WebMD LLC has offices at 283-299 Market Street, 2 Gateway Center, 4th Floor, Newark, NJ 07102 (“WebMD”). These terms and conditions (the “Terms”) govern your attendance at and/or participation in the Guidelines event (the “Event”). WebMD events are specifically intended for business, professional and/ or academic audiences, and by registering for the Event, you agree to these Terms, which form a legal contract between WebMD, and the registered attendee, delegate, visitor and/or participant (“you”). If you are registering on behalf of another it is your responsibility to ensure that the person attending is aware of these Terms and accepts them, and by completing the registration you are representing and warranting that you have made the attendee aware of these Terms and that they have accepted. WebMD may update these Terms at any time
1.1. In these Terms the following terms have the following meanings:
“Business Day” means any day other than Saturday, Sunday, or a statutory Bank Holiday in England & Wales;
“Confidential Information” means information of an operational, administrative, financial or business nature, or which is Personal Data, Sensitive Personal Data or otherwise, and which comes into a party’s possession under or in connection with this Agreement that (a) is identified as confidential to the other party; or (b) ought reasonably to be considered as confidential to the other party (whether or not identified as confidential), and in any case shall include (i) any information relating to a party including information in respect of a party’s business, activities, personnel, customers, products, business plans, business developments, finances, marketing plans, management systems, new business opportunities, ideas, know-how, processes, policies and/or procedures;
“Data Controller” has the meaning set out in the Data Privacy Laws;
“Data Privacy Laws” means all legislation and regulatory requirements in force from time to time relating to the use of Personal Data and the privacy of electronic communications, including, without limitation (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy in the European Economic Area and (iii) all codes of practice and guidance issued by national regulators relating to the laws, regulations and UK/EEA legislation mentioned in (i) and (ii) above;
“Data Subject” has the meaning set out in the Data Privacy Laws;
“Force Majeure Event” has the meaning set out in clause 14.1;
“IP” means any and/or all rights in software, inventions, patents, copyrights, design rights, trademarks and trade names, database rights, domain names, service marks, trade secrets, know-how, rights in Confidential Information and other intellectual property rights (whether registered or unregistered) and all applications and registrations for and extensions and renewals of such rights or any of them, anywhere in the world;
“Personal Data” has the meaning set out in the Data Privacy Laws;
“Venue” means the location where the Event is held;
“Sensitive Personal Data” has the meaning set out in the Data Privacy Laws;
“Commencement Date” and “Term” have the meanings set out in clause 9.1.
1.2. The words “including”, “include”, “for example” and any similar word or expression are illustrative and are not intended in any way to limit the sense or interpretation of preceding words, and any words which follow them shall not be construed as being limited in scope to the same class as the preceding words where a wider construction is possible.
1.3. Clause headings and sub-headings are not be used in its interpretation.
1.4. References to these Terms or any other document are to these Terms or that document as in force for the time being and as amended, supplemented, varied, modified, renewed or replaced or extended.
1.5. A reference to a statute or statutory provision shall unless otherwise stated be construed as including a reference to any subordinate legislation (as defined by section 21(1) Interpretation Act 1978) made from time to time under the statute or statutory provision whether before, on or after the Commencement Date.
1.6. A reference to industry regulations, industry codes, or industry guidance, shall unless otherwise stated be construed as referring to industry regulations, industry codes, or industry guidance as in force as at the Commencement Date and as from time to time modified or consolidated, superseded, re-enacted or replaced (whether with or without modification) on or after the Commencement Date.
1. Your attendance at the Event
1.1 Admittance. Your registration entitles you to admittance to the Event. Any and all other costs associated with your attendance (including without limitation any travel and/or accommodation expenses) shall be borne solely by you and WebMD shall have no liability for such costs.
1.2 Attendance. During the Event, you shall conduct yourself in an orderly manner and shall not act in any manner which causes offence, annoyance or inconvenience to other attendees or speakers. You shall not canvass, promote, advertise or solicit for business in a manner which, in WebMD’s sole discretion, is deemed unacceptable. WebMD, in its sole discretion and without any liability or obligation to refund, reserves the right to request your removal from the Event if WebMD considers your presence and/or behaviour to create a disruption, nuisance or to hinder the Event and/or the enjoyment of the Event by other attendees or speakers; represent a security or health & safety risk to the Event and/or any other attendees or speakers; and/or fail to comply with, or are likely to fail to comply with these Terms.
