It is important that you read these Terms and Conditions carefully before booking any Insider Trends experience. It will be deemed that the Client has accepted these Terms and Conditions for any services purchased from Insider Trends Limited.
No alterations or variations to these Terms & Conditions will be accepted unless agreed in writing by Insider Trends Limited.
The following words and expressions shall mean and be interpreted as follows:
“Client” – are individuals, groups and agencies who may book on behalf of groups
“Company” shall mean Insider Trends Limited
“Third Party” shall mean someone other than the Company
“Contract” shall mean these Terms of Business that govern all Services provided by the Company to the Client pursuant to any Order, together with the Order, and commences on the date that the Order is given out
“Intellectual Property Rights” shall mean copyright, patent, trademarks, design rights (including the look and feel) registered or unregistered designs, know-how, processes, ideas and any other intellectual property or other right, whether known or not, now and in the future, including extensions and renewals
“Order” shall mean the written agreement by the Client with the Company for detailing the Services whether online or in person
“Price” shall mean the fee in pounds sterling agreed between the parties in respect of any one Order
“Services” shall mean those Services or, where appropriate, part of the service described on the Order
Terms of Business
1.1 The parties agree that the Contract shall apply to all tours/Orders (including a tour, presentation, report or digital download) placed for the supply of all Services by the Company to the exclusion of all other terms and conditions, including that of the Client, whether or not notified to the Company.
1.2 Any meetings mentioned in itineraries are only provisional at the proposal stage. The sooner the Client can confirm its Service, the more likely it is that the items listed in the proposal can be secured.
1.3 Should any visit listed in a proposal not be available once the Service is booked, the Company will offer alternatives. If the Client deems no alternative suitable, a proportional refund will be offered. The Company’s offer of a refund will be final.
1.4 A tour, visit, meeting or event is for the advertised length of time, as covered by a proposal or web listing. Tour itineraries may have to be adjusted depending on the speed of the group, what is happening in the area that is out of the Company’s control and travel conditions. The length of meetings can depend on the interests of the Client. The start and end times of the Services are fixed. If a Client is late for the start of a Service, the Company reserves the right to finish the Service at the finish time as previously agreed.
1.5 The Company will endeavour to ensure that the Client’s tour goes very smoothly, however the Company cannot accept liability for any of the actions of the third parties including but not limited to keeping a store closed during their listed opening hours, providing a different representative for a visit, changing the format of a visit or cancelling a visit altogether.
1.6 Through continuing research that Insider Trends Limited conducts, the Company may suggest that the itinerary should be slightly changed to make the trip even more valuable to the Client. The Client will always be informed of these changes as they arise.
1.7 If the Client makes requests that are additional to the original agreement, there may be a price increase to cover extra work or cost.
1.8 Should any introductions take place, the Client must agree to go through Insider Trends Limited to arrange any future visits with that person or company who was introduced. If the Client wish to arrange any visits directly in the future, a release payment of £2,000 per organisation will need to be paid directly to Insider Trends Limited.
1.9 Any businesses or professionals working in conjunction with Insider Trends Limited will refer all future enquiries for visits or similar visits for previous Clients of Insider Trends Limited back to Insider Trends Limited as the organisers.
1.10 The information and website contents the Company provides contains material which is owned by or licenses to the Company. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Any reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms of business.
1.11 Any unauthorised use of the Company’s website or its documentation may give rise to a claim for damages and/or be a criminal offence.
1.12 The Company carries public liability insurance but all clients MUST be insured to cover personal accident, cancellation, curtailment and any other eventuality.
Placing and Acceptance of Order
Orders are placed online or by telephone.
2.1 Projects of £2,500 or less will be paid for in one payment. Once payment is received, the Service has been booked and the Company will begin work on reservations, meetings and additional research.
2.2 Payment for projects of £2,500 or more can be split. A 50% non-refundable deposit is required to book the session. The remaining 50% payment will be due 45 days before the tour and/or visit commences. For any bookings confirmed within 45 days of the delivery date, a 100% payment will be due immediately to book the session.
2.3 Any Client who does not make payment by the invoice due date(s) will have their payment considered as a ‘default’ and 1% of the invoice amount will be added for each day the invoice is overdue.
2.4 By booking a service from the Company, the Company reserves the right to recoup any debt recovery costs. These will be passed on to the Client and includes any legal fees and/or court fees.
2.5 The Company may, at its entire discretion, accept or reject (for whatever reason) an Order or amendment of Contract and shall notify the Client of the same.
Invoicing and Payment
Payment can be made by any of the following methods: By PayPal, BACS, cash, cheque if guaranteed.
