Dods Advertising
1. Definitions
In these terms and conditions:
"Advertisement" includes loose 'insert' or other 'insert' where appropriate.
"Advertiser" means the person booking the advertising space and shall include advertising agents and independent media buyers.
"Confirmation of Order" means written confirmation that the Publisher has received an Order Form and accepted the Advertiser's order.
"Contract" means a legally binding booking accepted by the Publisher in accordance with Paragraph 2 for publication of an Advertisement.
"Fee" means the fee payable by the Advertiser as shown in the Confirmation of Order and any additional fees payable under this Contract.
"Order Form" means the order form in the format specified by the Publisher from time to time.
"Publisher" means Dods Parliamentary Communications Limited (registered number 01262354) registered office 4 Grosvenor Place, London, SW1X 7DL but trading from 21 Dartmouth Street, Westminster, London, SW1H 9BP.
"Rate Card" means the Publisher's current scale of charges for Advertisements, a current copy of which may be obtained from the Publisher.
2. Formation Of Contract
2.1 An application to purchase advertising space shall be made on an Order Form.
2.2 The person or persons signing an Order Form on behalf of the Advertiser shall be deemed to have full authority to do so on behalf of the Advertiser and the Advertiser shall have no right to claim as against the Publisher that such a person or persons did not have such authority.
2.3 The Contract is formed when the Advertiser receives a Confirmation of Order from the Publisher in response to an Order Form. For the avoidance of doubt, no Contract will come into existence until a Confirmation of Order is issued by the Publisher.
3. Advertiser Warranties
The Advertiser warrants that:
3.1 in relation to an Advertisement, the Advertiser contracts with the Publisher as principal, notwithstanding that the Advertiser may be acting directly or indirectly for an Advertiser as an advertising agent or media buyer or in some other representative capacity;
3.2 the reproduction and/or publication of the Advertisement as originally submitted or as amended pursuant to Paragraphs 4.1 and 4.3 will not breach any contract or infringe or violate any copyright, trade mark or any other personal or proprietary right of any person or render the Publisher liable to any claim or proceedings whatsoever;
3.3 all information supplied by the Advertiser in connection with the Advertisement, or contained in the Advertisement is accurate, complete and true;
3.4 in respect of any Advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy;
3.5 in relation to any investment Advertisement, Advertiser is, or the Advertisement has been approved by, an authorised person within the meaning of the Financial Services and Markets Act 2000 or the Advertisement is otherwise permitted under that Act;
3.6 the Advertisement complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Union) for the time being in force or applicable in the United Kingdom; and
3.7 all advertising copy submitted to the Publisher is legal, decent, honest and truthful and complies with the British Code of Advertising Practice (as published from time to time) and all other relevant codes under the general supervision of the Advertising Standards Authority (or any body which undertakes similar activities in replacement of such body) ("Codes").
4. Publisher's Rights
4.1 The Publisher may reject or require to be amended, any artwork, materials and copy for or relating to an Advertisement so as to comply with legal or moral obligations placed on the Publisher or the Advertiser, or to avoid infringing a third party's rights or the Codes.
4.2 Whilst the Publisher will use reasonable efforts to comply with the Advertiser's wishes, it gives no representation, warranty or undertaking as to the date of insertion, the wording, or the quality of the colour or mono reproduction of the Advertisement.
4.3 Charges will be made to the Advertiser where production work of any kind is required to put the Advertisement in a form suitable for publication for any reason and at any stage. The Publisher will notify the Advertiser of such charges in writing upon receipt of Advertisement copy and these charges will be agreed prior to publication. In the event that the requirement for such production work does not become apparent to the Publisher until the manufacturing cycle begins, the Publisher will make reasonable standard charges to cover the cost of the work undertaken.
4.4 If the Publisher considers it necessary to alter the date or position of insertion or make any other alteration it shall notify the Advertiser of this as soon as it reasonably can and the Advertiser will have the right to cancel the insertion of that Advertisement if the alterations requested are unacceptable. If such changes are due to circumstances beyond the Publisher's control and cannot be notified to the Advertiser prior to commencement of the printing cycle of the relevant publication, the Advertiser shall be liable for the Fee.
