Version 04 (30/12/19) © Plus4Group Ltd
1.1. The Service Plus4Group will provide You with includes use of the Plus4Group web hosted services pursuant to the terms of the Master Subscription Agreement between Plus4Group and Your Sponsoring Organisation.
1.2. Your order, registration for, or use of, the Service shall be deemed to be Your agreement to abide by this Agreement.
1.4. By using the Service You agree to abide by any policies or instructions notified to You by Your Sponsoring Organisation regarding Their acceptable use of the Service providing such policies or instructions would be permitted under the terms of this Agreement and the Master Subscription Agreement.
1.5. Headings in this document are for ease of navigation only and do not purport to represent the nature of the section or influence its interpretation in any way.
1.6. Any reference to “You” or “Your” refers to you, the party agreeing to these terms with Plus4Group.
1.7. Any reference to “We”, “Us”, or “Our” refers to Plus4Group Limited, a private limited company incorporated in the UK, with the registration number 05243121 and registered address of 1-7 Park Road, Caterham, Surrey, CR3 5TB, UK.
1.8. Any reference to “Sponsoring Organisation” or “Their” refers to the party that has directly entered into a Master Subscription Agreement with Plus4Group and authorises Your access to the Services.
1.9. Any reference to “Both of Us” refers to both You and Plus4Group jointly.
1.10. For reference, a Definitions section is included at the end of this Agreement.
2.1. Plus4Group’s privacy and security policies may be viewed at:
2.2. Plus4Group reserves the right to modify its privacy and security policies in its reasonable discretion from time to time.
2.3. When You initially log in, You will be asked whether You wish to opt-in to receive marketing and other non-critical Service-related communications from Plus4Group from time to time. This is presented separately from Your agreement to these Terms and Conditions of Use, and is not required for Your use of the service. You may opt out of receiving such communications at any time by changing Your preference under MyAccount.
2.4. Please note that because the Service is a hosted, online application, Plus4Group and Your Sponsoring Organisation occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. This does not constitute direct marketing and is essential for the provision of Services.
3.1. You are hereby granted a non-exclusive, non-transferable, worldwide right to use the Service, solely for the internal business purposes of Your Sponsoring Organisation, subject to this Agreement and Master Subscription Agreement.
3.2. All rights not expressly granted to You are reserved by Plus4Group and its licensors.
3.3. You may not access the Service if You are a Direct Competitor of Plus4Group, except with Plus4Group’s prior written consent. In addition, You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.4. You shall not:
3.4.1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way;
3.4.2. modify or make derivative works based upon the Service or the Content;
3.4.3. create Internet ‘links’ to the Service or ‘frame’ or ‘mirror’ any Content on any other server or Internet-based device; or
3.4.4. reverse engineer or access the Service for any reason, including, but not limited to, building a competitive product or service, building a product using similar ideas, features, functions or graphics of the Service, or copying any ideas, features, functions or graphics of the Service.
3.5. User licenses cannot be shared or used by more than one individual User.
3.6. You shall not:
3.6.1. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
3.6.2. send or store infringing, obscene, adult, threatening, libelous, offensive or otherwise unlawful or tortuous material, including material harmful to children or in breach of third party privacy rights;
3.6.3. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
3.6.4. send or store any illegal/pirated media, software or material of any kind, including, but not limited to, software, music, videos or images;
3.6.5. interfere with or disrupt the integrity or performance of the Service or the data contained therein;
3.6.6. attempt to gain unauthorized access to the Service or its related systems or networks; or
3.6.7. use the Service as a platform from which to attempt to gain unauthorized access to or disrupt the operation of any third-party systems or networks.
4.1. If You consume an unreasonably large amount of system resources (Bandwidth, CPU or Disk resources, for example) from the Service which affects the quality of service for other users, Plus4Group may temporarily suspend Your account until Your usage can return to normal levels.
4.2. Plus4Group alone shall determine what constitutes the consumption of an unreasonably large amount of system resources based upon its insight into the overall performance of the service and how Your use of the service is affecting the performance.
4.3. If your use of the service is found to be an operating cause of a noticeable slowdown to system performance upon investigation, as per Clause 4.2, we will notify Your Sponsoring Organisation of any temporary suspension action we intend to take under this Clause 4, with immediate effect.
5.1. You are ultimately responsible for all activity occurring under Your User account and shall abide by all applicable UK and foreign laws, treaties and regulations in connection with Your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.
