CIMSME Awards Business Terms and Conditions

CIMSME Awards Business Terms and Conditions

  1. Introduction
  • Confederation of Indian Micro, Small and Medium Enterprises is a section 8 company registered in India. Our company  registered office is at No 1 & 2, A1 Block, Kundalahalli Village, K. R. Puram Hobli, Bangalore, Karnataka 560037 (“CIMSME”, “we”, “us” and “our”). These are the terms and conditions subject to which we will allow you as a business (“you” and “your”) to enter our Awards Competition.
  • CIMSME Awards are intended only for business and professional audiences. If you are an individual consumer, you must make this clear to us prior to making any booking and different terms may apply.

 

  1. Making an Entry
  • Entries must be made following the process and rules set out on the Awards Website and related communications.
  • We will not accept responsibility for Entries that are lost, mislaid, damaged or delayed in transit, regardless of cause.
  • If we accept your Entry, we will communicate that acceptance to you by way of email, at which point a contract will come into effect between you and us.
  • Your Entry, if accepted, shall be incorporated into, and subject to, the terms and conditions set out in this Agreement.
  • We are not obliged to accept any Entry, or give any reason for non-acceptance.
  • Acceptance of your Entry shall not (unless it is expressly stated otherwise) prejudice any rights, obligations and/or remedies either you or us may have and which have accrued independently of this Agreement.
  • You hereby acknowledge and agree that any employee, director or other individual within, or on behalf of, your organisation who submits an Entry, does so on your behalf and with your full knowledge and consent, and with the consent of the relevant Entrant.
  • We shall not be required to verify the authority of any person submitting an Entry or otherwise acting on your behalf.
  • You shall be responsible for the acts and omission of all Entrants and Attendees as if they were your own acts and omissions, and you shall ensure that they do nothing to cause you to be in breach of this Agreement.
  • As the Awards Competition is aimed at the community it serves, we reserve the right to make as a condition of entry, an individual or corporate membership to the relevant news site.

 

  1. Eligibility & Judging
  • The Awards Competition is open to Entrants who fulfil the relevant entry criteria for a particular CIMSME Award as set out on the Awards Website (“Entry Criteria”).
  • The Entries will be judged by a panel of independent judges. A list of the judges can be viewed on the Awards Website.
  • Your Entry will be judged on its merits and principally on the basis of the information provided in your Entry. The decision of the panel of judges will be final and we will not enter into any correspondence or discussion with you or any Entrants nor will we accept any submissions, representations or appeals with regard to such a decision. We reserve the right not to make any particular award in any given category.

 

  1. Marketing Collateral
  • In the event of an Entrant being judged to be a winner, finalist, highly commended, or commended, you shall not, and shall procure that the Entrant shall not, market, publicise or otherwise exploit these successes, or use the award name or category to be associated with you or the Entrant or any other person, except to the extent: (a) expressly permitted under the terms of any Promotional Package which you purchase from us; or (b) otherwise authorised by us in writing and in compliance with any terms and conditions prescribed by us for such purpose.
  • Our range of Promotional Packages are available on request.
  • Any and all purchases of Promotional Packages must be agreed between us in writing (including email), and any such purchase shall form part of this Agreement.
  • If you purchase a Promotional Package from us, you shall comply, and shall procure that the Entrants comply, at all times with terms of the Promotional Package. If we have granted you authority under clause 4.1(b), you shall at all times act within the scope of that authority and comply with any and all terms and conditions prescribed by us for such purpose, and shall procure that the Entrant does the same.
  • Any rights granted under clause 4.1 are granted to you. The Entrant, in their personal capacity, shall not have any personal interest in, or direct rights against us, with respect to the rights granted to you. To the extent that any of the rights granted to you, permit the involvement of the Entrant, such involvement exists by virtue of that Entrant’s association with you, and you shall ensure that Entrants do nothing to associate any of the successes referred to in clause 4.1 with, or seek to exploit any of the rights granted to you for or in connection with, any business other than yours.
  • You shall, and shall procure that the Entrant shall, at all times conform to the standards, protocols, methods issued by us from time to time.
  • If a physical award ceremony is to be held to celebrate an Awards Competition and if we have notified you that your Entrant is a winner, or if the winner is to be announced at the Awards Ceremony and the Entrant is a finalist in one or more categories, you shall ensure that at least one Entrant or other representative from your business will be present in person to represent you.

