General terms and conditions for contracts on participation at the EVOLVE! Masterclass conference
I. INTRODUCTORY PROVISIONS
- These general business terms and conditions of Engage Advisory s.r.o., having its registered seat at Jakubské náměstí 580/4, Brno, Postal Code 602 00; company registration number: 05433762; VAT number: CZ05433762; entered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 95319 (hereinafter as “Organiser”), govern the mutual terms and conditions, pursuant to the provisions of Section 1751 Para 1 of act number 89/2012 Sb., the Civil Code, arising from the contract on participation at the EVOLVE! Masterclass conference held on 17th and 19th April, 2018 in Budapest and Prague (this contract shall hereinafter be referred to as “contract on participation at the conference” and the EVOLVE! Masterclass conference held on 17th and 19th April, 2018 in Budapest and Prague shall hereinafter be referred to as “conference”), pursuant to the provisions of Section 1746 Para 2 of the Civil Code (hereinafter as “BTC”), between the Organiser and Participants at the conference (hereinafter as “Participant”). The BTC govern the fundamental legal relations between the Organiser and the Participant and any deviations from these BTC are subject to a separate agreement.
II. CONCLUSION AND SCOPE OF THE CONTRACT ON PARTICIPATION AT CONFERENCE
- The Organiser makes an offer, via its website or other electronic means, for the submission of applications for the conclusion of a contract on participation at the conference; the provisions of Section 1732 of the Civil Code shall not apply. Using the order form via the interface at www.evolvemasterclass.com, the Participants submit their proposal for the conclusion of the contract on participation at the conference.
- The proposal for the conclusion of the contract on participation at the conference made by the Participant must include, as a minimum, their name and full address of the Participant (or the names of the persons appointed by the Participant who shall attend the conference), e-mail address and the acknowledgement of these BTC. The delivery of the proposal for the conclusion of the contract on participation at the conference and the acknowledgement of the proposal by the Organiser, via an e-mail to the e-mail address of the Participant given in the header of the proposal for the conclusion of the contract on participation at the conference, shall constitute the conclusion of the contract on participation at the conference. In the case of missing data the Participant’s offer shall not constitute a proposal for the conclusion of the contract on participation at the conference but only a request for proposal by the Organiser; otherwise the provisions of Section 1731 et seq. of the Civil Code shall apply.
- The participation fee can be paid online by a credit card or via a bank transfer to the bank account of the Organiser pursuant to a tax document issued by the Organiser. In the case of a bank transfer, the purchase price is due within 15 days of the date of issue of the tax document. The contracting parties have agreed upon a resolutive condition according to which the failure to pay the participation fee by the agreed-upon deadline will result in the annulment of the contract on participation at the conference. The participation fee for one day shall be 340 € excluding VAT.
- Once paid, the participation fee is only reimbursed in the case of a legitimate reason for absence, based on the Participant’s legitimate request by 3rd April, 2018 After this date only the person attending can be changed. The name of the person attending on behalf of the Participant can only be changed once. A request for the change of the Participant must be submitted by 10th April, 2018, any subsequent requests will be disregarded. The Organiser shall decide on the Participant’s request without an undue delay.
- The right to attend the conference and all types of passes are non-transferrable; they can only be used by the Participant (or persons named by the Participant in their proposal to conclude a contract on participation at the conference). Only the Participant (or persons named by the Participant in their proposal to conclude a contract on participation at the conference) may attend. The Participant (or persons named by the Participant in their proposal to conclude a contract on participation at the conference) shall obtain an access card upon the submission of their individual registration code.
III. SCOPE OF CONFERENCE
- The EVOLVE! Masterclass conference shall be held on 17th and 19th April, 2018 in Budapest and Prague. The Participant and the Organiser acknowledge as a key aspect of the conference its main agenda of recruitment and sourcing in the CEE region; i.e. the speakers, duration and topics of individual speeches are not relevant for the decision to conclude the contract on participation at the conference. The Organiser reserves the right to make changes regarding the conference under reasonable circumstances, in particular its date, time, venue, duration, speakers and other aspects; to this end, the Organiser undertakes to inform the Participant about any such change by e-mail or otherwise. In the event of any aforementioned changes in the attributes of the conference the contents of the contract on participation at the conference and the participation fee shall remain unaffected. The agenda and scope of the conference, as presented on the website www.evolvemasterclass.com, are for reference only. Participants are not entitled to make audio-visual recordings during the conference.
