Policy

Event Admission

Event admission terms and conditions

1. By registering for and/or attending the Event (as defined below), participants are bound by, and comply with, these Terms and Conditions. It is the individual’s responsibility to read and understand these Terms and Conditions.
2. For the purposes of these Terms and Conditions the “Event” means the event the details of which are as confirmed in the written booking arrangements between the participant and LAMMA Limited (“LAMMA”) and/or its group companies;
3. In order to attend the Event, participants must pay in full or have paid in full on their behalf the relevant Registration Fee (if applicable) immediately on booking or by the Due Date.
4. The Registration Fee does not include any travel costs, or any costs of accommodation. The Registration Fee relates solely to attendance at the Event.
5. If an invoice is requested, payment will be required by return but not later than prior to the Event. If payment is not received within these required time limits, LAMMA reserves the right to cancel the booking without notice. Payment may be made by cheque, credit card or bank transfer. Please indicate your Booking Reference and surname as a reference on all bank transfers and communications.
6. Details of the participant’s place at the Event will be confirmed by LAMMA once the completed booking is received by LAMMA. Confirmation by LAMMA of the place at the Event forms a binding commitment for payment of the full relevant Registration Fee(s) by the individual participant.
7. Places at the Event are limited and are subject to availability.
8. Payments for the Event are non-refundable (if applicable).
9. A request that the participant’s confirmed booking is transferred to a colleague may be made by giving written notice to LAMMA. LAMMA reserves the right to accept or deny a request for such a transfer. No transfer or assignment of a booking other than to a colleague is permitted.
10. LAMMA reserves the right to cancel a participant’s place at any time and for whatever reason (including without limitation cancellation of the Event) on repayment of the Registration Fee, or whatever proportion of the Registration Fee it has actually received; and this repayment shall be in full and final settlement of any claims against LAMMA by the participant relating to his/her place at the Event.
11. In the event of fire, flood or without limit other causes that LAMMA reasonably believes to be substantial or that are beyond LAMMA’s control, LAMMA reserves the right to change the times, dates and the venues of the Event, without incurring any liability to the participant.
12. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and each party irrevocably agrees to submit to the exclusive jurisdiction of the English courts.
13. These Terms and Conditions, together with the registration form, constitute the entire agreement of the parties and may be executed by electronic signature. The participant hereby waives any and all rights to dispute the validity, legality or enforceability of such method of execution as evidence of the existence of legal relations pursuant to this agreement for the purposes of proceedings issued in respect of their terms. In entering into this agreement, the parties have not relied on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in this agreement. Each participant shall be deemed to have full knowledge of the Terms and Conditions and shall be bound by them in all respects.
14. These Terms and Conditions may not be modified, amended or rescinded, in whole or in part, except by written amendments signed by both parties.
15. To the full extent allowed by law and insofar as it is reasonable to do so, the participant agrees not to hold LAMMA liable for any damage or loss suffered or incurred by the them during the course of the Event, including consequential (i.e. losses which are not incurred as a direct consequence of the Event leading to any claim) or indirect losses or loss of profit, through registering for the Event, attending the Event, alteration of the Event schedule, cancellation of the Event, or any error or omission on the part of LAMMA. This provision does not reduce or restrict LAMMA’s liability for death or personal injury caused by its negligence or fraud.
16. By accepting these Terms and Conditions the participant warrants that he is attending the Event in the course of his or her business and indemnifies LAMMA and its staff and agents against all or any loss or damage, injury, actions, proceedings or claims arising from any act or omission of the individual during the course of the Event.
17. Participants are responsible for taking appropriate insurance cover in connection with their attendance at the Event. Where the individual participant is travelling from outside of the United Kingdom to attend the Event, appropriate travel insurance should be purchased independently and in advance of any travel or travel bookings.
18. Photographs will be taken at the Event by an official photographer, which may be used in post-Event publicity and on future marketing materials. By completing and submitting the Booking Form, the participant consents to the official photographer taking such photographs, which may feature the participant and/or his/her guests, and the use of such photographs as described and, where applicable, undertakes to ensure that all of his/her guests attending the Event are made aware of the use of the official photographer and consent accordingly to their photograph being taken as described. If the participant or any of his/her guests do not want their photograph to be taken or used in this way, LAMMA must be notified prior to the Event.
19. The views expressed by any speaker at the Event are representative of the speaker’s own opinions and cannot in any way be attributed to LAMMA. LAMMA disclaims any liability for views expressed by any speaker at the Event.
20. LAMMA is not liable for the content of any entertainment provided. LAMMA has taken reasonable checks to ensure that it is appropriate for the Event.
21. Where tickets/admission documents for the Event are posted to the participant, the risk in the goods shall pass to the participant upon the items being posted to the address given by the participant.
22. In the event of inappropriate behaviour by any individual in the view of LAMMA or the Event venue operator, they may be refused entry or asked to leave and excluded from the Event without refund or compensation.
23. Reasonable security searches at the Event venue will take place.
24. The details of the Event shown in any material supplied by LAMMA to the customer are correct at the time of printing but the participant shall be responsible for checking with LAMMA that no alterations have been made.
25. By submitting their personal details, the participant agrees to LAMMA processing those details in accordance with the purposes made known the participant at the time of collection and LAMMA’s privacy policy. LAMMA shall comply with all applicable requirements of the Data Protection Act 2018, the General Data Protection Regulation, any successor legislation or other applicable law.

