FIDIC Bookshop and Events - Terms and Conditions
1. About These Terms and Conditions
1.1 In these terms and conditions "we" and "us" means FIDIC, and "you" means you the Customer. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order constitute the Contract between us and you for the supply of Products. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
1.2 By accessing or using the FIDIC website you agree to be bound by the terms and conditions below. See also FIDIC Website Terms and Conditions
1.3 In these Conditions:
1.3.1 Words importing the singular shall include the plural and vice versa, words importing a gender shall include all genders, and words importing persons shall include bodies corporate, unincorporated associations and partnerships.
1.3.2 Any reference to a statute, statutory provision or subordinate legislation is a reference to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation.
1.3.3 Any reference to a Condition is to a condition in these Conditions; and
1.3.4 Headings are included for ease of reference only and shall not affect the interpretation or construction of these Conditions.
1.4 General
1.4.1 Our failure to enforce any term of the Contract does not constitute a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
1.4.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
2. Data Protection and Privacy Policy
2.1 We understand the importance of maintaining and protecting your privacy. When you place an Order, we need to know certain vital information about you to process your Order.
2.2 All your personal information that we may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.
2.3 For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, please refer to Our Privacy and Cookie Policy
3. Intellectual Property, Copyright and Trademarks
3.1 Title to, and all Intellectual Property Rights in our contracts, Products, website, software, and any materials and documentation relating to the provision of these Services remain the property of FIDIC and its successors and permitted assigns.
3.2 'FIDIC', is a trademark of FIDIC. “FIDIC” is trademark including when it is used in conjunction with other FIDIC Products and Services. 'FIDIC', is a trademark in many countries.
3.3 The sole copyright owner of FIDIC documents is FIDIC, unless otherwise indicated on the document. All rights are reserved for the creation, use and updates of any information or material produced by FIDIC shall be subject to its sole direction and control.
3.4 No part of FIDIC document may be shared, reproduced, distributed, translated, adapted, copied, quoted, transferred, presented, broadcasted, retransmitted, stored in a retrieval system or communicated, in any form or by any means, mechanical, electronic, magnetic, photocopying, recording or otherwise, without prior written permission from FIDIC.
3.5 FIDIC document users, including users of the FIDIC Electronic or Hard Copy Products are reminded to comply with FIDIC Intellectual Property, Copyright and Trademark Policy
3.6 Nothing in these terms constitutes a transfer of any Intellectual Property Rights from us to you. By providing or selling the document or Services we do not transfer any Intellectual Property Rights to you or waive any of our rights.
3.7 By supplying publications, FIDIC does not grant any Intellectual Property Rights. The purchase or supply of a FIDIC publication, including forms for completion by a purchaser or authorised user, does not confer author’s rights under any circumstances.
3.8 Our Intellectual Property Rights must not be used in connection with a Product or Service that is not affiliated with us or in any way brings us in disrepute.
3.9 You must not modify the physical or digital copies of any content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
3.10 Infringement of FIDIC copyright may result in legal action.
4. Indemnity
4.1 You shall indemnify, defend and hold FIDIC harmless, against any third- party claim, suit, action, or proceedings howsoever arising, directly or indirectly, brought against FIDIC (and Our officers, directors, employees, agents, service providers, licensors, and affiliates) based upon or arising out of (a) Your use of FIDIC website (b) Your use of Products or Services; (c) Your misuse, non-compliance with or breach of any of the terms, Conditions, obligations, undertakings or warranties set out in this website Terms and Conditions, or (d) Your use of Third-Party Products or Services. You will indemnify FIDIC for any and all costs, damages, settlements, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees and court costs) of any kind whatsoever to the extent arising out of any action by a third party.
5. Placing Your Order
5.1 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and Conditions. We may or may not accept your offer at our discretion. If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by email or telephone.
5.2 If we cannot accept your Order, we will contact you by email or telephone.
5.3 Information contained on the FIDIC website constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products.
5.4 FIDIC reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute concerning payment of a previous Order.
6. Supply of Products/Availability
6.1 Subject to these terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
6.2 Our offer of Products and prices are valid for as long as they appear on the site. We will supply goods ordered depending on the availability of stocks. Details of the availability of a Product are given at the time of ordering.
6.3 Should a title be unavailable; you will be invited to submit your e-mail address so that we can send you an electronic message advising you when the Product becomes available following a reprint or re-publication.
6.4 Should a title become unavailable following your Order, we will inform you by e-mail or telephone as soon as possible.
6.5 If you have paid by bank transfer and all or part of your Order proves unavailable, your money will be reimbursed as soon as possible.
7. Force Majeure
7.1 We will not be liable for any loss or damage suffered or incurred by you arising from our delay in fulfilling or failure to fulfil or otherwise discharge any of our obligations under the Contract, to the extent that such delay or failure is caused by any circumstance beyond our reasonable control.
8. Prices
8.1 The prices for the Products will be the prices indicated on the FIDIC website which are subject to change.
8.2 The prices quoted in the FIDIC bookshop are in Euros (EUR) excluding carriage, packing and Order processing costs. They are subject to change without notice.
