Terms & Conditions
1 DEFINITIONS 1.1 In these Conditions: 1.1.1 “Additional Package” means a package which is not included in the Membership Fee and for which the Member must pay an additional charge; 1.1.2 “Air Member” means a Member of Amplify that has paid the relevant Membership Fee; 1.1.3 “Amplify” means the proprietary members club operated by NEC under the Amplify branding, the proprietor and sole manager of which is NEC; 1.1.4 “Club Plus Member” means a Member of Amplify that has paid the relevant Membership Fee; 1.1.5 “Conditions” means these terms and conditions of membership; 1.1.6 “Consumer” means any natural person who is acting for purposes which are outside his business; 1.1.7 “Corporate Club Member” means a corporate Member of Amplify that has paid the relevant Membership Fee; 1.1.8 "Event" means an event that is to take place at the Venue; 1.1.9 "Event Hours" means the period from the Event opening time until the Event closing time as NEC will inform the Member on an Event-by-Event basis; 1.1.10 "Hospitality Areas" means the hospitality areas at the Venue that NEC grants access to as part of a Package as NEC will inform the Member on an Event-by-Event basis; 1.1.11 “Member” means the Air Member, Corporate Club Member, Personal Club Member or Club Plus Member (as applicable); 1.1.12 "Membership Fee" means the relevant membership fee payable by the Member to NEC for membership of Amplify; 1.1.13 “NEC” has the meaning given to it in Condition 3.1; 1.1.14 “Package” means a hospitality package for an Event for one individual, which will include such complimentary catering and/or drinks as NEC will inform the Member on an Event-by-Event basis; 1.1.15 “Personal Club Member” means an individual Member of Amplify that has paid the relevant Membership Fee; and 1.1.16 "Venue" means the venue at which the Event is to take place, which may be the National Exhibition Centre, the Genting Arena, the Arena Birmingham, the International Convention Centre or such other venue as we may inform you on an Event-by-Event basis.
2 THESE TERMS 2.1 These are the terms and conditions on which we offer membership of Amplify to you. 2.2 Please read these terms carefully before you submit your request for membership of Amplify. These terms tell you who we are, how we will provide, how you and we may end your membership, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss.
3 INFORMATION ABOUT US 3.1 We are The National Exhibition Centre Limited, a company registered in England and Wales (company number 979395) with its registered office at The National Exhibition Centre, Birmingham, B40 1NT (“NEC”) (trading as Amplify). Our registered VAT number is 979395. 3.2 You can contact us by telephoning us at 0844 338 0333 or by writing to us at [email protected] or Amplify, Gallery Offices, Arena Birmingham, King Edward’s Road, Birmingham, B1 2AA. 3.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your membership application.
4 MEMBERSHIP 4.1 You agree to be bound by and to act in accordance with these Conditions, including, without limitation, the obligation to pay the relevant Membership Fee. 4.2 When we have received the relevant Membership Fee, we will notify you in writing that you are a Member (the “Notification”). We reserve the right at our absolute discretion to reject any application for membership of Amplify and refund any Membership Fee paid to us pursuant to any such rejected application. 4.3 Membership of Amplify will run from the time you receive the Notification (the “Membership Commencement Date”) and, subject to earlier termination in accordance with these Conditions, your membership of Amplify will continue for a period of one (1) year. 4.4 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems capabilities. We will give you reasonable prior notice of any changes to these Conditions and you may then, if you so desire, contact us to cancel your Membership.
