Terms and Conditions
In these terms and conditions (Conditions) the following expressions shall, unless the context otherwise requires, have the following meanings:
Agreement means the agreement between the Delegate and the Organiser in respect of the Congress and these Conditions;
BOA website means the Congress page(s) of www.boa.ac.uk;
Cancellation Policy means the policy of the Organiser as set out in the Congress cancellation policy on the BOA website;
Code of Conduct means the congress code of conduct as set out in the Congress code of conduct on the BOA website;
Confirmation Email means the email sent by or on behalf of the BOA to confirm that the Congress Registration Form has been accepted and a place at the Congress has been allocated; Congress means the particular BOA Congress including any related events the name and date of which are stated in the Congress Confirmation Email;
Congress Registration Form means the congress registration form available on the BOA website enabling registration at and payment for the relevant Congress;
Contract means the binding contract relating to the acceptance by the Organiser of the Delegate’s registration at the Congress in accordance with Condition 3 below;
Delegate means any person who has been accepted at and registered to attend the Congress under the Contract;
Programme means the congress programme (including the instructional, educational and scientific programme) that is included on the Congress section of the website;
Organiser means the British Orthopaedic Association, a private company limited by guarantee incorporated and registered in England and Wales (company number 3482958) and a registered charity (charity number 1066994) whose registered office is at 35-43 Lincoln’s Inn Fields, London, WC2A 3PE;
Venue means the platform on which the Virtual Congress takes place;;
Venue Owner means the proprietor or operator of the Venue, together with its agents, employees and contractors.
All words importing the singular number shall include the plural and vice versa and words importing the masculine gender shall include the feminine.
Headings in these Conditions are used for convenience only and shall not affect the construction or interpretation of these Conditions.
2. Duration of Congress and Programme
Details of the Congress and the Programme including the dates and times will be stipulated in the Confirmation Email.
3. Contract formation
Applications for attendance at the Congress should be made by completing the Congress Registration Form on the BOA website.
The Organiser reserves the right to refuse any application.
A binding contract shall come into force only when the completed Congress Registration Form is accepted by the Organiser and the Confirmation Email is sent to the applicant.
4. Price and payment
Virtual Congress is a member event only, with no booking cost.
BOA members are only eligible to register provided they meet two of the following criteria:
- UK Members must have made a successful full or part payment towards their annual subscription by 15th September 2020.
- Overseas members (those without a UK bank account) must have paid their subscription in full by 15th September 2020.
New applicants who apply to join the BOA by the 1st September 2020 can register for Congress provided approval and full or part payment of your subscription has been completed by 15th September 2020.
Applications for election to the BOA can take between 1-2 weeks dependant on all correct Documentation being received, referee checks being completed were applicable and approved.
5. Provision of services and discretion
The Organiser shall be entitled to:
a) change the Programme;
b) alter the dates, hours, and/or duration of the Congress or any part of the Programme;
c) refuse any Delegate admission to any event within the Programme where the particular session/event is full;
d) remove from the Congress any Delegate who, in the sole opinion of BOA or its agents, employees or subcontractors or the Venue Owner, is in breach of the Code of Conduct and/or is deemed to be acting inappropriately;
e) change or vary these Conditions and any congress policies available on the BOA website at any time, or permit exceptions in special circumstances.
Save for changes to the Programme made at short notice (short notice being five working days or less) the Organiser shall use reasonable endeavours to communicate any changes to the Programme to Delegates in advance of the Congress.
In addition the Organiser will use reasonable endeavours to ensure that any technical problems do not interfere with the provision of the Congress. In the event that technical problems interfere with the Congress this will not be treated as a breach of the Organiser’s obligations to Delegates.
6. General Obligations of Delegates
a) abide by the Code of Conduct;
b) not film, record or photograph during the Congress unless the prior written consent of the BOA has been granted;
c) observe all instructions and regulations (in particular fire and health and safety regulations) laid down by the Venue Owner;
7. Intellectual property rights
All intellectual property rights (including copyright) in or arising out of or in connection with the Congress including any materials or documents provided to Delegates as part of the Congress are owned by the BOA.
Delegates may not use the materials, documents or other items supplied in connection with the Congress for any commercial purpose.
Filming, recording or photography during the Congress is Strictly Prohibited unless the prior written consent of the BOA has been obtained.
8. Limitation of liability
Nothing in these Conditions shall limit or exclude the Organiser’s liability for:
a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation.
Subject to the above Conditions 8a and 8b:
c) the Organiser shall under no circumstances whatever be liable to the Delegate, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Agreement;
9. Cancellation by Organiser/Force Majeure
The Cancellation Policy applies to the Congress and can be found on the BOA website. Where the Congress is cancelled in accordance with the Cancellation Policy the Delegate agrees and acknowledges that he will have no further claim whatsoever against the Organiser in respect of such cancellation.
The Organiser will not be liable or responsible for any failure to perform or delay in the performance of any of its obligations under these Conditions that are caused by events outside the Organiser’s reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non- occurrence, omission or accident beyond the organiser’s reasonable control and includes in particular (without limitation) the following: strikes or other industrial action; civil commotion, riot, invasion, war, terrorist attack or threat of terrorist attack; fire, storm, flood or other natural disaster; impossibility of the use of railway, shipping, aircraft, motor transport or other means of public or private transport or delays in relation to such transport; or impossibility of the use of public or private telecommunication networks.
