|Terms and Conditions|
Terms and conditions of membership
These terms and conditions govern all applications to join, and membership of, the EuroFinance Corporate Treasury Network (ECTN) operated by EuroFinance Conferences Limited. Access to and use of ECTN website at eurofinancectn.com (the “Website”) is subject also to the website terms and conditions provided at http://www.eurofinance.com/pages/terms-conditions
1. Application for membership, invitation to and participation in discussions and research
1.1 By completing and submitting a membership application form (online or in print) you are agreeing to be bound by the terms and conditions of ECTN as set out herein. Acceptance of an application for membership to ECTN is at the sole discretion of ECTN. ECTN’s decision is final and for the avoidance of any doubt ECTN is under no obligation to accept any application for membership or provide any reasons for any decision to accept or reject any application. 1.2 The benefits of membership of ECTN may vary over time. ECTN may invite a member to attend or to take part in benchmarking surveys, research studies, meetings and/or other initiatives (“Initiatives”) that ECTN may consider in its discretion to be appropriate to that member. Membership does not give the right to be involved in any specific Initiative(s) of ECTN. 1.3 You expressly agree and give your consent for ECTN to use any data submitted by you as part of the ECTN (including without limitation in any Initiative) and/or as part of any other activity or business of ECTN, provided that any such data is not attributed to you by name or by company affiliation.
2.1 Subject to the following provisions, the Agreement shall commence on the date ECTN confirms that an application for membership has been accepted and shall continue for a period of twelve months (the “Initial Term”), after which it shall automatically renew on an annual basis. Each party shall be entitled to terminate it at will earlier at any time upon giving to the other prior written notice of its intention to terminate, which notice shall take effect immediately. No refunds of amounts paid shall be payable if the Client exercises its right to terminate at will.
2.2 Either party may terminate this Agreement in the event the other party breaches a material provision of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of such breach, in which case the such party will have the right to terminate this Agreement immediately by giving written notice to the party in breach.
2.3 The rights of termination are in addition to all other rights or remedies of the parties provided in this Agreement or by law.
3. Your License to ECTN
3.1 As between you and ECTN, you own the content and information that you submit or post to the Services and you are only granting ECTN the following non -exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Website, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
a. You can end this license for specific content by deleting such content from the Website, or generally by closing your account, except (a) to the extent you shared it with others as part of the Website and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
c. We will get your consent if we want to give others the right to publish your posts beyond the Website. However, other members and/or visitors may access and share your content and information, consistent with your settings and degree of connection with them.
d. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
e. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.
By submitting suggestions or other feedback regarding our Website to ECTN, you agree that ECTN can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. ECTN may be required by law to remove certain information or content in certain countries.
3.2 By using the Website, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. ECTN generally does not review content provided by our members. You agree that we are not responsible for third parties' (including other members') content or information or for any damages as result of your use of or reliance on it.
ECTN reserves the right to limit your use of the Website. ECTN reserves the right to restrict, suspend, or terminate your account if ECTN believes that you may be in breach of this Agreement or law or are misusing the Website.
3.2 The Website allows messaging and sharing of information in many ways, such as your profile, pictures, links to news articles and blogs. Information and content that you share or post may be seen by other members or, if public, by visitors. Where ECTN have made settings available, we will honour the choices you make about who can see content or information. ECTN are not obligated to publish any information or content on the Website and can remove it in our sole discretion, with or without notice.4. Confidential information
4.1 You acknowledge that in the course of your membership, you may obtain confidential and/or proprietary information of ECTN, its affiliates and/or other members of ECTN. Save as may be required by law, you must hold such information in strict confidence and not disclose such information to anyone without the prior written consent of ECTN. This provision does not apply to information in the public domain or information that you have developed independently. You also agree to comply with the Chatham House Rule as set out in section 6.2 below. Breach of this provision will result in, without limitation to any other legal remedies, forfeiture of your membership without refund of any part of the membership fee (where membership fees have been charged).
4.2 The use and disclosure of lists containing personal information are regulated by data protection laws and such information is also subject to obligations of confidentiality. ECTN does not accept any obligation to supply any member with any lists or contact details of any person. You agree to comply with all applicable data protection and privacy laws and regulations (including without limitation the UK’s Data Protection Act 1998) and best practices relating to any and all personal information you may obtain as part of or in relation to ECTN, as well as any conditions imposed by ECTN in relation to such information.
If your membership application is accepted you will be allocated a unique username and/or password that will provide you with access to your online membership account and member profile on the Website. You are responsible for maintaining the confidentiality of your user name and password, and are fully responsible for all activities that occur through your online membership account with or without your permission. You agree to immediately notify ECTN if you become aware of any unauthorised use of your username and password or online membership account or any other breach of security.
