Canongate Communications Limited (Trading as Futurescot)
BOOKING T&C’S: Effective 01 April 2021
- ADVERTISING & MEDIA BOOKINGS
- EVENT SPONSORSHIP & EXHIBITION BOOKINGS
- DELEGATE BOOKINGS
1. ADVERTISING & MEDIA BOOKINGS
An advertising or media booking whether it is stand alone or part of a multimedia package in Futurescot magazine, the FS newsletter or published on the Futurescot.com website is accepted on the understanding that the relationship between the Publisher and the Client is governed by the Terms & Conditions set out below. For clarity of terms see Definitions below.
Prices & Payments
Bookings are subject to the rates specified in the relevant booking form or in email communication.
- NPA Recognised Agencies may be allowed a commission of 15% on the invoiced amounts. Where the Client is not an NPA Recognised Agent, no commission is allowed unless otherwise agreed by Futurescot in writing.
- Payment is due 14 Working Days from the date specified in the booking form. Payment shall be effective on the crediting Futurescot’s bank account of money transferred electronically or through the clearing bank’s BACS system.
- The Client shall pay Futurescot in full for all Bookings in the event of non-publication due to their failure to supply the Advertisement before the Publication Deadline.
- If the Client closes, merges or liquidates then they shall provide details of this along with such evidence as Futurescot may require verification of the the closure, merger or liquidation. Futurescot may at its sole discretion issue a pro rata credit for any invoiced fees subject to any adjustment Canongate may make to any discount previously.
Copy & Delivery Requirements
- The Client shall ensure that all Advertisements submitted comply with Futurescot’s specifications.
- If an Advertisement is submitted after the delivery lead time has passed, it shall be at Futurescot’s discretion whether to publish the Advertisement.
- Buyer shall be responsible for checking the accuracy of any proofs and the Advertisement copy submitted. The actual size of the published Advertisement will depend on the size and design of the relevant publication.
- No reference to Futurescot shall be made in any Advertisement without Futurescot ‘s prior written consent to the specific form and wording of such reference.
Cancellation & Postponement
Clients must notify Futurescot in writing of any cancellations and postponements in accordance with the deadlines set out below, otherwise the Booking will remain in effect and all relevant fees shall remain payable.
- Advertisements and Advertorials in Futurescot magazine - sixty working days’ notice prior to publication date is required to stop or suspend an advertisement insertion.
- Partner-copy in Futurescot magazine – non cancellable
- Futurescot Digital – thirty working days prior to commencement of the Clients campaign in both the FS Newsletter or advertisements or content being published on FutureScot.com
Futurescot may, at its absolute discretion, without any responsibility to the Client
- Reject, refuse, omit, postpone, cancel, or require changes to the whole or part of any Advertisement submitted for insertion at any time.
- Amend, postpone or cancel the Start Date or positioning of the Advertisement.
- Make acceptance of the Booking subject to certain specified conditions.
- Remove from publication without notice any Advertisement FutureScot reasonably believes is unlawful or damaging to the reputation of FutureScot or the relevant FutureScot Publication.
Advertising Campaign Terms
The following additional terms and conditions apply to the types of Bookings specified below:
- Client acknowledges that their Partner Content may not be tied to a specific feature or other specific editorial content other than with Futurescot’s prior approval and is
- Fully responsible and liable for the Partner Content and will ensure that the Partner Content is accurate, not misleading and of a quality commensurate with Futurescot’s brand.
- Will not include Futurescot’s trademarks within the Partner Content without FutureScot’s written consent and if given, in strict accordance with Futurescot’s branding instructions as issued from time to time.
- Futurescot may add suitable statements to the Partner Content making clear that it is sponsored content and that no Futurescot editorial staff have been involved in producing the content; and where Futurescot provides services in relation to the design and creation of all or part of the Partner Content the Client retains full responsibility for the Partner Content.
The Client warrants and represents that:
- It is contracting with Futurescot as a principal, it has the authority to do so and if it is an Agent, it is authorised to make Bookings on behalf of its Advertisers.
- It shall not represent to any third party that Futurescot in any way endorses the Client, the Advertisement and/or the Client’s products or services.
- It shall ensure that all Advertisements submitted for publication are clearly recognisable as marketing communications and do not resemble editorial content.
All Advertisements submitted for publication and any website to which such an Advertisement links shall:
- Comply with all applicable laws, regulations, codes of practice or similar in countries where the Futurescot and other Futurescot publications are available, including without limitation.