by Alex Barlow

Licensing

Licensing

Licensing terms and conditions - Agriconnect

1. DEFINITIONS
   You or Your: The person, firm, corporation or other organisation entering into this agreement with us by accepting these terms. Where the context so requires, You or Your includes your Authorised Users.
   Us, We, or Our: Arc Media Holdings Limited (company number 13558953), trading as Agriconnect.
   Affiliates: in respect of any person to whom the term Affiliate refers a company, corporation or partnership or other business entity (“entity”) which is directly or indirectly controlled by or under substantially common control with or controls (as the case may be) the person so referred to and for this purpose “control” means the power of an entity to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership, agreement or other document regulating the entity in question) that the entity’s affairs are conducted in accordance with its wishes.
   Authorised Users: those persons listed in the Order or such other persons as are agreed by the parties from time to time.
   Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 5.
   Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including without limitation the UK GDPR (having the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018), the Data Protection Act 2018 (and regulations made thereunder), the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and all other legislation and regulatory requirements in force from time to time which apply in relation to the use of Personal Data “Data Controller”, “Data Processor”, “Personal Data” and “Data Subject” have the meanings in the Data Protection Legislation.
   Digital Materials: the electronic materials described more fully in the Order under ‘Services’
   Materials: the Digital Materials.
   Order: the order form completed and signed by the parties or other written confirmation setting out the particulars of the licence We are to provide You.
   Party: either the licensee or licensor, dependent on the context of the agreement.
   Services: the provision of Materials.
   Member Data: The data input by you (and anyone authorised by you) for use in conjunction with the Materials.
   Licence Fee: The licence fee for the Services to be provided under this agreement, as specified in our invoice relating to this agreement.
   Licence Period: The period in respect of which either (a) a Licence Fee is payable for the Services, as specified in our invoice relating to this agreement or (b) a free trial is to operate as specified in writing by Us.
   Term: the period starting from the Start Date and expiring on the End Date as set out in the Order.
   Your Sites: All sites, offices and locations that you and we have agreed are covered by this agreement and are listed in the Order.
2. AUTHORITY AND LICENCE FOR USE OF DIGITAL MATERIALS
   2.1 We authorise you and/or your Authorised Users to use the Digital Materials specified in the Order on a non-exclusive basis for the Term for which you agree to pay us the Licence Fee save insofar as You and We have agreed that the Digital Materials will be provided without charge for a limited trial period in which case the balance of these Terms and Conditions shall be binding. For the avoidance of doubt, free trial periods may not be renewed or repeated without Our express written consent.
   2.2 The Licence Fee shall be paid to Us save insofar as the Order provides that the Licence Fee may be paid via a third party agent of Yours (“Third Party Agent”). In the event that payment is made via a Third Party Agent You shall indemnify Us and keep Us indemnified against any loss, damage, costs and expenses We suffer or incur as a result of any default by the Third Party Agent in making payment of the Licence Fee in accordance with the terms of the Order as otherwise set out in this agreement.
   2.3 The authorities and licences set out in clause 2.1 above start when you enter into this agreement and end
   (a) if the Licence Period expires without your agreeing to renew this agreement on the terms and Licence Fee then applying; or
   (b) If this agreement is terminated under clause 7.
   2.4 You and/Your Authorised Users may:
   (a) Search, view, copy and print out material containing Digital Materials for your own use;
   (b) Access the Digital Materials while away from your principal place of work.
   2.5 You shall not:
   (a) Attempt to duplicate, modify, disclose or distribute any portion of the Digital Materials except as expressly permitted in this Agreement; or
   (b) Host the Digital Materials (or any copy or copies thereof) on any server or other device or otherwise provide access to the Digital Materials (or any copy or copies thereof) except as expressly permitted in this Agreement.
3. YOUR OBLIGATIONS
   3.1 You will take all steps necessary to ensure that Authorised Users comply with the terms of use of the Services in this agreement and do not:
   (a) copy, print out or otherwise reproduce any Materials nor any material relating to part of the Services, except as permitted under this Agreement or authorised by us in writing;
   (b) make any part of the Materials or of the Services available to anyone whose principal place of work is not one of your organisation’s sites, except as permitted under this agreement or authorised by us in writing;
