Terms of sale
TERMS AND CONDITIONS
Please Read This Document
1. Validity and Acceptance of Orders
1.1 These Terms and Conditions (T&Cs) govern the sale and supply of products and services (the Products) purchased by you (the Purchaser) from Dorson West Ltd (Dorson West) by mail, email, telephone or through a face to face meeting. All contracts for the sale of Products made between the Purchaser and Dorson West shall be deemed to incorporate these T&Cs and the placing of an order for Product(s) by you with Dorson West shall be deemed to signify that you have read and agree to be bound by the T&Cs.
1.2 Dorson West may amend and/or vary the T&Cs from time to time. You will be notified of any amendments by a notice on the site.
2. Dorson West’s Contract with you
2.1 Dorson West is free to choose at its sole discretion not to supply Products to any person below the age of 18 or to persons resident in countries outside of the European Union.
2.2 All orders are accepted subject to the availability of the Products. The fact that a particular item appears on marketing material from time to time does not guarantee that the item is available for sale, and Dorson West shall not be bound to accept any offer for any Products that are temporarily out of stock.
2.3 No contract for the sale of any Products shall exist between you and Dorson West until you have completed and paid for an order or made an offer for Products by completing and submitting to us an order by email or in writing and Dorson West has sent you a response (the Acceptance) confirming receipt and acceptance of your order. The contract of sale shall come into force at the point in which Acceptance of the order is sent, unless other arrangements are agreed.
2.4 Dorson West is entitled to withdraw from any contract of sale in the case of obvious errors or inaccuracies regarding the Products, or if you have misrepresented your entitlement to any special offer (for example, booking a conference place, taking out a Public Policy Projects subscription or, booking more than the allocated advertisement using one of the Product sites).
2.2.1 These Terms and Conditions apply specifically to events organised by Dorson West including Public Policy Projects, Accountable Care Journal, Hospital Times and other Products subsequently introduced. A delegate, exhibitor or sponsor reservation for a future event is a contract.
2.2.2 Registrations are made when booking online or with your account manager, who will issue you with a quote and subsequent sales order. Once a sales order is received this is your confirmation to attend the event, and from this date our usual cancellation terms apply. Payment must be made within 30 days of a registration order being placed (the invoice being sent), or at the latest the day before the event.
2.2.3 Substitution of events delegates is acceptable at any time and notification of substitution should be emailed to email@example.com and firstname.lastname@example.org. This is not applicable to Public Policy Projects and all substitution of events delegates must be agreed with the Managing Director of Public Policy Projects to email@example.com.
2.2.4 Cancellations to ticketed events by mail or email will only be accepted up to one calendar month prior to the event and can be subject to an administration fee of £75 + VAT per delegate. No refunds can be given on or after the end of the last business day one month before a conference. All tickets must be paid for, even where a delegate is unable to attend, unless we expressly receive a cancellation. Non-attendance or non-payment will be taken as a cancellation on the day of the event and will incur a 100% cancellation fee.
2.2.5 In the event of the cancellation of an event by Dorson West, liability will be restricted to the refund of fees paid and will not extend to indirect or consequential losses.
2.2.6 Dorson West reserves the right to make changes to the programme, speakers or venue.
2.2.7 Final event information including confirmation of registration, direction and the event or brochure will be emailed to delegates approximately one week before the event. If you do not receive this confirmation email, please notify the events team on 020 7839 9305 or at firstname.lastname@example.org, email@example.com, firstname.lastname@example.org
2.2.8 Dorson West will include a delegate list in the event or brochure distributed to all attendees. Please notify the events team on 020 7839 9305 or at email@example.com, firstname.lastname@example.org, or email@example.com if you do not wish to be included in the delegate list. The delegates list will be accurate according to the information submitted by attendees.
2.2.9 Please notify the events team at time of booking of any special requirements that you may have such as dietary restrictions or accessibility needs. Without prior notification, we cannot guarantee that we will be able to cater to special requirements.