- Not contain any libellous, fraudulent, misleading or false statement, and shall not give cause, directly or indirectly, for any action to be brought against Futurescot for libel, fraud or publication of a false or misleading statement.
- Not infringe the intellectual property rights, rights in confidential information, rights of privacy or any other rights whatsoever of any third party or unfairly prejudice the legitimate interest of any third party by implication or otherwise.
- Has obtained the consent of any living person whose name or image (in whole or in part) is contained in the Advertisement.
- Complies with the Committee of Advertising Practice’s British Code of Advertising, Sales Promotion and Direct Marketing and all other codes under the general supervision of the Advertising Standards Authority or any successor body and that, without limitation, all material included within an Advertisement is accurate, legal, decent, honest and truthful.
- Not discriminate or indicate an intention to discriminate on grounds of sex, race, religion or belief, disability, ethnic origin, age or sexual orientation.
- Will not cause disruption to any computer, computer system, network or any Futurescot website, and shall be free from viruses, adware, malware, or malicious code.
- Will not be prejudicial or damaging to the reputation of Futurescot or other Futurescot publications
- Will not contain anything which Futurescot in good faith considers to be offensive or otherwise inappropriate.
The Buyer shall fully indemnify Futurescot, its director, agents and employees against any and all losses, liabilities, costs, claims, damages, demands, expenses and fees (including without limitation reasonable legal and other professional fees) arising out of or in connection with any breach by Buyer of these Terms and Conditions and, or the publication of an Advertisement in accordance with these Terms and Conditions.
Futurescot warrants and represents to the Client that it shall use reasonable care and skill in carrying out its obligations under these Terms and Conditions.
Limitation of Liability
- Futurescot makes no representation or warranty as to:
- Whether any publication of any Advertisement will be confined to persons resident in any particular legal jurisdiction.
- The exact number of page impressions that will be delivered on specific dates during an online campaign.
- The quality of reproduction of Advertisements or Partner Content.
- The exact layout and format of any Futurescot Publication or Site which shall be in the discretion of Futurescot.
- The accuracy or completeness of its database of users.
- The accuracy or completeness of any materials or information provided by Futurescot to theBuyer about the effectiveness of a Buyer’s Advertisement on any reader or user.
- If Futurescot fails to publish an Advertisement on an agreed date pursuant to a Booking solely due to the fault of Futurescot, the Client may require Futurescot to either publish the Advertisement on a revised mutually agreed date at no additional cost or require Futurescot to refund any fees paid in advance by the Buyer for such Advertisement, and such publication or refund shall be Buyer’s sole remedy for such failure.
- Futurescot will not be responsible for any error or omission in the insertion of any Advertisement, or for any damage or loss of any copy, electronic files, data, drawings or other materials supplied for the purpose of an Advertisement.
- Futurescot shall not be liable for any claims for refunds or compensation on the basis that a printed Advertisement is not the same size as quoted in a Booking.
- Buyer must notify Futurescot in writing within 30 Working Days of the Booking date or if later the Start Date of any complaints it may have in relation to the relevant Advertisement. If Buyer fails make such a complaint within 30 Working Days, then Futurescot shall have no liability to Buyer in respect of such complaint.
Futurescot shall not be responsible for:
- Any indirect, special, incidental, consequential loss or damage or for any punitive damages.
- Any loss of profits, loss of business, loss of revenues, loss of data or anticipated savings, in each case (whether such loss or damage was reasonably foreseeable or actually foreseen).
- Futurescot s maximum aggregate liability arising out of or in relation to any Advertisement, whether in contract, tort or otherwise, shall not exceed the price paid by Buyer for the relevant Advertisement.
Futurescot shall not be liable for any failure to comply with these Terms and Conditions as a result of any event beyond its reasonable control.
Buyer may not assign or transfer any of its rights under these Terms and Conditions to any third party.
If any provision of these Terms and Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
No third party (including any Advertiser where an Agency has made a Booking on behalf of an Advertiser) shall have any rights to enforce these Terms and Conditions against Futurescot. However, Futurescot reserves the right to provide information on pricing and bookings to the relevant Advertisers on request.
The publication of any Advertisement by Futurescot does not mean that Futurescot accepts the Advertisement has been provided in accordance with these Terms and Conditions or that Futurescot has waived its rights under these Terms and Conditions.
These Terms and Conditions are governed by Scots Law. The parties agree that the Scottish courts shall have exclusive jurisdiction to settle any dispute which may arise out of these Terms and Conditions and submit all disputes to the jurisdiction of those courts.