   (c) Alter any part of the Materials or Services; or
   (d) Purport to assign or otherwise dispose of your rights under this agreement.
   3.2 You will take reasonable steps to ensure that nobody other than Authorised Users accesses the Materials or Services using accounts created with your username and password, including without limitation taking all necessary steps to ensure that no part of the Materials or Services is accessible to an Authorised User after his or her employment by You ends. You will be required to co-operate with Our reasonable requirements from time to time in this regard.
   3.3 You acknowledge and agree that we and our licensors own all intellectual property rights in the Materials. Except as expressly stated to the contrary, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Materials or any related documentation.
   3.4 You are responsible for configuring your information technology, computer programs and platform in order to access the Services. Notwithstanding clause 4.2, you should use your own virus protection software.
   3.5 In the event that You are unable to access the Digital Materials for a period exceeding 48 hours’ duration You must inform Us no later than 7 days thereafter. We are unable to accept any liability in respect of loss and damage arising from any failure to comply with the foregoing requirement.
   3.6 You shall provide us such copies of documentation as We reasonably require from time to verify Your compliance with the terms of this Agreement.
   3.7 We reserve the right to suspend provision of the Services in the event that you fail to make payment of the Licence Fee in accordance with the relevant invoice. In the event such right is exercised provision of the Services shall be restored on our receipt of full payment of the outstanding Licence Fee.
4. OUR OBLIGATIONS
   4.1 We warrant that you will not infringe any third party intellectual property rights by using the Materials.
   4.2 We will take reasonable steps to ensure that any data files we supply to you as part of the Service are virus-free.
   4.3 We will use our best endeavours to ensure that Licencee Data is maintained securely and is properly backed-up. In the event of any loss or damage to Licencee Data, your sole and exclusive remedy shall be that we use our best endeavours to restore the lost or damaged Licencee Data from the latest back up of such Licencee Data. We shall not be responsible for any loss, destruction, alteration or disclosure of Licencee Data caused by any third party (except those third parties sub-contracted by us to perform services related to Licencee Data maintenance and back-up).
   4.4 We will use all reasonable endeavours to ensure that the Services are provided continuously and that access to our website is not interrupted by any event within our control. We will notify you in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom business hours.
5. CONFIDENTIALITY
   5.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under this agreement. A party’s Confidential Information shall not be deemed to include information that:
   (a) Is or becomes publicly known other than through any act or omission of the receiving party; or
   (b) Was in the other party’s lawful possession before the disclosure; or
   (c) Is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
   (d) Is independently developed by the receiving party, which independent development can be shown by written evidence; or
   (e) Is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
   5.2 Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this agreement.
   5.3 Each party shall use its best endeavours to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed except in accordance with the terms of this agreement.
   5.4 Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party (except, in our case, those third parties sub-contracted by us to perform services related to Licencee Data maintenance and back-up).
   5.5 We acknowledge that the Licencee Data is your Confidential Information.
   5.6 This clause shall survive termination of this agreement, however arising, by two years.
6. LIABILITY
   6.1 This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
   (a) Any breach of this agreement.
   (b) Any use made by you of the Services or any part of them; and
   (c) Any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with this agreement.
   6.2 Except as expressly and specifically provided in this agreement all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
   6.3 Nothing in this agreement excludes our liability:
   (a) For death or personal injury caused by our negligence; or
   (b) For fraud or fraudulent misrepresentation.
   6.4 Subject to clause 6.3 above:
   (a) we shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and
   (b) our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Services during the 12 months preceding the date on which the claim arose.
   6.5 Under this clause, our liability includes that of any Affiliate and their respective agents, employees and sub-contractors, includes any other party claiming through you and loss or damage, includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with the Services, whether under this Agreement or other agreement or in consequence of any misrepresentation, misstatement or tortious act or omission, including negligence.
