EVEX2024

EVEX2024 – Event Terms & Conditions

These Terms set out the terms & conditions on which the Customer books event services at an event (defined below). Please read these Terms carefully as they contain important information.

Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings. Less frequently used terms are defined within the body of these Terms and Conditions:

“Attendee” means members of the public, businesses, or organisations attending the event whether entry is by ticket purchase, discount ticket or agreed free entry.

“The Company” “Us”, “We” means EV Driver Ltd. Registered in England and Wales. Company No. 10241922. Registered address: Walton House Walton House, High St, Felixstowe, Suffolk, England, IP11 9DS (or their assigns or successors) as the case may be;

“Customer” “You“, “Your(s)” means the person, firm, company or organisation exhibiting, sponsoring or participating in the Company’s event and accessing the website or receiving via email and accepting the Company’s terms and conditions and identified in the Order Form;

“Content” means any or all information and material requested by the Company and or submitted by You for use in connection with the event, including Your logo and other materials and information required by the Company for the event to promote and market the event prior, during and after the event;

“Deposit” means the non-refundable deposit where applicable, dependant upon the type of event and as specified by the Company on the Order Form;

“Event” means an exhibition, conference, or other type of event to be held by the Company in respect of which You are submitting an Order Form;

“Event Services” means any event services, exhibiting, sponsoring, participation, promotions or rights associated with the event and provided by the Company;

“Event Space” means the area, furniture and equipment that the Company may provide You with, whether internal, external event space that You order at the Company’s event;

“Event Brochure” means the Company’s information pack provided specifically for You for the for the event;

“Fee” means the total sum payable by You to the Company and payment term as specified on the Order Form;

“Order Form” means a document provided electronically via the Company’s website, webpage or email accepted and confirmed by You to order event services at the Company’s event in accordance with clause 2.2;

“Order Confirmation” means a document provided by the Company automated via the Company’s website or email confirming the Order Form You have accepted and confirmed for event services at the Company’s event;

“Order” means an order or purchase order made by You to the Company for event services at the Company’s event, as will be confirmed and accepted by the Company by providing you with an Order Confirmation (as defined in clause 2.3);

“Payment Method” means the specific manner, payment merchant and platform accepted by the Company used to make financial transactions between the parties specified on the Order Form;

“Portable Appliance Testing” (PAT) means inspecting and testing electrical equipment and appliances, including those that can be moved or plugged into a power source to ensure their compliance with safety standards and compliance with UK regulations, to prevent potential hazards and electrical accidents.

“Risk Assessment” means The evaluation and analysis aimed at identifying potential hazards, associated risks, and implementing suitable control measures in the planning, and execution of Your attendance as an exhibitor or participant at the event and your intended use the the event space provided to You by the Company, including exhibition structures, materials and vehicles and their construction.

“Risk Assessment Form” means the document provided by the Company or the Venue to You and required for Your completion prior to your attendance at the event. Risk Assessment information must adhere to relevant laws, prioritising the health, safety, and well-being of participants, attendees, staff, and the general public.

“Test Drives” means vehicles provided by You for the purpose of offering test drives to attendees by way of Your exhibit at the event. We suggest attendees taking test drives are always accompanied by an employee of

“VAT” means value-added tax chargeable under English law;

“Terms” means these terms and conditions;

1.2 In these Terms, unless the context clearly indicates another intention;

(a) headings are included for convenience only;

(b) references to clauses and Schedules shall be to clauses and schedules of these Terms;

(c) a reference to any gender includes other genders and the singular includes the plural and vice versa;

(d) references to persons include individuals, unincorporated bodies, government entities, companies and corporations; and

(e) the words “include”, “including”, and “such as” are to be construed as if they were immediately followed by the words “without limitation”.

Basis of the Contract
2.1 By submitting an Order Form, You agree to be bound by these Terms to the exclusion of all other terms. If You do not agree to be bound by these Terms, then You should not submit an Order Form.

2.2 Your Order Form shall be completed by You or on Your behalf and submitted to the Company either electronically as provided by the Company’s website or emailed to the Company as the Company in its discretion accepts.

2.3 Your Order Form is a confirmation by You to the Company of your attendance and Order Confirmation of event services at the Company’s event and a binding contract between You and the Company that will be formed when the Order Confirmation is sent by the Company to You (whether or not it is received) using the contact details provided in the Order Form.