4.5 The Publisher reserves the right in its absolute discretion to cancel the Contract or to omit or suspend an Advertisement for good reason (for example if the Advertisement is libellous, defamatory, pornographic, socially unacceptable, insensitive or otherwise contrary to editorial policy). Should cancellation, omission or suspension be due to the act or default of the Advertiser or its servants or agents including the unsuitability of the Advertisement as indicated above, then the Advertiser shall pay for the space reserved for the Advertisement in full notwithstanding that the Advertisement has not appeared. Such cancellation, omission or suspension shall be notified to the Advertiser as soon as possible.
4.6 In circumstances where, in the Publisher's discretion, the Publisher arranges to supply proofs of copy to the Advertiser, all copy must be supplied by the Advertiser to the Publisher by the last time for receiving copy as stated on the Confirmation of Order. If all copy is not received on this date, the Publisher cannot guarantee that proofs will be supplied or corrections made.
4.7 If final copy instructions are not received by the last time for receiving copy, the Publisher reserves the right in its absolute discretion to repeat the Advertiser's existing copy in its possession where appropriate or, where the Publisher does not hold any copy, to omit the Advertisement and to charge for the space reserved in accordance with Paragraph 5.
5. Payment
5.1 Unless otherwise stipulated by the Publisher, payment is due from the Advertiser within 14 days of the date of the invoice which will be issued on publication of the Advertisement. If the Advertiser defaults in making payment of any sums by the due date, the Publisher reserves the right to require immediate payment for all Advertising space booked by the Advertiser. If such payment is not received, the Publisher shall be entitled to:
5.1.1 terminate the Contract forthwith by written notice to the Advertiser;
5.1.2 require payment in advance for any future bookings, and pending such payment to omit or suspend all or any Advertisements due to appear under an existing Contract with the Advertiser.
5.2 If any sum payable under this Contract is not paid when due, then that sum shall bear interest from the due date until payment is made in full, both before and after any judgment, at 4 per cent per annum over the Lloyds TSB Bank plc base rate from time to time.
5.3 All amounts are subject to VAT charged at 17.5% or at any other prevailing rate, unless otherwise stated.
6. Liabilities
6.1 In the event of any breach of the Publisher's express obligations under the Contract, the Advertiser's remedies will be limited to damages.
6.2 The Publisher does not exclude its liability (if any) to the Advertiser:
6.2.1 for personal injury or death resulting from the Publisher's negligence;
6.2.2 for fraud or fraudulent misrepresentation;
6.2.3 for any matter for which it would be illegal for the Publisher to exclude or to attempt to exclude its liability.
6.3 The Publisher will exercise reasonable care and skill in the handling and publishing of the Advertisement but where the Advertisement is not published in the manner specified in the Contract, or at all, the Publisher's maximum liability to the Advertiser shall be as set out in Paragraph 8.
7. Except as provided in Paragraphs 6 and 8, the Publisher will be under no liability to the Advertiser whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:
7.1.1 any breach by the Publisher of any of the express or implied terms of this Contract;
7.1.2 any statement made or not made, or advice given or not given, by or on behalf of the Publisher; or otherwise under this Contract.
7.2 Except as provided in Paragraphs 6.1 and 6.2, the Publisher hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the Advertiser.
7.3 Each of the Publisher's employees, agents and sub-contractors may rely upon and enforce the exclusions and restrictions of liability in Paragraphs 6.1 to 7.2 in that person's own name and for that person's own benefit, as if the words "its employees, agents and sub-contractors" followed the word Publisher wherever it appears in those paragraphs.
7.4 The Advertiser acknowledges that the above provisions of Paragraphs 6 and 7 are reasonable and reflected in the Fee which would be higher without those provisions, and the Advertiser will accept such risk and/or insure accordingly.