   6.6 We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including without limitation default of strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
7. TERMINATION
   7.1 This agreement will terminate if you are in material breach of any of its terms and if the breach is not remedied within the period of twenty working days after written notice of it has been given to you.
   7.2 On termination of this agreement for any reason:
   (a) All licences granted under this agreement shall immediately terminate;
   (b) Subject to the exceptions in this sub-clause, you will take reasonable steps to delete the Materials from your electronic media, including your intranet and electronic storage devices so that you no longer have an electronically functional copy of any part of the Materials. You are not required to delete or destroy archive material, e.g. presentations, containing Materials that were made prior to termination, or copies of such material;
   (c) We may destroy or otherwise dispose of any of the Licencee Data in our possession unless we receive, no later than ten days after the effective date of the termination or expiry of this agreement, a written request for the delivery to you of a print-out of the then most recent back-up of the Licencee Data. We shall use reasonable endeavours to deliver the print-out to you within 30 days of receipt of such a written request, provided that you have, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). You shall pay all reasonable expenses incurred by us in delivering such print-out; and
   (d) Termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
8. DATA PROTECTION
   8.1 You and we will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
   8.2 You and we acknowledge that for the purposes of the Data Protection Legislation, you are the Data Controller and we are the Data Processor.
   8.3 Without prejudice to the generality of clause 8.1, you shall ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of this Agreement.
   8.4 Without prejudice to the generality of clause 8.1, we shall, in relation to any Personal Data processed in connection with the performance by us of our obligations under this agreement:
   (a) process that Personal Data only on your written instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to us to process Personal Data (Applicable Laws). Where we are relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you;
   (b) ensure that we have in place appropriate technical and organisational measures, reviewed and approved by you, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by us);
   (c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
   (d) not transfer any Personal Data outside of the European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled: (i) you and we have provided appropriate safeguards in relation to the transfer; (ii) the Data Subject has enforceable rights and effective legal remedies; (iii) we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and (iv) we comply with reasonable instructions you notify us in writing in advance with respect to the processing of the Personal Data;
   (e) assist you, at your cost, in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with Supervisory Authorities or regulators;
   (f) notify you without undue delay on becoming aware of a Personal Data breach and, in any event, within 24 hours;
   (g) at your written direction, delete or return Personal Data and copies thereof to you on termination of the agreement unless required by Applicable Law to store the Personal Data; and
   (h) maintain complete and accurate records and information to demonstrate our compliance with this clause 8.
9. GENERAL PROVISIONS
   9.1 The rights provided under this agreement are granted to you only, and shall not without our prior written consent be considered granted to any Affiliate of yours. You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement.
   9.2 We may not without Your prior written consent, assign, transfer or charge any of Our rights in this Agreement save in respect of Affiliates of Ours.
   9.3 This agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
   9.4 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
   9.5 Any notice to be served pursuant to this Agreement shall be sent by email to the address You advise, or, in Our case to [•] or such other address as We advise You from time to time.
   9.6 This contract agreement and the Licence Fee invoice constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this agreement. Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this agreement or not) other than as expressly set out in this agreement. The only remedy available to it for breach of the agreement shall be for breach of contract under the terms of this agreement.
   9.7 English law governs this agreement and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales in respect of all claims (including non-contractual claims).
   9.8 This Agreement may be executed by electronic signature. You hereby waive any and all rights to dispute the validity, legality or enforceability of such method of execution as evidence of the existence of legal relations pursuant to the Agreement for the purposes of proceedings issued in respect of any of its terms.