3.1 All Prices are as quoted in the Order, subject to any variations following the placement of an Order and any other applicable taxes and duties.
3.2 The Company reserves the right to vary the Price at its sole and entire discretion. This includes, without limitation, where there is a variation in the Contract to cover any increase in costs for whatsoever reason, where an unintentional error has been made in the initial quote or in light of relevant changes in legislation.
3.3 The Client should be aware of any transfer fees and exchange rates before completing the transaction. It is the Clients responsibility to ensure that the amount transferred covers the total amount. Any underpayment due to transfer fees or the exchange rate is the responsibility of the Client.
Cancellation (Quantum Meruit)
4.1 For bespoke or tailored Services such as retail safaris, trend tours, trend presentations, business visits or reports:
4.1.1 Should the Client wish to cancel, suspend or vary an Order at any time up to commencement of the Contract, the Company reserves the right to charge the Client for any work carried out up to that time. The Company also reserves the right to claim any extra reasonable damages that may have been caused by the Contract not being fulfilled.
4.1.2 If the Client should cancel more than 30 calendar days in advance of the scheduled service start time, then the Client is entitled to a full refund, minus 50% cancellation fee, minus any non-refundable external expenses the Company has already incurred. This may result in an additional invoice, which the Client will be obliged to pay.
4.1.3 If the Client should cancel 30 calendar days or less before the scheduled departure time, the Client will be charged a 100% cancellation fee.
4.1.4 If the Client reschedules an experience, the Company will charge an additional amount equal to 30% of the total project fee to cover any administrative costs and costs associated with rescheduling any third parties involved in the tour. Experiences can only be rescheduled if the Company has the required availability. If the Company does not have the necessary availability to reschedule an experience it will be considered as a cancellation (please see 4.1.2 and 4.1.3 for further details). The Company will always strive to be flexible and find a date suited for both parties, but reserves the right to turn down requests to reschedule if it does not have the availability.
4.2 For non-tailored services such as open presentations:
4.2.1 Should a Client wish to cancel as they cannot attend, the Company will issue the Client with a Voucher for the amount they have spent that they can use for any other open session within 12 months of the date of issue.
4.2.2 If the Company needs to cancel an experience, the Company will give the Client a full refund for the Services only.
4.3 Any products such as downloads and ebooks:
4.3.1 Are non refundable unless this is otherwise stated in relation to a specific product.
5.1 Each party shall retain ownership of its Intellectual Property Rights in all its pre-existing material and shall grant to the other a non-exclusive, non-transferable license for the use of such material solely and exclusively for the purpose of this Contract.
5.2 The Company shall own all Intellectual Property Rights for the work produced and published under this Contract, save for any specification provided by the Client in respect of the same, which shall belong to the Client. At the request of the Client, the Company shall grant to the Client, for a fee to be agreed, a licence to use such material.
Warranties and Indemnities
6.1 The Client therefore warrants that:
6.1.1 it is authorised to place the Contract with the Company
6.1.2 all information supplied by the Client to the Company in connection with the services is complete, accurate and true
6.1.3 the information and material provided and the Services comply with all relevant legislation including regulations and advertising codes
6.1.4 it is the owner of the Intellectual Property Rights in all its pre-existing material
6.2 The Client shall indemnify, defend and hold harmless the Company against all claims, costs, losses, damages, expenses or liability whatsoever and howsoever arising as a result of any breach of the warranties provided in this clause and for any non-performance of its obligations under the Contract or of any breach thereof.
6.3 Neither the Company or any Third Parties provide any warranty or guarantee as to the accuracy, timelines, performance, completeness or suitability of the information that the Company provide for any particular purpose. The Client will acknowledge that such information and materials may contain inaccuracies or errors and the Company expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Each party shall adhere to, and comply with, its obligations under the Data Protection Act 1998 and any subsequent amendments.
7.1 It is understood that the Company may need to share the name of the Client organisation in order to secure certain visits.
7.2 The Company keeps each Client’s details on file after making a booking. The Company may use the Client’s email address to send the Client tour emails from time to time. The Client can unsubscribe from these emails at any time.
7.3 The Company does not sell Client information to Third Parties. On occasion the Company may email the Client on behalf of a paying Third Party from the Company.
8.1 The Company does not exclude or restrict liability for death or personal injury resulting from its own negligence.
8.2 The Company shall not be liable to the Client whatsoever for any loss, cost, expense, liability or other claims howsoever arising from any information, documents, material or data, instructions or specifications provided by the Client relating to the Product that are incomplete, inaccurate, illegible, out of date, in the wrong form or are supplied late, whether due to the Company’s negligence or otherwise.