You should contact the Company if You have not received Your Order Confirmation within three (3) days of submitting Your Order Form. The Company reserves the right in its sole discretion to refuse to accept Your Order Form.

Your Order Form and the Order Confirmation shall together (also be referred to as the Order) constitute a binding contract between You and the Company which shall be subject to these Terms and to any rules and regulations issued from time to time by the Company in relation to the event.

2.4 The person signing the Order Form on Your behalf shall be deemed to have full authority to do so and You shall have no right to claim against the Company that such person or persons did not have such authority.

2.5 Exhibitor space at the event may be limited and will be subject to availability.

2.6 You are jointly and severally liable under these Terms with any agent appointed to make the Order on Your behalf.

Payment
3.1 The Deposit is dependant upon the type of event, as specified and as required by the Company, and shall be payable by You in full and in cleared funds into the Company’s nominated bank account in accordance with the terms and payment method; herein and on the Order Form.

3.2 The Fee (less the Deposit if previously paid and in accordance with Clause 3.1 above) shall be payable by You to the Company in accordance with the terms and payment method; on the Order Form and in cleared funds into the Company’s nominated bank account, within the period of time as specified on the Order Form and/or the date of the Company’s invoice.

The Fee as stated is exclusive of VAT, which will be due at the prescribed rate and at the time of payment of the Fee to the Company.

3.3 Payment Methods are the payment merchants and platforms accepted by the Company and used by You to provide cleared funds into the Company’s nominated bank account as specified on the Order Form.

3.4 If payment of the Fee in full is not received before the event, the Company may (at its sole discretion) either require such payment as a condition of Your entry to the event or refuse You entry to the event. No refunds of any proportion of the Fee paid (if any) will be made and any balance of the Fee will remain due and payable where entry to an event is refused under this clause 3.4.

3.5 Debt recovery costs and interest on overdue invoices shall accrue on any unpaid amounts from the date when payment becomes due to the maximum extent permitted by The Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debt Regulations 2002 as amended, extended, consolidated or replaced from time to time or other similar laws that may be applicable.

Provision of Space and Event Information
4.1 On receipt of the Fee and or prior to the event, the Company shall provide You with:

(a) the Event Brochure

(b) confirmation of the type of event service; space, booth or other design

(c) confirmation of the size and location of Your space at the event;

(d) any online and offline promotional, marketing materials and or creative assets to be used for the event.

4.2 The Company reserves the right at any time to change the size and or location of Your space at the event and accepts no liability for such change, other than an obligation to refund the proportion of the Fee resulting from the reduction in size of the space.

Duration of Event
Event hours and/or provisional times are provided in the Event Brochure and via the Company’s website.

The Company’s Contractors
6.1 Dependant upon the type of event the Company will use their event management company in conjunction with the venue provider and any third-party contractors to provide You with an event space, and any other furniture or equipment. The Company will be responsible for the preparation, construction and dismantling and clearing of the event space, booth and any furniture or equipment provided. The fee for the preparation provided by the Company is as agreed between You and the Company and included in the fee and specified and confirmed on the Order Form.

You will be responsible for clearing Your exhibition equipment, vehicles and materials from Your event space provided by the Company.

6.2 No stand or display on any stand will be permitted which in the opinion of the Company obstructs light, impedes access or views along open spaces or gangways or otherwise inconveniences or adversely affects other Customers. You shall comply immediately with any direction given by the Company or venue owners in respect to this matter or in respect to fire or safety precautions referred to in clause 10 below.

6.3 You and Your employees and any agents or contractors authorised by the Company may enter the specified event area for purposes of erecting and dismantling Your exhibits and materials at times specified by the Company, once the Company’s preparation and dismantling periods of Your event space and equipment have been completed as specified on the Company’s website, by email or the event brochure.

6.4 If You fail to remove all Your property or otherwise fail to vacate the event venue premises by the agreed time due to any cause whatsoever, You shall be fully responsible for any penalties imposed by the venue, or any other losses and costs incurred by the Company. As a result of Your failing to vacate the premises by the agreed time, the Company may remove any of Your property left in the event venue by You after the said time. The costs of such removal shall be paid by You to the Company on demand.

Exhibits, Vehicles and Test Drives
7.1 Subject to clauses 8 and 9, You shall be entitled to exhibit only those materials and products including vehicles detailed in the Order Form. You shall not exhibit or display the products or services that are restricted or forbidden by the venue.