5.2. You shall:
5.2.1. notify Plus4Group immediately of any unauthorised illicit use of any password or account, or any other known or suspected breach of security;
5.2.2. immediately report to Plus4Group, and use reasonable efforts to bring an end to, any copying or distribution of Content that is known or suspected by You;
5.2.3. not impersonate, or allow any User or other third party to impersonate, another User or provide false identity information to gain access to or use the Service;
5.2.4. represent and warrant that You have fully complied with any applicable Data Protection Legislation and fully indemnify and hold Plus4Group harmless from and against any (alleged) claims by third parties;
5.2.5. if applicable, You represent and warrant that You have fully complied with any applicable procurement law or regulations and fully indemnify and hold Plus4Group harmless from and against any (alleged) claims by third parties in respect of Your failure to do so.
6.1. Plus4Group does not own any data, information or material that You submit to the Service in the course of using the Service ("Customer Data").
6.2. Where Customer Data includes Personal Data, You are responsible for acquiring the proper consent or establishing a Legitimate Interest in collecting and processing that data.
6.3. You, not Plus4Group, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, other than Personal Data, and Plus4Group shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data not including Personal Data.
7.1. Plus4Group alone (and its licensors, where applicable) shall own all rights, title and interest, including all related Intellectual Property Rights, in and to the Plus4Group Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Service.
7.2. This Agreement is not a sale and does not convey to You any rights of ownership in or related to the Service, the Plus4Group Technology or the Intellectual Property Rights owned by Plus4Group.
7.3. The Plus4Group name, the Plus4Group logo, and the product names and logos associated with the Service are copyright and/or trademarks of Plus4Group or third parties, and no right or license is granted to reproduce them on any literature or in any document, in electronic, paper or any other form.
8.1. You shall treat all information obtained from the Service as confidential and shall not divulge the same to any person without the other party’s prior written consent and that of Your Sponsoring Organisation.
8.2. This clause shall not extend to information that is rightfully in the possession of such party prior to the commencement of the negotiations leading to this Agreement or which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this clause) or which is trivial or obvious.
8.3. The foregoing obligations as to confidentiality shall survive any termination of this Agreement for a period of five (5) years.
9.1. During use of the Service, You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service.
9.2. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between You and the applicable third-party.
9.3. Plus4Group and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any such third-party.
9.4. Plus4Group does not endorse any sites on the Internet that are linked through the Service. Plus4Group provides these links to You only as a matter of convenience, and in no event shall Plus4Group or its licensors be responsible for any content, products, or other materials on or available from such sites.
9.5. Plus4Group provides the Service to You pursuant to the terms and conditions of this Agreement. You recognise, however, that certain third-party providers of ancillary software, hardware or services may require Your agreement to additional or different licence or other terms prior to Your use of or access to such software, hardware or services and accepting these terms does not constitute Your acceptance of those terms.
10.1. This Agreement commences on the Effective Date and continues until not later than the termination of the Master Subscription Agreement entered into between Plus4Group and Your Sponsoring Organisation.
10.2. Your access to the Services may be withdrawn by Your Sponsoring Organisation at their discretion at any time for any reason without notice whereupon this Agreement is automatically terminated.
10.3. In the event that Plus4Group issues a new version of this Agreement that contains materially different provisions and requires Your agreement in order to continue providing the Services covered by this Agreement, Plus4Group will be entitled to terminate this Agreement if You do not agree to the new terms.
11.1. PLUS4GROUP AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT.
11.2. PLUS4GROUP AND ITS LICENSORS, SUBJECT TO THE MAXIMUM EXTENT ALLOWED BY DATA PROTECTION LEGISLATION OR OTHER APPLICABLE LAWS, DO NOT REPRESENT OR WARRANT THAT:
11.2.1. THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA;
11.2.2. THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
11.2.3. ANY STORED DATA WILL BE ACCURATE OR RELIABLE;
11.2.4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
11.2.5. ERRORS OR DEFECTS WILL BE CORRECTED; OR
11.2.6. THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.2.7. IT IS SUITABLE FOR EMERGENCY USE, OR IN A SITUATION WHERE EITHER TIME OR LIFE IS DEPENDENT ON THE EXPECTED FUNCTIONING OF THE SERVICE.
11.3. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS.
11.4. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PLUS4GROUP AND ITS LICENSORS.