The Organiser’s obligations under these Conditions are suspended for the period that the Force Majeure Event continues and provided that if the Force Majeure Event renders, in the organiser’s sole opinion, the Congress not viable whether from a financial or logistical point of view then the Organiser may cancel, curtail or postpone the Congress.
If you wish to cancel your place at the Congress you must do so, in writing, to the BOA Events team ([email protected]), please state the reason for the cancellation.
10.Additional Regulations and Fire Precautions
Delegates must comply with all statutory local and other regulations or requirements and bye-laws which affect or apply to the Congress or the Venue and in particular any fire regulations.
Delegates must comply with all other instructions and regulations laid down by the Venue Owner.
11. Termination and Withdrawal
Without prejudice to any other rights it may have, the Organiser may terminate the Agreement by notice in writing:
(a) if the Delegate fails to observe and fulfil any of the terms of the Agreement.
(c) if the Delegate has registered for free as a member but has not met all the qualifying conditions;
Delegates shall not assign or transfer their rights under the Agreement in whole or in part and acknowledge that registration at the Congress is non-transferable.
The parties acknowledge that Conditions 5(f) and 10 of the Agreement may be enforced by the Venue Owner pursuant to section 1(1) of the Contracts (Rights of Third Parties) Act 1999 but that no other party who is not a party under the Agreement shall have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
If at any time one or more provisions contained in these Conditions is or becomes invalid, illegal or unenforceable in any respect this shall not affect the validity, legality or enforceability of the remaining provisions which shall remain in full force and effect.
The law governing the Agreement shall be the law of England and Wales and the parties shall submit to the exclusive jurisdiction of the English Courts.
14. Your Data
The BOA takes the security and privacy of your data seriously. We have put together policies to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. Please visit our website here for information on the data we collect and how we use that data as part of our business and to manage our relationship with you.
1. Contract information
These terms should become binding on you and us when you complete your event booking and we issue you with a written confirmation of a place at the event.
2. Provision of services
We will make every effort to deliver the event to you in accordance with information supplied but you will understand that the event programme is subject to change and we cannot guarantee particular speakers will be available or attend to speak. If due to circumstances beyond our control we have to make changes to the programme, we will do our best to communicate these to you in advance, but there may be circumstances where we have to make changes at short notice. In addition we will use every effort to ensure that any technical problems do not interfere with the provision of the event but in the event that technical problems are an issue this will not be treated as a breach of our obligations to you.
3. Intellectual property rights
The copyright and other intellectual property rights in any materials or documents provided to you as part of the event are retained by us/speakers. You may not use the materials, documents or other items for any commercial purpose.
4. Delegate code of conduct
By registering to attend a BOA event all delegates are agreeing to abide by a code of conduct. Failure to adhere to this code of conduct may result in your expulsion from the meeting.
BOA cannot guarantee capacity in any particular onime session. Although we will do our best to avoid disappointment, there may be occasions when a online session becomes full.
If any delegate is deemed to be acting inappropriately, BOA will require them to leave the virtual setting.
The cost of the event is as expressed.
6. Limitation of liability
If either of us fails to comply with these terms and conditions neither of us will be responsible for any losses that the other suffers as a result except those which could be reasonably foreseeable would result from the failure to comply with these terms. In any event any losses you suffer which fall into the following categories: loss of income or revenue; loss of business; or loss of anticipated savings are excluded. Please note this provision does not exclude our liability for death or personal injury caused by negligence or fraud or fraudulent misrepresentation or any other matter which it would be illegal or unlawful for us to exclude or attempt to exclude liability for.
7. Events outside our control
We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these terms and conditions that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack; fire, storm, flood or other natural disaster; impossibility of the use of railway, shipping, aircraft, motor transport or other means of public or private transport or delays in relation to such transport; or impossibility of the use of public or private telecommunication networks. Our obligations under these terms and conditions are suspended for the period that the Force Majeure Event continues and provided that if the Force Majeure Event renders, in our opinion, the event not viable whether from a financial or logistical point of view then we may cancel or postpone the event.
Please refer to the event specific Cancellation Policy.
You acknowledge that your delegate registration is non-transferable.
The law governing this agreement shall be the law of England and Wales and we both submit to the jurisdiction of the English Courts.
11. Data Protection
The personal information you provide in the online registration process is held by the British Orthopaedic Association in accordance with the Data Protection Act. Information regarding delegates, name, email address and hospital will be disclosed to the exhibitors in advance of the event.
If you do NOT wish this information to be released, please inform the BOA.
A party who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Filming, recording or photography during the congress is Strictly Prohibited unless by prior agreement with the BOA.
Those attending are required to dress appropriately in business attire.
All clothing must adhere to guidelines that portray professionalism and modesty.
Those attending the Virtual Congress webinars are expected to conduct themselves in a courteous and professional manner at all times. If anyone attending is deemed to be acting inappropriately, the BOA will require them to leave the session. This includes:
- Threatening verbal behaviour
- Behaviour that discriminates on the basis of age, disability, gender, race or any other irrelevant distinction.
- Under the influence of excessive alcohol or drugs
If you have concerns relating to any of the above while attending a BOA event please contact a BOA member of staff. All concerns raised will be treated confidentially.