7.2 Where You provide test drives for attendees as part of your exhibit You shall be fully responsible for any vehicle used for the test drive and ensuring that you receive, check and approve all relevant documentation required, by law or by Your company prior to the attendee taking the test drive. You are solely responsible for ensuring the attendee taking the test drive is accompanied by You or a competent employee.

Removal of Exhibits
The Company reserves the right to require You to remove any exhibit or display if the Company in its absolute discretion considers that it is libellous, obscene, undesirable or detrimental to the event, other exhibitors, attendees or the general commercial interests of the Company or the venue that it infringes the rights of any third party.

Dangerous and Excluded Material
The following are excluded from the event: (i) any matters of an obscene, defamatory, libellous or otherwise illegal nature, (ii) explosives, detonating or fulminating compounds (iii) all dangerous, noxious and harmful substances, including (but not by way of limitation) primings and fireworks, and (iv) all matters and materials prohibited or restricted by applicable law including, but not limited to, local ordinances. Primings, fireworks, matches and similar objects may only be exhibited in the form of imitations and on condition that they contain no flammable matter.

Fire Precautions and Health and Safety
10.1 You are solely responsible for ensuring that all electrical equipment You bring to the event is safe and compliant with relevant regulations. It is a condition of participation that You must arrange for Portable Appliance Testing (PAT) of their electrical equipment prior to the event and provide valid PAT certificates upon request.

The event management company or the venue shall not be liable for any injury, damage, or loss arising from exhibitors’ failure to comply with this requirement. You agree to indemnify and hold the Company, the event management company, organisers and the venue harmless against any claims, actions, or liabilities resulting from non-compliance with this provision.

10.2 All materials used for building, decorating or covering Your stand must be non-inflammable and You must observe and comply with any requirements made or instructions given by any local or other relevant authority or health and safety inspector on behalf of the venue.

10.3 All personnel entering the event must comply with all venue fire, health and safety procedures and will obey all fire, health and safety instructions issued by the venue and/or the Company.

Reduction of Space
If You wish to reduce the size of your event space after Your Order Confirmation provided by the Company you must notify the Company in writing prior to the event. The Company shall be under no obligation to agree to any reduction requested. If the Company agrees to the reduction, You shall be liable for the cancellation charges set out in clause 16 pro rata in relation to the amount by which the original event space is reduced.

Relocation
The Order Form shall be for the amount of space at the event as specified in the Order Confirmation. The Company is under no obligation to You to provide a particular space on the floor plan at the event. The Company reserves the right (without being required to give notice to You and without any liability to You) to alter the stand numbering, the layout of any event floor plan and the position of any stand at any time.

Occupation of Event Space
13.1 You shall ensure that Your event space and exhibits are occupied and attended by competent and adequate staff at all times for the duration of the event.

13.2 You must notify the Company of the names and titles of any staff attending to occupy the stand at the event prior to or at the time of submitting Your Order Form.

13.3 Where admission documents for exhibiting and attending the event are sent to You, the risk in the goods shall pass to You upon the items being sent or emailed to the contact details provided on the Order Form.

13.4 The details of the event shown on the Company’s website or in any material supplied by the Company to You are correct at the time of publication but You shall be responsible for checking via the Company’s website or with the Company directly that no amendments have been made.

13.5 You shall at all times comply and ensure that Your staff complies with any rules, policies and procedures of the venue of the event, including all health and safety policies and procedures, all reasonable instructions of the venue staff and the Company representatives at the event, and all applicable laws including, but not limited to local ordinance. The Company reserves the right in its absolute discretion to exclude or remove from the event any customer, exhibitor and/or its employees and its exhibits whose presence in the Company’s opinion is or is likely to be undesirable without prejudice to any other rights or remedies available to the Company.

Attendance by other Exhibitors
The name of any exhibitor which may appear on any floor plan or event space or any statement made by or on behalf of the Company that any company or person is confirmed to attend the event provisionally or otherwise shall not constitute a warranty, representation or undertaking by the Company that any such exhibitor, person or company shall attend the event at any particular location or at all. No Order for event space or acceptance thereof shall be conditional on the attendance or location of any other exhibitor.

Exhibitor Content & Materials
15.1 You shall, on request by the Company, supply Your Content required by the Company for promotion, marketing and other media purposes relating to the event. You are responsible for creating, approving and providing Your Content to the Company for the event.

