Your attention is particularly drawn to clause 10 (Limitation of liability).
1. About us
1.1 Company details. Field Gibson Media Limited (company number 02516864) (we and us) is a company registered in England and Wales and our registered office is at Pentagon House, 52-54 Southwark Street, London, England, SE1 1UN. Our VAT number is 947181208. We operate the websites at www.environmental-finance.com, www.insuranceerm.com, www.insuranceassetrisk.com, www.insuranceriskdata.com, www.fieldgibsonmedia.com and www.bonddata.org (Websites).
1.2 Contacting us. To contact us, please email us at [email protected]. How to give us formal notice of any matter under the Contract is set out in clause 11.
2. Our contract with you
2.2 Our services. In these Terms, our services means:
2.2.1 a subscription to: (i) receive access to the pay-to-view areas of a Website; and/or (ii) receive a magazine published by Field Gibson Media, including those for Environmental Finance, Insurance Asset Risk and InsuranceERM (each a Magazine) (such Website materials and Magazines are collectively referred to in these Terms as Content); and
2.2.2 an in-person or online event organised by Field Gibson Media (Event).
2.3 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.4 Language. These Terms and the Contract are made only in the English language.
2.5 Your copy. You should print off a copy of these Terms or save them to your computer for future reference.
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the relevant Website or with a relevant member of staff of Field Gibson Media Ltd. Each order is an offer by you to receive the services specified in the order subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to the services confirmed in the Order Confirmation.
4. Subscription terms
4.1 How to subscribe
4.1.1 In order to access the Content, you must first register for a free trial.
4.1.2 You can register for a free trial by completing the registration form on the relevant Website. Whilst most users will be accepted for a free trial, completion of the registration form is not a right to access the Content. We have complete discretion over whether or not to accept your application and we may suspend the free trial if we choose. The free trial will begin on the Commencement Date in accordance with clause 3.3. The free trial will last for one month unless otherwise agreed by the parties in writing. From time to time, we may alter the length of a free trial. You will be entitled to one free trial only within a period specified by us. At our discretion, we may grant you a second free trial. If you believe you have a genuine reason justifying a second free trial, please email us at [email protected].
4.1.3 If you register for a free trial or a paid subscription to access the Content from a Website or Magazine, you must provide the necessary registration details including accurate payment information when required.
4.1.4 It is your responsibility to ensure the accuracy of your registration information and to keep this information up to date. You can do this through the "My Account" section of the Website.
4.2 Subscription options
4.2.1 You may purchase a subscription (whether an individual subscription or a multi-user subscription) to access Content for a period of either one or two years. For longer subscription periods please speak with a relevant member of staff.
4.2.2 Multi-user subscriptions may be purchased to allow multiple members of staff with the same email domain address, or with prior agreed email domain addresses, to access the Content. On multi-user subscriptions the members of staff covered by the subscription will access the website with individual user names, usually the email address.
4.2.3 Multi-user subscriptions must be agreed with an authorised representative from Field Gibson Media in each case. We will discuss with you the benchmark size of the licence and the parameters of the licence with regards to the staff that will be covered i.e. individual department, office, country or global. The cost of the multi-user subscription will depend on the benchmark set.
4.2.4 Once the benchmark is set, we are happy to add additional users during the term of the multi-user subscription even if these additional users take the number of active email addresses above the benchmark. These users may be added by you contacting us or by us identifying new triallists to our Websites that fit the parameters agreed and automatically adding them. This means that the number of authorised users may grow during the term of the multi-user subscription but there will be no extra cost to you. At renewal, we will give you the option to remove the additional users and remain at the benchmark level or to move to a new benchmark.
4.2.5 You may opt out of auto-adding new users if you wish, or to ask for all additional users to be approved by you.
4.2.6 We do not accept use of generic email addresses for multi-user subscriptions or individual subscriptions.
4.3 You must keep your account details safe
4.3.1 On registration for a free trial or a paid subscription, you will need to create a user profile and a password to login to your account. If a user profile has been set up for you to join a multi-user subscription your user name will normally be your email address and a password will be allocated to you. We recommend once you log-in that you change your password to one of your own choice. For security Field Gibson Media cannot see your password but can update it should you wish.
