Terms and Conditions
Standard Conditions of Business – Global Alliance of FM Innovators, SL
Introduction to Terms and Conditions
These terms and conditions apply between all users of this website (including but not limited to members), and Global Alliance of FM Innovators, SL, the owner of this website. Additionally, these terms and conditions apply to the use of and (where applicable) purchase of Global Alliance of FM Innovators, SL products and services, including but not limited to membership subscriptions and events. Please read these terms and conditions carefully, as they affect your legal rights.
- Acceptance of Terms
1.1 Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. By using the website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the Global Alliance of FM Innovators, SL website or services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the website for any purpose that is unlawful or prohibited by these terms and conditions. By using the website, you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.
1.2 Global Alliance of FM Innovators, SL reserves the right to change these terms and conditions without notice, and users agree to be bound by such changes. It is the responsibility of users to check these Terms and Conditions regularly for any changes.
1.3 If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
- Definitions and interpretations
2.1 Throughout this terms and conditions, the following words will have the following meanings set against them:
- “Global Alliance of FM Innovators, SL” is the company submitting this document, established at the following address: (street and number) Calle Albasanza, 76 (postal code) 28037 (city) Madrid, (country) Spain – VAT number: B-87965505
- “Attendee” : any person attending an Event in person or who has access to an online Event;
- “content” : any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website;
- “Event” : any live event hosted by Global Alliance of FM Innovators, SL, including but not limited to any training, seminar, webinar, workshop, conferences, summits and awards event as the same may be attended in person or as an online Event;
- “Member(s)” : users who have an active subscription to a membership product;
- “membership product(s)” : services and content offered to members in a subscription package upon registering as a Member depending on the specific membership tier that they have purchased;
- “membership” : a members subscription package to a membership product;
- “online Event” : an Event at which Attendees do not attend in person, but are given access to a virtual Event online via various interactive tools, including live and on-demand video streaming, web conferencing and online training courses;
- “Partner” : third parties (who may or may not be members or users) who have licensed third party content to Global Alliance of FM Innovators, SL
- “Partner Download(s)” : third party content created by partners and which has been uploaded to the website and made available to users on terms as specified on the relevant part of the website;
- “services” : collectively or individually as appropriate, any product or service provided by Global Alliance of FM Innovators, SL including but not limited to any services listed on the website, reports, advertising, products, membership products and events;
- “Subscriber” : the individual or company that orders an annual subscription product;
- “user”, “users”, “you” : Any and all persons who access the site and services provided by Global Alliance of FM Innovators, SL, including but not limited to members;
- “website”: the website owned by Global Alliance of FM Innovators, SL with the url: www.fminnovators.org and any sub-domains of this site, unless expressly excluded by their own terms and conditions.
2.2 In these terms and conditions, unless the context requires a different interpretation:
- the singular includes the plural and vice versa;
- references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- ‘including’ is understood to mean ‘including without limitation’;
- reference to any statutory provision includes any modification or amendment of it;
- Intellectual property and acceptable use of content
3.1 content is available via Global Alliance of FM Innovators, SL and this website on a free of charge basis and in consideration for a specified payment, as part of a membership subscription and content included within the various products.
3.2 All content included on the website, unless uploaded by users, members or partners or as stated otherwise, is the property of Global Alliance of FM Innovators, SL our affiliates, licensees or other relevant third parties. By continuing to use the website users acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
3.3 Subject to clause 6, Global Alliance of FM Innovators, SL hereby grants to the user a non-exclusive worldwide licence for the duration of the membership or in the case of a user who is not a Member, until Global Alliance of FM Innovators, SL may choose to revoke such licence, to download, store, use, reproduce, transmit, display, copy, and provide access to content in accordance with the terms of the membership (where applicable) and at all times only for the user’s own information purposes and for the avoidance of doubt, not for any commercial or business purposes.
3.4 Confidential Information. Certain Global Alliance of FM Innovators content may be marked “Confidential” or “Proprietary.” In that event, member agrees to maintain the confidentiality of such content and not disclose or make it available to any third parties.