5 CONSUMER RIGHTS 5.1 Subject to Condition 5.2, if you are contracting as a Consumer, you may cancel your Amplify membership at any time within fourteen (14) calendar days of the Membership Commencement Date (the “Cooling-Off Period”). 5.2 We will not provide any services to you, in relation to your Amplify membership, during the Cooling-Off Period, unless specifically requested to do so by you. 5.3 If you change your mind and inform us that you would like to cancel your Amplify membership during the Cooling-Off Period, and: 5.3.1 have not booked any Packages, you will receive a full refund of the Membership Fee; 5.3.2 have booked and attended any Packages, you will receive a refund of the relevant Membership Fee less an amount for the supply of services relating to the Packages booked and attended for the period up to the time you inform us that you want to cancel your Amplify membership, such amount being in proportion to what has been supplied to you by us, in comparison with the Membership Fee; or 5.3.3 have booked future Packages scheduled for outside of the Cooling-Off Period, you will receive a refund of the relevant Membership Fee and we may also cancel the individual Packages booked, in which case you will also receive a refund of the value of the Packages. 5.4 To cancel your Amplify Membership you must inform us in writing, prior to the expiry of the Cooling-Off Period. This provision does not affect your other statutory rights as a Consumer. 5.5 If you submit a valid cancellation request pursuant to Condition 5.4, we will reimburse the Membership Fee subject to any applicable deductions calculated in accordance with Condition 5.3, within 14 days of the day on which we are informed about your decision to cancel, using (i) the same method of payment used to pay the Membership Fee; or (ii) a cheque, if it is not possible to make the refund in accordance with Condition 5.5(i).
6 MEMBERS' OBLIGATIONS 6.1 In order to book a Package, you must either contact us by telephone or by email or alternatively use the online booking facility on the Amplify website. You must use the details provided by us in any Event notification issued pursuant to Condition 7.2.1 when booking a Package. You must use your unique membership identification number when booking Packages. You acknowledge and agree that we may impose additional terms and conditions to these Conditions on bookings and attendance at Events. You will be informed of any such additional terms and conditions by us in advance of the applicable Event. 6.2 You acknowledge and agree that you will, and will procure that your guests will, adhere to any rules and regulations referred to on any tickets or other documentation issued as part of any Package, including, without limitation, those rules and regulations established by us for the health, safety, comfort and benefit of all persons at an Event and any statutory regulations from time to time in force. 6.3 You acknowledge and agree that we may place restrictions on the age of persons allowed to attend any Event or be granted access to any Hospitality Areas. We will inform you of any such restrictions on an Event-by-Event basis.
7 MEMBERS' BENEFITS 7.1 As a Member, you shall be entitled to receive the benefits applicable to your relevant membership level, as set out here. 7.2 In addition to the benefits enjoyed pursuant to Condition 7.1, as a Member: 7.2.1 we will provide you with advance notification of any Event at which we will be offering Packages prior to tickets for that Event going on general public sale; 7.2.2 you will be entitled to book Packages for an Event (subject to the terms and conditions of The Ticket Factory, a copy of which can be located here) for a specified period (as we will inform you on an Event-by-Event basis) subject to availability prior to such Packages going on general public sale; and 7.2.3 if you purchase a Package you will be entitled to use: a) such particular Venue entrance as designated by us from time to time for use by Members; b) the Hospitality Areas (on a non-exclusive basis) during the Event Hours; and c) such car park areas as designated by us from time to time for use by Members for such period as we will inform you on an Event-by-Event basis. You will be entitled to use one (1) car park space per two (2) Packages purchased for each Event.
8 CANCELLATION OF EVENTS 8.1 If an Event is cancelled then the Package will be withdrawn and: 8.1.1 if the Event is re-scheduled, you will be entitled to transfer the Package to the re-scheduled date; or 8.1.2 where the Event is not rescheduled or you choose not to transfer the Package to the re-scheduled date, we will refund you that part of the Package price as you have paid to us.
9 TERMINATION OF MEMBERSHIP 9.1 Without prejudice to any other rights or remedies available to us, we may terminate your membership of Amplify without liability immediately on giving notice to you if you: 9.1.1 commit a material breach of any of these Conditions and (if such a breach is remediable) fails to remedy that breach within fourteen (14) days of the Member being notified in writing of the breach; 9.1.2 repeatedly breach any of these Conditions in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to these Conditions; or 9.1.3 commit or are otherwise involved with abusive, threatening, drunken or other anti-social behaviour at the event, or are found to be carrying offensive weapons or illegal or prohibited substances. 9.2 If your membership to Amplify is terminated pursuant to Condition 9.1, you will not be entitled to any refund of the Membership Fee. 9.3 You may resign your membership of Amplify at any time by notice to us, but you will not be entitled to any refund of the Membership Fee.