by Alex Barlow

Memberships

Memberships

Terms & conditions for memberships - Agriconnect

1. DEFINITIONS
   You or Your: The person, firm, corporation or other organisation entering into this agreement with us by accepting these terms. Where the context so requires, You or Your includes your Authorised Users.
   Us, We, or Our: Arc Media Holdings Limited (company number 13558953), trading as Agriconnect.
   Affiliates: in respect of any person to whom the term Affiliate refers a company, corporation or partnership or other business entity (“entity”) which is directly or indirectly controlled by or under substantially common control with or controls (as the case may be) the person so referred to and for this purpose “control” means the power of an entity to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership, agreement or other document regulating the entity in question) that the entity’s affairs are conducted in accordance with its wishes.
   Authorised Users: those persons listed in the Order or such other persons as are agreed by the parties from time to time.
   Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 5.
   Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including without limitation the UK GDPR (having the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018), the Data Protection Act 2018 (and regulations made thereunder), the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and all other legislation and regulatory requirements in force from time to time which apply in relation to the use of Personal Data. “Data Controller”, “Personal Data” and “Data Subject” have the meanings in the Data Protection Legislation.
   Digital Materials: the electronic materials described more fully in the Order under ‘Services’
   Materials: the Print Materials and Digital Materials.
   Order: the order form completed and signed by the parties or other written confirmation setting out the particulars of the membership We are to provide You.
   Print Materials: the printed physical materials described more fully in the Order under ‘Services’
   Services: the provision of Materials.
   Member Data: The data input by you (and anyone authorised by you) for use in conjunction with the Materials.
   Membership Fee: The membership fee for the Services to be provided under this agreement, as specified in our invoice relating to this agreement.
   Membership Period: The period in respect of which either (a) a Membership Fee is payable for the Services, as specified in our invoice relating to this agreement or (b) a free trial is to operate as specified in writing by Us.
   Term: the period starting from the Start Date and expiring on the End Date as set out in the Order;
   Your Sites: All sites, offices and locations that you and we have agreed are covered by this agreement and are listed in the Order.
2. AUTHORITY AND LICENCE FOR USE OF DIGITAL MATERIALS
   2.1 We authorise you and/or your Authorised Users to use the Digital Materials specified in the Order on a non-exclusive basis for the Term for which you agree to pay us the Membership Fee save insofar as You and We have agreed that the Digital Materials will be provided without charge for a limited trial period in which case the balance of these Terms and Conditions shall be binding. For the avoidance of doubt, free trial periods may not be renewed or repeated without Our express written consent.
   2.2 The Membership Fee shall be paid to Us save insofar as the Order provides that the Membership Fee may be paid via a third party agent of Yours (“Third Party Agent”). In the event that payment is made via a Third Party Agent You shall indemnify Us and keep Us indemnified against any loss, damage, costs and expenses We suffer or incur as a result of any default by the Third Party Agent in making payment of the Membership Fee in accordance with the terms of the Order as otherwise set out in this agreement.
   2.3 The authorities and licences set out in clause 2.1 above and 3.1 below start when you enter into this agreement and end
   (a) if the Membership Period expires without your agreeing to renew this agreement on the terms and Membership Fee then applying; or
   (b) If this agreement is terminated under clause 8.
   2.4 You and/Your Authorised Users may:
   (a) Search, view, copy and print out material containing Digital Materials for your own use;
   (b) Access the Digital Materials while away from your principal place of work.
   2.5 You shall not:
   (a) Attempt to duplicate, modify, disclose or distribute any portion of the Digital Materials except as expressly permitted in this Agreement; or
   (b) Host the Digital Materials (or any copy or copies thereof) on any server or other device or otherwise provide access to the Digital Materials (or any copy or copies thereof) except as expressly permitted in this Agreement
3. AUTHORITY AND LICENCE FOR USE OF PRINT MATERIALS
   3.1 We authorise you to use the Print Materials specified in the Order on a non-exclusive basis for the Term or which you agree to pay Us the Membership Fee save insofar as You and We have agreed that the Print Materials will be provided without charge for a limited trial period in which case the balance of these Terms and Conditions shall be binding..
   3.2 You may copy the Print Materials for Your own internal use;
   3.3 You shall not attempt to reproduce or distribute any portion of the Print Materials except as expressly permitted in this Agreement.
4. YOUR OBLIGATIONS
   4.1 You will take all steps necessary to ensure that Authorised Users comply with the terms of use of the Services in this agreement and do not:
   (a) copy, print out or otherwise reproduce any Materials nor any material relating to part of the Services, except as permitted under this Agreement or authorised by us in writing;
   (b) make any part of the Materials or of the Services available to anyone whose principal place of work is not one of your organisation’s sites, except as permitted under this agreement or authorised by us in writing;
   (c) Alter any part of the Materials or Services; or
   (d) Purport to assign or otherwise dispose of your rights under this agreement.
   4.2 You will take reasonable steps to ensure that nobody other than Authorised Users accesses the Materials or Services using accounts created with your username and password, including without limitation taking all necessary steps to ensure that no part of the Materials or Services is accessible to an Authorised User after his or her employment by You ends. You will be required to co-operate with Our reasonable requirements from time to time in this regard.
   4.3 You acknowledge and agree that we and our licensors own all intellectual property rights in the Materials. Except as expressly stated to the contrary, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Materials or any related documentation.
   4.4 You are responsible for configuring your information technology, computer programs and platform in order to access the Services. Notwithstanding clause 5.2, you should use your own virus protection software.
   4.5 In the event that You are unable to access the Digital Materials for a period exceeding 48 hours’ duration You must inform Us no later than 7 days thereafter. We are unable to accept any liability in respect of loss and damage arising from any failure to comply with the foregoing requirement.
   4.6 You shall provide us such copies of documentation as We reasonably require from time to verify Your compliance with the terms of this Agreement.
   4.7 We reserve the right to suspend provision of the Services in the event that you fail to make payment of the Membership Fee in accordance with the relevant invoice. In the event such right is exercised provision of the Services shall be restored on our receipt of full payment of the outstanding Membership Fee.
5. OUR OBLIGATIONS
   5.1 We warrant that you will not infringe any third party intellectual property rights by using the Materials.
   5.2 We will take reasonable steps to ensure that any data files we supply to you as part of the Service are virus-free.
   5.3 We will use our best endeavours to ensure that Member Data is maintained securely and is properly backed-up. In the event of any loss or damage to Member Data, your sole and exclusive remedy shall be that we use our best endeavours to restore the lost or damaged Member Data from the latest back up of such Member Data. We shall not be responsible for any loss, destruction, alteration or disclosure of Member Data caused by any third party (except those third parties sub-contracted by us to perform services related to Member Data maintenance and back-up).
   5.4 We will use all reasonable endeavours to ensure that the Services are provided continuously and that access to our website is not interrupted by any event within our control. We will notify you in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom business hours.
6. CONFIDENTIALITY
   6.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under this agreement. A party’s Confidential Information shall not be deemed to include information that:
   (a) Is or becomes publicly known other than through any act or omission of the receiving party; or
   (b) Was in the other party’s lawful possession before the disclosure; or
   (c) Is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
   (d) Is independently developed by the receiving party, which independent development can be shown by written evidence; or
   (e) Is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
   6.2 Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this agreement.
   6.3 Each party shall use its best endeavours to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed except in accordance with the terms of this agreement.
   6.4 Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party (except, in our case, those third parties sub-contracted by us to perform services related to Member Data maintenance and back-up).
   6.5 We acknowledge that the Member Data is your Confidential Information.
   6.6 This clause shall survive termination of this agreement, however arising, by two years.
7. LIABILITY
   7.1 This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
   (a) Any breach of this agreement;
   (b) Any use made by you of the Services or any part of them; and
   (c) Any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with this agreement.
   7.2 Except as expressly and specifically provided in this agreement all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
   7.3 Nothing in this agreement excludes our liability:
   (a) For death or personal injury caused by our negligence; or
   (b) For fraud or fraudulent misrepresentation.
   7.4 Subject to clause 7.3 above:
   (a) we shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and
   (b) our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Services during the 12 months preceding the date on which the claim arose.
   7.5 Under this clause, our liability includes that of any Affiliate and our and their respective agents, employees and sub-contractors, you includes any other party claiming through you and loss or damage includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with the Services, whether under this Agreement or other agreement or in consequence of any misrepresentation, misstatement or tortious act or omission, including negligence.