3.5 Notwithstanding any other rights or remedies available to it, Global Alliance of FM Innovators, SL shall have the right to terminate any licence granted to any user, to terminate any membership (where applicable) or block a user from the website in the event of any breach by such user of any of the terms and conditions of this licence. Without prejudice to any rights granted herein, Global Alliance of FM Innovators, SL reserves the right to amend, edit or abbreviate or take down any content at our discretion.
3.6 Notwithstanding the above, were a user is paying for additional premium content (by way of example, for Reports and/or as part of a membership subscription) (“Pre-Paid content”) such users acknowledge that their access to such Pre-Paid content is conditional upon payment in accordance with the payment methods set out on the website before access to such Pre-Paid content is permitted, and no licence shall be granted until payment has been received in full for the relevant Pre-Paid content. For the avoidance of doubt, all one off fees payable for Reports shall be non-refundable, and the period of the licence granted in such content may only subsist for the duration of a users membership subscription.
- Contributions to Global Alliance of FM Innovators
Members may contribute to Global Alliance of FM Innovators content, in various forms including, but not limited to, submitting ideas, posting content at various places on the site via blogs, on the fòrums and comments sections, participating in committees, and making presentations. Member hereby fully and irrevocably grants, assigns and conveys perpetually to Global Alliance of FM Innovators all right, title and interest worldwide in and to all content conceived, reduced to practice, authored, developed or delivered by member, member’s officers, directors, employees, agents and independent contractors acting on member’s behalf, either solely or jointly with others, including, but not limited to:
- (i) any content expressly labeled as “content” or provided with an express statement that it is a contribution to Global Alliance of FM Innovators;
- (ii) any content provided to Global Alliance of FM Innovators to be included in Global Alliance of FM Innovators standards, specifications, policies, guidance, reports, analyses, procedures that are published by the Global Alliance of FM Innovators or as part of a larger compilation or identified as a Global Alliance of FM Innovators publication, whether in written or electronic form;
- or (iii) any content that is developed in connection with member’s membership in Global Alliance of FM Innovators, developed in connection with member’s participation in a Global Alliance of FM Innovators working group or committee, or developed by member in connection with member making a presentation at a Global Alliance of FM Innovators event.
For purposes of this provision, “content” means images, text, written works, standards, designs, graphics, pictures, business and product names, domain names, corporate names, logos, slogans, inventions (whether or not patentable), processes, formulae, industrial models, specifications, data, databases and data collections, technology, methodologies, computer programs (including all source codes, object codes, firmware, software, development tools, files, records and data and improvements thereof), software and any and all other copyrightable material.
content shall be the exclusive property of Global Alliance of FM Innovators (becoming Global Alliance of FM Innovators content) and Global Alliance of FM Innovators shall have the right to use the content, or any part or parts thereof, as it sees fit. Member will not seek, and will require its officers, directors, employees, agents and independent contractors acting on its behalf, not to seek, patent, copyright, trademark, registered design or other protection for any rights in any such content. Member agrees that it shall require its personnel, at Global Alliance of FM Innovators’s expense, to take any actions and execute all documents as Global Alliance of FM Innovators may reasonably require to vest in Global Alliance of FM Innovators or its nominees the rights referred to herein and to secure for Global Alliance of FM Innovators or its nominees all right, title and interest in and to the content.
- Use of members’ logo
Members grant Global Alliance of FM Innovators, SL the right to use the members’ logo on its website(s) during the duration of the membership.
- Prohibited use of the site by users
6.1 Global Alliance of FM Innovators, SL has the right to reject any member that it esteems not appropriate for any reason, even after payment. In this case, the last payment will be returned as soon as possible.
6.2 Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell, publish, distribute, provide access to content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in content, to any other person, commercially exploit or use content for any unlawful purpose.
6.3 With regard the uploading, or posting of user generated content, and use of the site more generally, users may not use the website for any of the following purposes:
- in any way which causes, or may cause, damage to the website or interferes with any other person’s use or enjoyment of the website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
- Availability of the website and Disclaimers
7.1 The website and services are provided “as is” and on an “as available” basis. Global Alliance of FM Innovators, SL gives no warranty that the website or services will be free of defects and/or faults. To the maximum extent permitted by the law, Global Alliance of FM Innovators, SL provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Global Alliance of FM Innovators, SL is under no obligation to update information on the website.
