by LaingBuisson. A delegate, exhibitor or sponsor reservation for a future event or awards ceremony is a contract.
2.6.2 Registrations are made when booking online or with your account manager, who will issue you with an invoice. Once an invoice is received this is your confirmation to attend the event, and from this date our usual cancellation terms apply. Payment must be made within 30 days of a registration order being placed (the invoice being sent), or at the latest the day before the event.
2.6.3 Substitution of events delegates or awards attendees is acceptable at any time and notification of substitution should be emailed to email@example.com.
2.6.4 Cancellations by mail or email will only be accepted up to one calendar month prior to the event and will be subject to an administration fee of £75 + VAT per delegate. No refunds can be given on or after the end of the last business day one month before a conference. All tickets must be paid for, even where a delegate is unable to attend, unless we expressly receive a cancellation. Non-attendance or non-payment will be taken as a cancellation on the day of the event and will incur a 100% cancellation fee.
2.6.5 In the event of the cancellation of an event or awards ceremony by LaingBuisson, liability will be restricted to the refund of fees paid and will not extend to indirect or consequential losses.
2.6.6 LaingBuisson reserves the right to make changes to the programme, speakers or venue.
2.6.7 Final event information including confirmation of registration, direction and the event or awards brochure will be emailed to delegates approximately one week before the event. If you do not receive this confirmation email, please notify the events team on 020 7839 9305 or at firstname.lastname@example.org
2.6.8 LaingBuisson will include a delegate list in the event or awards brochure distributed to all attendees. Please notify the events team on 020 7839 9305 or at email@example.com if you do not wish to be included in the delegate list.
2.6.9 Please notify the events team at time of booking of any special requirements that you may have such as dietary restrictions or accessibility needs. Without prior notification, we cannot guarantee that we will be able to cater to special requirements.
2.6.10 Photographs are taken at our events and may be used for marketing purposes. If you do not wish your photograph to be taken or used in this way, please notify the events team on 020 7839 9305 or at firstname.lastname@example.org.
2.6.11 Sponsor contracts cannot be cancelled, other than by agreement in writing with LaingBuisson.
2.6.12 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 the proceedings for personal use.
- Cite information from the proceedings in internal presentations and internal documents provided the material acknowledges LaingBuisson as the copyright author. The Purchaser is not permitted to include material from any Products in any published work without requesting permission from LaingBuisson as the copyright owner and as per our Copyright Statement the use of material may be subject to an additional fee. Full details are available in our Copyright Statement which may be requested from our Head of Business Development on 020 7833 9123.
2.6.13 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 the 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.
- Publish the proceedings or sections of the proceedings on a company intranet, the internet 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.
2.7 Data Products
2.7.1 Orders are subject to the completion of a separate licence agreement covering the terms and conditions of use of the specific product purchased, which will be sent to the Purchaser for signature on receipt of the order.
2.7.2 The annual subscription to CareSearch consists of a 12-month access licence to this product within the iLaingBuisson portal from the date of purchase, including all updates made to that product within that time period. The rights to use the data will lapse at the expiry of the subscription.
2.7.3 The annual subscription to CareMonitor (either care homes or homecare) includes 12 months’ access licence to this product within the iLaingBuisson portal from the date of purchase, including access to all the information and updates within CareMonitor for the duration of the subscription.
2.7.4 Data sets and mailing lists are supplied on license from date of supply and cannot be used after that period. The terms of the licences are:
- Single-use license – users can only use data once for the specified purpose and this must be completed within 2 months of the date of order.
- 12-month/subscription licence – users can hold and use the data supplied for 364 days after the date of order confirmation, unless another date is specified explicitly. Thereafter, the data licence must be renewed or all data must be removed from the users’ systems.
- Perpetual use licence – where a perpetual usage licence has been issued, there is no expiry date issued for the user to hold and use the data, but all conditions in the specific terms and conditions relating to the purchase of the data product apply in perpetuity.
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 internet 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 and as per our Copyright Statement the use of material may be subject to an additional fee. Full details are available in our Copyright Statement which may be requested from our Chief Operating Officer on 020 7833 9123.
2.7.7 The Purchaser shall not sell or supply the products 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 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 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. The Purchaser is not permitted to include material from any Products in any published work without requesting permission from LaingBuisson as the copyright owner and as per our Copyright Statement the use of material may be subject to an additional fee. Full details are available in our Copyright Statement which may be requested from our Chief Operating Officer on 020 7833 9123.
2.8.2 Neither LaingBuisson, nor any of its consultants, 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, occasions 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.
2.8.3 Electronic copies of the contents of Market Reports are provided by LaingBuisson to the Purchaser as a non-exclusive, non-transferrable licence. The Purchaser of a licence to use an Electronic Market Report agrees to the terms of this licence set out in 2.8.5 and 2.8.6 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.