7.5 The Publisher shall not be liable in respect of any error or omission in respect of publishing the Advertisement which is not notified to the Publisher in writing within one calendar month of the publication date of the Advertisement and shall have no liability to the Advertiser save as set out in Paragraph 6.2.
7.6 It shall be the Advertiser's responsibility to check the correctness of the Advertisement (and of each insertion of the Advertisement if more than one). The Publisher assumes no responsibility for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately after the error occurs.
8. Subject to Paragraphs 6.2 and 7, the Publisher's aggregate liability under this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct loss howsoever caused or arising shall be limited to the Fee.
9. Indemnity
9.1 The Advertiser agrees to indemnify, keep indemnified and hold harmless the Publisher from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss), damages, claims, demands, proceedings or legal costs (on a full indemnity basis) and judgments which the Publisher incurs or suffers as a consequence of a direct or indirect breach or negligent performance or failure in performance by the Advertiser of the terms of the Contract.
10. Termination
10.1 The Advertiser may cancel any Contract at any time at least two week prior to the copy deadline date of a particular insertion. Cancellation will be effective once written notice thereof is received by the Publisher.
10.2 The Advertiser's property, originals, artwork, type, mechanicals, positives etc are held by the Publisher at the Advertiser's risk and should be insured by the Advertiser against loss or damage from whatever cause. After performance of the Contract relating to such materials, the Advertiser shall be responsible for collecting all such materials which it requires from the Publisher's premises, failing which, the Publisher reserves the right to destroy all originals, artwork, type, mechanicals, positives etc which has been in its possession for more than six months and no liability shall be attached to the Publisher in respect of such destruction.
11. Data Protection
Your information will be held by the Publisher, in accordance with the Data Protection Act 1998 and added to our marketing databases. It may be used for internal statistical analysis, to fulfil any requests from you for further information and services and to contact you by mail, telephone or email about other services or events offered by the Publisher. We may pass your details to our associated companies, but we will only allow their use for the purposes mentioned above. We may also transfer your details to any successor to our business (or a relevant part of it). This privacy statement applies to all information that we hold about you.
If you have any queries regarding our Data Protection Policy, please call Huveaux's head office on 0207 245 0270 and we will assist you with your queries.
12. General
12.1 The Contract, together with any such additional terms and conditions as may be set out in the Rate Card or Order Form contains all the terms which the Publisher and Advertiser have agreed in relation to the publishing of the Advertisement. In the event of any inconsistency between these Terms and Conditions, and those set out in the Rate Card or Order Form, these Terms and Conditions shall prevail. The Advertiser acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Publisher which is not set out in the Contract, Rate Card or Order Form. Nothing in this Paragraph 12.1 will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.
12.2 Each right or remedy of the Publisher under the Contract is without prejudice to any other right or remedy of the Publisher under this or any other contract.
12.3 Any notice in connection with the Contract will be in writing addressed to the Publisher at 3rd Floor Westminster Tower, 3 Albert Embankment, London, SE1 7SP, or in relation to the Advertiser, at the address supplied on the Order Form and will be delivered by hand, or first class or special delivery post. The notice will be deemed to have been duly served, if delivered by hand, when left at the proper address for service or if made by pre-paid, first class post or special delivery post, 48 hours after being posted.
13. If any paragraph or part of the Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from the Contract and will be ineffective without, as far as is possible, modifying any other provision or part of the Contract and this will not affect any other provisions of the Contract which will remain in full force and effect.
14. No failure or delay by the Publisher to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
15. The Advertiser may not assign, or transfer any of its rights or obligations under the Contract without the prior written consent of the Publisher. The Publisher may assign all or any part of the Contract without giving notice to or obtaining the consent of the Advertiser.
16. Save as provided in Paragraph 7.3, the parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
17. The formation, existence, construction, performance, validity and all aspects whatsoever of the Contract or of any term of the Contract will be governed by English law. The English Courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with the Contract. The parties agree to submit to that jurisdiction.
Dods Events
1. Definitions
In these Terms and Conditions:
"Contract" means the contract entered into between the Sponsor and Dod's as described in Paragraph 2.