 

  1. Intellectual Property
  • You undertake to ensure that any and all material (and any and all Intellectual Property Rights in the same) supplied in support of an Entry either belongs to you, or that you have the right to use such material and provide the same to us for all of the purposes anticipated by this Agreement, and you hereby grant to us a licence to use all such material for all of the purposes anticipated by this Agreement.
  • We will not accept an Entry, and may terminate an Entry (even if already accepted), and/or the participation of any Entrant, where it has come to our attention that any material provided in support of an Entry has been plagiarised, or that our use of the material in question is in breach or potential breach of any person’s Intellectual Property Rights.

 

  1. Attending the Awards Ceremony
  • We are under no obligation to hold an Awards Ceremony for any particular CIMSME Award. This clause 6 will only apply if we hold an Awards Ceremony.
  • Attendance to the Awards Ceremony is a separate process to making an Entry.
  • To make a booking for attendance at the Awards Ceremony you must contact us. Your booking is not confirmed until you receive an email confirming acceptance of your booking or an invoice from CIMSME. It is your responsibility to update us of any changes to your contact details so that we are able to contact you.
  • Unless otherwise agreed by us in advance and in writing, all Attendees must be at least 18 years of age on the date of the Awards Ceremony.
  • We can accommodate individual bookings by you per Attendee, the prices for which are available on request. We may, at our discretion, also offer group packages for Attendees depending on your requirements and subject to availability. A group package may be subject to additional terms. Prices for group packages vary. If you are interested in a group package, please contact us for further details.
  • We are not responsible for any offence caused by a presenter or any acts or other entertainment during the Awards Ceremony.
  • Attendees are required to make their own arrangements for transport to the Venue. We are not responsible for any inability to attend owing to failure of transport.

 

  1. Venue & Special Requirements
  • Attendees must comply with the rules and regulations governing the Venue including dress codes and rules of entry. If an Attendee brings any property to the Venue, he/she does so at his/ her own risk. We are not responsible for any loss and/or damage to such property. If an Attendee is using car parking facilities at the Venue, he/ she does so entirely at his/ her own risk. We do not accept any responsibility for any loss and/or damage resulting from his/ her use of such car parking facilities. Car parking spaces are not guaranteed.
  • We reserve the right to refuse admission to any person whom we consider in our absolute discretion to be unsuitable for admission to the Awards Ceremony or to remove such person after the start of the Awards Ceremony. In such circumstances, there will be no refund of the Attendance Fee.
  • If there are any specific requirements for any Attendee(s) due to a disability, food allergies or for any other reason (a “Special Requirement”), it is your responsibility to tell us this (with details) at least 5 days prior to the Awards Ceremony. Where you inform us of a Special Requirement less than 5 days before the Awards Ceremony you understand it may not be possible to accommodate that Special Requirement, or its accommodation may result in an additional charge.

 

  1. Data Protection
  • Our Privacy Notice (on our website) shall apply to the use of any Personal Data made available to us by you, or by an Entrant, or by an Attendee or by anyone else in your business, under or in connection with this Agreement. You shall ensure that anyone and everyone in your business whose Personal Data is provided to us for or in connection with an Entry or a booking or otherwise, has had an opportunity to consider, and has indicated to you in writing their acceptance of, the terms of our privacy policy prior to the Personal Data in question being made available to us. You shall promptly provide to us, on demand, all such written acceptances.
  • You shall procure that no Personal Data is made available to us in breach of the provisions of this clause 8.
  • It is hereby acknowledged that we and you shall each be independent Controllers of any Personal Data made available to us by you, or by an Entrant, or by an Attendee or by anyone else in your business, under or in connection with this Agreement.

 

