Manchester Publicity Association - Event booking terms and conditions

Manchester Publicity Association – Event booking terms and conditions

About Us
- Our Details. Manchester Publicity Association (we and us) is an unincorporated association, and our main trading address is MPA, c/o Barry Dearden, Trinity Mirror PLC, Hollinwood Ave, Chadderton, Oldham OL9 8EP. We operate the website mpa.org.uk .
- Contacting Us. To contact us, you can email us at cindy@mpa.org.uk. How to give us formal notice of any matter under the Contract is set out in clause 2.
Our Contract With You
- Our Contract. These terms and conditions (Terms) apply to the order by you under whose terms you attend our events (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
- Entire Agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
- These Terms and the Contract are made only in the English language.
- Your copy. You should print off a copy of these Terms [or save them to your computer] for future reference.
Placing An Order And Its Acceptance
- Placing Your Order. Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy a ticket to attend the event specified in the order (Ticket) subject to these Terms.
- Correcting input errors. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
- If We Cannot Accept Your Order. If we are unable to supply you with a Ticket for any reason, we will inform you of this by email. If you have already paid for the Ticket, we will refund you the full amount.
Cancelling your order and obtaining a refund
- You may cancel the Contract and receive a refund, if you notify us as set out in clause 2 no later than 14 days prior to the event to which your Ticket relates.
- To cancel the Contract, you must notify us by e-mail using the contact details set out in clause 1.2, quoting your order number. We will email you to confirm we have received your cancellation.
- If you cancel the Contract prior to the period referred to in clause 4.1 above, we will refund you in full for the price you paid for the Ticket, by the method you used for payment.
- Any refunds requested within 14 days of the event to which your Tickets related will be considered on a case-by-case basis, and at our sole discretion.
Our Ticket
- Any descriptions of events on our site are published for the sole purpose of giving an approximate idea of the Ticket to which they relate. They will not form part of the Contract or have any contractual force.
- Compliance. Subject to our right to amend to the details of the event to which it relates, (see clause 3) we will supply the Ticket to you in accordance with the information relating to the Ticket appearing on our website at the date of your order in all material respects.
- Changes To Events. We reserve the right to amend the details (including location, timing and capacity) of the event to which the Ticket relates if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect its nature or quality of the Ticket, and we will notify you if any such amendment is necessary.
Your Obligations
- It is your responsibility to ensure that:
  - the terms of your order are complete and accurate;
  - you provide us with such information as we may reasonably require in order to supply you with a Ticket, and ensure that such information is complete and accurate in all material respects; and
  - you comply with any and all rules and regulations governing the venue at which the event to which the Ticket relates takes place. We are not responsible for any loss and/or damages to any property which you bring to any venue, which you do at your own risk. If you use any parking facilities at a venue, you do so entirely at your own risk and we do not accept any responsibility for any loss or damage arising from your use of any such parking facilities. We reserve the right to refuse admission to any event to any person who we believe (acting in our absolute discretion) should not be admitted and to remove anyone from an event who behaves in a disruptive, offensive, dangerous, unlawful or unsafe manner.
- If our ability to provide you with a Ticket is prevented or delayed by any failure by you to fulfil any obligation listed in clause 1 (Your Default):
  - we will be entitled to suspend performance of the Ticket until you remedy Your Default, and to rely on Your Default to relieve us from our obligation to provide you with a Ticket, in each case to the extent that Your Default prevents us from doing so. In certain circumstances Your Default may entitle us to terminate the Contract under clause 15 (Termination); and
  - we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to provide you with a Ticket,
Tickets Only Available To Purchasers In The UK
- Unfortunately, we are unable to provide Tickets to anyone outside the UK.
Charges
- In consideration of us providing the Ticket you must pay our charges (Charges) in accordance with this clause 8.
- The Charges are the prices quoted on our site at the time you submit your order.
- We take all reasonable care to ensure that the prices stated for the Tickets are correct at the time when the relevant information was entered into the system. However, please see clause 5 for what happens if we discover an error in the price of the Ticket you ordered.
- Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Ticket you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
- It is always possible that, despite our reasonable efforts, some Tickets on our site may be incorrectly priced. Where the correct price for the Ticket is less than the price stated on our site, we will charge the lower amount, and if the correct price for the Ticket is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Ticket at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may not provide you with a Ticket and refund you any sums you have paid.
How To Pay
- You can pay for your tickets directly through the website via credit card when you make your booking. Alternatively, you can opt for us to send you an invoice after you have made your booking. We will aim to send you your invoice within 7 days of you making your booking. Payment details will be on the invoice.
- Payment for all Tickets is required prior to the event booked. Our payment terms are strictly 30 days from the date of invoice or prior to the date of the event (whichever is earliest). These are our event terms and conditions and override any individual business’ own terms and conditions.
Complaints – If a problem arises in relation to a Ticket, please contact us using the details in clause 1.2 above.

How We May Use Your Personal Data
- We will use any Personal Data you provide to us to:
  - provide the Ticket;
  - process your payment for the Ticket; and
  - inform you about other events, but you may stop receiving these at any time by contacting us.
- We will process your Personal Data in accordance with our Privacy Policy, the terms of which are incorporated into this Contract.
- We may take photograph, capture video footage or record audio at any event, which may be used in thought leadership, marketing and promotional material.
Intellectual Property – We are the owners or licensees of any and all intellectual property rights relating to any event, and you are not granted any rights to use any of those rights, including without limitation in relation to event descriptions or materials, as a result of placing an order. No audio or visual recordings of an event can be created without our express consent.

Limitation Of Liability
- We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £[] per claim. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.
- Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
  - death or personal injury caused by negligence;
  - fraud or fraudulent misrepresentation; and
  - breach of the terms implied by section 2 of the Supply of Goods and Ticket Act 1982 (title and quiet possession).
- Subject to clause 2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
  - loss of profits;
  - loss of sales or business;
  - loss of agreements or contracts;
  - loss of anticipated savings;
  - loss of use or corruption of software, data or information;
  - loss of or damage to goodwill; and
  - any indirect or consequential loss.
- Subject to clause 2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.
- Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire six months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
- This clause 13 will survive termination of the Contract.
Confidentiality
- We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 2.
- We each may disclose the other’s confidential information:
  - to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 14; and
  - as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
Termination, Consequences Of Termination And Survival
- Termination. Without limiting any of our other rights, we terminate the Contract with immediate effect by giving written notice to you if:
  - you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within seven days of you being notified in writing to do so;
  - you fail to pay any amount due under the Contract on the due date for payment;
  - you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business [or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction];
  - you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
  - your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
- Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract or our obligation to hold any event that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
  - we will contact you as soon as reasonably possible to notify you; and
  - our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
- You may cancel the Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Ticket up to the date of the occurrence of the Event Outside Our Control.
Communications Between Us
- When we refer to “in writing” in these Terms, this includes email.
- Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be SENT BY email.
- A notice or other communication sent via e-mail is deemed to have been received at 9.00 am the next working day after transmission.
- In proving the service of any notice by email, that such email was sent to the specified email address of the addressee.
- The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
General
- Assignment And Transfer
  - We may assign or transfer our rights and obligations under the Contract to another entity.
  - You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
- Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
- If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
- Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- Third Party Rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
- Governing Law And Jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.