7.2 Whilst Global Alliance of FM Innovators, SL uses reasonable endeavours to ensure that the website is secure and free of errors, viruses and other malware, Global Alliance of FM Innovators, SL gives no warranty or guarantee in that regard and all users take responsibility for their own security, that of their personal details and their computers.
7.3 Global Alliance of FM Innovators, SL accepts no liability for any disruption or non-availability of the website.
7.4 Global Alliance of FM Innovators, SL reserves the right to alter, suspend or discontinue any part (or the whole of) the website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the website unless it is expressly stated otherwise.
- Limitation of Liability
8.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
8.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
8.3 To the maximum extent permitted by law, Global Alliance of FM Innovators, SL accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
- Website content and services
9.1 Except as otherwise expressly agreed to by Global Alliance of FM Innovators, SL in writing, information regarding Global Alliance of FM Innovators, SL’s products and services is subject to change without notice.
9.2 Information about Global Alliance of FM Innovators, SL’s products and services made available on and/or through this website shall not constitute a representation, warranty or other commitment by Global Alliance of FM Innovators, SL with respect to any product or service unless otherwise expressly agreed to by Global Alliance of FM Innovators, SL in writing.
9.3 Without limiting the generality of the foregoing, Global Alliance of FM Innovators, SL hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.
- Third party content
10.1 This website makes available certain content that has not been created by Global Alliance of FM Innovators, SL either via hyperlinks which may take users to websites not controlled or maintained by Global Alliance of FM Innovators, SL, or as hosted via the website whether or not such content is available free of charge, to members only or for a fee, for example partner downloads, member profiles and other materials posted by other users on the website blogs and forums (“third party content”) .
10.2 Any copying, distribution, reproduction, retransmission, or modification of any of the third party content or any information or materials appearing in such third party content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such third party content.
10.3 third party content is not the responsibility of Global Alliance of FM Innovators, SL, and users acknowledge and confirm that Global Alliance of FM Innovators, SL has no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such third party content and furthermore Global Alliance of FM Innovators, SL cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided. Nothing contained within third party content necessarily represents the point of view of Global Alliance of FM Innovators, SL.
10.4 Global Alliance of FM Innovators, SL cannot and does not confirm each user’s identity, whether or not they are a Member. Global Alliance of FM Innovators, SL allows members to give access to information about themselves to other members but does not control the information provided by users or members.
10.5 In the event that you have a dispute or issue with one or more of the other users, you agree to unconditionally release Global Alliance of FM Innovators, SL (and our officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Users may become Global Alliance of FM Innovators, SL members so that they gain access to content (including third party content) and Global Alliance of FM Innovators, SL services in accordance with the various membership tiers as defined on the FM Innovators’ website (as updated from time to time), in consideration for such fees (where applicable) as specified therein and agreement from users to participate as a Member.
Global Alliance of FM Innovators, SL has the right to reject any member that it esteems not appropriate for any reason, even after payment. In this case, the last payment will be returned as soon as possible.
- Global Alliance of FM Innovators, SL Trademark Use & Conditions
12.1 Global Alliance of FM Innovators, SL is the owner of the marks (as hereinafter defined) and desires to allow member to utilize the marks only in accordance with the terms and conditions set forth herein. “marks” shall include the name “Global Alliance of FM Innovators, SL” and any and all related designs and logos and any modifications or derivations thereof.
12.2 Global Alliance of FM Innovators, SL grants to member the non-exclusive, revocable right to use the marks on member’s presentations, web site, correspondence, business cards and other documents or media, solely for the purpose of identifying itself as a member of Global Alliance of FM Innovators, SL. Member shall not use the marks for any other purpose.
12.3 Any reference by member to the Global Alliance of FM Innovators, SL site, including but not limited to www.fminnovators.org and www.buildings4people.com, shall include a link to such website and any reference by member to statistics, reports or other materials produced and/or owned by Global Alliance of FM Innovators, SL shall include a reference to any and all of Global Alliance of FM Innovators, SL’s copyright or other ownership interest in the same.
12.4 Member shall not have the right to sublicense, authorize or enter into agreements with other persons, firms, entities or corporations granting to any of them the right to use the marks or any other property owned by Global Alliance of FM Innovators, SL.