  1. Cancellations, Withdrawal & Change of Venue
  • We reserve the right to cancel, postpone or move the Awards Ceremony to another Venue or to change any other aspect of the Awards Ceremony at our discretion for any reason whatsoever. However, we will notify you promptly if the change relates to a change of Venue or material change in timing. For the avoidance of doubt, such a change shall not entitle you to terminate this Agreement.
  • We reserve the right to change the Awards Ceremony presenter or any other performers and do not guarantee the attendance of any particular guest.
  • Any discounts or offers advertised for a particular event may be time limited and/or subject to availability.
  • No refunds for tickets or the accompanying collateral package will be provided if  bookings for an Awards Ceremony or Presentation Event are cancelled by the purchaser within 30 days of the Event or public announcement of the Winning and or Finalist companies.
  • No refunds will be given for an Awards booking or Awards package (tickets and accompanying collateral) where any element of the Winner or Finalist collateral package (including logos or any other promotional material) has been sent to the Winner or Finalist for their use in advance of the public notification or of an Awards Event or ceremony.
  • If you (or if any of the Attendees you booked) cannot attend the Awards Ceremony we may, at your request, allow a substitute Attendee at our discretion, and provided the request is made no later than 36 hours prior to the Awards Ceremony. Any such request must be made by email to the address set out on the Awards website and should include the name of the Attendee who will not be attending and the full name of the substitute and contact details. If the substitute has differing requirements (e.g. dietary) from the original, we may not be able to accommodate these if the request is received later than this. We may reject any unsuitable delegate at our absolute discretion.
  • We will have no liability under this Agreement, in any way whatsoever and howsoever (whether in contract, tort, or otherwise) arising out of or in connection with respect of any cancellation or postponement of the Awards Ceremony or the moving of the Awards Ceremony to a new Venue, including but not limited to travel and accommodation costs.

 

  1. Fees & Payment
  • We shall raise an invoice for all Attendance Fees or packages. Payment is due either, within 5 days of the date of the invoice, or not later than 3 days prior to the start of the Awards Ceremony, whichever is earlier. If any booking in respect of attendance at an Award Ceremony is made later than 2 days prior to the start of the Awards Ceremony, then payment is due immediately. All Attendance Fee(s) must be paid in full before the Awards Ceremony, otherwise we reserve the right to refuse entry (which shall not relieve you of the debt).
  • If you purchase a Promotional Package from us, we shall raise an invoice for the Package Fee at any time following such purchase, and payment is due within 5 days, provided that you shall not exercise any rights under the Promotional Package until payment is received in full.
  • Payment of any bank transfer charges are your responsibility.
  • All sums payable by you under this Agreement are subject to any applicable tax, levy, including value added tax.
  • All sums due under this Agreement shall be paid in full without any set-off, counterclaim or deduction (other than any deduction or withholding of tax as required by law).
  • If you fail to make payment of any sums due by the due date for payment (“Debt”):
    • we reserve the right to cancel your Entry, and/or the registration of Attendees prior to the Awards Ceremony. If we do not exercise our rights of cancellation prior to the Awards Ceremony, Attendees whose Attendance Fee has not been paid by the date upon which the Awards Ceremony takes place may be required to pay on-site in order to gain entry, and any such payment shall be deemed to be payment on your behalf and shall be deemed deducted from the Debt; and
    • irrespective of clause 16.2, we shall be entitled to initiate proceedings against you without any notice in order to recover the Debt (taking account of any payments deducted from the Debt under clause 10.6.1); and
    • you shall be liable to be pay an administration fee and interest (accruing on a daily basis) on the amount unpaid from the due date of payment, both after as well as before any judgment or order.
  • Any and/or all costs and expenses incurred by us (including legal costs and expenses) in recovering sums due under an unpaid invoice shall be payable by you to us, promptly on demand.

 

  1. Term & Terminations
  • This Agreement shall commence on the Start Date and, subject to earlier cancellation or termination in accordance with this agreement, shall continue until the date upon which the Awards Ceremony ends, or in the absence of an Awards Ceremony, once we have announced the final results (“Term”) when it shall terminate automatically without notice.
  • We may terminate this Agreement at any time by giving you 5 days’ written notice.
  • We shall be entitled to terminate this Agreement immediately by written notice if you breach any part of clause 10.
  • Either party may at any time terminate this agreement with immediate effect by giving written notice to the other party if:
    • the other party commits a material breach of any term of this agreement;
    • the other party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;
    • the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of the Insolvency Act or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of the Insolvency Act  or (being a partnership) has any partner to whom any of the foregoing apply;
    • the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts;
    • the other party makes a proposal for or enters into any compromise or arrangement with its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
    • a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the other party with one or more other companies or the solvent reconstruction of the other party;
    • an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
    • the holder of a qualifying floating charge over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
    • a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
    • the other party (being an individual) is the subject of a bankruptcy petition or order;
    • a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 5 days;
    • any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 11.4.3 to clause 11.4.11 (inclusive);
    • the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business;

 

  1. Expiry & Termination Consequences
  • Expiry or termination of this Agreement shall not prejudice any other rights or remedies you or us may be entitled to, nor will it affect the accrued rights and liabilities of either of us, nor the coming into or continuance in force, of any provision of this Agreement which is intended (explicitly or implicitly) to come into or continue in force, on or after such expiry or termination, including clauses 12, 13, 14, 15 and 16.
  • Upon expiry or termination of this Agreement:
    • you shall pay any Fees that have been invoiced up to (and including) the expiry or termination date but not paid for; and
    • each party shall promptly return to the other any property of the other within its possession or control.