2.2.10 Photographs are taken at our events and may be used for marketing purposes. If you do not wish your photograph to be taken or used in this way, please notify the events team on 020 7839 9305 or at firstname.lastname@example.org, email@example.com, & firstname.lastname@example.org
2.2.11 Sponsor contracts cannot be cancelled, other than by agreement in writing with Dorson West.
2.2.12 Purchasers of Accountable Care Journal and Hospital Times conference proceedings in electronic format are permitted to:
- Save the presentation slides and audio files to the hard disk of a personal computer
- Print out the proceedings for personal use.
- Cite information from the proceedings in internal presentations and internal documents provided the material acknowledges Dorson West as the copyright author. The Purchaser is not permitted to include material from any Products in any published work without requesting permission from Dorson West as the copyright owner and as per our Copyright Statement the use of material may be subject to an additional fee. Full details are available in our Copyright Statement which may be requested from our Managing Director on 020 7839 9305.
2.2.13 Purchasers of conference proceedings in electronic format are not permitted to:
- Email or otherwise transfer electronically the proceedings to another person who is not authorised to use it.
- Store the proceedings on the hard disk of a computer which can be accessed by anyone not authorised to use it.
- Copy the proceedings to a compact disc, DVD, USB or other removable storage medium, other than for temporary personal use.
- Publish the proceedings or sections of the proceedings on a company intranet, the internet or any other electronic publishing system.
- Modify or re-work the proceedings in any way in order to distribute, lease, rent, sub-license, charge or sell them.
2.3.1 Orders are subject to the completion of a separate licence agreement covering the terms and conditions of use of the specific product purchased, which will be sent to the Purchaser for signature on receipt of the order.
2.3.2 The Purchaser acknowledges that the copyright of the Products is and will continue to be the property of Dorson West. No transfer of copyright is affected in favour of the Purchaser by virtue of any order.
2.3.3 The Purchaser shall not publish any part of the product on the internet or any other electronic publishing system. The Purchaser is not permitted to include material from any Products in any published work without requesting permission from Dorson West as the copyright owner and as per our Copyright Statement the use of material may be subject to an additional fee. Full details are available in our Copyright Statement which may be requested from our Managing Director on 020 7839 9305.
2.3.4 The Purchaser shall not sell or supply the products on any terms whatsoever, whether in whole or in part, or other information derived wholly or in part from the product, on any media, to any third party without permission. Products may contain control addresses to monitor usage.
2.3.5 The Purchaser acknowledges that Dorson West has taken all reasonable measures to ensure the accuracy of the Product and cannot accept responsibility or liability for errors or omissions from the Product or for any consequences arising under such circumstances. In no circumstances whatsoever shall Dorson West accept liability for consequential loss or damage resulting from the use of the product.
2.3.6 Dorson West undertakes to supply the product in the format or version specified and makes no guarantee as to the compatibility of the product with any computer hardware or software. The responsibility to ensure the compatibility of the product with the Purchaser’s computer system and subsequent suitability for its purpose, rests with the Purchaser alone.
2.4.1 The Purchaser acknowledges that the copyright of the Product is the property of Dorson West. The Purchaser is not permitted to include material from any Products in any published work without requesting permission from Dorson West as the copyright owner and as per our Copyright Statement the use of material may be subject to an additional fee. Full details are available in our Copyright Statement which may be requested from our Managing Director on 020 7839 9305.
2.4.2 Neither Dorson West, nor any of its consultants, agents, representatives or employees accept any liability for any loss or damage, including any loss of profits, lost savings or other incidental or consequential loss occasioned to any person no matter howsoever caused or arising as a result of or in consequence of action taken or refrained from in reliance on the contents of the Product.
2.4.3 Electronic copies of the contents of a publication are provided by Dorson West to the Purchaser on a non-exclusive, non-transferrable license. The Purchaser agrees to the terms of this licence as set out in 2.9.6 and 2.9.7 below.
2.4.4 The Purchaser alone is permitted to make personal use of the publication including to:
- Save the electronic copy of the publication to the hard disk of a personal computer.