"Contractor" means any person, firm or entity engaged by the Sponsor in connection with the construction, dressing, fitting out and dismantling of Stands and the installation and removal of Exhibits.
"Dod's" means Dods Parliamentary Communications Ltd (registered number 01262354) registered office 4 Grosvenor Place, London, SW1X 7DL but trading from 21 Dartmouth Street, Westminster, London SW1H 9BP.
"Event" means an event, covered by a Contract, itself.
"Exhibit" means the Sponsor's exhibit, and any article used by the Sponsor in its exhibit including any form of panels, graphics, posters, branding or free standing or fixed banners.
"Landlord" means the proprietor(s) of the Event premises.
"Sponsor" means the company or individual detailed on the Sponsorship Form.
"Sponsorship Fee" means the fee payable by the Sponsor as shown in the Sponsorship Form.
"Sponsorship Form" means the sponsorship form in the format issued by Dod's from time to time.
"Sponsor's Information Pack" means the information pack for the Event which Dod's will send to the Sponsor.
"Sponsor's Manual" means the Sponsor's manual for the Event issued by Dod's.
"Sponsor's Space" means the area applied for by a Sponsor or the area allotted to a Sponsor in accordance with the Contract without any installations thereon.
References to Paragraphs shall be to paragraphs of these Terms and Conditions.
2. Formation Of Contract
2.1 The Contract is formed either when Dod's receives a signed Sponsorship Form and initial payment (as detailed in Paragraph 9.1) from the Sponsor, or when an order is placed by telephone, receipt by Dod's of an email from the Sponsor confirming the details of the order and that the Sponsor is willing to be bound by these Terms and Conditions
.2.2 Where the Sponsor is not acting as an individual, the person or persons signing the Sponsorship Form on behalf of the Sponsor shall be deemed to have full authority to do so on behalf of the company or other entity it represents and the Sponsor shall have no right to claim as against Dod's that such a person or persons did not have such authority.
2.3 The Contract will be upon these Terms and Conditions to the exclusion of all other terms and conditions and all previous oral or written representations, including any terms or conditions which the Sponsor purports to apply under any purchase order, confirmation of order or similar document, whether or not such document is referred to in the Contract. Nothing in this Paragraph 2.3 will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.
3. Compliance With Rules And Regulations
3.1 The Sponsor, and any Contractors employed by it, shall comply with all obligations laid out below, any obligations imposed by the Landlord, and all applicable law and regulations.
3.2 The Sponsor shall notify all agents or Contractors employed by it of such of the obligations laid out in these terms and conditions as may affect such agents or Contractors.
3.3 The Sponsor shall have sole responsibility for any claims arising from the actions of its Contractors.
4. Exhibits And Attendees
4.1 The Sponsor, its employees, agents or any Contractors employed by it, will at all times maintain a high level of skill, care and diligence when preparing and installing the Exhibit at the Event.
4.2 The Sponsor warrants that its Exhibit will not breach any contract or infringe or violate any copyright, trade mark or any other personal or proprietary rights of any person or render the Publisher liable to any claim or proceedings whatsoever.
4.3 The Sponsor must submit to Dod's for its prior approval not less than five days prior to the Event details of the Sponsor's proposed display features, advertising material, sales methods and/or demonstrations.
4.4 The Sponsor may only display or distribute advertising or display material within its own Sponsor's Space, except with the express written permission of Dod's.
4.5 Dod's reserves the right to require the Sponsor to remove any Exhibit if Dod's, in its absolute discretion, considers that it is libellous, obscene, undesirable or detrimental to the Event, other exhibitors, or the general interests of Dod's or any other company from time to time forming part of the same group of companies as Dod's, or that it infringes the rights of any third party.
4.6 The Sponsor shall list in the Sponsorship Form the names of the individuals who will attend the Event. If there are any alterations to this list, the Sponsor must inform Dod's of this change as soon as possible. Dod's shall have the right to refuse entry to any individual not appearing on the list of names supplied on the Sponsorship Form.