4.3.2 You may not share your password with anyone else. Your password may be used on multiple computers (for example at home, in the office or whilst travelling) but only for your individual use. A password is for one person's use.
4.3.3 Password sharing with any other person is a breach of these Terms. We monitor usage of the Websites to detect password sharing and, if we detect that you have shared your password, we will notify you with details of the incident.
4.3.4 Password sharing will result in additional subscription fees being charged at the prevailing rate according to the number of additional users and/or the cancellation or suspension of your access to the Content.
4.3.5 You are responsible for use of the Websites made by you or anyone else using your username and password. If you suspect your username or password has been compromised, you must notify us immediately by emailing us at [email protected].
4.4 Subscription payment
4.4.1 In order to purchase a subscription you must provide complete and accurate payment information to us when requested. By submitting your payment details you confirm that you are entitled to purchase a subscription using those payment details.
4.4.2 Unless otherwise stated, the subscription price excludes value added tax (VAT). All prices shall be subject to the addition of VAT (where applicable) or any other tax payable as will be indicated on your invoice.
4.4.3 A separate subscription fee shall be payable in respect of the Content of each Website or Magazine that you wish to access. The subscription fee does not include access to any Events. A separate fee shall be payable in respect of each order to attend an Event.
4.5 Your rights and restrictions on use
4.5.1 Unless otherwise stated, all intellectual property rights (including copyright and database rights) in the Content and any part of it are owned by Field Gibson Media or its licensors.
4.5.2 During your free trial, we will grant you a non-exclusive licence to search and view the Content for the purposes of deciding whether you wish to take a paid subscription. During the free trial, you undertake not to download and save in electronic format, copy and paste, make print outs or copies or modify, publish, post, communicate or disseminate any of the Content.
4.5.3 You may view Content on any of the Websites that you have purchased a subscription to access for your individual use on any device compatible with the Websites. You may download and store such Content from the Websites for your individual use and may print (though not photocopy) single copies of articles for your individual use. You must comply with our Acceptable Use Policy at all times when using any of the Websites or when attending an Event.
4.5.4 You may not use the Websites or Content for any unlawful purpose or without getting a licence from us. You may not modify, copy, publish, republish, upload, post, communicate or disseminate Content to third parties without our prior written consent. On some of the Websites the Company has provided a tool that enables the sharing of individual articles and you are permitted to use these if you wish to email an article to a third-party.
4.5.5 You may generate tables from the Websites for use in pitch presentations or conferences for as long as you credit the information to us by clearly and legibly specifying the source (for example, "Source; www.bonddata.org") on the page where the relevant information is displayed.
4.6 Subscription cancellation
4.6.1 You agree that once you have downloaded a Magazine or been granted access to a Website, you do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. This means you are not entitled to a refund once you have been granted access to any pay-to-view areas of a Website.
4.6.2 You may notify us at any time of your desire to cancel by writing to us at [email protected]. If you cancel your subscription you will not be entitled to receive a refund for all or part of the subscription fees paid in respect of the subscription period.
4.6.3 We may suspend or cancel your subscription with immediate effect if you breach these Terms. In that instance we will notify you of the cancellation or suspension of your subscription and we will be under no obligation to refund you for all or part of the subscription fees paid.
4.6.4 If we cease to provide the Website or Magazine that you have subscribed to, you will be entitled to a pro rata refund for a payment already made in relation to the remaining period of your subscription.
4.6.5 We will send any refund due under clause 4.6.4 using the same payment method you used for paying the subscription price.
4.7 Subscription renewals
4.7.1 Subscriptions (whether individual or multi-user) will not be renewed automatically. We will contact you by email prior to expiry to ask if you wish to renew your subscription. We may also contact you by telephone to discuss your renewal on the basis of legitimate interest and to ensure your subscription does not unintentionally lapse. We will communicate at this stage the cost of renewing your subscription. There is no notice period if you decide not to renew your subscription.