15.2 You shall ensure all material provided to the Company or supplied directly by You during the event is accurate and is not offensive, abusive, indecent, defamatory, obscene or otherwise inappropriate for use for such purpose by the Company.

15.3 Charges will be made to You by the Company where digital designers and or printers are required to provide extra production or creative work because of exceptional production requirements or acts or defaults by You.

15.4 You hereby grant the Company a non-exclusive, royalty-free, worldwide licence to reproduce, exhibit, distribute and use (and have reproduced, exhibited, distributed or used) Your name and Your Content provided by You in relation to (and before, during and after) the event.

15.5 You represent and warrant to the Company that:

(a) You are the sole author and legal and beneficial owner of the Content;

(b) You have obtained all necessary rights, consents and licences required to use, amend edit, adapt, and publish the Content for the purpose of the event and the Company shall be entitled to see evidence to this effect on request;

(c) the use, reproduction, distribution or transmission of the Content, including any exercise of the licence under clause 15.3 by the Company will not violate any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, patent, trade mark, trade secret, or other proprietary rights, false advertising, unfair competition, defamation, obscenity, piracy, invasion of privacy or rights of celebrity, infringement of any discrimination law, securities law or regulation, or of any other right of any person or entity.

Cancellation
16.1 The Company may (at its sole discretion) suspend the event, change the date and/or venue for the event for any reason and if You are able to attend the revised event, these Terms shall continue to apply. If You notify the Company in writing within thirty (30) days of receiving notification of the revised event that You do not wish to attend the re-arranged event the Company shall reimburse the Fee to You. The Company shall have no other liability to You.

16.2 The Company may (at its sole discretion) cancel an event at any time for any reason and shall in such event reimburse the Fee to You. The Company shall have no other liability to You.

16.3 If You wish to cancel an Order You shall notify the Company in writing prior to the event.

In the event that Your cancellation notice is received by the Company within two (2) months prior to the event. You will only be required to pay the Company fifty (50%) percent of the Fee for the cancelled Order.

16.4 In the event that Your cancellation notice is received by the Company less than two (2) months prior to the event You will be required to pay the Company the Fee in full for the cancelled Order and the Company shall be under no obligation to reimburse all or part of such charges, even in the event that the Company resells or reallocates the cancelled stand space after such cancellation by You.

16.5 In the event that You have paid less than the sums due to the Company for a cancellation as set out in clauses 16.3 or 16.4 above, You will pay the balance to the Company at the same time as Your Cancellation Notice.

16.6 In the event that You have paid in excess of the sums due to the Company for a cancellation as set out in clauses 16.3 or 16.4 above, the Company will calculate and pay any refund sum which may be due to You within sixty (60) days of receipt of Your cancellation notice.

Termination
17.1 The Company shall have the right to terminate any Order and/or any agreement between the parties to which these Terms apply by notice to You if You:

(a) fail to make any payment due to the Company by the due dates specified in these Terms; or as agreed in the Order.

(b) are in breach of these Terms or You fail to comply with any material obligations or warranties under any agreement between the parties to which these Terms apply and in either case You do not remedy the same (if capable of being remedied) within three (3) working days of receipt of notice in writing from the Company specifying the breach or failure and calling for the same to be remedied; or

(c) compound or make arrangements with Your creditors or become insolvent or if any Order is made or resolution passed for Your liquidation, winding up or dissolution or if a receiver or manager or administrative receiver or administrator is appointed over the whole or a substantial part of Your assets or of anything analogous to or having a substantially similar effect of any such events shall occur under the laws of any applicable jurisdiction.

17.2 Termination in accordance with clause 17.1 shall be treated as a cancellation by You and You will be required to pay the cancellation sums specified in clauses 16.3 or 16.4 (as appropriate).

17.3 Following completion of an event and/or termination of any agreement between the Company and You to which these Terms apply, rights granted by the Company under these Terms shall immediately terminate and revert to the Company, after which You cannot use or exploit (directly or indirectly) Your previous connection with the Company or any event or as otherwise provided for by these Terms.

