These terms and conditions (“Conditions“) are applicable to your entry to the WeQual Awards. In entering the WeQual Awards you are agreeing these Conditions to the exclusion of any other terms and conditions.
WeQual reserves the right to amend these Conditions from time to time but shall give you reasonable notice of any amendment.
1. INTERPRETATION
1.1 Definitions:
“Business Day“ a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business
“Controller“, “Processor“, “Data Subject“, “Personal Data“, “Personal Data Breach“, “processing and appropriate technical and organisational measures” shall each have the meanings ascribed in the Data Protection Legislation
“Data Protection Legislation” means the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications)
“Entrant“ means the individual WeQual Awards entrant
“Entrant Data“ means the Entrant’s Personal Data
“Entrant Materials” all materials (including without limitation information and written works) supplied by the Entrant to WeQual
“WeQual Materials” all documents, products and materials developed by WeQual or its agents, subcontractors and personnel in connection with the WeQual Awards in any form, including without limitation computer programs, data, reports and specifications (including drafts)
“Intellectual Property Rights” patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world
“UK Data Protection Legislation“ means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended
“WeQual“ means WeQual Global Limited (company number 12564670) of Crown House, 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX
“WeQual Awards“ means any one or more as the context requires of the awards organised by WeQual in each of the WeQual Regions
“WeQual IPRs” all Intellectual Property Rights subsisting in the WeQual Materials excluding any Entrant Materials incorporated in them
“WeQual Regions“ means (i) the Americas, (ii) EMEA, and (iii) APAC
1.2 Interpretation:
1.2.1 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision includes any subordinate legislation made from time to time under that statute or statutory provision.
1.2.2 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.2.3 A reference to writing or written includes email but not fax.
2. ENTRY TO THE WEQUAL AWARDS
2.1 Entrance to the WeQual Awards is subject to:
2.1.1 receipt by WeQual of the completed entrance form (in such form as is applicable form time to time) by the published closing date; and
2.1.2 the Entrant’s continued compliance with these conditions.
2.2 WeQual shall confirm the Entrant’s entry into the WeQual Awards and the relevant WeQual Region following receipt of the application form.
2.3 The Entrant may withdraw from the WeQual Awards at any time without giving any reason therefor by notice in writing.
2.4 WeQual may remove the Entrant from the WeQual Awards at any time by notice in writing in the event that the Entrant fails to comply with these Conditions.
3. THE WEQUAL AWARDS
3.1 WeQual invite applications from around the globe to enter the WeQual Awards. Each application is judged on merit and WeQual will select 24 finalists in each WeQual Region. WeQual’s decision is final in this regard.
3.2 In organising the WeQual Awards, WeQual shall:
3.2.1 use reasonable care and skill;
3.2.2 ensure that the WeQual Materials, and all goods, materials, standards and techniques used in presenting the WeQual Awards are of a high standard;
3.2.3 comply with all applicable laws, statutes, regulations from time to time in force provided that WeQual shall not be liable under this condition 3.2.3 if, as a result of such compliance, it is in breach of any of its obligations under these Conditions.
4. ENTRANT'S OBLIGATIONS
4.1 The Entrant shall:
4.1.1 co-operate with WeQual in all matters relating to the WeQual Awards;
4.1.2 provide, in a timely manner, such information as WeQual may reasonably require, and ensure that it is accurate and complete in all material respects; and
4.1.3 adhere to and comply with WeQual’s reasonable requests and directions.
4.2 The Entrant shall not:
4.2.1 use the WeQual Awards (including any event (virtual or otherwise)) to sell any product or service (including consultancy, coaching, mentoring and recruitment services) to any other Entrant, without the express written permission of WeQual;
4.2.2 use the WeQual Awards as a means through which to gain employment. In the event that the Entrant does so a fee will be payable to WeQual at WeQual’s then current rate;
4.2.3 use the WeQual Awards as a means through which to recruit other participants in the event of which WeQual shall be entitled to receive its then current introducer’s fee from the Entrant.
4.3 If WeQual’s performance of its obligations is prevented or delayed by any act or omission of the Entrant, WeQual shall:
4.3.1 not be liable for any costs, charges or losses sustained or incurred by the Entrant that arise directly or indirectly from such prevention or delay;
4.3.2 be entitled to recover any additional costs, charges or losses WeQual sustains or incurs that arise directly or indirectly from such prevention or delay.
5. DATA PROTECTION
5.1 WeQual shall comply with all applicable requirements of the Data Protection Legislation.
5.2 Without prejudice to the generality of condition 5.1, WeQual shall, in relation to any Entrant Data processed in connection with the performance by WeQual of its obligations:
5.2.1 ensure that it has in place appropriate technical and organisational measures; and
5.2.2 ensure that all personnel who have access to and/or process Entrant Data are obliged to keep the Entrant Data confidential.
