Terms and Conditions
Standard Conditions of Business – Oliver Billson
(For Partnered Marketing Terms & Conditions, Click Here)
Introduction to Terms & Conditions
These terms and conditions apply between all Users of this Website (including but not limited to Members), and Oliver Billson, the owner(s) of this Website. Additionally these terms and conditions apply to the use of and (where applicable) purchase of Oliver Billson Products and Services, including but not limited to Membership subscriptions and Events and the placing of advertising with Oliver Billson. Please read these terms and conditions carefully, as they affect your legal rights.
1. Acceptance of Terms
1.1 Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the Oliver Billson Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.2 Oliver Billson reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
1.3 If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
2. Definitions and Interpretations
2.1 Throughout this terms and conditions, the following words will have the following meanings set against them:
“Advertising” such individual media advertising campaign or programme of advertising that is purchased by the Client from Oliver Billson;
“Advertisement” including display, classified, inserts, directories, banners, mini-sites, button Advertisements and any other announcement designed to publicly promote activities including Campaigns and Programmes;
“Advertising Agency/Agent” – individual or company instructed to act on behalf of the Client as an agent;
“Attendee” any person attending an Event in person or whom has access to an Online Event;
“Content” any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Copy Date” Agreed deadline to supply advertising materials by;
“Client” any individual or company purchasing Advertising from B2B Marketing;
“Directories” shall mean the Members Directory and Suppliers Directory collectively;
“Event” any live event hosted by Oliver Billson, including but not limited to any training, seminar, workshop, conferences, summits and awards event as the same may be attended in person or as an Online Event;
“Free Membership” or “Guest membership” any Membership Product that is offered by Oliver Billson free of charge in consideration for registering via the Website and agreeing to these terms and conditions;
“Member(s)/ Partner(s)” Users who have an active subscription to a Membership Product;
“Membership Product(s)” Services and Content offered to Members in a subscription package upon registering as a Member depending on the specific Membership tier that they have purchased;
“Membership” a Members subscription package to a Membership Product;
“Online Event” an Event at which Attendees do not attend in person, but are given access to a virtual Event online via various interactive tools, including live and on-demand video streaming, web conferencing and online training courses;
“Partner” third parties (who may or may not be Members or Users) whom have licensed Third Party Content to Oliver Billson in the form of Partner Downloads;
“Partner Download(s)” Third Party Content in the form of a Report created by Partners and which has been uploaded to the Website and available to Users on terms as specified on the relevant part of the Website;
“Privacy Policy” Oliver Billson’s current Privacy Policy as the same may be amended from time to time and currently viewable on the Oliver Billson website
“Products” physical copies of content in print form or otherwise including print copies of Reports and copies of the Magazine;
“Programme” succession of Campaign(s) managed by Oliver Billson;
“Report(s)” individual articles and reports available for download or viewing via the Website which may be subject to the payment of a one off fee, or available only as part of a Membership subscription;
“Start Date” agreed date from which the first advertisement/service will be placed/started;
“Subscriber” the individual or company that orders an annual subscription product;
“User”, “Users”, “you” Any and all persons who access the Site and services provided by Oliver Billson, including but not limited to Members, Partners;
“Website” the website owned by Oliver Billson with the url: https://www.oliverbillson.com/ and any sub-domains of this site, unless expressly excluded by their own terms and conditions.
2.2 In these terms and conditions, unless the context requires a different interpretation:
2.2.1. the singular includes the plural and vice versa;
2.2.2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions;
2.2.3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
2.2.4. ‘including’ is understood to mean ‘including without limitation’;
2.2.5. reference to any statutory provision includes any modification or amendment of it;
2.2.6. the headings and sub-headings do not form part of these Terms and Conditions.
3. Intellectual property and acceptable use of Content
3.1 Content is available via Oliver Billson and this Website on a free of charge basis and in consideration for a specified payment, as part of a Membership subscription and content included within the various products, articles (for instance ‘News’ and ‘Research & Reports’ sections of the Website although this list is non-exhaustive.
