PARTNERSHIP MEDIA GROUP LTD LIMITED trading as HE Professional
TERMS AND CONDITIONS – HE Professional
1.1. These are the terms and conditions (“HE Professional Terms”) that govern registration and membership of a Subscription, (as defined below) owned, operated or provided by Partnership Media Group Ltd (“PMG”) or another Group Company (as defined below).
1.2. Your membership and participation within HE Professional, and your enjoyment of any other benefits associated with a subscription, is conditional on you complying with these Subscription Terms. Any additional terms and conditions that are posted on specific websites and/or publications of any group company in relation to any Subscription shall be deemed incorporated into these Subscription Terms.
1.3. Please note that, where you register for and join a subscription, these HE Professional Terms will be governed by the laws of England and Wales and will operate as between PMG and you, to the maximum extent permissible under the law of the territory in which you are located.
In these HE Professional Terms, the following terms shall have the following meanings unless the context requires otherwise:
“you/your” means (as appropriate), the single, individual subscriber within the Subscription.
“we/us/our” means PMG and/or a group company of PMG.
“Agent” means an employee, partner, director, agent or representative of a company or other legal entity.
“Agreement” these Subscription Terms together with the relevant Order Confirmation.
“Content” means all materials, data, information and products provided as, relating to or forming part of the Subscription.
“Subscription” means our Learning Subscription product, accessed by a single subscriber, whereby we commit to providing access to contents and events across a 12-month period.
“Subscription Confirmation” means our acceptance of your registration to become a subscriber within the relevant HE Professional in writing (including by electronic mail).
“Group Company” means Partnership Media Group Ltd or any subsidiary of Partnership Media Group Ltd (including trading and brand names).
“Intellectual Property” means copyright, trade-marks, database rights and/or any other intellectual property rights as recognised in any jurisdiction.
“Registered Subscriber” means an individual who has registered with us access HE Professional, either in their own personal capacity, or as an Agent.
“Representatives” means our suppliers, content providers, licensors and other suppliers, officers, employees, partners, affiliates, subsidiaries, sub-contractors, successors and assigns, agents or representatives.
“Software” means any software that is made available for download from our websites relating to a Subscription or Content.
2.1. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
2.2. Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2.3. A reference to writing or written includes email.
- REGISTERED SUBSCRIBER
3.1. In order to access a HE Professional, you must register with us as a Registered Subscriber either:
3.1.1. in your own personal capacity, in which case you will be the Registered Subscriber for the HE Professional; or
3.1.2. as an Agent of a company or other legal entity, in which case such company or other legal entity will be the Registered Subscriber for the HE Professional.
3.2. In the event that you are an Agent, by agreeing to these Subscription Terms as set out below, you warrant that you have authority to agree to these Subscription Terms on behalf of the relevant Registered Subscriber and the Registered Subscriber shall be bound by these Subscription Terms.
- REGISTERING FOR HE PROFESSIONAL
4.1. You may request registration for HE Professional by:
4.1.1. completing a registration form through our website or other form as a “Registered Subscriber”; or
4.1.2. contacting us through email or telephone or post in accordance with the instructions from our website; or
4.2. Should you register for HE Professional after being contacted by a representative from PMG, by any media, you will be deemed to have subscribed as a subscriber and will be subject to these HE Professional Terms.
4.3. When requesting registration for HE Professional, you must provide us with accurate and complete information prior to joining the Subscription. It is your responsibility to inform us of any changes to that information (including your email address where requested) by updating your details on the relevant section of the applicable website or contacting us using contact details on the applicable website or such other contact information as is provided to you in any HE Professional Confirmation. If you do not provide accurate and complete information in connection with your registration, we may not be able to provide you with access to HE Professional or Content that you request or that are suitable to you.
- CONFIRMATION OF YOUR BOOKING
5.1. All registrations for HE Professional (requested pursuant to clause 4 above) are subject to availability and acceptance by us, which shall be at our absolute discretion. In the event that we accept your requested registration and subject to first receiving all reasonable information that we may require from you, we shall confirm our acceptance of your registration by issuing a HE Professional Confirmation to you.
5.2. Upon the issuing by us of the HE Professional Confirmation to you, there will be a legally binding contract between you and us to which these HE Professional Terms shall apply. If you do not receive the HE Professional Confirmation within 24 hours of booking, then it is the subscriber’s responsibility to follow this up.