- Include information for the publication in presentations and internal documents, provided the material acknowledges the copyright owner (Dorson West). Use in external documents is covered in the Copyright Statement summarised in 2.9.1 above.
2.4.5 The Purchaser is not permitted to:
- Store an electronic version of the publication on a hard disk of a computer which can be accessed by any person not authorised to use it.
- Modify or re-work the publication in any way.
- Distribute, lease, rent, sub-licence, charge for or sell the magazine, whether in hard or electronic copy.
2.5.1 Advertising copy shall be legal, decent, honest and trustful; shall comply with the British code of Advertising Practice and all other codes of the Advertising Standards Authority; and shall comply with the requirements of current legalisation.
2.5.2 Submission of an advertisement is deemed to imply that the copy complies with the requirements of the Trade Description Act 1968, and the advertiser will indemnify the publisher in respect of any claim or liability resulting from a breach of the Act.
- Advertisers are required to ensure that their advertisements comply with the Equalities Act 2010 and will indemnify the publishers in respect of any liability or claim resulting from any breach of the Act.
- No advertisement will be published with intent to discriminate on the grounds of gender, religion, sexuality, race or any other protected characteristic. The publishers reserve the right to alter or reject any copy not accompanied by such statement.
- Advertisers are required to ensure that their advertisements comply with the Business Disclosure Orders or Regulations made relating to, or affecting, the publication of advertisements, and will indemnify the publisher in respect of any liability or claim arising from any breach.
- The publisher reserves copyright to any graphic image published in any of its publications. Photographic or other reproduction of such an image is expressly forbidden irrespective of who holds the copyright to the original work.
- The copyright for all purposes in all artwork, copy and other material which the publisher or his employees have contributed to or reworked shall vest in the publisher.
2.5.3 The placing of an order by an advertiser, or an advertising agency of behalf of a client, constitutes an assurance that all necessary authorities and permissions have been secured in respect of the use in advertisement(s) of pictorial references to words attributed to living persons.
2.5.4 The advertiser and/or advertising agency agrees to indemnify the publisher in respect of all costs, damages or other charges falling upon the magazine as a result of legal actions or threatened legal actions arising from the publication of the advertisement, or any one or more of a series of advertisements, published in accordance with copy instructions supplied to the publisher in pursuance of the advertisers and or advertising agency’s order. In any case where a claim is made against the Publisher is used and the advertiser or in these terms, notice in writing shall be given to the advertiser and or advertising agency of the claim.
2.6 Additional Terms Applicable to Advertising Agencies
2.6.1 Commission 10% for full agency service.
2.6.2 The Terms of the Recognition Agreement between the Publishers’ Licensing Services Ltd and recognised advertising agencies are deemed to be incorporated in these conditions specifically extended to any personal guarantee given by request of any unsatisfied liabilities of the Agency in the event of the Agency’s liquidation or insolvency. Such guarantee is part of the conditions of acceptance.
2.6.3 Advertisement orders are issued by an advertising Agency as a principal and must be on the agency’s official order form. (when copy instructions not constituting an official order are issued, they shall be clearly marked at the head ‘’Copy instructions – Not an order’’).
2.6.4 Voucher copies, tear sheets or other proof of insertion, as agreed, are to be supplied to the agency as soon as possible after publication.
2.7.1 Whilst every endeavour will be made to comply with the requirements of advertisers, the Publisher does not warrant that any particular advertisement will appear in a specified issue, or at all.
2.8.1 The publishers reserve the right to decide the correct classification for any advertisement.
2.8.2 Conditions attached to or contained or referred to in any order which conflict with these Terms shall be void.
2.8.3 Special Requests: Special request or preference as to position of a Run of magazine Spaces will not be accepted without further and separate agreement with the publishers and then only at additional rates as agreed before insertion.
2.9 Quality of Reproduction
2.9.1 The publishers will make every endeavour to reproduce and print the advertisements to as a high quality as possible but can give no guarantee to quality whatsoever.