Indemnity
You shall defend, indemnify and hold harmless the Company from and against all costs, claims, demands, proceedings, liability, losses and expenses (including reasonable legal fees) whatsoever made against or incurred by the Company as a result of, related to or arising in connection with (i) a breach of these Terms by You, and/or (ii) any acts or defaults of You, Your employees or agents in connection with the event and/or (iii) any claim brought against the Company that the Content supplied by You infringes, violates, or trespasses or constitutes the unauthorised use or misappropriation of any intellectual property of any third party.

Exclusion of Liability and Insurance
19.1 To the fullest extent permitted by the applicable law, the Company excludes (a) all liability for loss, injury or damage to persons or property at the event; (b) all indemnities, warranties, representations, terms and conditions (whether expressed or implied); and (c) any actual or alleged indirect loss or consequential loss howsoever arising suffered by You, or any loss of profits, anticipated profits, savings, loss of business revenue, loss of business, loss of opportunity, loss of goodwill, or any other type of economic loss (whether direct or indirect). If the Company is liable to You for any reason, the Company’s total liability under these Terms or otherwise in relation to the event is limited to the amount of the Fee received by the Company.

19.2 You shall effect at Your own cost, provide insurance cover, concerning insurance of event, exhibits, including Your vehicles and equipment at the venue, attendee test drives provided by you in Your vehicles, postponement or abandonment, and failure to vacate, as well as full public liability and employee liability insurance against personal injury, death and damage to or loss of property for a limit of indemnity of not less than five million pounds sterling (£5,000,000) or it’s equivalent or such higher amount as the venue may require, and the Company shall be entitled to inspect such insurance policies upon request.

19.3 Nothing in these Terms shall exclude or restrict either party’s liability for death or personal injury resulting from the negligence of that party or its employees while acting in the course of their employment.

General
20.1 Neither party shall be liable to the other in respect of any non-performance of its obligations by reason of any act of God, civil war or strife, act of foreign enemy, invasion, war, satellite failure, legal enactment, governmental order or regulation, epidemic, pandemic, industrial action, trade dispute, lock-out, riot or any other cause beyond their respective control provided always that in any such event, the duration of the agreement between the parties shall be extended over which such event continues.

20.2 If any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of the Terms and this shall not affect the enforceability of the remainder of these Terms nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

20.3 The terms of these Terms shall not be enforceable by a third party (as defined in the Contracts (Rights of Third Parties) Act 1999 (the “Act”)) under the provisions of the Act.

20.4 You may not assign or transfer any rights or obligations under these Terms to any third party without the Company’s prior written consent.

20.5 The Company may assign, transfer or novate these Terms and the rights and obligations under it to any other party at any time and shall inform You thereof in writing within a reasonable time thereafter.

20.6 Any notice or other information to be given by either party under these Terms shall be made by first class prepaid mail (if sent from and to an address within the UK) and first class prepaid airmail (if international) to Your company address or e-mail address supplied, by the Company or You (as applicable) for such purpose, and shall be deemed to have been communicated three (3) business days after posting, if sent by first class mail, five (5) business days after posting if sent by airmail and on the next business day, if sent by email.

20.7 No waiver or any breach of any of these Terms shall be deemed to be a waiver of any other breach and no waiver shall be effective unless in writing.

20.8 No term or provision in these Terms shall be varied or modified unless agreed in writing and signed by the parties.

20.9 These Terms together with any other document incorporating these Terms shall constitute the entire agreement and understanding between the parties in relation to its subject matter.

20.10 The parties acknowledge and agree that they have not relied on and shall have no right of action in respect of any representation, warranty or promise except as expressly provided in these Terms and for such representation, warranty or promises made fraudulently and all conditions, warranties or other terms implied by statute or common law are by these Terms excluded to the fullest extent permitted by law.

20.11 You understand and acknowledge that to the extent the data submitted by You in connection with a Booking amounts to personal information, such personal information will be processed in accordance with the requirements of applicable data protection laws and our privacy policy.

For further information, please read the Company privacy notice, which can be found at: https://static1.squarespace.com/static/5774db6c5016e151e8c837ef/t/65a6cb353ebc032a6aec7830/1705429813638/Privacy-GDPR-notice.pdf

20.12 These Terms and any agreement to which these Terms apply shall be governed by English law and shall be subject to the exclusive jurisdiction of the English Courts, without regard to conflict of laws and/or rules. For any dispute under this Agreement, any claim (including, but not limited to any claim for injunctive or monetary relief) will be brought only in English Courts, and neither You nor the Company will object to the exercise of personal jurisdiction by such court.