   7.6 We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
8. TERMINATION
   8.1 This agreement will terminate if you are in material breach of any of its terms and if the breach is not remedied within the period of twenty working days after written notice of it has been given to you.
   8.2 On termination of this agreement for any reason:
   (a) All licences granted under this agreement shall immediately terminate;
   (b) Subject to the exceptions in this sub-clause, you will take reasonable steps to delete the Materials from your electronic media, including your intranet and electronic storage devices so that you no longer have an electronically functional copy of any part of the Materials. You are not required to delete or destroy printouts containing Materials that were made prior to termination, or copies of such printouts;
   (c) We may destroy or otherwise dispose of any of the Member Data in our possession unless we receive, no later than ten days after the effective date of the termination or expiry of this agreement, a written request for the delivery to you of a print-out of the then most recent back-up of the Member Data. We shall use reasonable endeavours to deliver the print-out to you within 30 days of receipt of such a written request, provided that you have, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). You shall pay all reasonable expenses incurred by us in delivering such print-out; and
   (d) Termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
   8.3 This agreement will renew for further terms equal in duration to the Term on the same terms as set out in the Order save in respect of the Licence Fee which may be increased by up to 5 (five) percent in respect of each such renewal. The provisions of the preceding sentence shall not take effect if You provide written notice to Us that You wish the agreement to terminate not less than 30 days prior to the expiry of the then current Term or renewal thereof.
9. DATA PROTECTION
   9.1 You and we will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
   9.2 You and we acknowledge that for the purposes of the Data Protection Legislation, we are the Data Controller.
   9.3 Without prejudice to the generality of clause 9.1, you shall ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of this Agreement.
   9.4 Without prejudice to the generality of clause 9.1, we shall, in relation to any Personal Data processed in connection with the performance by us of our obligations under this agreement:
   (a) process that Personal Data only on your written instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to us to process Personal Data (Applicable Laws). Where we are relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you;
   (b) ensure that we have in place appropriate technical and organisational measures, reviewed and approved by you, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by us);
   (c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
   (d) not transfer any Personal Data outside of the UK or European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled: (i) you and we have provided appropriate safeguards in relation to the transfer; (ii) the Data Subject has enforceable rights and effective legal remedies; (iii) we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and (iv) we comply with reasonable instructions you notify us in writing in advance with respect to the processing of the Personal Data;
   (e) assist you, at your cost, in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with Supervisory Authorities or regulators,
   (g) at your written direction, delete or return Personal Data and copies thereof to you on termination of the agreement unless required by Applicable Law to store the Personal Data; and
   (h) maintain complete and accurate records and information to demonstrate our compliance with this clause 9.
10. GENERAL PROVISIONS
    10.1 The rights provided under this agreement are granted to you only, and shall not without our prior written consent be considered granted to any Affiliate of yours. You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement.
    10.2 We may not without Your prior written consent, assign, transfer or charge any of Our rights in this Agreement save in respect of Affiliates of Ours.
    10.3 This agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
    10.4 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
    10.5 Any notice to be served pursuant to this Agreement shall be sent by email to the address You advise, or, in Our case to [•] or such other address as We advise You from time to time.
    10.6 This agreement and the Membership Fee invoice constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this agreement. Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this agreement or not) other than as expressly set out in this agreement. The only remedy available to it for breach of the agreement shall be for breach of contract under the terms of this agreement.
    10.7 English law governs this agreement and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales in respect of all claims (including non-contractual claims).
    10.8 This Agreement may be executed by electronic signature. You hereby waive any and all rights to dispute the validity, legality or enforceability of such method of execution as evidence of the existence of legal relations pursuant to the Agreement for the purposes of proceedings issued in respect of any of its terms.