12.5 Unless terminated as provided below, member’s right to use the marks in accordance herewith shall terminate upon termination of member’s membership in Global Alliance of FM Innovators, SL for whatever reason.
12.6 Member’s right to use the marks in accordance herewith may be terminated by Global Alliance of FM Innovators, SL in the event Global Alliance of FM Innovators, SL determines, in its sole and absolute discretion, that member has failed to comply with the terms and conditions set forth herein. In the event of termination, member shall discontinue use of the marks within three (3) days of the date of such termination.
12.7 Member acknowledges and agrees that Global Alliance of FM Innovators, SL is the sole owner of the marks and member is estopped from claiming any ownership rights in the marks or otherwise use any trademarks or service marks that are the same or similar to the marks.
12.8 In the event member becomes aware of (i) any use by third parties that infringes on the marks, or (ii) any claims by third parties against member’s use of the marks, member shall notify Global Alliance of FM Innovators, SL of such infringement, claim, suit or demand.
12.9 Member agrees to defend, indemnify and hold Global Alliance of FM Innovators, SL, its officers, directors, employees, agents, representatives, successors and assigns, harmless against all losses, damages or expenses of whatever form or nature, including reasonable attorney’s fees and other costs of legal defense, whether direct or indirect, which they, or any of them, may sustain or incur as a result of member’s use of the marks.
12.10 If any legal action is initiated by either Member or Global Alliance of FM Innovators, SL related to member’s use of the marks, the prevailing party shall be entitled to recover from the other party reasonable costs and attorneys’ fees in addition to any other relief that may be awarded.
- Events: Training, Seminars, Conference and Awards
The booking and attendance at all events shall be subject to the following:
13.1 Payment Policy: Where payment is required to attend an event, this must be made before the date of the event.
13.2 Attendee Substitutions: Entry to events is permitted only to named individuals who have booked such entry. Should an Attendee wish to nominate someone else to attend in their place, they must contact Global Alliance of FM Innovators, SL at least 48 hours prior to the commencement of the Event, or such other time as is reasonable in the circumstances. For the avoidance of doubt, should you nominate an alternative Attendee, you warrant and confirm that they will agree to the terms and conditions herein, or you shall remain primarily liable for such substitution Attendee.
13.3 Changes to events: Global Alliance of FM Innovators, SL, aims to deliver high quality events. However, it may become necessary to alter and/or change certain elements including by way of example the choice of speakers, venue, date and timings, although this list is illustrative and shall not be deemed to be exhaustive. Global Alliance of FM Innovators, SL shall, where reasonable and possible to do so, make such reasonable changes to events if necessary, and shall inform Attendees of any such relevant changes in a reasonable time before the relevant Event. For the avoidance of doubt, Global Alliance of FM Innovators, SL shall not be in breach of contract if such changes are necessary, and Attendees shall not be permitted to obtain a refund of any fees payable.
13.4 Online events
- Global Alliance of FM Innovators, SL may require that Attendees access online events via a third party website channels such as (although this is subject to change) www.zoom.com, eventbrite.com, www.brighttalk.comand http://www.citrix.com/ (“Channel”). Attendees acknowledge and confirm that such access may require Attendees to be subject to any terms and conditions required by the owner of such third party Channel (“Channel Owner”) including any registration requirements, and their privacy policies.
- Global Alliance of FM Innovators, SL accepts no liability for any error, fault, or interruption in the service of any Channel or Channel Owner.
- For the purpose of this agreement, “Event Sponsor” means any third party who sponsors an Event in exchange for brand promotion, thought leadership opportunities, and the leads generated from the Event audience where aplicable.
13.5 For the avoidance of doubt, no liability is accepted on the part of Global Alliance of FM Innovators, SL for any statements or opinions expressed (whether by Attendees, or speakers, or otherwise) at events.
- Pricing and Payment
14.1 Prices for any of Global Alliance of FM Innovators, SL services or products are subject to change without prior notice. Global Alliance of FM Innovators, SL aim to regularly update all publicly available sources of price information via the website to ensure that you have accurate information available to you when you order.
The description and price of any service purchased will be at point of payment if purchased online.