2.10.1 In the event of any error, misprint or omission in the printing of an advertisement or part of an advertisement (not being a matter covered by 2.5 of the contract) the Publisher with either reinsert the advertisement or relevant part of the advertisement or make a reasonable refund or adjustment to the cost.
2.10.2 No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement of which the Publisher shall be the sole arbiter. It is hereby expressly agreed that the Publishers maximum liability in respect of and arising out of any error, misprint, omission or failure to print shall not exceed.
- The amount of a full refund of any price paid to the Publisher for the advertisement in connection with which the liability arose.
- The cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with the liability arose. Omissions or wrong advertisements will only be made up with the agreement of the advertiser/advertising agency.
2.10.3 Liability is not accepted by the Publisher for any loss or damage whatsoever to artwork which will, in any event, be destroyed 6 months after publications, unless its return is specifically requested in writing at the time of placing an order.
2.10.4 Artwork and/or separations, photographs, discs and CD’s will be returned if requested but no guarantee can be given regarding quality, damage or making to such material.
2.11.1 Dorson West offer a range of Subscription Packages designed to meet the needs of our different types of clients. The specific terms of the Package will be explained at the time of purchase.
2.11.2 The composition of the Subscription Package is specified prior to purchase. Any Products to be delivered in hard copy will be sent to the address specified in the Client’s purchase order; electronic Products will be delivered to the Client’s online account.
2.11.3 Commercial subscriptions run for 12 months and date from the day that Dorson West accepts the Client’s order.
2.11.4 Non-commercial subscriptions are ongoing.
2.11.5 Following the 14-day cancellation period (detailed in clause 5.1), the Membership cannot be cancelled until the renewal date, namely, 364 days after the Subscription Package was originally purchased.
Client: individual or organisation who buys or agrees to buy Services from Dorson West.
Agreement: the agreement or contract between Dorson West and the Client for the provision of Services incorporating these Terms and Conditions.
Services: the services that the Client agrees to buy from Dorson West.
Terms and Conditions: the terms and conditions for the provision of Services set out in this document and any special terms and conditions agreed in writing by Dorson West and the Client, either in the Agreement or elsewhere.
2.12.2 These Terms and Conditions shall not affect the Client’s statutory rights as a consumer. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be only applicable if agreed in writing by Dorson West and the client. Any complaints should be addressed to Dorson West’s address.
2.12.3 The price of the Services and any taxes and expenses shall be that stipulated in the agreement and shall be payable in full on completion of the Services and presentation of a report, unless stage payments are specified in the Agreement, in which case they are payable on completion of each relevant stage. The Client shall not be responsible for any expenses, charges or price other than those set out in the Agreement. In the event of late payment by the Client, Dorson West shall be entitled to charge the Client interest at the rate of 2% per annum above LIBOR from the date when payment becomes due from day to day until the date of payment. If the parties agree that Dorson West is to provide services or resources in addition to those specified in the Agreement, then such agreement will be reflected in a further Contract.
2.12.4 All orders for Services shall be deemed to be an offer to the Client to purchase Services under these Terms and Conditions and are subject to acceptance by Dorson West. Dorson West may choose not to accept an order for any reason.
2.12.5 Dorson West shall perform the Services in accordance with good industry practice and with reasonable skill and care.
3 Pricing and Availability
3.1 The prices of the Products are those specified at the time of ordering. Each price is inclusive of VAT (where applicable). Goods delivered to certain countries may be subject to local import charges and taxes for which the Purchaser accepts responsibility.
3.2 Prices are subject to variation without notice and whilst the publishers will endeavor to maintain quoted rates of 6 weeks for ordered advertisements, they reserve the absolute right to increase prices between acceptance of the order and publication without reference to the advertiser/advertising agency.
3.3 There will be an additional charge of £50 + VAT applicable for delivery of Products outside the UK, which shall be notified to you at the time of placing your order. This does not include shipping costs.
3.4 In the unlikely event that the Products are unavailable, Dorson West shall send you a notification by email. Price and availability information on the Site is subject to change without notice.