12.1. PLUS4GROUP’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
12.2. PLUS4GROUP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
13.1. The export or re-export of any part of any Plus4Group website, or any copy/adaptation of a Plus4Group website, is prohibited where it is in violation of applicable laws or regulations, including, without limitation, United Kingdom and European Union and United States export controls.
13.2. Plus4Group and its licensors make no representation that the Service is appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United Kingdom or United States or European Union (including European Union Member States) law is prohibited.
13.3. Use of this Service for nuclear activities, chemical or biological weapons or missile projects or any other unlawful or illegal activities is strictly prohibited.
13.4. If You breach this Clause 13, Plus4Group may terminate this Agreement and all access to the Services by You or Your Sponsoring Organisation in accordance with the terms of the Master Subscription Agreement.
14.1. Plus4Group reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service.
14.2. When changes are made to this set of terms, You will be asked to agree to the new terms before You are able to continue use of the Service. If you do not agree to the new terms, Your Sponsoring Organisation may withdraw Your access to the Services.
15.1. The failure of Plus4Group to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Plus4Group in writing.
15.2. No waiver of any right or provision of this Agreement shall oblige Plus4Group to waive such right or provision on any other occasion.
16.1. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. Any obligations which either expressly or by their nature is to continue after expiration or termination shall survive and remain in effect. Specifically, the provisions of clauses 6, 7, 8, and 15-18 inclusive shall survive expiration or termination of this Agreement.
17.1. This Agreement, together with any policies and instructions notified to You by Your Sponsoring Organisation and any applicable Order Form and Master Subscription Agreement and any materials available on the Plus4Group website incorporated by reference herein, including but not limited to Plus4Group’s privacy and security policies as amended by Plus4Group from time to time in accordance with Clause 14 hereof comprises the entire agreement between You and Plus4Group and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
17.2. Both parties irrevocably and unconditionally waive any rights to claim damages for any misrepresentation whether or not contained in this Agreement or breach of any warranty not contained in this Agreement unless such misrepresentation or warranty was made fraudulently and further waive any right to rescind this Agreement.
18.1. Both of Us agree that the courts of England shall have exclusive jurisdiction to settle any disputes arising out of or in connection with this Agreement and that the laws of England shall govern this Agreement.
As used in this Agreement and in any Order Forms now or hereafter associated herewith:
"Content" means the audio and visual information, documents, software, products and services created by Plus4Group or its licensors and contained or made available to You in the course of using the Service;
"Customer Data" means any data, information or material provided or submitted by You or on Your behalf to the Service in the course of using the Service;
“Data Protection Legislation” means all applicable laws and regulations relating to the processing of Personal Data and privacy including the Data Protection Act 1998, the General Data Protection Regulation 2016/679, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any statutory instrument, order, rule or regulation made thereunder, as from time to time amended, extended, re-enacted or consolidated. The terms “Personal Data”, “Data Controller”, “Data Processor” and “process” (in the context of usage of Personal Data) shall have the meanings given to them in the Data Protection Legislation;
“Direct Competitor” means any organisation, employee of an organisation or sole trader operating in the web-based event booking and management industry, as determined solely by Plus4Group;
"Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date You begin using the Service;
"Initial Term" means the initial period during which You are obligated to pay for the Service as specified on the Order Form(s);
"Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;
"Plus4Group" means Plus4Group Ltd, having its registered office at 1-7 Park Road, Caterham, Surrey, CR3 5TB, in the UK;
"Plus4Group Technology" means all of Plus4Group’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to You by Plus4Group in providing the Service;
"Service(s)" means the specific product and version of Plus4Group’s online event management, reporting, information management, information distribution or other services agreed between Plus4Group and Your Sponsoring Organisation, developed, operated, and maintained by Plus4Group, accessible via , or another designated web site or IP address, or ancillary online or offline products and services provided to You by Plus4Group, to which You are being granted access under this Agreement, including the Plus4Group Technology and the Content;
"Sponsor", "Organisation" or "Sponsoring Organisation" means the legal entity that has entered into the Master Subscription Agreement under which the rights of this Agreement are granted.
"Terms and Conditions of Use" means this Agreement;
"User(s)" means employees, representatives, consultants, contractors, agents and Members who are authorised by a Sponsoring Organisation to use the Service and have been supplied user identifications and passwords by their respective Sponsoring Organisation.
Last Updated: 30 December 2019