General terms & conditions for products purchased and/or accessed online
1. Content of Agreement This agreement is made between you (as the “Buyer”) and International RFID Business Association (RFIDba) (as the “Seller”) from the time at which you first log on to www.International RFID Business Association (RFIDba).org (“the International RFID Business Association (RFIDba) Website”). It constitutes your acceptance of these Terms and Conditions in respect of your access to and use of the relevant Products. “Product(s)” are defined as information, publications or any other material produced by International RFID Business Association (RFIDba) that are restricted from general viewing unless the person has obtained a paying or trial subscription, username and password from International RFID Business Association (RFIDba). “Product(s)” also covers the International RFID Business Association (RFIDba) annual conference and International RFID Business Association (RFIDba) Workshops. In consideration of the payment of user fees by the Buyer, the Seller agrees to provide the Products according to the services ordered and accessed by the Buyer. The Buyer is in this contract defined as the legal entity registered as the user with access to the Products ordered. Unless otherwise agreed with the Seller, the registration gives access for one user (person) only. Redistribution internally and externally is illegal and subject to fines. (See Clause 3).
2. Confidentiality During and after termination of this contract, the parties shall keep confidential and not disclose all Confidential Information except where:
• it was already lawfully known, or became lawfully known to either of the parties independently;
• it is in, or comes into, the public domain other than due to wrongful use or disclosure by the Buyer;
• use of it is necessary to carry out this agreement; or
• disclosure is required by law.
Confidential Information means all information (whether written or oral) concerning the business and affairs or any other information of either party which is obtained or received as a result of the discussions leading up to, the entering into or the performance of this agreement. The Buyer is responsible for the use of the Products from the International RFID Business Association (RFIDba) Website using the Buyer’s username and password.
The Buyer is responsible for protecting and keeping secure their username and password from unauthorized use. The Buyer must not disclose their username and password to any other party, whether internally or externally (refer to Clause 3).
3. Product and distribution The Seller will endeavour to ensure that calculations, estimates and projections that it makes in the provision of the Product(s) will be done using prudent methods established by the Seller as an expert in this area. Redistribution (internally and externally) of all or part of the Product(s) in any form is illegal and punishable by fines up € 50 000 per violation. The Buyer cannot use all or parts of the Products or in any way communicate the contents and or results presented in the Products as part of a service or product offered to any third party without prior agreement.
4. Limitation of liability The Seller does not represent or warrant, at any time during the period of this contract, that access to or use of the Product(s) will be uninterrupted or error-free or that the Product(s) supplied is accurate or correct or that it meets any particular criteria of performance or quality. The Seller shall not be liable to the Buyer in contract, tort or otherwise for any loss of revenue, business, anticipated savings or profits, loss of goodwill or data and/or for any direct and/or indirect and/or consequential loss whatsoever and howsoever arising suffered or incurred in connection with the performance of the obligations under this agreement including, without limitation, in connection with the Product(s) (whether or not caused by the negligence of the Seller). The Product(s) is provided without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, correctness and delays. The Product(s), its contents and conclusions, are based on extrapolated calculations and are prognoses and opinions and must be interpreted as such. The Seller shall not be liable for any direct or indirect errors in the Product(s) or in its conclusions and advice.
The Buyer shall accept sole responsibility for and the Seller shall not be liable for the use of the Product(s) by the Buyer (or any user) and the Buyer shall hold the Seller harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of any such use. The Seller shall have no liability whatsoever for any liability of the Buyer to any third party which might arise. The Buyer assumes full responsibility and risk of, and the Seller shall not be liable for, any loss which results from any transactions or decisions made by the Buyer on the basis of the Product(s) supplied by the Seller. None of the terms of this contract shall operate to exclude or restrict the liability of the Seller for death or personal injury resulting from the negligence of the Seller.
5. Copyright The data, information, news, analysis, calculations, models, forecasts and systems contained in the Product(s) is the property of the Seller and all rights in such material are reserved and may not without the prior written consent of the Seller be reproduced, published or summarised for distribution or incorporation into a report or other document or otherwise relayed or distributed in any form or by any means whether internally or externally to third parties or persons who have not paid for the Product(s). Nothing shall confer on the Buyer or its agents any rights over or in the Product(s) save a license to use it upon and subject to the terms of this contract.