 

  1. Confidentiality
  • Each party shall, subject to clause 13.2 and clause 16.4, only use the other party’s Confidential Information for the purpose of performing its obligations and exercising its rights under or in connection with this Agreement, and shall keep the other party’s Confidential Information secret, safe and secure, and not disclose the other party’s Confidential Information to any other person.
  • Each party may disclose the other party’s Confidential Information:
    • to the extent required by law or any court of competent jurisdiction or the rules of any governmental or regulatory body;
    • to those of its officers, directors, employees and professional advisers, who need access to that Confidential Information insofar as is necessary or desirable to enable that party to perform its obligations and/or exercise its rights under or in connection with the Agreement. A party disclosing the other party’s Confidential Information under this clause 13.3.2 will procure that each person to whom it discloses that Confidential Information will not do or omit to do anything which if done or omitted to be done by that party would be a breach of this Clause 13.

 

  1. Liability
  • Neither party shall exclude or limit its liability for: (a) death or personal injury caused by its negligence; or (b) fraud and/or fraudulent misrepresentation.
  • Subject to clause 14.1, we shall not in any circumstances be liable to you, whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:
    • any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;
    • loss (whether direct or indirect) of anticipated savings or wasted expenditure (including management time); or
    • any loss or liability (whether direct or indirect) under or in relation to any other contract,
  • Subject to clauses 14.1 and 14.2, above, our maximum aggregate liability to you under this Agreement (whether arising in contract, tort, negligence, statutory duty or otherwise) shall not exceed the Fees you paid to us.

 

  1. Indemnities
  • You shall fully and effectively indemnify, and hold harmless, us against all losses, actions, costs (including legal fees and disbursements on a solicitor/client basis), claims, demands, fines, damages and liabilities, of whatever nature, incurred or suffered by, or made against us, whether or not foreseeable, arising directly or indirectly, whether wholly or in part, out of or in connection with:
    • any breach of this Agreement by you; and
    • without prejudice to the generality of clause 15.1.1, any breach of any provision in clause 5 or clause 8 by you;
    • any acts or omissions, or damage caused by, yourself, your employees, agents, contractors, visitors, Entrants, Attendees and/or guests at the Venue arising out of or in connection with the Awards Ceremony and/or the Venue;
    • any actual or alleged infringement of a third party’s Intellectual Property Rights to the extent that such actual or alleged infringement is a result of our use of any material supplied by you or by anyone on your behalf under or in connection with this Agreement;

 