5.3. Please read these HE Professional Terms carefully. These HE Professional Terms may be amended by us at any time, and we will notify you of any such change. It is your responsibility to bring these HE Professional Terms to the attention of anyone who may, through you, register for HE Professional or view or use any Content. It is also your responsibility to bring the HE Professional Terms to the attention of the relevant company or other legal entity where that company or other legal entity is the Registered Subscriber.
6.1. The applicable fees for HE Professional will be confirmed in our HE Professional Confirmation pursuant to clause 5 above. You shall pay the applicable fees in accordance with the instructions contained in the HE Professional Confirmation.
6.2. Any applicable taxes such as value added taxes shall be in addition to the fee and you shall be notified of any such taxes in the HE Professional Confirmation.
6.3. Fees for HE Professional are correct at the time of publication, but we reserve the right to amend the fees at any time but shall this not affect any registrations for which a HE Professional Confirmation has already been issued.
6.4. Payment is due within 30 days of the booking date. If payment has not been received within this period, subscribers will be removed from HE Professional, and a £150 + VAT administration fee will be charged.
6.5. Fees for HE Professional will be automatically renewed, 12 months after the period from the initial registration. Registered Subscribers or Agents will receive notification of our intent to process the automatic renewal, from or inside 30 days of the date of automatic renewal. We are not responsible if our notification of intent to process automatic renewal is not received for any technical reason, for example, but not limited to, those pursuant in clauses 9.2, 9.2.1 and 9.2.2.
6.7 You can use your membership to book to personally attend any event we run during your membership period, subject to availability. If you use your membership to register to attend an event that runs after the due renewal date of your subscription, your attendance is conditional on your subscription renewal.
- CHANGES TO A SUBSCRIPTION
7.1. In certain circumstances, it may be necessary for us to alter the format, content, delivery media and timing of HE Professional. The identity of the resource providers, the topics they cover or the timing of resources releases may be changed at any time without notice.
7.2.1. reserve the right to delete or change any aspect of the Resources and/or any of the technical specifications relating to HE Professional or any aspect of the same. You agree and acknowledge that such changes may result in you being unable to access the whole or any part of HE Professional for some time;
7.2.2. reserve the right to cancel the Subscription at any time; in such circumstances, we will refund any sum paid by you to us, on a pro-rated basis;
- CANCELLATIONS AND REFUNDS
8.1. You must send cancellations to us in writing 14 days after registering for HE Professional, or within 14 days of an automatically renewed subscription, within which a full refund will be granted. Cancellations received after this time or not put in writing will be subject to the full subscription fee. PMG will not be able to offer refunds for cancellations arising from events outside of our control due to any changes we make to a Subscription under clause 7 above.
8.2. If you have already attended an event of any kind within the first 14 days, then no refund will granted, but the subscription will still be cancelled.
- TECHNICAL SUPPORT
9.1. You are responsible for procuring the necessary equipment and the payment of utility, connectivity and other charges necessary to access and/or use HE Professional or Content (where applicable). We are not responsible for the reliability or continued availability of network connectivity lines and equipment you use to access and/or use any HE Professional or Content.
9.2. As HE Professional may require online Internet access, it is your responsibility to ensure that our technology is compatible with your systems prior to registering for such a subscription. Subject to any liability we cannot exclude or limit at law, we are not liable or responsible for:
9.2.1. any technical issues which may arise because of your failure to ensure compatibility of our technology with your systems; and/or
9.2.2. any delay, disruption or disturbance in the operation of the Internet or problems caused by your Internet Service Provider or for any telecommunications failures which are beyond our control and/or 24-hour access to HE Professional due to downtime for repairs, maintenance and/or repairs to our website.
9.3. We shall provide reasonable operational support between the hours of 9.00am to 5.30pm (GMT), Monday to Friday, where required for HE Professional. Requests for technical support should be sent to us by email and we shall respond as soon as practically possible.
- ACCESS TO HE PROFESSIONAL
10.1. When you register for HE Professional, which otherwise grants you access to Content made available online, you will be given one or more user names and passwords, as appropriate for your registration. Personal details will NOT be shared.
10.2. Except to the extent a user name and password is intended for more than one user as agreed by us in writing, or to the extent the Subscriber is registered via a third party, the following are not permitted:
10.2.1. sharing your user name and password with any other person (including for the avoidance of doubt, any other employee, partner, director, agent or representative of the Registered Subscriber where you are an Agent); nor
10.2.2. access through your user name and password being made available to multiple users on a network.