2.8.4 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 or organisation computer/server.
• Make a reasonable quantity of print outs of the complete Electronic Market Report for organisation use only.
• Print out a reasonable number of individual pages from the Electronic Market Report for personal use and for organisation use.
• Include information from the Market Report in presentations and documents provided the material credits the copyright owner (LaingBuisson).
2.8.5 Authorised Users are not permitted to:
- Email or otherwise transfer electronically the Publication to anyone outside of the purchasing organisation.
- Copy the Market Report to a compact disc, DVD or other removable storage medium, other than for temporary personal use.
- Publish the Market Report or sections of the Market Report on the Internet or any other electronic publishing system accessible to people other than those in the purchasing organisation.
- Modify or re-work the Market Report in any way.
- Distribute, lease, rent, sub-license, charge or sell the Market Report.
- Reproduce more than a reasonable amount of the Market Report content for use in presentations or documents which will be delivered to third parties (e.g. an IPO prospectus). If you require this right please contact LaingBuisson on +44 (0)20 7833 7960.
2.8.6 Except insofar 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.
- Publish the electronic Market Report or sections of the Electronic Product on a company Intranet, the Internet or any other electronic publishing system.
- Modify or re-work the Electronic Market Report in any way.
- Distribute, lease, rent, sub-licence, charge for or sell the Electronic Market Report.
- Print out more than one complete copy of the Electronic Market Report or copy the complete print out.
2.8.7 LaingBuisson retains the right to postpone the publication of any report without prior notice.
2.9.1 The Purchaser acknowledges that the copyright of the Product is the property of LaingBuisson. The Purchaser is not permitted to include material from any Products in any published work without requesting permission from LaingBuisson as the copyright owner and as per our Copyright Statement the use of material may be subject to an additional fee. Full details are available in our Copyright Statement which may be requested from our Chief Operating Officer on 020 7833 9123.
2.9.2 Neither LaingBuisson, nor any of its consultants, 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.
2.9.3 Annual subscriptions cover 10 issues, commencing from the next issue to be published after receipt of order.
2.9.4 Subscriptions may only be cancelled at the end of the 12-month period, namely following receipt of the tenth issue after commencement of the subscription.
2.9.5 Electronic copies of the contents of a magazine are provided by LaingBuisson to the Purchaser on a non-exclusive, non-transferrable license. The Purchaser agrees to the terms of this licence as set out in 2.9.6 and 2.9.7 below.
2.9.6 The Purchaser alone is permitted to make personal use of the magazine including to:
- Save the electronic copy of the magazine to the hard disk of a personal computer.
- Make one print out of each complete issue of the electronic copy of the magazine for personal use only.
- Include information for the magazine in presentations and internal documents, provided the material acknowledges the copyright owner (LaingBuisson). Use in external documents is covered in the Copyright Statement summarised in 2.9.1 above.
2.9.7 The Purchaser is not permitted to:
- Email or otherwise transfer or pass on electronically the electronic copy of the magazine to another person who is not authorised to use it.
- Store an electronic version of the magazine on a hard disk of a computer which can be accessed by any person not authorised to use it.
- Copy an electronic version of the magazine to a compact disc, DVD, USB or other removable storage medium, other than for temporary personal use.
- Publish an electronic version of the magazine or sections of the magazine on a company intranet, the internet or any other electronic publishing system.
- Modify or re-work the magazine in any way.
- Distribute, lease, rent, sub-licence, charge for or sell the magazine, whether in hard or electronic copy.
- Print out more than one complete copy of the electronic version of the magazine or photocopy the complete magazine.
2.10.1 LaingBuisson offer a range of Membership Packages designed to meet the needs of our different types of clients. The specific terms of the Package will be explained at the time of purchase.
2.10.2 The composition of the Membership Package is specified prior to purchase. Any Products to be delivered in hard copy will be sent to the address specified in the Client’s purchase order; electronic Products will be delivered to the Client’s online account.
2.10.3 Subscriptions run for 12 months and date from the day that LaingBuisson accepts the Client’s order.
2.10.4 Following the 14-day cancellation period (detailed in clause 5.1), the Membership cannot be cancelled until the renewal date, namely, 364 days after the Membership Package was originally purchased.
Client: individual or organisation who buys or agrees to buy Services from LaingBuisson.
Agreement: the agreement or contract between LaingBuisson and the Client for the provision of Services incorporating these Terms and Conditions.
Services: the services that the Client agrees to buy from LaingBuisson.
Terms and Conditions: the terms and conditions for the provision of Services set out in this document and any special terms and conditions agreed in writing by LaingBuisson and the Client, either in the Agreement or elsewhere.
- 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 applicable if agreed in writing by LaingBuisson and the client. Any complaints should be addressed to LaingBuisson’s address.