3.5 Save as referred to in Clauses 3.1 and 3.2, there is no charge for using the online Shop to order Products.
3.6 The fee for Consultancy Services is as stated in the original proposal or as negotiated and accepted in writing by both parties. The fee will be inclusive of all aspects of the work as briefed in the proposal, including delivery of Products outside the UK if this is a specified requirement at the outset of the project. Extensions to the original proposal will be negotiated as they arise and may attract a further fee depending on their nature. Prices quoted are exclusive of VAT.
4 Delivery of Products
4.1 Dorson West shall deliver hard copy Products ordered by you to the delivery address that you specify at the time of ordering.
4.2 Dorson West’s electronic Products are accessible through our websites, or password protected emails. In the event that this delivery is not possible to a delivery address (e.g. you purchase an archived edition or issue), Dorson West will deliver electronic Products to the email address specified at the point of subscription.
4.3 All delivery times quoted on the Site are estimates only based on availability, normal processing and delivery time. Subject to availability of the Products, Dorson West shall use its best endeavours to deliver hard copy products as soon as reasonably practicable and in any event within the period of 2-5 working days beginning on the day of Acceptance of the order. Access to Electronic Products will be set up via the authorised user’s Dorson West online account or, if relevant, emailed to the specified email address immediately on Acceptance of the order.
4.4 Delivery of the output of Consultancy services, such as white papers, written reports and presentations, including the format for delivery (electronic or hard copy) and delivery date, will be agreed at the outset of the Project.
4.5 You shall be bound to accept the Products when the Acceptance is communicated to you in accordance with Clause 2.4 and delivery shall be deemed to take place when the Products are delivered to you at the nominated address. If an intermediary is used for the delivery, risk of loss, breakage or any other damage whatsoever shall pass to you at the time possession of the Products passes to the intermediary. You will also be liable if you wrongfully fail to take delivery of Products at the time when Dorson West has tendered their delivery.
5 Cancellations, Refunds and Complaints
5.1 By the terms of the Consumer Contracts Regulations, you have a right to cancel from the moment you enter into the contract until 14 days after that date. However, if you require us to dispatch a hard copy Product or deliver a Consultancy Service before the end of the 14-day cooling off period, no cancellation will be accepted after the dispatch of the product. In the case of an electronic Product, if you download it within the 14-day cancellation period you must agree to waive your cancellation rights. Dorson West’s products are not returnable or refundable, except as provided for in Clause 2.2.4. This does not affect your statutory rights.
5.2 Where exceptional refunds, cancellations or substitutions are made, these are at the discretion of Dorson West.
5.3 Complaints relating to any Products may be emailed to email@example.com or posted to Dorson West at 10 Rose and Crown Yard, London, SW1Y 6RE, marked for the attention of ‘Customer Services’.
6 Payment Terms
6.1 Dorson West and all Products can accept BACS payments (UK only)following the issuing of an invoice.
6.2 Payment can also be made by cheque or cash following the issuing of an invoice. All invoices must be paid within 21 days of being issued.
6.3 Some Products will be advertised using external websites, terms and conditions may vary accordingly. Any changes will be advertised using those Sites.
6.4 For all advertorial products, online and print, invoices will be issued once the contract has been returned.
6.5 Any invoice outstanding beyond agreed terms will be referred to our debt collection agent and will be subject to a subcharge of 15% plus VAT after 60 days to cover the collection costs incurred. This surcharge together with all over charges and legal fees incurred will be responsibility of the customer and will be legally enforceable.
- The existence of a query on any individual item in an account shall not affect the due date of payment of the balance of the account.
7.1The acceptance of an order does not confer the right to renew on the same terms. Rates quoted are subject to revision and the right is reserved to vary the terms of any further agreement.
8 Force Majeure
8.1 In the event that Dorson West is prevented from carrying out its obligations under a contract for the sale of Products or Services as a result of any cause beyond its control such as, but not limited to, Acts of God, War, Strikes, Lock-outs, Disruption of Transport, Non-availability of a Conference Venue, Acts of Terrorism, Flood and Failure of third parties to deliver goods, Dorson West shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
8.2 Where Force Majeure affects the delivery of a Consultancy Service, Dorson West shall be entitled to a reasonable extension of its obligations, provided that Dorson West uses reasonable efforts to minimise the effects of the Force Majeure.