6. Force majeure The Seller shall not be liable to the Buyer under the terms of this contract or otherwise if the Seller’s breach of its contractual and/or other obligations to the Buyer are due in whole or in part to interruption and delay by reason of matters beyond its control (including but not limited to) acts of God, acts of any government, war, other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labour dispute and/or inability to obtain essential supplies and the like.
7. General provisions Nothing in this agreement shall create or be deemed to create a partnership or the relationship of principal and agent between the parties and the Buyer shall have no authority to buy or to make any representation or warranty on the Seller’s behalf. Neither this contract nor any part or portion may be assigned, sub-licensed or otherwise transferred by the Buyer without the Sellers prior written consent. The Seller may without the prior written consent of the Buyer assign any benefit or transfer, delegate or sub-contract any of their duties and obligations under this contract to any company which is associated with the Seller. Should any provision of this contract be held to be void and invalid, unenforceable or illegal by a court the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this contract will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
8. Law and jurisdiction These terms shall be governed by and construed in accordance with the laws of Belgium and the parties submit to the non-exclusive jurisdiction of the Belgium courts.
9. Changes to these Terms and Conditions International RFID Business Association (RFIDba) reserves the right to add to or change the provisions contained in these Terms and Conditions. The changes will come into effect as soon as they have been amended on the International RFID Business Association (RFIDba) Website and you will be deemed to have accepted them if you enter the Point International RFID Business Association (RFIDba) after that time. If you do not wish to accept the changes to the Terms and Conditions you must terminate this agreement (See clause 11). You are required to provide International RFID Business Association (RFIDba) with complete and accurate registration details and to update your information if it changes. If you fail to do so you will be in breach of this agreement.
10. Advertising Material Content appearing on the International RFID Business Association (RFIDba) Website may include advertising and other material submitted by parties other than International RFID Business Association (RFIDba) and the International RFID Business Association (RFIDba) Website will provide links to other sites operated by advertisers and third parties. It is the responsibility of such advertisers and third parties to ensure that such material and such sites comply with all relevant laws and regulations. (To the full extent permissible by law, International RFID Business Association (RFIDba) disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.
11. Term and Termination This agreement shall commence on the date that you first log on to the International RFID Business Association (RFIDba) Website and shall continue to renew automatically in 12 month intervals until terminated. You may terminate your subscription in respect of the Products by no less than sixty days written notice prior to the renewal date, however any refund of subscription fees paid is at International RFID Business Association (RFIDba)’s discretion. On expiry or termination of this agreement for whatever reason International RFID Business Association (RFIDba) will remove the Buyers access to the Products on the International RFID Business Association (RFIDba) Website immediately.
12. VAT If the Buyer is a VAT taxable company established for VAT purposes outside Belgium, no Belgium VAT will be charged since the VAT liability is shifted to the recipient of the service (reversed charge). VAT liability is shifted to the recipient in accordance with the Belgium VAT law. For details concerning issues related to VAT, please contact International RFID Business Association (RFIDba). Notes on online payment by credit card
• Cards accepted We currently accept payment by Visa and Mastercard. International RFID Business Association (RFIDba) takes no extra charges associated with these transactions.
• Credit Card Security To ensure the security of your credit card information we use the latest Secure Socket Layer (SSL) technology. SSL is currently the preferred method to securely transfer credit card and other sensitive data over the Internet.
Conferences and workshops (International RFID Business Association (RFIDba) annual conference and other International RFID Business Association (RFIDba) workshops) – Special conditions and exceptions from the above
13. Payment details Payment must be received at least 5 working days before the conference begins to guarantee admission. Admission is not guaranteed until receipt of payment
14. Cancellation/substitutions All cancellations must be made in writing. If a cancellation is received more than 15 working days before the conference begins, a full refund, less an administration fee of 20% of the full price + VAT, will be given cancellations received 10-15 working days before the conference starts will be will be entitled to a 50% discount, less the 20% administration fee + VAT. Regrettably, no refunds can be made for cancellations received less than 10 working days prior to the conference. Delegates can be substituted at any time prior to the event by contacting International RFID Business Association (RFIDba) at firstname.lastname@example.org. This clause supersedes Clause 11 “Term and Termination”.
15. Program/venue International RFID Business Association (RFIDba) reserves the right to make changes to the program/venue without prior notice.