10.3. Notwithstanding the restrictions in clause 10.2 above, you are responsible for all access to HE Professional and/or use of any Content by you or anyone else using any of your user names and passwords and for protecting against unauthorised use of any of your user names and passwords. If you believe there has been any breach of security (such as the disclosure, theft or unauthorised use of any user name, password or any payment information), you must notify us immediately.
- REGISTERED SUBSCRIBER INFORMATION
11.1. As a Subscriber, your name, job title and organisation name, and any other details you choose to populate your event profile with, will be visible to all other attendees as well as sponsors and exhibitors (if present). Your contact details (email address, telephone number and postal address) will remain hidden.
- REGISTERED DELEGATE RESPONSIBILITIES
12.1. It is all Registered Subscribers responsibility adhere to our Subscription Membership Policy & Rules of Conduct. Namely, that;
12.1.2. We are committed to providing a professional, friendly, safe and welcoming environment for all subscribers, speakers, sponsors and exhibitors (if present), hosts and moderators participating in our Subscriptions, regardless of gender, sexual orientation, disability, race, ethnicity, religion, national origin or other protected class.
12.1.3. We expect all participants and subscribers to help ensure a safe and positive experience for everyone.
12.1.4. Unacceptable behaviour will not be tolerated at any time within HE Professional. Unacceptable behaviour includes but is not limited to:
- Intimidating, harassing, abusive, discriminatory, derogatory or demeaning speech or actions
- Harmful or prejudicial verbal or written comments or visual images related to gender, sexual orientation, race, religion, disability or other personal characteristics, including those protected by law
- Inappropriate use of nudity and/or sexual images
- Real or implied threat of professional or financial damage or harm
- Inappropriate disruption of the event
- Photographing, video or audio recording of slides, oral or poster presentations without our written prior permission
12.1.5. Consequences of misconduct, breach of our Subscription Membership Policy & Rules of Conduct and or participation in any behaviour mentioned in the above clause 12.1.4 may include:
- Being asked to refrain from anything further intimidating, harassing or unacceptable behaviours, whereby we expect subscriber to comply immediately
- Immediate removal from HE Professional without warning, and with no refund
- Restrictions from other Subscriptions and Events run by PMG Ltd.
12.2. If you are being harassed, notice that another subscriber is being harassed, or have any other concerns around unacceptable behaviour, please report these in writing. We will be happy to help subscribers assist those experiencing harassment to feel safe within HE Professional.
12.3. HE Professional is for those within the Higher Education sector. Registered Subscribers should use the platform for learning and networking purposes only. Commercial activity of any kind is forbidden on the platform. Any breaches to this may result in the immediate removal from the Subscription without warning, and with no refund.
12.4 When a subscriber registers to attend an event on HE Professional, and is no longer able to attend, it is the responsibility of the registered delegate to notify HE Professional in writing, with as much notice as possible, and no later than 7 days from the day of the event.
- YOUR USE OF CONTENT AND TRADE MARKS
13.1. All rights in and to HE Professional and Content relating to a Subscription belong to us, our group companies or our third-party content providers and are protected by the Intellectual Property laws of the UK, US and other relevant countries. We may license third parties to use the Content at our sole discretion.
13.2. You may use the Content solely for your own internal business use and benefit and not for resale or other transfer or disposition to any other person or entity. You may not use, reproduce, modify, transfer, exploit, distribute or dispose of any Content for any commercial purposes, whether indirect or direct, nor in any manner that might compete with our business.
13.3. Save for where provided otherwise in these HE Professional Terms, distributing, sharing, copying, posting, scanning, forwarding, selling, publishing, retransmitting or otherwise providing access to any part of the Content to anyone without our express prior written permission, is not authorised and may be a violation of national copyright law and the UK Copyright, Designs and Patents Act 1988.
13.4. Any request for permission to republish, reprint or use for any other purpose any of the Content or our trade marks should be sent to PMG in writing.
13.5. The Software belongs to us or our suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software. Do not install or use any Software unless you agree to such licence agreement.
- YOUR OBLIGATIONS
14.1. HE Professional is not intended for users of under eighteen (18) years of age, and such individuals are not permitted to be Registered Subscribers.
14.2. Without prejudice to clause 3.2 above, you represent and warrant that:
14.2.1. you have the capacity to agree to these HE Professional Terms; and
14.2.2. you are at least eighteen (18) years of age.