Buyer shall pay all amounts due to Futurescot free and clear of all deductions or withholdings unless the law requires a deduction or withholding, in which case Buyer shall pay such additional amount as will ensure that the net amount Futurescot receives (after account is taken of any such deduction or withholding in respect of the additional amount) equals the full amount Futurescot would have received had the deduction or withholding not been required.
Rates are quoted exclusive of Value Added Tax (VAT) and any other applicable sales taxes.
Any VAT or any other applicable tax due on an Advertisement will be paid by Buyer in addition to the rates shown separately on the invoice.
These Terms and Conditions, together with any insertion order or term sheet agreed by the parties, constitute the entire agreement between the parties with regard to its subject matter and shall supersede all prior understandings, commitments and undertakings that either party may have given.
Without limitation to the foregoing, any additional terms Buyer may seek to impose (including without limitation by way of any insertion or purchase order, email, acknowledgement or click-through agreement) shall be void and unenforceable.
No variation or addition to these Terms and Conditions without the prior written consent of Futurescot shall be effective unless agreed to in writing by a Director of Futurescot.
Futurescot may from time to time modify these Terms and Conditions by publishing any changes online.
In the event of any conflict between these Terms and Conditions and any email exchange or other document that may relate to a Booking, these Terms and Conditions shall prevail to the extent of that conflict.
Advertisement means any Print or Digital Advertisement or Partner Content or Advertorial submitted to Futurescot by or on behalf of the Buyer for insertion in a Futurescot Publication, or for use by Futurescot at an event.
Booking means the placing by a Buyer of an order with FT for the insertion of an Advertisement in a Futurescot Publication;
Buyer means the person or legal entity making the Booking, whether such person or legal entity is the advertiser of the relevant product or service (the Advertiser), or the Advertiser’s advertising agency, or media buyer.
Digital Advertisements mean Advertisements for insertion on a Futurescot Website;
Email Campaign means an Advertisement that is inserted into Newsletters or emails delivered by or on behalf of Futurescot.
Futurescot means Canongate Communications Limited;
2. DELEGATE BOOKINGS
Futurescot Live Delegate Terms and Conditions apply to all delegates and attendees of Futurescot Live Conferences and Events including, Attending Speakers, Sponsors and Sponsors guests.
The following terms apply whether you are booking to attend an Event in person (Physical Event) or virtually (Digital Event). Individuals who attend or register to attend any Event or Conference are referred to in these terms as Delegates.
On booking, you must provide Futurescot with accurate, complete registration information and it is your responsibility to update Futurescot with any changes to that information. Futurescot is entitled to rely on any information you provide to us.
Each booking is for a single user only. The email address that you provide on booking must correspond to a named email account and not a generic or shared email account.
Confirmation of bookings
All bookings are subject to availability and acceptance by Futurescot, which will be confirmed in writing (including by email) that Futurescot has received the completed booking form, the related fees if required,and anything else that Futurescot may require.
Upon Futurescot’s written confirmation to you of its acceptance of your booking for a place at an Event there will be a legally binding contract between Futurescot and you to which these terms apply.
Futurescot reserves the right to refuse to accept any booking in its absolute discretion.
You are responsible for all use of any Virtual Platform’s made by you or anyone else using your ID and for preventing unauthorised use of your ID. In particular, where we provide you with a unique link for logging in to any Digital Platform, you should ensure that this is not shared with anyone else, as it will be tied to your ID.
If you believe there has been any breach of security such as the disclosure, or unauthorised use of your ID or any payment information, you must notify Futurescot immediately by emailing us at Massimo@Futurescot.com.
Fees for each Event are correct at the time of publication. Futurescot reserves the right to change the Fees at any time but changes will not affect registrations which have already been confirmed by Futurescot. The Fees are payable at the same time as you submit your booking form by credit card or cheque. You acknowledge that Futurescot cannot guarantee places held on a provisional basis and that places may sell out.
The Fees do not include travel to or from the Event or any accommodation costs incurred.
Under VAT regulations, Delegates are required to pay VAT at the applicable rate on all Events taking place in the United Kingdom.
Changes, Cancellations and Postponements
Whilst our programmes are correct at the time of going to press, in certain circumstances it may be necessary for Futurescot to alter the content, format, venue or timing of an Event. All Delegates will be notified of such changes prior to the Event.