1.3 Photography, audio and video recording. Any use of photographic, audio, video or other recording equipment at the Event is strictly prohibited, unless it is approved by WebMD in writing in advance. By attending the Event you acknowledge and agree to grant WebMD the right at the Event to record, film, photograph or capture your likeness in any media now available and hereafter developed and to distribute, broadcast, use or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to WebMD includes, but is not limited to, the right to edit such media, the right to use the media (alone or together with other information), and the right to allow others to use and/or disseminate the media.
1.4 Age limitation. There is no entry to those under 18 years old unless previously authorised and accompanied by an adult chaperone or have guardian permission to attend the Event. Please make alternative childcare arrangements, WebMD do not, and neither does the Venue owner, offer childcare facilities at the Event.
1.5 Service animals. Please note there are no pets or animals permitted, except service animals.
1.6 Insurance. You are responsible for arranging your own appropriate insurance cover in connection with your attendance at the Event. WebMD and its related partners or affiliates will not be liable for any injury or damage to any person or to any real or personal property howsoever caused (except for death or personal injury as a result of its negligence or for any other type of liability that cannot by law be excluded or limited).
1.7 Drinking. WebMD accept no responsibility for the actions of others while under the influence of alcohol served at the Event. You also acknowledge that it is unlawful for any person under the age of 18 years old in the UK to consume alcoholic beverages.
2.1 Payment. The payment of the applicable fee(s) for the Event is due upon registration. If such payment is insufficient or declined for any reason WebMD may refuse to admit you to the Event and shall have no liability in that regard.
2.2 Taxes. The fee(s) may be subject sales tax, value added tax, or any other taxes and duties which, if applicable, will may charged to you in addition to the fee(s).
3. No reselling
3.1 Business use only. The tickets you purchase for the Event are for your own use in the course of your own business, trade or profession, and may not be resold under any circumstances.
3.2 No reselling. Reselling or otherwise transferring your ticket, not in accordance with these Terms, will void the ticket and the ticket holder will not gain entry into the Event. Where there has been any resale or attempted resale of any tickets (or any other breach of these Terms), WebMD reserve the right to cancel the relevant tickets purchased by any person or body whom WebMD reasonably believe to be associated with any ticket re-selling or ticket broker with immediate effect.
4. Cancellation by you
The sale of tickets to you will not give you any right to withdraw from your purchase. The sale will therefore be definitive as from the time of payment of the price. Distance selling of tickets to the Event via the website operated by WebMD will not give purchasers any right to withdraw from their purchase. The sale of tickets will therefore be firm and final once the purchase has been validated by you and confirmed by WebMD. If you need to change your booking, please contact us as soon as possible. We regret tickets cannot be refunded. However, by contacting the organisers directly, you may be able to transfer your ticket to a colleague at no monetary gain or rollover your ticket to the next Guidelines Live event. We will make no refund for non-attendance, whether in full or partial.
5. Changes or cancellation of the Event
5.1 Cancellation of the Event. WebMD reserves the right to cancel the Event at its sole discretion for any reason and at any time. In the event of cancellation for any reasons other than due to a Force Majeure Event, WebMD will refund you the registration fee paid. In all circumstances, WebMD will use reasonable endeavours to notify you of such cancellation.
5.2 Liability. In the unlikely event of cancellation of the Event, WebMD’s total aggregate liability to you is limited to the refund of paid fees that remain after credit card and payment processing fees have been incurred and deducted, and WebMD will not be liable to you for any expenditure, damage or loss incurred by you as a result of the cancellation.
5.3 Postponement of the Event. If the Event is postponed by WebMD, WebMD will provide you with substitute ticket for the new Event. You are therefore requested to keep your proof of purchase and/or ticket.