14.2 Online Payment Center Terms and Conditions. By accessing or using Global Alliance of FM Innovators’s online payment service, member agrees to be bound by all applicable terms and conditions. Global Alliance of FM Innovators may modify the terms and conditions at any time, with or without notice.
The Global Alliance of FM Innovators online payment service is provided to member to facilitate payment of dues, sponsorships and other products and services. Member will receive a confirmation once payment has been received. Stripe, a third party service, processes payments.
Global Alliance of FM Innovators will not be liable for any deficiencies in the accuracy, completeness, availability, privacy, security or timeliness of payment information sent via this online payment service. Global Alliance of FM Innovators will not be liable for any damages of any kind arising from the use of this online payment site, including, but not limited to, direct, indirect, incidental, consequential, exemplary, and punitive damages. Global Alliance of FM Innovators will not be liable for any breach of member’s personal or credit card information resulting from the interception of such information during its transmission to Global Alliance of FM Innovators. Member expressly agrees that its use of this service is at member’s sole risk. Member agrees that it will not intentionally provide false information when accessing or using the Global Alliance of FM Innovators’s online payment service.
Global Alliance of FM Innovators is committed to member’s privacy and will not distribute information sent via this service to third parties. Global Alliance of FM Innovators’s finance and membership departments alone have access to data collected and will not store any personally identifiable information, including credit card information.
14.3 Recurring Payment Authorization (Credit Card/Debit Card). By applying for recurring payments, member accepts these terms and conditions authorizing Global Alliance of FM Innovators to charge the credit card or debit the debit card account that member has specified in the amount of the balance due as part of Member’s Global Alliance of FM Innovators membership. Member agrees that the payment card specified by member for automatic bill payments to Global Alliance of FM Innovators is, and will continue to be, an account that member owns, and that member will maintain sufficient availability under member’s credit card limit, or sufficient funds in the account linked to member’s debit card, as applicable, to pay Member’s Global Alliance of FM Innovators bill. The automatic charge to member’s credit card or debit to member’s debit card account will occur on or after the first day of the applicable month.
These terms and conditions will constitute member’s copy of member’s recurring payment authorization to Global Alliance of FM Innovators. Member should print and retain a copy of this recurring payment authorization for member’s records.
14.4 Recurring Payment Authorization Cancellation. Member may cancel its recurring payment authorization to Global Alliance of FM Innovators at any time. However, member acknowledges and agrees that it must pay in total any remaining balance of member’s membership fees for Member’s Initial Term or any Renewal Term via check or wire transfer at time of such cancellation. If Global Alliance of FM Innovators does not receive full payment within five (5) business days of such cancellation, member hereby authorizes Global Alliance of FM Innovators to charge member’s credit card or debit Member’s debit card account in the amount of the remaining balance of member’s membership.
15.1 Dependence on Global Alliance of FM Innovators, SL services: The contents of any of Global Alliance of FM Innovators, SL services or the website do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action. Under no circumstances shall Global Alliance of FM Innovators, SL be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the website or services. You agree to indemnify Global Alliance of FM Innovators, SL against any actions, claims, proceedings, or liabilities arising from your use of the website or services.
15.3 Force Majeure: If by reason of labour dispute, strikes, inability to obtain labour or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such Global Alliance of FM Innovators, SL is unable to perform in whole or in part its obligations set forth in these terms, then Global Alliance of FM Innovators, SL shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make Global Alliance of FM Innovators, SL liable to any other party.
15.4 Users may not transfer any of their rights under these terms and conditions to any other person. Global Alliance of FM Innovators, SL may transfer their rights under these terms and conditions where Global Alliance of FM Innovators, SL reasonably believes users rights will not be affected.
15.5 These terms and conditions may be varied by Global Alliance of FM Innovators, SL from time to time. Such revised terms will apply from the date of publication. users should check the terms and conditions regularly to ensure familiarity with the then current version.
15.6 These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
15.7 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
15.8 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
15.9 Governing Law and Jurisdiction We control and operate the Global Alliance of FM Innovators, SL and its websites from our offices in Spain. The laws of Spain govern these membership terms, and we all submit to the jurisdiction of the courts there.