4.7 Those individuals listed in the Sponsorship Form must bring photographic personal identification to the Event in the form of a passport or driving licence. If an individual does not bring such identification, Dod's shall have the right to refuse that individual entry to the Event.
4.8 The Sponsor shall ensure that no individuals employed by it at the Event behave in a manner which Dod's reasonably believes to be detrimental to the Event.
4.9 Dod's reserves the right in its absolute discretion to exclude, or to require the removal from the Event of any person (including employees and agents of the Sponsor and its Contractors or other persons connected with the Sponsor) whose presence in Dod's opinion is or is likely to be detrimental to the Event.
5. Dangerous and Excluded Material
The Sponsor shall ensure that the following are excluded from the Event; any matters of an obscene or libellous nature, explosives, detonating or fulminating compounds and all dangerous, noxious and harmful substances. Objects and substances referred to in this Paragraph may only be exhibited in the form of imitations and on condition that they contain no dangerous matter.
6. Fire Precautions
All materials used for building, decorating or covering the Exhibit and materials distributed at the Event by the Sponsor, must be of a suitable nature and the Sponsor must observe and comply with any requirements made or instructions given by any local or other relevant authority in relation thereto
.7. Allocation Of Space
7.1 Dod's cannot guarantee the exact location of the Sponsor's Space prior to the Event. Although every effort will be made to keep alteration to a minimum, Dod's reserves the right to alter the location of any Sponsor's Space and the layout of the Event at any time prior to, or during the Event. Dod's shall proportionally reduce the cost to any Sponsor whose Sponsor's Space is reduced in area but shall not be liable to make any further payment or compensation.
7.2 Sponsor's Space may only be occupied by the Sponsor named on the Sponsorship Form and by its associated or subsidiary companies, the names of which must be stated on the Sponsorship Form.
7.3 Dod's, the Landlord and those authorised by them have the right to enter any part of the Event premises at any time to execute works, repairs and alterations and for other purposes. No compensation will be payable to the Sponsor for damage, loss or inconvenience however so caused except where resulting from a negligent act or negligent omission on Dod's part.
7.4 The Sponsor shall not do or permit anything to be done that would vitiate or affect the fire or other insurance policies or licences covering the Event or Event premises.
8. Security
8.1 Dod's will not be responsible for the security of items brought in by the Sponsor, its employees, agents or Contractors and shall have no liability to the Sponsor arising from the loss of or damage to such items.
9. Payment Terms
9.1 Payment for 100% of the agreed fee is due immediately upon receipt of the sales invoice unless otherwise stated on the order form.
9.2 If the Sponsor has not paid the Sponsorship Fee by the relevant date(s), the Sponsor will be deemed to have forfeited its right to participate in the Event and shall not be entitled to a refund of any part of the Sponsorship Fee already paid.
9.3 All Exhibits are subject to a general lien and power of sale in favour of Dod's for all sums owed by the Sponsor to Dod's.
9.4 All sums payable under this Contract are exclusive of any value added tax or any other applicable tax which the Sponsor shall pay in addition when due.
9.5 If any sum payable under this Contract is not paid when due, then that sum shall bear interest from the due date until payment is made in full, both before and after any judgment, at 4 per cent per annum over Lloyds TSB Bank plc base rate from time to time.
9.6 All amounts are subject to VAT charged at 20% or at any other prevailing rate, unless otherwise stated.
10. Attendance By Other Exhibitors
10.1 The name of any other exhibitor which may appear on any plan or Sponsor's Space number or any statement made by or on behalf of Dod's that any company, person or party is booked to attend the Event provisionally or otherwise shall not constitute a warranty, representation or undertaking by Dod's that such person, company or party shall attend the Event at any particular location or at all.
10.2 No application for Sponsor's Space or acceptance thereof shall be conditional on attendance or location of any other Sponsor or potential sponsor.