5.4 Changes to the Event. WebMD reserve the right to make any changes to the Event at any time without prior written notice. For example, such changes may include, but not limited to, changing the Event name, themes, content, programme, speakers, performers, hosts, moderators, time, date, and/or the Venue. WebMD reserve the right to do so at any time and will not be liable to you for any cost incurred by you as a result (including, without limitation, travel, accommodation and other expenses). WebMD will endeavour to notify you as soon as reasonably practicable of any substitutions, postponements, or changes.
6.1 You must comply with the rules and regulations governing the Venue. If you bring any property to the Venue, you do so at your own risk. WebMD is not responsible for any loss and/or damage to such property. If you are using car parking facilities at the Venue, you do so entirely at your own risk. WebMD do not accept any responsibility for any loss and/or damage resulting from your use of such car parking facilities.
7. Data Protection
7.2 Where you provide WebMD with Personal Data of third parties, you warrant, represent and undertake that you have complied with all applicable Data Privacy Laws in respect of such Personal Data, including obtaining all permissions, consents and approvals of Data Subjects to provide their respective Personal Data to WebMD.
7.3 The personal information you provide upon registering for the Event will be held on a third-party CRM database and accessed by WebMD for marketing purposes.
7.5 Registration details will be shared with:
(a) Sponsors for the purpose of the Event
(b) The CPD Certification Service Limited for purpose of distribution by email of a CPD Certificate relating to the event.
7.6 For security and identification reasons, WebMD require all delegates to:
(a) display around their neck the official Event badge; and
(b) carry photo identification and display it at all times on request.
7.8 At the Event, exhibitors or other third parties may use lead generation devices. If you choose to allow your badge to be scanned at the Event by them, you are giving consent to provide your data to such exhibitors or third parties for marketing purposes.
8. Intellectual Property
8.1 Any and/or all IP in the Event materials shall be WebMD’s sole and exclusive property (or the appropriate third party owner(s), if any) and you shall not acquire any rights in such event materials, including any developments or variations of them.
8.2 Nothing in these Terms grants you any legal or beneficial rights in or to any IP in the Event materials. You agree not to reproduce, sell, and/or copy (in whole or in part) the Event material, except for purposes of social media posting or post-event references. Audio and visual recordings for the distribution of commercial materials are not permitted without WebMD’s prior consent. If you would like to use the Event materials for anything else, please email WebMD at firstname.lastname@example.org.
9. Term & Termination
9.1 Term. These Terms shall be effective from (and including) the day your register through WebMD’s online ticket booking system (“Commencement Date”) (and including) the last day of the Event (“Term”).
9.2 Termination at any time. WebMD may terminate these Terms with effect at any time immediately by giving you 15 days’ prior written notice.
9.3 Termination in breach. WebMD shall be entitled to terminate these Terms in accordance with clauses 2 (Fee(s)) and 14.1 (Force Majeure).
10. Expiry & Termination Consequences
Expiry or termination shall not prejudice any other rights or remedies you or WebMD may be entitled to, nor will it affect the accrued rights and liabilities of either of WebMD, nor the coming into or continuance in force, of any provision of these Terms which is intended (explicitly or implicitly) to come into or continue in force, on or after such expiry or termination.
To the extent permitted by the applicable law, WebMD disclaim all warranties or conditions, either express or implied, or any part of them in respect of any aspect of the Event or any related materials. You acknowledge and agree that in accepting these Terms you have not relied on any representation or warranty that is not expressly included in these Terms and you agree that you shall have no remedy in respect of any misrepresentation which has not become a part of these Terms.
12. Limitation of Liability
12.1 You acknowledge and agree that views expressed by speakers at or in connection with the Event are their own and WebMD do not accept any responsibility or liability for any advice given or views expressed during or in connection with the Event.
12.2 Materials shared or distributed at or in connection with the Event are intended for information purposes only and should not be relied upon by you or others. WebMD and its related partners do not provide any guarantees, conditions or warranties that the materials are complete or accurate and do not accept any responsibility or liability for reliance by you or any person on any aspect of the Event and/or any information provided at the Event.
12.3 To the fullest extent allowed by applicable law, WebMD shall not (whether in contract, tort, negligence, statutory duty or otherwise) be liable to you under these Terms for consequential, indirect or special damages (including indirect loss of profit and indirect loss of revenue).