4.7.2 If you tell us you want to renew your multi-user or individual subscription, we will send you an invoice for the renewal subscription fee to the address you provided during your registration, unless you have notified us of a change.
4.7.3 We have the right to increase the price of your subscription with effect from the renewal date. We will communicate any changes in the price in advance when you are offered renewal. If you chose not to accept the price increase then we have the right not to offer renewal.
5. Event terms
5.1 Event registration
5.1.1 Unless you specify otherwise in writing, by registering to attend an Event, you agree to us publishing your name and the name of your company or organisation in the conference brochure or relevant Event app where we list the attendees.
5.1.2 By registering for an Event as a representative of a company or organisation you confirm that you are authorised to enter into the Contract on these Terms on behalf of the relevant company or organisation.
5.2 Event attendance
5.2.1 Please let us know at the time of making the order if you have any special access requirements for in-person Events. If you notify us of any dietary requirements at least seven (7) days before the Event, we will use all reasonable endeavours to accommodate your requirements. Please note that we might not be able to provide you with a suitable alternative if we receive notification about your dietary requirements less than seven (7) days before the Event.
5.2.2 You must not photograph or record the Event (whether by video or audio) without our prior written consent. This restriction applies to all attendees (including delegates and sponsors).
5.2.3 On the day(s) of the Event whilst you are in attendance, we are not responsible or otherwise liable to you for any loss or damage to your personal property unless caused directly by our negligence.
5.2.4 You must comply with all rules, regulations, and other reasonable instructions of the owner of the venue at which an in-person Event is taking place or the host of an online Event and we reserve the right, without any liability, to refuse admission or eject you from any Event if you fail to comply with these Terms or if, in our opinion, you represent a security risk, nuisance or annoyance to the running of the Event.
5.2.5 You must not reproduce materials distributed at an Event for commercial purposes such as by selling or licensing those materials to third parties.
5.2.6 We may take photos and make video recordings at Events that we may use for our business purposes. If you wish to ensure that you do not appear in photos or videos that we take please inform us in writing at [email protected] at least 7 days prior to the Event.
5.3 Technical issues for online Events
5.3.1 You are solely responsible for maintaining your internet connection for the duration of any online Event and for ensuring that your systems, equipment or device are compatible with the platforms we use to host the online Event prior to registration. As organiser we will always try to assist but we do not have oversight of your systems.
5.3.2 We shall not be liable if your access to an online Event is delayed or interrupted as a result of any connectivity or other technical issues caused by your internet provider or other reasons beyond our control.
5.4 Event payment
5.4.1 The Event fee is payable in full at the time when you receive the Order Confirmation. We may change the Event price at any time but this will not affect registrations which have already been confirmed by us. We cannot guarantee your place until you have paid the Event fee. The Event fee does not include any expenses that you may incur in attending the Event (for example travel to or from an in-person Event and any accommodation costs incurred). These additional costs are your responsibility.
5.4.2 Unless otherwise stated, the Event fee excludes VAT. All prices shall be subject to the addition of VAT (where applicable) or any other tax payable and such taxes will be indicated on your invoice.
5.4.3 At our discretion, we may offer you a discount on the Event fee if you have purchased a subscription to access Content.
5.4.4 The Event fee does not entitle you to access to any Content. A separate subscription fee shall be payable in respect of each Website or Magazine that you wish to access.
5.4.5 Our usual term of accounts is for payment to be made within thirty (30) days from the date of the Order Confirmation, however all attendees must settle their accounts in full by the start of the Event. If we have not received payment in full by the start of the Event, we reserve the right to refuse you entry or request a credit card guarantee on the day to gain entry.
6. Payment security
6.1 For payments by card, we will use all reasonable endeavours to safeguard the confidentiality of your credit or debit card details through the use of encryption technology and firewalls. However, "faultless" security does not exist on the internet. Your card number and contact information will be provided to our payment gateway, Elavon Digital Europe Limited, trading as 'Opayo' (formerly known as 'SagePay'), at the time of purchase. Each payment processor has its own privacy and data collection practices and we have no responsibility or liability for these independent third parties. Elavon Digital Europe Limited is a PCI-DSS compliant service merchant provider, details can be found at www.elavon.co.uk
7.1 We will exercise reasonable skill and care in providing the Websites, Magazines, Content and in organising or hosting the Events.