8.3 If any terms or provisions of Clause 9 are, or become invalid, illegal or unenforceable, the remainder shall survive unaffected.
8.4 The Client takes all liability, including their own safety and personal belongings.
8.5 By agreeing to take part in an Insider Trends experience, all Clients agree to listen to the safety instructions given by the Company and to exercise due care and attention whilst walking.
8.6 Insider Trends’ experiences will go ahead in poor weather.
8.7 All Clients are responsible for informing the Company of any special needs or requirements that they have.
8.8 It is the Client’s responsibility to inform the Company of any allergies or medical conditions they may have. The Client must inform the Company of any ingredients that the Client cannot consume and the Client agrees that they will check any food labels, talk to the chef and that the Client eats and drinks at their own risk.
8.9 Clients must be in a good state of health to attend a tour and be capable of walking the length of the tour as advertised.
Force Majeure and Frustration of Contract
9.1 The Company shall not be liable to the Client for causes beyond its reasonable control, including without limitation for any loss, expenses or costs arising as a result of a delay in production and publication. (“Force Majeure”). The event of Force Majeure shall include, but shall not be limited to: Act of God, new and relevant governmental regulations, war, terrorism (or threat of it), fire, flood, and other disasters, industrial action (whether or not involving the Company’s employees) and delays by its third party suppliers.
9.2 In the event of Force Majeure, the Company shall notify the Client of the same and shall keep the Client notified as to its progress. The Company may be entitled at any time without prejudice to its other rights to terminate this Contract.
9.3 If the Client feels they need to make a complaint to the Company they must sent an email to firstname.lastname@example.org or telephone +44 (0) 20 7183 1055.
Termination of Contract
10.1 The Company may terminate this Contract forthwith where:
10.1.1 the Client commits a material breach under this Contract, incapable of remedy or where capable of remedy fails to remedy it within 30 (thirty) days of receipt of written notification of such breach, or within a reasonable time-scale as otherwise agreed in writing between the parties.
10.1.2 any distress or execution is levied upon the property or assets of the Client. Or if the Client shall make, or offers to make, any arrangement or composition with, or for the benefit of its creditors. Or commits any act of bankruptcy or if any petition or receiving order in bankruptcy is presented or made against the Client, being an individual, or if any resolution to wind-up the Client being a limited company is passed, (save for the purposes of reconstruction or amalgamation), or if a petition is presented to wind-up the Client, or if a receiver of the Client’s undertaking property or assets or of any party thereto is appointed, or if the Client ceases or threatens to cease trading.
10.2 In the event of termination under this clause or in the event the Client terminates for any reason whatsoever, without prejudice to any other right or claim the Company may have, the Client shall remain liable for payment of the Price and the Company shall not be under any obligation to supply any further goods or to provide any further services to the Client under this Contract. The Client shall indemnify the Company against all loss, costs and expenses (including loss of profit, costs of labour and materials) suffered by the Company by reason of such termination.
10.3 Notwithstanding the termination of this Contract, howsoever arising and for whatever reason, the following clauses shall survive termination and shall remain in full force and effect: 4, 6, 7, 8, 9, 10
Assignments and Sub-Contracts
The Company reserves the right to assign or transfer any of its rights, or to sub-contract all, or any part of its obligations under an Order or under this Contract as a whole.
12.1 This Contract is not intended to create a relationship of agent to principal, partnership or joint venture between the parties and neither party is entitled to enter into any business arrangement on behalf of the other.
12.2 No provision of this Contract shall be enforceable by any person who is not a party to it pursuant to the Contracts (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of a third party that exists or is available independently of that Act.
Failure by either party to enforce its rights under this Contract shall not be deemed a waiver of such rights or any other rights and nor shall it prevent that party from subsequently enforcing those rights.
If any provision (or part provision) of these Terms of Business is deemed invalid, illegal or unenforceable by a Court of Law, or any other judicial body, it shall be severed from the remaining provisions (or part provision) and be replaced where applicable so as not to affect the validity, legality and enforceability of the remainder of the Contract and so as to reflect the intentions of the parties.
Governing Law and Jurisdiction
These Terms of Business shall be governed by and construed in accordance with the laws of England. The parties hereby agree to submit to the exclusive jurisdiction of the English Courts.
The Contract represents the entire understanding between the parties and supersedes any prior arrangement, whether written or verbal and neither party places reliance on any representation not recorded here to inducing it to enter into such a Contract.