- 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, 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, LaingBuisson 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 LaingBuisson is to provide services or resources in addition to those specified in the Agreement, then such agreement will be reflected in a further Contract.
- All orders for Services shall be deemed to be an offer to the Client to purchase Services under these Terms and Conditions and are subject to acceptance by LaingBuisson. LaingBuisson may choose not to accept an order for any reason.
- LaingBuisson shall perform the Services in accordance with good industry practice and with reasonable skill and care.
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 inclusive 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 Products are unavailable, LaingBuisson shall send you a notification by email. 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 online Shop to order Products.
3.5 The fee for Consultancy Services is as stated in the original proposal or as negotiated and accepted in writing by both parties. The fee will be inclusive of all aspects of the work as briefed in the proposal, including delivery of Products outside the UK if this is a specified requirement at the outset of the project. Extensions to the original proposal will be negotiated as they arise and may attract a further fee depending on their nature. Prices quoted are exclusive of VAT.
- Delivery of Products
4.1 LaingBuisson shall deliver hard copy Products ordered by you to the delivery address that you specify at the time of ordering.
4.2 LaingBuisson’s electronic Products are accessible through the Client’s online account. This may be an existing account or one set up at the point of purchase. In the event that this is not possible (e.g. you purchase an archived edition or issue), LaingBuisson will deliver electronic Products to the email address specified at the point of purchase.
4.3 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 as soon as reasonably practicable and in any event within the period of 2-5 working days beginning on the day of Acceptance of the order. 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.
4.4 Delivery of the output of Consultancy services, such as written reports and presentations, including the format for delivery (electronic or hard copy) and delivery date, will be agreed at the outset of the Project.
4.5 You shall be bound to accept the Products 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. If an intermediary is used for the delivery, risk of loss, breakage or any other damage whatsoever shall pass to you at the time possession of the Products passes to the intermediary. You will also be liable if you wrongfully fail to take delivery of Products at the time when LaingBuisson has tendered their delivery.
- Cancellations, Refunds and Complaints
5.1 By the terms of the Consumer Contracts Regulations, you have a right to cancel from the moment you enter into the contract until 14 days after that date. However, if you require us to dispatch a hard copy Product or deliver a Consultancy Service before the end of the 14-day cooling off period, no cancellation will be accepted after the dispatch of the product. In the case of an electronic Product, if you download it within the 14-day cancellation period you must agree to waive your cancellation rights. LaingBuisson’s products are not returnable or refundable, except as provided for in Clause 2.6.3. This does not affect your statutory rights.
5.2 Where exceptional refunds, cancellations or substitutions are made, these are at the discretion of LaingBuisson.
5.3 Complaints relating to any Products may be emailed to email@example.com or posted to LaingBuisson at 29 Angel Gate, 326 City Road, London, EC1V 2PT, marked for the attention of ‘Customer Services’.
- Payment Terms
6.1 The Site can accept those credit and debit cards which are displayed. Credit/Debit cards are debited before any Products are dispatched.
6.2 Payment can also be made by cheque, cash, credit/debit card and bank transfer following the issuing of an invoice. All invoices must be paid within 30 days of being issued.
- Force Majeure
7.1 In the event that LaingBuisson is prevented from carrying out its obligations under a contract for the sale of Products or Services as a result of any cause beyond its control such as, but not limited to, Acts of God, War, Strikes, Lock-outs, Disruption of Transport, Non-availability of a Conference Venue, Acts of Terrorism, 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.
7.2 Where Force Majeure affects the delivery of a Consultancy Service, LaingBuisson shall be entitled to a reasonable extension of its obligations, provided that LaingBuisson uses reasonable efforts to minimise the effects of the Force Majeure.
7.3 Where a conference or event is prevented from taking place owing to Force Majeure, 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.
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 delivery and this period may only 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 and similar shall be accepted unless you notify LaingBuisson in writing within a reasonable period of 48 hours from delivery.
8.3 No liability for any claim will be accepted in the case of Products differing in quantity of 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 the client to prove any shortage.
- Limitation of Liability
9.1 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 LaingBuisson the remedies of the Client shall be limited to damages which shall in no circumstances exceed the price of LaingBuisson’s professional indemnity insurance and LaingBuisson shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.
9.2 No waiver by LaingBuisson 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.
- 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.
9.4 The Agreement shall be binding and shall ensure for the benefit of each party’s successors, but one of the parties may, without the written consent of the others assign or delegate any of their respective rights or obligations under this Agreement.
- Statutory Rights
10.1 Your statutory rights are unaffected by LaingBuisson’s terms and conditions of sale.
- Consumer Protection
11.1 The identity of the supplier for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 Is LaingBuisson Limited, registered in England under number 2088064 and whose registered office is at Harben House, Harben Parade, Finchley Road, London, NW3 6LH.
12.1 These Terms and Conditions 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.