7.2 We will use reasonable endeavours to make the Content available 24 hours a day, seven (7) days a week, except for essential maintenance that needs to be carried out on the Websites from time to time.
8. How we may use your personal information
8.1 We will use any personal information you provide to us to:
8.1.1 deliver the services you have ordered;
8.1.2 process your payment for the services you have ordered; and
8.1.3 inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
9. Third party websites, services and products
9.1 The Websites contain links to other internet websites provided by independent third parties, including advertisers' and sponsors' websites (Third Party Websites). We include these links to give you an opportunity to access other webpages that we feel may be of assistance to you.
10. Limitation of liability: Your attention is particularly drawn to this clause
10.1 Subject to clause 10.7, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
10.1.1 loss of profits;
10.1.2 loss of sales or business;
10.1.3 loss of agreements or contracts; or
10.1.4 any indirect or consequential loss.
10.2 In relation to the Websites and Magazines:
10.2.1 if you are a subscriber and we breach these Terms, our liability to you for any direct damages incurred from using the Content is limited to the price you paid for your subscription during the year in which you have incurred the damage.
10.2.2 we provide the Content for general information purposes only and we do not provide financial, tax, legal, accounting or other professional advice. Some Content may contain the opinion of third parties and we are not responsible for these opinions.
10.3 In relation to any Event:
10.3.1 views expressed by speakers are their own and we have no liability in relation to any advice given or opinions expressed by speakers during an Event. Any materials used or distributed at an Event are for general information purposes only and should not be relied upon in making financial, legal, tax, accounting or other decisions;
10.3.2 you are responsible for arranging your own insurance in connection with attending an Event and, subject to clause 5.2.3, we will not be responsible for any loss or damage to you or your property whilst you are in attendance at an Event; and
10.3.3 if we breach these Terms in relation to your attendance to an Event, our liability to you is limited to the amount of the Event fee paid.
10.4 The limitations of liability in this clause 10 apply for the benefit of Field Gibson Media, its affiliates and all of their respective officers, directors, employees, agents, successors and assigns.
10.5 Nothing in these Terms shall limit or exclude our liability for any matters that cannot be limited or excluded under applicable law including for fraud or fraudulent misrepresentation, death or personal injury caused by Field Gibson Media's negligence.
11.1 Any notice given under or in connection with the Contract must be given by email. We will send notices to you to the email address specified in your registration form.
11.2 A notice sent by email is deemed to have been received at 9.00 am the next working day after transmission.
11.3 In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
12.1 Force majeure. We shall have no liability to you under these Terms if we are prevented from, delayed or interrupted in performing our obligations under these Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our control provided that you are notified of such an event and its expected duration.
12.2 Changes to Events. We accept sponsorship and delegate bookings on the understanding that the programme information listed in the Event documentation is correct at the time of publication but, in certain circumstances, we may need to change the content, format, venue or timing of an Event. For example, we may need to convert the format of an Event from being in-person to online at short notice where required by applicable law or where advised by official government guidance as a result of a pandemic or epidemic. We will notify all attendees of such changes prior to the Event affected by changes by posting the changes on the relevant Website and notifying you by email.
12.3 Assignment and transfer. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms to any affiliated company or any other party by giving notice to you in writing.
12.4 Severance. If any provision of these Terms found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the invalidity, illegality or unenforceability of that provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
12.5 Variation. We reserve the right to vary these Terms at any time. We will notify you of such changes by publishing the updated Terms on the relevant Website and we email you details of any material changes. You will be deemed to have accepted such variations by continuing to use the Content or by attending the Event after such changes have been published or notified to you. We recommend that you check the relevant Websites regularly to take note of any changes. These Terms were last updated on 14 May 2021.
12.6 Waiver. If either party delays or fails to exercise any right or remedy under these Terms, it will not have waived that right or remedy.
12.7 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
12.8 Governing law and jurisdiction. The Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from matters relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.