by Alex Barlow

Privacy Policy

Privacy policy

1. INTRODUCTION
   Agriconnect and all companies within its Group (which means all of our subsidiaries, our holding companies and its subsidiaries as defined in section 1159 of the Companies Act 2006) (“Agriconnect” or “We”) are committed to protecting and respecting your privacy.

This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 2018 (“the Act”), the data controller is Agriconnect of Unit 4 Caxton Road, Fulwood, Preston, PR2 9NZ.

Our nominated representative for the purpose of the Act is Emma Scheck.

2. INFORMATION WE MAY COLLECT FROM YOU
   We may collect and process the following data about you:

• Information that you provide by filling in forms on our sites, and which may be amended from time to time (“our sites“). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
• If you contact us, we may keep a record of that correspondence.
• We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
• Details of transactions you carry out through our site and of the fulfilment of your orders.
• Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

3. IP ADDRESSES
   We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
4. COOKIES
   For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. Some of the cookies we use are essential for the site to operate. For detailed information on the cookies we use and the purposes for which we use them see our Cookies Policy for more information.
5. WHERE WE STORE YOUR PERSONAL DATA
   The data that we collect from you may be transferred to, and stored at, a destination outside the UK or the European Economic Area (“EEA”). It may also be processed by staff operating outside the UK or the EEA working for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely, in accordance with your rights and in accordance with this privacy policy.
   All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
   Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
6. USES MADE OF THE INFORMATION
   We use information held about you in the following ways:

• To ensure that content from our site is presented in the most effective manner for you and for your computer.
  To administer our site or subscription services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes
• To provide you with information, products or services that you request from us or which we believe may interest you based on the data you give us or your preferences, or where you have consented to be contacted for such purposes, such as a whitepaper or an invitation to an event.
• To carry out our obligations arising from any contracts entered into between you and us.
• To allow you to participate in interactive features of our service, when you choose to do so.
• To notify you about changes to our service, your subscription or our contract with you.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post, email or telephone.

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you using methods appropriate to the data you have submitted to us or the data we hold.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please contact Emma Scheck using the details set out in paragraph 10 below. Please note, if you request a whitepaper prepared by, or an invitation to an event, hosted by a third party, we will pass your details to that third party to fulfil your request.

7. HOW WE PROTECT YOUR DATA
   We have put in place security procedures and technical and organisational measures to safeguard your personal information. Access to all internal data servers is limited to the specialist data protection personnel and is controlled via active directory authentication using defined policies to control password expiry and renewal.
8. DISCLOSURE OF YOUR INFORMATION
   We may disclose your personal information to any member of our Group. We may also disclose your personal information to third parties under the following circumstances:

• business partners, suppliers and sub-contractors for the performance of any contract we enter into with you including in relation to the supply of information or invitations to events;
• business partners and suppliers where you have agreed to this;
• in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• if Agriconnect or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our rights, to view our terms and conditions of use and other agreements; or to protect the rights, property, or safety of Agriconnect, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

9. HOW LONG WE WILL KEEP YOUR DATA
   We will keep your data all the time you have a current subscription or contract with us.

We may keep data you provide us for 24 months. We may keep other data about you for 36 months.

10. YOUR RIGHTS
    You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by ticking certain boxes on the forms we use at the time we collect your data or at any other time.

You also have the right to:

• request access to, deletion of or correction of, your personal data
• restrict or object to processing your personal data
• withdraw your consent where the processing was based on that consent, but note that this does not affect any processing not based on your consent
• request we transfer your personal data to another person
• complain to our nominated representative in which case we will follow our internal complaints procedure

In each case described above, please contact please contact Emma Scheck using the details set out in paragraph 12 below.

You can also complain to the Information Commissioner’s Office or other relevant supervisory authority.

11. EXTERNAL LINKS
    Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
12. ACCESS TO INFORMATION
    You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please contact Emma Scheck either by email to [email protected]or by post to her at Agriconnect, Unit 4 Caxton Road, Fulwood, Preston, PR2 9NZ.

We want to ensure that your personal information is accurate and up to date. If any of the information that you have provided to us changes, for example if you change your email address or name, please let us know the correct details by writing to Emma Scheck as above. You may ask us, or we may ask you, to correct information you or we think is inaccurate, and you may also ask us to remove information which is inaccurate.

13. CHANGES TO OUR PRIVACY POLICY
    Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email.
14. HOW TO CONTACT US
    Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to  Emma Scheck at [email protected]or by post to her at Unit 4 Caxton Road, Fulwood, Preston, PR2 9NZ.

by Agriconnect