  1. General 
  • All notices (including any invoices) under this Agreement shall be in writing and shall be sent to the address specified by the recipient.  Any notice may be delivered by email, by a reputable courier service, or by post. The notice shall be deemed to have been given if sent by email within 12 hours of delivery to the sender’s ISP provided within that time no notice of delivery failure has been received, if sent by courier on delivery and if sent by post 2 Business Days after the notice was posted.
  • If any dispute arises between us out of or in connection with this Agreement, our respective representatives shall meet within 5 Business Days of receipt of a written notice of such dispute, in an effort to resolve the dispute. If the dispute is not resolved within 5 Business Days of that meeting, the dispute shall be referred to our respective senior management (or their nominees) who shall meet within 5 Business Days of the referral to attempt to resolve the dispute. If, despite following the process set out above, the dispute is not resolved, either of us may refer the matter to the courts. This clause shall not restrict either you or us from initiating any proceedings in respect of a matter where either party has reasonable cause to do so to avoid damage to its business or to protect or preserve any right of action it may have, or from applying for or obtaining emergency or interlocutory relief.
  • Force Majeure. We shall not be liable to you for any delay or failure to perform hereunder due to a natural disaster, actions or decrees of governmental bodies, any curtailment to or cancellation of public transport, strikes or walkouts, epidemics, pandemic, acts or threats of terrorism or civil unrest, or communications line failure which (a) hinders, delays or prevents us in performing any of our obligations, (b) is beyond our control of without our fault or negligence, and (c) by the exercise of reasonable diligence we are unable to prevent or provide against (“Force Majeure Event”). In such circumstances, we shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 60 or more calendar days, we may terminate this Agreement by giving you 5 Business Days written notice. In such circumstances we reserve the right not to refund your registration fees and advise that insurance should be taken by you to cover such eventualities. A Force Majeure Event shall not entitle you to delay payment of any sums under this Agreement. You are responsible for making your own way to the venue for the event, and you shall remain liable for all payments under this agreement irrespective of any failure of transport or other reason why you are unable to attend the ceremony.
  • We expressly agree that we shall be entitled to refer to you as an attendee of our Awards Ceremony and/or participant in the CIMSME Awards in sales and marketing literature (including websites) and reproduce your logo and/or trademark for that sole purpose.
  • Video footage & Photography: During the Awards Ceremony, we may shoot video footage and take photographs of the Awards Ceremony which may include video footage and photographs of you and/or your booked Attendees. We will make use of such footage and photographs in accordance with our Privacy Notice.
  • Third party Rights. Unless expressly stated, no provision of this Agreement is enforceable by, or intended to benefit, any person who is not a party to this Agreement.
  • Assignment and subcontracting. This Agreement is personal to you. You shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of your rights and responsibilities under this Agreement without our prior written consent. Such consent shall not relieve you from any liability or obligation under this Agreement and you shall be responsible for the acts, omissions, defaults and/or negligence of your sub-contractors as fully as if they were your own. We may assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of our rights and responsibilities under this Agreement at any time without your prior written consent.
  • Amendments and changes. No purported alteration or variation of this Agreement shall be effective unless it is in writing, refers specifically to this Agreement and is signed by an authorised representative of each of the parties to this Agreement.
  • Severability. If any provision of this Agreement is held by a court to be unenforceable, then that provision shall be deemed to be amended to the extent necessary, and in a manner consistent with the intentions of the parties, to make it and the Agreement fully enforceable. The unenforceability of any provision of this Agreement shall not affect the remaining provisions.
  • No Waiver. A delay in exercising, or failure to exercise, any right or remedy in connection with this Agreement shall not operate as a waiver of that right or remedy.  The waiver of a right to require compliance with any provision of this Agreement in any instance shall not operate as a waiver of any further exercise or enforcement of that right. The waiver of any breach shall not operate as a waiver of any subsequent breach.  No waiver in connection with this Agreement shall, in any event, be effective unless it is in writing and refers expressly to this clause.
  • Further assurance. Each party shall do and execute, or arrange for the doing and executing of, any act and/or document reasonably requested of it by any other party to implement and give full effect to the terms of this Agreement.
  • Remedies cumulative. The remedies under this Agreement are cumulative and no remedy is exclusive of any other remedy except as expressly stated.
  • Counterparts. This Agreement may be entered into in any number of counterparts and by the parties on separate counterparts, all of which taken together shall constitute one and the same instrument.
  • Status of parties. Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture or relationship of employer and employee or principal and agent between the parties.
  • Entire Agreement. This Agreement sets out the entire understanding of the parties in relation to its subject matter and supersedes any prior understanding or agreement between the parties whether oral or written. Nothing in this Agreement shall, however, limit or exclude any liability for fraud or fraudulent misrepresentation.
  • Governing Law and Jurisdiction. This Agreement and any dispute or claim arising out of or in connection with it whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be governed by, and construed in accordance with, the laws of Bengaluru, India, and shall be subject to the exclusive jurisdiction of the Bengaluru Courts, to which the parties irrevocably submit.

 

  1. Definitions

The following definitions and rules of interpretation apply in this Agreement:

  • Definitions:
“Agreement” means these terms and conditions, the Entry, and any documents stated in any of them as being incorporated by reference;
“Attendance Fee” means the fee(s) payable by you for Attendee(s) to attend an Awards Ceremony, whether on a per Attendee basis, or on the basis of a group package, as notified to you for the purposes of such bookings and/or as otherwise agreed between the parties;
“Attendee” means an Awards Ceremony attendee;
“Awards Ceremony” means a ceremony (if a ceremony is held) during which CIMSME Award winners are announced;
“Awards Competition” means the competition for a CIMSME Award, as organised by us.
“Awards Website” means the website, web page or microsite hosted by us or on our behalf containing information about the Awards Ceremony and Awards Competition and referencing these terms and conditions.
“Business Days” means any day other than Saturday, Sunday, Christmas Day, Good Friday or a statutory Bank Holiday in India;
“CIMSME Awards” Means any of the Awards produced by us, including but not limited to #Brand10000SMEs Awards, #Brand10000WIB (Women in Business) Awards, #Brand10000GIS (Global Impact Startups) Awards, #Emerging Leaders Awards, #Sustainability Awards, #Women in Leadership Awards, #Business Leaders Awards, The Great Leaders Awards
“Confidential Information” means information of an operational, administrative, financial or business nature, or which is Personal Data, Sensitive Personal Data or otherwise, and which comes into a party’s possession under or in connection with this Agreement that (a) is identified as confidential to the other party; or (b) ought reasonably to be considered as confidential to the other party (whether or not identified as confidential), and in any case shall include any information relating to  a party including information in respect of a party’s business, activities, personnel, customers, products, business plans, business developments, finances, marketing plans, management systems, new business opportunities, ideas, know-how, processes, policies and/or procedures, but excluding in all cases, information that is at the relevant time in the public domain (other than by virtue of a breach of clause 13), or which was received by the other party from a third party who did not acquire it in confidence.
“Data Controller” has the meaning set out in the Privacy and Data Protection Requirements;
“Data Processor” has the meaning set out in the Privacy and Data Protection Requirements;
“Data Subject” has the meaning set out in the Privacy and Data Protection Requirements;
“Entry” an entry for a CIMSME Award, nominating an Entrant, as submitted by you or on your behalf;
“Package Fee” means the fees payable by you to us, in consideration of any Promotional Package agreed between us, as notified to you prior to agreeing such Promotional Package or as otherwise agreed between the parties for such purpose;
“Fees” means as the context requires, the Package Fee and/or the Attendance Fee;
“Entrant” means any one or more of the following as the context requires: you as a business; any individual in your business; and/or any team in your business, in each case to the extent nominated in an Entry for one or more CIMSME Awards, and a reference to Entrant in the context of a team of 2 or more individuals, shall be a reference to each of them;
“Host” means the person booking attendance at the Awards Ceremony on behalf of other guests.
“Intellectual Property Rights” means any and all intellectual property rights of any nature anywhere in the world whether registered, registerable or otherwise, including patents, utility models, trademarks, registered designs and domain names, applications for any of the foregoing, trade or business names, goodwill, copyright and rights in the nature of copyright, design rights, rights in databases, moral rights, know-how and any other intellectual property rights which subsist in computer software, computer programs, websites, documents, information, techniques, business methods, drawings, logos, instruction manuals, lists and procedures and particulars of customers, marketing methods and procedures and advertising literature, including the “look and feel” of any websites
“Package Fee” means the fees payable by you to us, in consideration of any Promotional Package agreed between us, as notified to you prior to agreeing such Promotional Package or as otherwise agreed between the parties for such purpose;
“Personal Data” has the meaning set out in the Privacy and Data Protection Requirements;
 “Privacy and Data Protection Requirements” all applicable data protection and privacy legislation in force from time to time including; National Data Protection and Privacy Law (India); the UK GDPR; the Data Protection Act 2018; and the Privacy and Electronic Communications Regulations 2003 (SI 2003 No. 2426) as amended; and any other legislation and regulatory requirements in force from time to time relating to the use of Personal Data (including, without limitation, the privacy of electronic communications) in each case, insofar as they apply to a party to this agreement;
“UK GDPR”   means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 (subject to section 205(4)) of the Data Protection Act 2018) as amended from time to time.
“Process” or “Processing” has the meaning set out in the Privacy and Data Protection Requirements;
“Promotional Package” any of the promotional packages which may be entered into between you and us, if an Entrant is judged to be a winner, finalist, highly commended, or commended, for a particular CIMSME Award, details of which are available on request;
“Sensitive Personal Data” has the meaning in the Privacy and Data Protection Requirements;
“Start Date” means the date of this Agreement, being the date we first accept your Entry for the CIMSME Awards
“Term” has the meaning set out in clause 11; and
“Venue” means the venue where an Awards Ceremony takes place.
  • Clause headings and sub-headings are not be used in its interpretation.
  • A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
  • The Schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.
  • A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
  • Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
  • This agreement shall be binding on, and enure to the benefit of, the parties to this agreement and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
  • A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
  • A reference to writing or written includes email.
  • Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
  • A reference to this Agreement or to any other agreement or document referred to in this agreement is a reference of this agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this agreement) from time to time.
  • References to clauses and Schedules are to the clauses and Schedules of this agreement and references to paragraphs or conditions are to paragraphs or conditions of the relevant Schedule.
  • 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.
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