6. Participation in telephone, in-person and/or web-based discussions
6.1 From time to time you may be invited, along with other members of ECTN, to attend and take part in moderated, themed telephone, web-based or in person discussions (the “Discussions”). ECTN cannot give any promise or guarantee about the schedule of a Discussion, the programme, the topics discussed, the speakers or attendees. ECTN will not be held responsible for any loss or damage arising from any change in such programme or the involvement of particular contributors or attendees, or from the cancellation of or any change in the date or medium of any Discussion for whatever reason. To ensure that the appropriate profile and seniority of attendees is maintained ECTN reserves the right to discourage or refuse the involvement and participation of any person at its absolute discretion. ECTN will have full and sole editorial control over the programme, topics, choice of moderators and panel selection at the Discussions. ECTN cannot accept any responsibility for the views expressed during or related to a Discussion. Any views expressed are those of individuals, and do not necessarily reflect the views or policies of ECTN.
6.2 You will be informed in advance if discussions are governed by the Chatham House Rule: you are free to use information received during your participation in a Discussion but in order to protect the anonymity of participants you are obliged to keep confidential and not to disclose the identity and/or affiliation of any speaker or participant of a Discussion.
7. Use of research
All Network Materials, including, but not limited to, any and all reports, data or other research, provided in accordance with your membership may only be used on an internal basis and solely for your own ordinary business purposes (which, for the avoidance of any doubt, shall exclude hosting the Network Materials or extracts from it on your organisation’s corporate intranet site or any other internal or external website and the distribution and/or disclosure of the Network Materials to any third party). You are not permitted to make any changes to or remove any legal and copyright notices on the Network Materials.
8. Warranties, indemnity and limitation of liability
8.1 ECTN gives no warranties in respect of membership entitlements, nor any aspect of the membership, and to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness and merchantability. Other than to the extent required as a matter of law: (i) neither ECTN nor its affiliates shall be liable for any indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the use of (or failure to use) or reliance on the membership entitlements including, but not limited to, any research and other information supplied by ECTN or obtained in connection with this Agreement; and (ii) the maximum aggregate liability of ECTN for any claim in any way connected therewith or this Agreement whether in contract, tort or otherwise (including any negligent act or omission) shall be limited GBP 1,000.00.
8.2 Neither ECTN nor its affiliates can accept any responsibility or liability for reliance by any person on the information presented in connection with ECTN.
8.3 You agree to indemnify and hold ECTN and its affiliates harmless from any and all liability, loss, damages, claims or causes of action, including without limitation legal fees and expenses that may be incurred by ECTN and/or any of its affiliates arising out of or in connection with this Agreement.
9. Changes to your membership
9.1 From time to time ECTN may add, change or remove features on the Website and/or enhance or change the features and/or levels of service that are provided as part of your membership. ECTN reserves the right to charge membership fees and change the levels of any membership fees, from time to time. In the event of such changes, you will be given at least 30 days’ notice of the introduction of or changes to membership fees and the opportunity to cancel your membership before such changes come into effect if you so desire. ECTN reserves the right to make changes to the ECTN membership, programme and entitlements at any time at its discretion.
The parties agree that: (i) nothing in this Agreement shall imply any partnership, agency or joint venture relationship between the parties; (ii) for the purposes of this Agreement, each party is acting solely as an independent contractor and has no power or authority to represent or bind the other party; (iii) “ECTN”, “EuroFinance” and “EuroFinance Conferences” are trade marks of EuroFinance Conferences Limited; (iv) the provisions of this Agreement, insofar as they have not been performed, shall remain in full force and effect notwithstanding expiry of membership; (v) except as expressly set out in this Agreement, no other rights or privileges are offered or implied in connection with the membership; (vi) the parties shall bear their own costs and expenses relating to the membership, except as expressly set out in this Agreement; (vii) where membership fees are payable time for payment shall be of the essence of the Agreement; (viii) nothing in this Agreement shall prevent or restrict ECTN from providing services to any party, including but not limited to services the same as or similar to those outlined in this Agreement; (ix) all rights in and to all work, materials and benefits created by ECTN shall be owned exclusively by ECTN; (x) this Agreement constitutes the entire agreement between the parties and supersedes any and all understandings, whether oral or written, between the parties, with respect to the subject matter hereof. (xi) This agreement is personal to you and your rights and obligations under these terms may not be assigned, sub-licensed or otherwise transferred; however, this agreement may be assigned to a third party by ECTN. In the event of a conflict between this agreement and any other terms, this agreement shall prevail.
12. Governing law and jurisdiction
This Agreement shall be governed under English law and the parties agree submit to the non-exclusive jurisdiction of the English courts.