14.3. You undertake that you will:
14.3.1. comply with all applicable laws in relation to HE Professional and/or your use of the Content including laws relating to the use of Intellectual Property;
14.3.2. not use the Content outside the scope of permitted use under these HE Professional Terms and will not infringe any Intellectual Property or other rights in or relating to HE Professional or Content of any third party;
14.3.3. not copy, reproduce, recompile, decompile, disassemble, reverse engineer, upload, download, transmit, create derivative works from or otherwise exploit or tamper with any of our websites in relation to HE Professional or, subject to clause 13.5 above, any Software or other software embodied in any of our websites relating to HE Professional or the Content;
14.3.4. not restrict the use or the access of any of our websites, platforms and/or Content by other registered Subscribers or authorised users nor hack into or cause damage to any server or other equipment operated by us;
14.3.5. conduct yourself in an appropriate business-like while subscribed;
14.3.6. not record, film or take photographs of any resources and or contents within the Subscription unless expressly permitted by us; and
14.4. We reserve the right, without any liability (subject to any liability we cannot exclude or limit at law), to refuse you admission or eject you from HE Professional for failure to comply with these HE Professional Terms; or if in our opinion you represent a security risk, nuisance or annoyance to the running of HE Professional.
- OUR OBLIGATIONS
15.1. We will exercise reasonable skill and care in our provision of HE Professional to Registered Subscribers, but from time to time faults may occur, in which case we will use reasonable efforts to repair them as soon as reasonably practicable.
15.2. We will endeavour to ensure HE Professional is priced correctly on the websites or other publications (or otherwise in the Content). However, errors may occur. If such a pricing error is discovered, we reserve the right of reconfirming your order at the correct price.
- LIMITATIONS OF LIABILITY
16.1. Nothing in this Agreement excludes or limits our liability for:
16.1.1. death or personal injury caused by our negligence; Do we need to remove this as nothing is in person or best to keep anyway?
16.1.2. fraud or fraudulent misrepresentation; or
16.1.3. any other liability which cannot be excluded or limited by law.
16.2. Subject to clause 16.1 above,:
16.2.1. we and our Representatives shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and
16.2.2. our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the greater of (i) £, and (ii) the total amount paid to us by you under this Agreement for your subscription.
17.1. You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:
17.1.1. any claim made against us by any third party arising out of HE Professional, the actions or omissions of the Client or its employees, agents or subcontractors, or the performance (or failure in performance) of this Agreement by you;
17.1.2. any breach by you of any of the warranties, representations and undertakings in clause 14 above; and/or
17.1.3. the use by third parties of any user name and password issued to you by us, except in circumstances where you can demonstrate to our satisfaction that such third party obtained the relevant details through no fault (including, without limitation, negligence) of your own.
This indemnity shall apply whether or not the Company has been negligent or at fault.
18.1. Either party may terminate this agreement in accordance with clause 8 above.
18.2. We may terminate this Agreement with immediate effect without providing notice to you, if you commit a breach of the HE Professional Terms.
18.3. Cancellation of your access to HE Professional and use of any Content shall not affect any provision of this Agreement which is expressly or by implication intended to come into effect or to continue in effect after such cancellation or expiry.
18.4. Cancellation of your access to HE Professional and use of any of the Content on these HE Professional Terms shall not affect our right to receive any outstanding sums due to us at the date of cancellation, which sums shall be payable within fifteen (15) days of such cancellation.
- ENTIRE AGREEMENT
19.1. This Agreement constitutes the entire agreement between us and you and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.
19.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.
- LAW AND JURISDICTION
20.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
20.2. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter.
- FORCE MAJEURE
21.1. We shall not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any service or our obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control, including acts of God, explosions, floods, fire or accident, war or threat of war, terrorism or threat of terrorism, sabotage, civil disturbance, epidemic, pandemic, quarantine restriction, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, or industrial actions or trade disputes (whether involving our employees or of third parties).
- ASSIGNMENT AND SUB-CONTRACTING
22.1. You must not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, this Agreement or any right, benefit or interest under it, nor transfer, novate or sub-contract any of your obligations under it, without our prior written consent (such consent not to be unreasonably withheld or delayed).
23.1. Any notice which is required to be given pursuant to these HE Professional Terms shall be made by email or first-class post, in the case of you, to the address provided on your registration form and, in the case of us, to the address posted on the relevant website. Any such notice shall be deemed to have arrived if sent by post within three (3) days of posting and if sent by email at the time of transmission.
- THIRD PARTY RIGHTS
24.1. A person who is not us or you shall not have any rights under or in connection with this Agreement.