12.4 Nothing in these Terms is intended to limit or exclude WebMD’s liability for (a) death or personal injury caused by its negligence, and (b) fraud or fraudulent misrepresentation.
12.5 Subject to the clauses above, WebMD’s maximum aggregate liability to you under these Terms (whether arising in contract, tort, negligence, statutory duty or otherwise) shall not exceed the registration fee you paid to WebMD.
13.1 You shall fully and effectively indemnify and hold harmless WebMD, its affiliates, joint ventures, third-party service providers, and its respective employees, contractors, agents, officers, and directors against all losses, actions, costs (including legal fees and disbursements on a solicitor/client basis), claims, demands, fines, damages and liabilities, of whatever nature, incurred or suffered by or made against WebMD, whether or not foreseeable, arising directly or indirectly, wholly or in part, out of or in connection with any breach of these Terms by you.
13.2 You shall not exclude or limit your liability under any indemnities given by you under these Terms.
14. Force Majeure
14.1 If the performance of WebMD’s obligations under these Terms is hindered, delayed or prevented, for example if the Event is abandoned, cancelled or suspended in whole or in part by reason of, without limitation, a natural disaster, war, fire, national emergency, epidemics, pandemics, civil emergencies, civil unrest, labour dispute, strike, lockdown, civil disturbance, inevitable accident, national mourning bank holiday, the non-availability of the Venue, or any other cause not within its control or not ("Force Majeure Event"), WebMD shall be have no liability to you in any way whatsoever and howsoever (whether in contract, tort, or otherwise) arising out of or in connection with any such abandonment, cancellation, suspension or postponement of the Event or the replacement of the Venue. In such circumstances WebMD reserve the right not to refund your registration fees and for clarification advise that insurance should be taken out by you to cover such eventualities. You are responsible for making your own arrangements for travel to the Venue for the Event, and you shall remain liable for all payments under these Terms irrespective of any failure of transport or other reason by which you are unable to attend the Event.
15.1 Disputes. If a dispute arises between WebMD out of or in connection with these Terms, WebMD shall negotiate in good faith to resolve the dispute. If the dispute is not resolved within 10 Business Days of the start of our negotiations, WebMD may refer the matter to the courts. This clause shall not restrict either you or WebMD from initiating any proceedings in respect of a matter where either party has reasonable cause to do so to avoid damage to its business or to protect or preserve any right of action it may have, or from applying for or obtaining emergency or interlocutory relief.
15.2 Third party Rights. Unless expressly stated, no provision of these Terms is enforceable by, or intended to benefit, any person who is not a party to these Terms.
15.3 Severability. If any provision of these Terms is held by a court to be unenforceable, then that provision shall be deemed to be amended to the extent necessary, and in a manner consistent with the intentions of the parties, to make it and these Terms fully enforceable. The unenforceability of any provision of these Terms shall not affect the remaining provisions.
15.4 No Waiver. A delay in exercising, or failure to exercise, any right or remedy in connection with these Terms shall not operate as a waiver of that right or remedy. The waiver of a right to require compliance with any provision of these Terms in any instance shall not operate as a waiver of any further exercise or enforcement of that right. The waiver of any breach shall not operate as a waiver of any subsequent breach. No waiver in connection with these Terms shall, in any event, be effective unless it is in writing and refers expressly to this clause.
15.5 Status of parties. Nothing in these Terms shall create, or be deemed to create, a partnership or joint venture or relationship of employer and employee or principal and agent between the parties.
15.6 Entire Agreement. These Terms sets out the entire understanding of the parties in relation to their subject matter and supersede any prior understanding or agreement between the parties whether oral or written, save for any updates or amendments issued by WebMD on the website or elsewhere. Nothing in these Terms shall, however, limit or exclude any liability for fraud or fraudulent misrepresentation.
16. Governing Law and Jurisdiction
These Terms and any disputes between the parties arising out of or in relation to the Event, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be governed by, and construed in accordance with, the laws of England and Wales, and shall be subject to the exclusive jurisdiction of the courts of London, England.
Last updated: May 2022