3.2 All Content included on the Website, unless uploaded by Users, Members or Partners or as stated otherwise, is the property of Oliver Billson our affiliates, licensees or other relevant third parties. By continuing to use the Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission;
3.3 Subject to clause 4 Oliver Billson hereby grants to the User a non-exclusive worldwide licence for the duration of the Membership or in the case of a User who is not a Member, until B2B Marketing may choose to revoke such licence, to download, store, use, reproduce, transmit, display, copy, and provide access to Content in accordance with the terms of the Membership (where applicable) and at all times only for the User’s own information purposes and for the avoidance of doubt, not for any commercial or business purposes.
3.4 Notwithstanding any other rights or remedies available to it, Oliver Billson shall have the right to terminate any licence granted to any User, to terminate any Membership (where applicable) or block a User from the Website in the event of any breach by such User of any of the terms and conditions of this licence.
Without prejudice to any rights granted herein, Oliver Billson reserves the right to amend, edit or abbreviate or take down any Content at our discretion.
3.5 Notwithstanding the above, where a User is paying for additional premium content (by way of example, for Reports and/or as part of a Membership subscription) (“Pre-Paid Content”) such Users acknowledge that their access to such Pre-Paid Content is conditional upon payment in accordance with the payment methods set out on the Website before access to such Pre-Paid Content is permitted, and no licence shall be granted until payment has been received in full for the relevant Pre-Paid Content. For the avoidance of doubt, all one off fees payable for Reports shall be non-refundable, and the period of licence granted in such Content may only subsist for the duration of a Users Membership subscription.
3.6 Subject to clause 4 below, Users (whether in their capacity as Members or Users) are able to upload content or postings content at various places on the Website including via blogs, on the forums and comments sections, as well as the content they include on Member Profiles (“User Generated Content”) and in doing so Users grant to Oliver Billson a free of charge, worldwide perpetual licence in all media in such User Content. For the avoidance of doubt, Members acknowledge and confirm that all information they supply in their Member profile will be viewable by all Users of the Website via the ‘Directories’ section of the Website accessible here:https://www.oliverbillson.com/
4. Prohibited use of the Site by Users
4.1 Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.
4.2 With regard the uploading, or posting of User Generated Content, and use of the site more generally, Users may not use the Website for any of the following purposes:
4.2.1 in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
4.2.2 in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
5. Availability of the Website and Disclaimers
5.1 The Website and Services are provided “as is” and on an “as available” basis. Oliver Billson gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, Oliver Billson provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Oliver Billson is under no obligation to update information on the Website.
5.2 Whilst Oliver Billson uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, Oliver Billson give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
5.3 Oliver Billson accepts no liability for any disruption or non-availability of the Website.
5.4 Oliver Billson reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
6. Limitation of Liability
6.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
6.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
6.3 To the maximum extent permitted by law, Oliver Billson accepts no liability for any of the following:
6.3.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
6.3.2 loss or corruption of any data, database or software;
6.3.3 any special, indirect or consequential loss or damage.
7. Website Content and Services
7.1 Except as otherwise expressly agreed to by Oliver Billson in writing, information regarding Oliver Billson products and Services is subject to change without notice.
7.2 Information about Oliver Billson Products and Services made available on and/or through this Website shall not constitute a representation, warranty or other commitment by Oliver Billson with respect to any product or service unless otherwise expressly agreed to by Oliver Billson in writing.
7.3 Without limiting the generality of the foregoing, Oliver Billson hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.
8. Third Party Content
8.1 This Website makes available certain Content that has not been created by Oliver Billson either via hyperlinks which may take Users to websites not controlled or maintained by Oliver Billson , or as hosted via the Website whether or not such Content is available free of charge, to Members only or for a fee, for example Partner Downloads, Member profiles and other materials posted by other Users on the Website blogs and forums (“Third Party Content”).
8.2 Any copying, distribution, reproduction, retransmission, or modification of any of the Third Party Content or any information or materials appearing in such Third Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third Party Content.
8.3 Third Party Content is not the responsibility of Oliver Billson , and Users acknowledge and confirm that Oliver Billson has no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such Third Party Content and furthermore Oliver Billson cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided. Nothing contained within Third Party Content necessarily represents the point of view of Oliver Billson.