- If you cannot attend an Event for which you have registered, please contact Futurescot as soon as possible (and in any event no later than 24 hours before the Event) at Massimo@Futurescot.com.
- Futurescot will allow a substitute to attend the Event in your place (provided that we have received the details of that substitute) or you can attend the next available Event.
- If You notify us that you wish to cancel your attendance at a Physical Event for which a Fee is payable, then cancellation charges will apply as follows.
- Please note that refunds may take up to 14 working days.
- The refund will be distributed in the same form as the original payment was received (e.g., credit card payment will refund to the same credit card account number).
Written notice received by us % of
Fee to be charged
More than 30 days prior to the first day of the Event 25%
Within 30 days to the first day of the Event 100%
All Fees for Digital Events are non-refundable, except the circumstances described below.
- Futurescot may in exceptional circumstances need to postpone or cancel an Event, and we will notify you as soon as reasonably practicable of any such postponement or cancellation.
- If an Event is cancelled, or if an Event is postponed and you cannot attend the rearranged date, we will refund any Fees you have paid in advance within 8 weeks.
- You agree that Futurescot’s liability to you will be limited to the amount of the Fees you have paid and Futurescot will not be liable to you for any expenditure, damage or loss incurred by you as a result of the cancellation or postponement.
Attending Physical Events
- Please advise us of any special access requirements at the time of making your booking for any Physical Event.
- Futurescot reserves the right, without any liability, to refuse you admission or eject you from any Physical Event for failure to comply with these Terms, or if in Futurescot’s opinion you represent a security risk, nuisance or annoyance to the running of the Event.
- You are responsible for arranging your own appropriate insurance cover in connection with your attendance at any Physical Event.
- To the maximum extent permitted by law, Futurescot will not be liable for any kind of loss or damage to you or your personal property, unless caused by our negligence.
Filming, photographs and recordings
- Except as otherwise instructed at a Physical Event you are permitted to make reasonable video or audio recordings and to take photographs at any Physical Event, in each case for your own personal use.
- You must not make video or audio recordings of the whole (or substantially the whole) of any Physical Event or of any session within the Physical Event, or use any recordings or photographs for commercial purposes, unless expressly permitted by Futurescot.
- You acknowledge that any Physical Event or part of it may be filmed by audio, visual, audio-visual or electronic means or photographed, including photographs of individual Delegates or groups of Delegates.
- You agree to permit Futurescot, or any third party licensed by Futurescot, to use and distribute such footage and photographs, which may feature images of you, in all or any media (including social media).
- Please inform the photographer if you do not wish to be included in any individual or group photographs.
Attending Digital Events
The Digital Event is a web-based event which can be accessed through desktop or mobile devices using the link provided in the confirmation email sent to You. The Digital Event can be accessed live or for a limited time after the Event has taken place.
- You are solely responsible for ensuring that you have the necessary desktop or mobile equipment and internet connection for accessing the Digital Event.
- Futurescot reserves the right, without any liability, to refuse you access or eject you from the Digital Event for failure to comply with these Terms; or if in Futurescot’s opinion you represent a security risk, nuisance or annoyance to the running of the Digital Event.
- You are not permitted to make your own video or audio recordings of the Digital Event or use any photographs or screenshots of the Digital Event for commercial purposes, unless expressly permitted by Futurescot.
Delegate Content and Networking Features
A Virtual Event may include features allowing Delegates to post questions, comments, messages and take part in polling. The Virtual Event may allow all or some Delegates to access additional networking features that enable them to directly contact other Delegates who have access to the same features.
You must not post, link to or otherwise publish content that is:
- Not your own original work or content which infringes the copyright or other rights of any third party.
- Contains any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.
- Is threatening, offensive, libellous, indecent or otherwise unlawful.
- Is discriminatory in nature for example, comments which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age.
- Personally, attacks any Event speaker or any other individual participating in the Event.
- Contains viruses, files or code designed to interrupt, destroy or limit the functionality of the Site, the Digital Event or any computer or equipment.
You acknowledge that Futurescot cannot control the Delegate Content posted by others so we cannot guarantee the accuracy, integrity or quality of any Delegate Content. Some users may not behave properly and may post Delegate that is misleading, untrue or offensive.
- Futurescot reserves the right to monitor or review any Public Content or Networking Content, though it is not possible for us to fully monitor all Public Content or Networking Content.
- Futurescot also reserves the right to access and review any Private Content in respect of which any complaint is made by its recipient. Futurescot may remove any Delegate Content that is potentially in breach of these terms.