10 LIABILITY 10.1 If you are contracting as a business, the following provisions shall apply: 10.1.1 Nothing in these Conditions excludes or limits our liability for: a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; b) fraud or fraudulent misrepresentation; c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (the “Implied Terms”) or such other legislation as may replace or supersede the Implied Terms from time to time; or d) any other matter for which it would be illegal or unlawful for us to exclude or limit our liability to you. 10.1.2 Subject to Condition 10.1.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Conditions for: a) loss of profits; b) loss of sales or business; c) loss of agreements or contracts; d) loss of anticipated savings; e) loss of use or corruption of software, data or information; f) loss of or damage to goodwill; and g) any indirect or consequential loss. 10.1.3 Subject to Conditions 10.1.1 and 10.1.2, our total liability to you in respect of all other losses arising under or in connection with these Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total Membership Fee which you have paid to us. 10.1.4 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Conditions. 10.2 If you are contracting as a consumer, the following provisions shall apply: 10.2.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Membership Commencement Date, both we and you knew it might happen. 10.2.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to your membership including the right to receive the membership described to you, in accordance with any information provided to you by the us and such membership being supplied with reasonable skill and care. 10.2.3 We only supply the membership for domestic and private use. If you use the membership for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 10.3 If you are contracting as a business or a consumer and subject to Conditions 10.1 or 10.2 (as the case may be), we will not be liable for any personal travel or accommodation arrangements and/or expenses made relating to an Event or the cancellation of an Event. 10.4 This Condition 10 shall survive termination of these Conditions.
11 GENERAL 11.1 Provided you agree to such use during the order process, we may use any personal data provided by you to contact you with information about similar goods and services that we consider may be of interest to you, but you may tell us at any time that you no longer want to receive this information. 11.2 We have no liability to you under these Conditions if we are prevented from, or delayed in performing, our obligations under these Conditions or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, health pandemic or default of suppliers or subcontractors. 11.3 If we fail, at any time while these Conditions are in force, to insist that you perform any of your obligations under these Conditions, or if we do not exercise any of the rights or remedies available to us under these Conditions, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing. 11.4 Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law. 11.5 If any court or competent authority decides that any of the provisions of these Conditions are invalid, unlawful or unenforceable to any extent, the Condition will, to that extent only, be severed from the remaining Conditions, which will continue to be valid to the fullest extent permitted by law. 11.6 These Conditions constitute the whole agreement between us and supersede all previous agreements between us relating to their subject matter. 11.7 You will not, without our prior written consent, assign, transfer, charge, mortgage, subcontract or deal in any manner with all or any of your rights or obligations under these Conditions. 11.8 Nothing in these Conditions is intended to, or will be deemed to, constitute a partnership or joint venture of any kind between us, nor constitute either of us acting as agent of the other for any purpose. 11.9 Save for the Notification,, any notice required to be given under these Conditions will be in writing and will be delivered personally, or sent by pre-paid first-class post or recorded delivery to us or you (as applicable) and, if sent to us, will be marked for the attention of the Company Secretary. Any notice will be deemed to have been duly received if delivered personally, when left at the address, and if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting. This Condition 11.9 will not apply to the service of any in any proceedings or other documents in any legal action. 11.10 The agreement between us is binding on us and on our respective successors and assignees. You may not transfer assign, charge or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of the Agreement, or any of our rights or obligations arising under it at any time during the term of the Agreement. 11.11 These Conditions, their subject matter and formation (and any non-contractual disputes or claims arising out of or in connection with them) shall be governed by English law and we both agree to the exclusive jurisdiction of the English courts.