8.3 Where a conference or event is prevented from taking place owing to Force Majeure, Dorson West will use their best endeavours to re-arrange substantially the same programme at a convenient later date and delegate, exhibitor and sponsor contracts will remain in force as if the conference or event had taken place on the original date.
9.1 No liability for any claim for damage to, defects in or non-functionality of any Products shall be accepted unless you notify Dorson West by email or in writing within a reasonable period of delivery. This period is specified as within 48 hours of delivery and this period may only be extended at the sole discretion of Dorson West.
9.2 No liability for any claim will be accepted in the case of Products differing in quantity of descriptions from the particulars given on the delivery note unless you notify Dorson West in writing normally within 48 hours of delivery and the onus is on the client to prove any shortage.
10 Limitation of Liability
10.1 Except as may be implied by law where the Client is dealing as a Consumer, in the event of any breach of these Terms and Conditions by Dorson West the remedies of the Client shall be limited to damages which shall in no circumstances exceed the price of Dorson West’s professional indemnity insurance and Dorson West shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.
10.2 No waiver by Dorson West or the client (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
10.3 The Agreement shall be binding and shall ensure for the benefit of each party’s successors, but one of the parties may, without the written consent of the others assign or delegate any of their respective rights or obligations under this Agreement.
11 Statutory Rights
- Your statutory rights are unaffected by Dorson West’s terms and conditions of sale.
12 Consumer Protection
12.1 The identity of the supplier for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 Is Dorson West Limited, registered in England under number 05401243 and whose registered office is at 1-3, College Yard, Worcester, England, WR1 2LB.
13.1 These Terms and Conditions shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
14.1 All correspondence is confidential and only intended for the recipient specified. It is strictly forbidden to share any part of correspondence with any third party, without a written consent of the sender. If a recipient receives a message by mistake, it is asked to be deleted. All correspondence and any attachments have been scanned for viruses.
14.2 Dorson West Ltd has an agreement with LaingBuisson Ltd to share information as part of our events and publications programme. Name and email address will be shared between the respective organisations for internal information purposes only and will not be shared outside of either LaingBuisson Ltd or Dorson West Ltd.
14.3 Both LaingBuisson Ltd and/or Dorson West Ltd may also in future use the information submitted to contact the individual regarding future events and publications, individuals can unsubscribe from the respective mailing lists at any time.
14.4 Where Dorson West Ltd receives any personal data (as defined by the Data Protection Act 1998) (“the Act”)) from LaingBuisson Ltd it shall ensure that it fully complies with the www.actnow.org.uk – Information Law Training and Resources for the Public Sector Act Now Training Limited – June 2005 3 provisions of the Act and only deals with the data to fulfil its obligations under the contract. Dorson West Ltd shall indemnify LaingBuisson Ltd for any breach of the Act which renders the latter liable for any costs, claims or expenses. In fulfilment of its obligations under the Act the Adviser shall each have such systems in place to ensure: a) Full compliance with the Act b) In particular, compliance with the Seventh Data Protection Principle which deals with the security of personal data c) The reliability of all its employees who may be involved in processing the personal data from LaingBuisson Ltd shall take all reasonable steps to ensure that all its partners contractors and agents comply with this clause where they are processing any of LaingBuisson Ltd personal data on behalf of Dorson West Ltd. Dorson West Ltd shall allow LaingBuisson Ltd reasonable access to such information as is necessary to ensure that it is complying with the above provisions and the Act as a whole.
15.1 Dorson West Ltd is the data controller and processes data using secure systems including Zoho CRM, hosted in the EU and other email systems.
15.2 The Dorson West Ltd Privacy Statements can be found on all website in the Dorson West group of companies. This is compliant with GDPR
15.3 Should any individual or company wish to review the data Dorson West Ltd holds on file. Please contact Managing Director Ben Howlett at firstname.lastname@example.org