- We may also ban a Delegate from posting any further Delegate Content or eject them from the Digital Event.
- If you post any Public Content, you are granting Futurescot a right to publish, re-use, archive, modify, delete or commercially exploit that Public Content in whole or in part, without any requirement to pay you for this and with or without attribution to you.
Us of Delegate data at physical events
All information received from you at any Event may be passed on by Futurescot to sponsors and Event Partners.
If you provide Futurescot with an email address that will result in any messages Futurescot may send you being sent to you via a network or device operated or owned by your employer or colleague then you promise that you are entitled to receive those messages.
You agree that Futurescot may stop sending messages to you without notifying you.
Where an Event is stated to have a Delegate List, this means that the names, job titles and organisations of all registered Delegates at that Event may be included on a list that is provided to speakers, sponsoring companies and other delegates at the Event. You can opt out of being included in the Delegate List when you book for the Event by using the opt-out box provided, or by emailing Massimo@Futurescot.com.
Use of Delegate Details at a Futurescot Virtual Event
Your details will be available to other Delegates, Sponsors and Speakers and make up part of the Networking and other Networking features. You can opt out of being included in the Delegate List when you book for the Event by using the opt-out box provided, or by emailing Massimo@Futurescot.com.
Delegates must not use the Delegate List for their own promotional and marketing purposes, for example by using the Delegate List for sending any form of unsolicited communications to other Delegates.
Futurescot will only contact you for marketing purposes and will pass on your contact details to sponsors for marketing purposes, to the extent that you agree to this during the booking process for your Event.
Terms for Speakers
If you are a speaker or facilitator at any Event, please acknowledge that:
- You may be recorded by video or audio, and or photographed during the course of your contribution to the Event. Futurescot may make such recordings or photographs publicly available at Futurescot’s discretion.
- Futurescot may share your contact details with other Speakers and sponsors of the Event, for purposes relating to your participation in the Event.
- Futurescot may mention you on our Futurescot Live Twitter feed and other social media channels, with or without your photograph.
If you are a speaker or facilitator at any Virtual Event, it is your responsibility to ensure you have the necessary software equipment and internet access to participate in the Digital Event. Details will be provided of who to contact if you encounter any technical difficulties before or during your participation in the Digital Event.
You confirm that your contribution to the Event will comprise your own original content and that you will either own, or have permission to use, any materials you use, distribute or display at the Event, for example, any slides, handouts or other presentation materials.
Limitations on Futurescot’s Liability
In these terms, “Event Content” means any content communicated, supplied, displayed or otherwise made available by us, or by any speakers, at or in connection with any Event. This includes, but is not limited to, any presentations, handouts, slides or audio-visual materials.
Event Content is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, Event Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Futurescot or by any speaker.
Views expressed by speakers are their own and Futurescot disclaims all liability for advice given or views expressed during an Event.
Any agreements, transactions or other arrangements made between you and any other Delegate at any Event are at your own responsibility and entered into at your own risk.
Futurescot will develop and operate any Events and any Digital Services with reasonable skill and care and in accordance with good industry practice and all applicable laws.
The above disclaimers apply equally to your use of any Virtual Platforms and your attendance at any Events. Without limiting the above, Futurescot is not liable for matters beyond its reasonable control.
Futurescot does not control third party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties.
Our financial responsibility
You agree that if we are in breach of these terms, we will only be responsible to you for any damages that you incur arising out of your attendance at any Events or your use of any Virtual Platforms or Event Content as follows:
- If you incur any loss as a result of attending any Events or using any Digital Services or Event Content outside the scope of these terms, Futurescot accepts no responsibility (liability) to you for this.
- You will be responsible for all claims, liabilities, damages, cost and expenses suffered or incurred as a result of your breach of these terms.
Futurescot will only be responsible for loss or damage you suffer which is the reasonably foreseeable result of Futurescot’s breach of a legal duty of care owed to you, but in no event shall the liability of the Futurescot or its affiliates exceed the amount, if any, paid by you to the Futurescot for the particular Event or Digital Services.
Futurescot will not be responsible to you for any loss or damage suffered by your business, such as lost data, lost profits or any business interruption.
The limitations of liability apply for the benefit of Futurescot, its affiliates, and all of their respective officers, directors, employees, agents or any company who we transfer our rights and obligations to in accordance with these terms.
1. By booking for any Event, you are entering into a contract with Canongate Communications Limited