5.3 The Entrant hereby consents to WeQual’s use of the Entrant Data for the purposes of the WeQual Awards and warrants that WeQual’s use of the Entrant Materials in accordance with these Conditions shall not breach the rights of any third party.
5.4 The Entrant hereby acknowledges and consents to:
5.4.1 WeQual sharing anonymised information and/or data contained in and/or derived from the Entrant Data and/or the Entrant Materials with an external assessor; and
5.4.2 WeQual sharing Entrant Data and/or Entrant Materials (in each case in full) with an Executive Judge in the event that the Entrant successfully reaches the final stage of the relevant WeQual Awards provided always that the Executive Judge will have undertaken to maintain the confidentiality of such information and data; and
5.4.3 WeQual staff accessing and using Entrant Data and/or Entrant Materials for the purpose of the WeQual Awards (including without limitation any post event feedback).
6. INTELLECTUAL PROPERTY
6.1 WeQual and its licensors shall retain ownership of all WeQual’s IPRs. The Entrant shall not acquire any right to the WeQual IPRs save with WeQual’s prior written consent.
6.2 The Entrant shall retain ownership of all Intellectual Property Rights in the Entrant Materials.
6.3 The Entrant grants WeQual a fully paid-up, worldwide, non-exclusive, royalty-free, perpetual, non-transferable licence:
6.3.1 to use the Entrant Materials for the purpose of providing the WeQual Awards;
6.3.2 to promote the WeQual brand (including through the publication of papers, articles, broadcasts and press releases and publications).
6.4 The Entrant shall indemnify WeQual in full against any sums awarded by a court against WeQual arising of or in connection with any claim brought against WeQual for infringement of a third party’s rights (including any Intellectual Property Rights) arising out of, or in connection with, the receipt or use of the Entrant Materials by WeQual.
7. LIMITATION OF LIABILITY
7.1 Nothing in these Conditions limits any liability which cannot legally be limited, including but not limited to liability for:
7.1.1 death or personal injury caused by negligence;
7.1.2 fraud or fraudulent misrepresentation; and
7.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
7.2 Subject to condition 7.1, WeQual’s total liability to the Entrant shall be limited to £5,000.
7.3 Subject to condition 7.1, WeQual shall not in any event be liable for:
7.3.1 loss of profits;
7.3.2 loss of sales or business;
7.3.3 loss of agreements or contracts;
7.3.4 loss of anticipated savings;
7.3.5 loss of use or corruption of software, data or information;
7.3.6 loss of or damage to goodwill; and
7.3.7 indirect or consequential loss.
8. GENERAL
8.1 Force majeure. Neither party shall be liable for delay in performing, or failure to perform, any of its obligations if such delay or failure result from events, circumstances or causes beyond its reasonable control.
8.2 Assignment and other dealings.
8.2.1 The Entrant shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Conditions without WeQual’s prior written consent.
8.2.2 WeQual may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under these Conditions.
8.3 Confidentiality.
8.3.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any Entrant of the group to which the other party belongs, except as permitted by condition 8.3.
8.3.2 Each party may disclose the other party’s confidential information:
(a) to its employers, employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Conditions. Each party shall ensure that its employers, employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this condition 8.3; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
8.3.3 Neither party shall use any other party’s confidential information for any purpose other than to perform its obligations under these Conditions.
8.4 Entire agreement.
8.4.1 These Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
8.4.2 Each party acknowledges that it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions or expressly agreed in writing with reference to these Conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement.
8.5 Variation. No variation shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
8.6 Waiver.
8.6.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
8.6.2 A failure or delay by a party to exercise any right or remedy shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
8.7 Severance. If any provision or part-provision is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this condition 9.7 shall not affect the validity and enforceability of the remainder.
8.8 Notices.
8.8.1 Any notice or other communication given to a party shall be sent by email in the case of WeQual to awards@wequal.com and in the case of the Entrant to such email address as the Entrant provides on enrolling (or as subsequently nominated in writing by the Entrant to WeQual).
8.8.2 Any notice or communication shall be deemed to have been received, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this condition 8.8.2, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
8.8.3 This condition 8.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
8.9 Third party rights.
8.9.1 The agreement of the parties pursuant to these Conditions does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term herein.
8.9.2 The rights of the parties to rescind or vary these terms are not subject to the consent of any other person.
8.10 Governing law. These Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
8.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions their subject matter or formation.