YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THE LIMITATION OF LIABILITY CLAUSE.
Awards the award event that the Entrant has submitted an entry form for, to the Organiser.
Entrant the organisation who submits an entry for any Awards event with the Organiser.
Organiser Services For Tourism Limited, a registered company incorporated and registered in England and Wales with company number 6560398 whose registered office is at Suite D, Pinbrook Court, Venny Bridge, Exeter, EX4 8JQ.
A reference to a statute or statutory provision is a reference to it as it is in force on the Commencement Date.
Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
A reference to writing or written includes email but not fax.
Basis of contract
The Contract shall come into existence when the Entrant submits an Awards entry to the Organiser (Commencement Date).
These terms apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
By entering the Awards, the Entrant will be deemed to have read and understood these terms and to be bound by them. These terms include any instructions set out with the Entry Form.
Entries will only be accepted from businesses that meet current & relevant Legal and Licensing Compliance. The judges reserve the right to decline an entry if in their opinion this cannot be confirmed.
There is no restriction on the number of entries or on the number of categories for which entries may be submitted.
Entries must be received no later than the deadline shown on the website.
Entries will only be accepted if they are submitted on the entry form and completed in full.
Responsibility cannot be accepted for any lost, late or mislaid entry and any entry which is damaged, defaced, illegible or incomplete, or which otherwise does not comply with these terms may be deemed invalid at the sole discretion of the Organiser.
The Organiser reserves the right to split or merge categories if the volume or diversity of entrants warrants it. The Organiser also reserves the right to move entries from one category to another should this result in a better ‘category match’. Should either of these changes occur we will consult with all businesses affected.
It is a requirement of entry that the Entrant agrees to waive or refund the cost of a mystery visit should an entry be successfully shortlisted and a mystery visit arranged. A mystery visit will normally include all elements identified in an entry, including overnight accommodation if the entry is from an accommodation provider, for up to 2 visitors or up to 4 for a family attraction. Should the Entrant be nominated in the national VisitEngland awards a further visit may take place. Receipt of an Entrants Awards entry is taken as agreement to this requirement.
For Entrants that are nominated to represent the region in the VisitEngland awards the entry is taken as agreement that we may share our mystery shop reports with the VisitEngland judges. Please note that if and Entrant has won gold in the VisitEngland awards this year they will not be able to enter the same category in next year’s VisitEngland awards.
The judges may decline to make some or all of the Awards in any category if in their opinion there are insufficient entries of a winning standard.
The prize for each winner will be a trophy. There is no cash alternative.
The decision of the Chairman of the judges on all matters affecting this competition is final and legally binding.
No correspondence will be entered into beyond giving general feedback.
Winners and finalists may be required to take part in some post-event publicity and consent to their name and images being used for such purposes. Finalist contact details may also be shared with sponsors.
The Organiser licences any winner to use the appropriate Award finalist or winner logo in connection with its award providing the year won is stated.
The Organiser reserves the right to amend any details of the Awards, if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Awards, and the Organiser shall notify the Entrant in any such event.
Intellectual property rights and data
All Intellectual Property Rights in or arising out of or in connection with the Awards (other than Intellectual Property Rights in any materials provided by the Entrant) shall be owned by the Organiser.
The Entrant grants to the Organiser a fully paid-up, worldwide, non-exclusive, royalty-free licence to the Entrant’s Intellectual Property Rights during the term of the Contract for the purpose of delivering the Awards.
The Entrant shall not sub-license, assign or otherwise transfer the rights granted by this agreement.
Limitation of liability: THE CLIENT'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
Nothing in the Contract shall limit or exclude the Organiser's liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be limited or excluded by applicable law.
Subject to the above paragraphs, the Organiser shall not be liable to the Entrant, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for any indirect or consequential loss, including but not limited to loss of profits, sales or business, agreements or contracts, anticipated savings, use or corruption of software, data or information, and damage to goodwill.
Subject to the above paragraphs, the Organiser's total liability to the Entrant, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to 100% of the total charges paid under the Contract.
This clause shall survive termination of the Contract.
Neither party shall be in breach of the contract nor liable for delay in performing, or failure to perform, any of its obligations under the contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
The Organiser may assign or sub-contract any of its obligations under this Contract and shall notify the Entrant of the same.
Each party undertakes that it shall not at any time during the Contract, and for a period of three years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, Clients, clients or suppliers of the other party, except as permitted by this agreement.
Each party may disclose the other party's confidential information:
- to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.
The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
Nothing in this clause shall limit or exclude any liability for fraud.
Except as set out in these terms, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
A notice given to a party under or in connection with these terms shall be in writing and sent to the party at the address given in this Contract or as otherwise notified in writing to the other party.
The following table sets out methods by which a notice may be sent and its corresponding deemed delivery date and time:
Deemed delivery date and time
Delivery by hand or courier.
On signature of a delivery receipt or at the time the notice is left at the address.
Pre-paid first class post or other next working day delivery service providing proof of postage.
Midday on the second business day after posting or at the time recorded by the delivery service – whichever is earlier.
At the time of transmission if during Business Hours, otherwise at 10:00 on the next business day after transmission.
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Third party rights
A person who is not a party to this Contract shall not have any rights under or in connection with it.
Governing law & Jurisdiction
The validity, construction and performance of the Contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Entrant and Organiser submit.
- Posted: 23rd November 2017
- DEVON TOURISM AWARD FINALISTS ANNOUNCED Posted: 9th October 2017
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