11. Termination, Withdrawl and Variation
11.1 Without prejudice to its other rights and remedies, Dod's shall be entitled to terminate the Contract by written notice to the Sponsor if:
11.1.1 the Sponsor fails to comply with any term of the Contract at any time prior to the Event and such failure if capable of remedy is not remedied within 14 days, or if shorter, the commencement of the Event, after receiving written notice from Dod's requesting the same to be remedied; or
11.1.2 the Sponsor fails to comply with this Contract at any time following commencement of the Event and such failure is not remedied immediately upon receipt of written or oral notice from Dod's or Landlord requesting the same to be remedied; or
11.1.3 the Sponsor becomes bankrupt, insolvent, has a receiver, administrator or administrative receiver appointed in respect of its assets or enters into any arrangement with its creditors; or
11.1.4 ceases or threatens to cease to carry on business; or
11.1.5 has a receiver appointed under the Mental Health Act 1983, or dies; or
11.1.6 Dod's reasonably believes that any of the events mentioned above is about to occur and notifies the Sponsor accordingly.
11.2 The Sponsor may only withdraw from the Event at the discretion of Dod's and subject to the following conditions:
11.2.1 The Sponsor must give Dod's written notice of its intention to withdraw and Dod's will notify the Sponsor of its decision in writing.
11.2.2 Dod's written agreement to the Sponsor's withdrawal shall constitute a termination of this Contract and the provisions of Paragraph 11.3 shall apply.
11.3 Upon termination of the Contract in accordance with Paragraph 11.2, the Sponsor shall be entitled to a refund of the Sponsorship Fee or any part thereof already paid in the following amounts;
11.3.1 Where notice of cancellation is received by Dod's more than 9 months before the Event - 100% of the Sponsorship Fee;
11.3.2 Where notice of cancellation is received by Dod's less than 9 months and more than 3 months before the Event - 75% of the Sponsorship Fee;
11.3.3 Where notice of cancellation is received by Dod's less than 3 months before the Event - 25% of the Sponsorship Fee.
11.4 In all instances, an administration fee equivalent to 25% of the Sponsorship Fee, or where the Sponsor has obtained a discounted rate for booking early, 25% of the Sponsorship Fee payable before discount will be deducted.
11.5 the Sponsor shall not be entitled to claim against Dod's for any direct loss or other consequential loss on the termination of the Contract.
12. Licensor AND Licensee
The relationship of licensor and licensee shall exist between the Landlord and the Sponsor in relation to the Sponsor's Space allocated under this Contract, and nothing in the Contract shall create a tenancy between Dod's and the Sponsor.
13. Promotions And Representations
Dod's shall use its reasonable endeavours to organise and promote the Event in such manner as it considers appropriate and reserves the right to amend or vary the manner or methods of such organisation and promotion. Any statements made by or on behalf of the Event as to audience projections or methods or timing of promotion shall constitute only general indications of the Event promotion and organising strategy and shall not amount to any representation or warranty.
14. Postponement Or Abandonment
If the Event is abandoned for whatever reason, Dod's shall refund any payments received from the Sponsor save for a deduction to reflect expenses incurred by Dod's. Dod's shall reasonably determine the amount of the deduction. The Sponsor shall have no other claim whatsoever against Dod's. If by rearrangement or postponement of the date of the Event or by substitution of an alternative venue for the Event or by means of any other reasonable arrangement the Event can be held, the Contract shall be binding on the parties save that it shall be deemed to be varied so as to allow for any necessary change of venue, dates, duration of the Event, size of the Sponsor's Space, location or otherwise.
15. Exclusion Of Liability
15.1 In the event of any breach of Dod's express obligations under this Contract, the Sponsor's remedies will be limited to damages.
15.2 Dod's does not exclude its liability (if any) to the Sponsor:
15.2.1 for personal injury or death resulting from Dod's negligence;
15.2.2 for fraud or fraudulent misrepresentation.
15.2.3 for any matter for which it would be illegal for Dod's to exclude or to attempt to exclude its liability.