8.4 Oliver Billson cannot and does not confirm each User’s identity, whether or not they are a Member. Oliver Billson allows Members to give access to information about themselves to other Members but does not control the information provided by Users or Members.
8.5 In the event that you have a dispute or issue with one or more of the other Users, you agree to unconditionally release Oliver Billson (and our officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
9. Membership
Users may become Oliver Billson Members/Partners in order that they may gain access to additional content (including Third Party Content) and Oliver Billson Services in accordance with the various Membership tiers as defined in your agreement with us updated from time to time), in consideration for such fees (where applicable) as specified therein and agreement from Users to participate as a Member.
Subscription to any Membership Product is subject to acceptance of these terms and conditions, Privacy Policy and specifically the following:
9.1 Any subscriptions to Membership Products are deemed to commence from the date of receipt of User’s completed order, registration form or online registration.
9.2 With the limited exception of Free Membership, all Membership Product subscriptions last 12 months from invoice date or, where immediate payment is required immediately online prior to the activation of membership and access to any Services, upon payment of such fee. As part of the subscription service, Membership will be automatically renewed for a following 12 months from the relevant end date.
9.3 Members shall be contacted, via either post, email or phone to inform them of their automatic renewal and the date that such renewal will take effect (“Renewal Date”). If after 30 days of the relevant Renewal Date you have not cancelled, you will automatically be fully renewed and we shall await payment.
9.4 Members may cancel their renewal at any point throughout their annual subscription. Members may also cancel their renewal within 30 days of the Renewal Date, at no cost. To cancel any Membership Product, Members must inform Oliver Billson in writing by emailing hello@oliverbillson.com No refund shall be given if Members cancel a service part way through a subscription year.
10. Products
Users may purchase stand alone Products (whether as Members or Users) as the same are available via the Website and at such prices and on such supplemental conditions as are stated on the site.
11. Events: Training, Seminars, Conference and Awards
Prices for any of Oliver Billson services or products are subject to change without prior notice. Oliver Billson aim to regularly update all publicly available sources of price information via the Website to ensure that you have accurate information available to you when you order.
The description and price of any Service purchased hereunder will be confirmed in Oliver Bilson’s despatch note and/or invoice or at point of payment if purchased online.
12. Pricing
Prices for any of Oliver Billson services or products are subject to change without prior notice. Oliver Billson aim to regularly update all publicly available sources of price information via the Website to ensure that you have accurate information available to you when you order.
The description and price of any Service purchased hereunder will be confirmed in Oliver Bilson’s despatch note and/or invoice or at point of payment if purchased online.
13. Payment Policy
Unless specified herein or at point of purchase to the contrary, Oliver Billson invoices for any Service are due for payment 14 days from their date. Oliver Billson reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest on overdue amounts at the rate in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
14. General
15.1 Dependence on Oliver Billson Services: The contents of any of Oliver Billson Services or the Website do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action. Under no circumstances shall Oliver Billson be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Website or Services. You agree to indemnify Oliver Billson against any actions, claims, proceedings, or liabilities arising from your use of the Website or Services.
14.2 Data Protection: Oliver Billson may use personal information which Oliver Billson hold about Users to provide Oliver Billson products and services to Users, for credit control and market research purposes and to inform Users about Oliver Billson products and services, legal developments and training sessions or Events which we believe may be of interest to Users. For further details please consult our Privacy Policy
14.3 Force Majeure: If by reason of labour dispute, strikes, inability to obtain labour or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such Oliver Billson is unable to perform in whole or in part its obligations set forth in these terms, then Oliver Billson shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make Oliver Billson liable to any other party.
14.4 Users may not transfer any of their rights under these terms and conditions to any other person. Oliver Billson may transfer their rights under these terms and conditions where Oliver Billson reasonably believes Users rights will not be affected.
14.5 These terms and conditions may be varied by Oliver Billson from time to time. Such revised terms will apply from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
14.6 These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
14.7 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
14.8 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
14.9 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
14.10 Governing Law and Jurisdiction
15. Governance
These terms and conditions shall be construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.
These terms and conditions are compiled in English.