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Interpretation
These terms and conditions are agreed between you, the delegate ("you") and Edisea Limited, a company incorporated and registered in England and Wales with company number 02650007, trading as Boat International Media ("we" / "us" / "our") in relation to your registration and application for a place at the Superyacht Design Symposium (the "Event") taking place in New York on Monday 26 and Tuesday 27 October 2009.
Headings in these terms are for convenience only and shall not affect their interpretation.
Applications
We reserve the right at our absolute discretion to decline any application that we receive.
Acceptance of any application is subject to availability
Payment
Once you have registered and your application has been accepted the total delegate fee becomes payable immediately and in full and you agree to pay the total amount of US$1,650.00 (US$1,350.00 if a proven SYBAss member or member of one of the associated yacht clubs: New York Yacht Club, Royal Yacht Squadron, Royal Thames Yacht Club, Royal New Zealand Yacht Club, Yacht Club Costa Smeralda and Royal Institution of Naval Architects (please provide proof of membership below).
Payment can be made by credit or debit card for which you must provide us with complete and accurate payment information. A confirmation email will be sent to you on receipt of payment to confirm your registration.
Time for payment shall be of the essence.
Cancellation
Please notify us if you are subsequently unable to attend, in writing. You will receive written confirmation of your cancellation.
If you cancel your place 24 August 2009 (2 months before the date of the Event), you will be charged US$500 in respect of the administrative costs of the cancellation. You will be refunded the balance of the total price paid.
If you cancel your place after 24 August 2009 (less than 2 months before the date of the Event), you will receive no refund.
Cancellation charges cover the costs of catering, personalised programme packs and identification badges booked in advance as well as the costs of administering your cancellation.
If you are unable to attend, your place is transferable at our absolute discretion. Where you intend to transfer your place, you must notify us in writing of the name, position and company of the person intending to take your place.
Third Party Rights
Only registered delegates have access to the 2 day symposium. You will be given an identification badge, which must be shown upon request. A person who is not a party to these terms shall not have any rights under or in connection with it.
Variations and Force Majeure
We reserve the right to change the programme, speakers, dates or venue at any time, without notice.
We shall have no liability to you under these terms if we are prevented from, or delayed in performing, our obligations under these terms or from carrying on our business including changing venues or speakers by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport 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, storm (suspected or threatened) act of terrorism or default of suppliers or subcontractors. We shall endeavour to reschedule the Event if possible.
Exclusions and Limitations on Liability
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms and conditions.
To the fullest extent permitted by law (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise), we, our employees and our associated companies shall not be liable for:
(a) any direct loss or damage to your property;
(b) indirect or consequential loss (which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of bargain, depletion of goodwill and like loss) howsoever caused arising out of or in connection with any breach by us or our associated companies of any express terms and conditions; or
(c) any inconvenience or loss caused to any party as a result of cancellation or termination under these terms.
Nothing in these terms and conditions limits or excludes the liability us or our associated companies:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or our associated companies.
Our (and our associated companies') total liability in contract, tort (including negligence or breach of statutory duty) shall be limited to the total price paid by you for your place at the Event.
Governing Law and Jurisdiction
These terms and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by, and construed in accordance with the law of England.
The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms or their subject matter.
Severance
If any provision of these terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the terms, and the validity and enforceability of the other provisions of the terms shall not be affected.
If a provision of these terms (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Entire Agreement
These terms constitute the whole agreement between the parties and supersede all previous agreements between the parties relating to its subject matter.
Each party acknowledges that, in entering into these terms, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract).
Nothing in these terms shall limit or exclude any liability for fraud.
Acceptance of Terms and Conditions
By ticking the box, you acknowledge that you have carefully read, understand and accept these terms and conditions and agree to be bound by their contents.
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