IV. OTHER PROVISION
- The Organiser shall preferably send its notices to the Participant via e-mail, to the address given in the proposal to conclude the contract on participation at the conference. The contracting parties hereby declare to have accepted simple e-mails as the appropriate written form; i.e. no verification of identity is required from authorised persons via authenticated signature. The e-mail address of the Organiser is firstname.lastname@example.org. A notice sent to the Participant electronically shall be deemed properly delivered on the day of acknowledgement of receipt, but in any event on the third day after sending. The Participant is obliged to inform the other party about any changes in contact information provided upon the conclusion of the contract on participation at the conference. The Participant is responsible for any consequence of the breach of this obligation.
- The Organiser is liable towards the Participant for any breach of obligations arising from the applicable legislation or the contract on participation at the conference or these BTC and the resulting property and non-property damages whose amount shall not exceed the conference participation fee.
- Should the circumstances referred to in Section 2913 of the Civil Code occur, the Organiser shall be obliged to inform the other contracting party. As long as circumstances excluding liability last, the Participant may not impose sanctions for the breach of mutual rights and obligations. Should these circumstances last for more than three months, either contracting party is entitled to withdraw from the contract on participation at the conference.
- Considering the nature of the conference, the Participant is regarded as a professional and not a consumer pursuant to the provisions of Section 419 of the Civil Code. Therefore, the provisions on consumer protection shall not apply, especially the provisions of Section 1810 et seq. of the Civil Code. The statute of limitations regarding the rights the Participant may have towards the Organiser shall be one year.
- These BTC shall also apply, to a reasonable extent and in accordance with the applicable law, to situations where a person wishing to conclude the contract on participation at the conference with the Organiser is a consumer within the meaning of Section 419 of the Civil Code. If, upon the conclusion of the contract on participation at the conference, the status of the Participant is that of a consumer, the waiver of rights as provided in these BTC and the agreed-upon statute of limitations shall not apply.
- The proposal for the conclusion of the contract will be kept by the Organiser and provided to the Participant, if requested. The contract on participation at the conference is concluded in English. The form of the proposal for the conclusion of the contract on participation at the conference allows the correction and addition of data until it is finally sent. The Participant may assert their legal right to withdraw from the contract subject to the conditions stipulated by Section 2001 et seq. of the Civil Code, by a written withdrawal notice delivered to the registered seat of the Organiser. In the event of withdrawal from the contract on participation at the conference after partial performance of the contract for the benefit of the Participant, the Participant shall be obliged to pay the pro rata part of the participation fee. For the reasons stipulated in Section 1837 Letter j) of the Civil Code, the Participant is not entitled to withdraw from the participation at the conference in the manner described in Section 1829 of the Civil Code, as this constitutes a contract on leisure activities and the relevant performance (participation at a conference) is provided over a course of time. The rights arising from faulty performance within the meaning of Section 1914 et seq. of the Civil Code (“complaint”) can be asserted by the Participant via an e-mail to the Organiser or in writing by a letter sent to the Organiser’s registered seat address. The complaint will be processed within 30 days of receipt.
- The Organiser shall inform the Participant (as they are a consumer) about the possibility to resolve a dispute in an out-of-court proceeding. The competent authority for the purpose of out-of-court settlements is the Czech Trade Inspection Authority (Česká obchodní inspekce), having its registered seat at Štěpánská 567/15, Prague 2, Postal Code 120 00, www.coi.cz. The consumer is entitled to out-of-court settlement of a consumer-related dispute arising from the contract on participation at the conference.
V. FINAL PROVISIONS
- The Organiser shall abide by the principles of personal data protection as presented on the Organiser’s website.
- The Organiser is entitled to change or amend these BTC as necessary, in particular due to changes in circumstances related to the organisation of the conference or due to changes in circumstances on the part of the Organiser; and the Participant hereby grants there prior consent with these changes and amendments. This provision does not affect the rights and obligations established in accordance with the current version of the business terms and conditions. The Organiser shall inform the Participant about changes in the BTC in an appropriate manner. The Participant is entitled to reject the changes and withdraw from the contract on participation at the conference within 30 days of receipt of the notice on changes in the BTC, as made in accordance with these BTC.
- Should any provision of the BTC be or become invalid or ineffective, it shall be replaced by a provision whose meaning is as similar as possible to that of the original provision. The invalidity or ineffectiveness of any provision does not affect the validity of the remaining provisions.
- These BTC are drawn up in English only.
- Should the relationship established by the contract on participation at a conference include an international element, the contracting parties have agreed that the relationship shall be governed by the legislation of the Czech Republic. Any disputes arising from the contract on participation at the conference and in relation to it will be resolved before Czech courts.
- These BTC shall become valid and effective on 1st February, 2018 Any contractual relations existing prior to the coming into effect of these BTC shall remain valid and subject to the terms and conditions in force at that time.
Brno, 1st February, 2018