16. Except as provided in Paragraphs 15.1 and 15.2, Dod's will be under no liability to the Sponsor whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:
16.1.1 any breach by Dod's of any of the express or implied terms of this Contract;
16.1.2 any statement made or not made, or advice given or not given, by or on behalf of Dod's or otherwise under this Contract.
16.2 Except as provided in Paragraphs 15.1 and 15.2, Dod's hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the Sponsor.
16.3 Each of Dod's employees, agents and sub-contractors may rely upon and enforce the exclusions and restrictions of liability in Paragraphs 15.1 to 15.2 in that person's own name and for that person's own benefit, as if the words "its employees, agents and sub-contractors" followed the word Dod's wherever it appears in those paragraphs.
16.4 The Sponsor acknowledges that the above provisions of Paragraphs 15 and 16 are reasonable and reflected in the Sponsorship Fee which would be higher without those provisions, and Sponsor will accept such risk and/or insure accordingly.
17. Subject to Paragraphs 15.1, 15.2, 16 and 16.1, Dod's aggregate liability under this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct loss howsoever caused or arising shall be limited to the Sponsorship Fee.
18. Indemnity
18.1 The Sponsor agrees to indemnify, keep indemnified and hold harmless Dod's from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss), damages, claims, demands, proceedings or legal costs (on a full indemnity basis) and judgments which Dod's incurs or suffers as a consequence of a direct or indirect breach or negligent performance or failure in performance by the Sponsor of the terms of this Contract.
19. Insurance
19.1 Except where such insurance is covered by the Landlord's insurance, the Sponsor shall effect and maintain adequate public liability insurance.
19.2 All insurance against loss of or damage (whether direct, indirect or consequential) to the property and effects of the Sponsor and its employees, Contractors, agents and servants or against injury, loss or damage suffered by any person employed by any of them or to their property and effects respectively shall be the responsibility of the Sponsor or other persons affected.
19.3 The Sponsor must adequately insure and keep itself insured to cover its liabilities under this Contract and shall, if so required, submit to Dod's the policy of insurance and receipt for the premium for inspection.
20. Data Protection
Your information will be held by Dod's, in accordance with the Data Protection Act 1998 and added to our marketing databases. It may be used for internal statistical analysis, to fulfil any requests from you for further information and services and to contact you by mail, telephone or email about other services or events offered by Dod's. We may pass your details to our associated companies, but we will only allow their use for the purposes mentioned above. We may also transfer your details to any successor or potential successor to our business (or a relevant part of it). This privacy statement applies to all information that we hold about you. If you do not wish to receive any other information about services and events offered by Dod's and its associated companies, please tick this box. If you have any queries regarding our Data Protection Policy, please call Huveaux's Head Office on 0207 245 0270 and we will assist you with your queries.
21. General
21.1 The Contract contains all the terms which the Sponsor and Dod's have agreed in relation to the Event and supersedes any prior written or oral agreements, representations or understandings between the parties. The Sponsor acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Dod's which is not set out in the Contract. Nothing in this Paragraph 21.1 will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.
21.2 The formation, existence, construction, performance, validity and all aspects whatsoever of the Contract or of any term of this Contract will be governed by English law. The English courts will have exclusive jurisdiction to settle any dispute which may arise out of, or in connection with this Contract. The parties agree to submit to that jurisdiction.
21.3 Save as set out in Paragraph 16.3, the parties to this Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
21.4 The Sponsor may not assign, delegate, sublet, sub-contract or grant licences in respect of the whole or any part of the Sponsor's Space allocated to it or assign or transfer any of its rights or obligations under this Contract. Dod's may assign all or any part of the Contract without giving notice to or obtaining the consent of the Sponsor.
21.5 If any condition or part of this Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from the Contract and will be ineffective without, as far as is possible, modifying any other provision or part of the Contract and this will not affect any other provisions of the Contract which will remain in full force and effect.
21.6 No failure or delay by Dod's to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
21.7 The provisions of any paragraphs that expressly or by implication are intended to survive beyond the duration of the Contract shall survive termination or expiry of the Contract.