8.3 The prices of FIDIC Products do not include duties and taxes.
8.4 The Customer or purchaser is responsible for all duties, taxes and custom fees.
9. Tax Status
9.1 FIDIC headquarters is located in Geneva and registered with the Republic and Canton of Geneva, Switzerland for tax purposes. The registration number for tax purposes is 080.335.016. The Commerce registration number is CH-020.6.900.135-8. The federation is subject to cantonal (Canton of Geneva), communal (Commune of Meyrin) and Swiss federal income tax on net profit, and for cantonal and communal tax on capital gains. FIDIC is registered for VAT (Value Added Tax) as No. CHE-106.032.602 VAT.
9.2 The related tax certificate can be downloaded here.
10. Payment
10.1 Payment is due at the time you place an Order. Payments can be made:
10.1.1 a) by Credit card: Eurocard/Mastercard, Visa.
10.1.2 b) by Bank transfer: (payable immediately and within 30 days of the invoice date)
10.1.3 payable to FIDIC, Account No. 274644-02-1, Credit Suisse, Paradeplatz 8, Box 590, CH-8021 Zurich. Clearing No. 4835; Sort Code: 80.500.4; SWIFT:CRESCHZZ80A; IBAN: CH24-0483-5027-4644-0200-1
10.1.4 The Order/invoice number must be specified in the bank transfer form to avoid delays in the Order processing.
10.1.5 Please note that bank transfers may take 1 to 3 days to be effective. Bank transfer fees must be solely borne by the Customer.
10.2 FIDIC reserves the right not to dispatch the Order until full payment has been received.
10.3 The facility provided on this site for electronic payment by credit card is fully secure due to data encryption using SSL (Secure Socket Layer) protocol. The data transmitted is encoded and may not be read in transit on the Internet.
FIDIC CONTRACTS, DOCUMENTS AND BOOKS
11. Delivery
11.1 Delivery of Products, FIDIC contracts, documents and books in hard copies will be made to the address given when you Order. Please include your correct and complete shipping address.
11.2 We use the fastest means possible to deliver your Products to you. Delivery times range from 3 to 28 Working Days of the date of Order, depending on your location. We will advise you of the expected delivery times when you place your Order. In many cases. the Order time will be quicker than these minimum service levels.
11.3 If your Order is placed after 16.00 pm (CET Time) it will be processed the following day.
11.4 If your Order is placed over the weekend or during a public holiday, it will be processed the next Working Day.
11.5 FIDIC may not be held responsible for any consequences of a delay in delivery, particularly in the event of a Force Majeure, computer breakdown, custom delays and disruption or strikes affecting postal services, transport, or communications.
12. Returns
12.1 Before you finalise or complete your purchase, please carefully review whether the particular Product under consideration will meet your needs.
12.2 Hard copy contracts, books or other Hard Copy Products can only be returned or exchanged if the goods are damaged or due to an error on our part.
12.3 Faulty or goods received in error must be notified to us and returned to our Customer Service department within three days from the receipt of your purchase, indicating the reference of the invoice concerned. Beyond the three-day period, the delivered goods will be deemed as complying with your Order and accepted by you.
12.4 Once the goods have been received back by us, you will have the article replaced or your payment refunded.
12.5 Before you finalise or complete your purchase, please carefully review whether the particular Product under consideration will meet your needs.
13. Purchase of Electronic Products – General
13.1 FIDIC electronic Products vary depending on the intended purpose of the use of the purchased document.
13.2 Practitioner Version: is the electronic Product intended for contract drafting for FIDIC contracts and agreements. This Product generally contains encrypted PDF file of the General conditions, that cannot be modified and editable word files of the template Particular conditions/Special provisions and other forms for completion. Encrypted PDF file of the General conditions can be printed by each user for up to 10 times for one year Licence period. The content of the Practitioner version of this Product may vary depending on the FIDIC contract or agreement purchased.
13.3 Educational Version: is the electronic Product for a personal and private use. This Product contains encrypted PDF file of the relevant FIDIC publication. This Product does not contain any editable files. The access is granted for one year term. It cannot be printed.
13.4 Purchasers of electronic Products are advised to consult the Terms of Use of each Product before making a purchase
13.5 FIDIC sells selected documents of its electronic Products (Practitioner Version and/or Education version) for single and multiple users depending on the Clients’ requirements.
13.6 A separate Licence should be taken to amend or modify FIDIC General conditions, which is granted by FIDIC on an exceptional basis. To register your request, send email to: [email protected]
14. Electronic Documents Purchase Process
14.1 Electronic Products can be purchased on the FIDIC website by selecting the electronic version of the applicable contract(s) or document(s) from the ‘Publications’ page under the ‘Product’ heading.
14.2 Select the appropriate number or level of electronic copies required- Individual Use Access or Multiple Use Access (where provided) and complete the purchase by following the online prompts.
14.3 Single Use Access: This Product is for an individual access to the electronic Product (a one machine access). The Licence is for one year term.
14.4 Multiple Use Access: This Product is for multiple users’ access to electronic Product (multi machine access) for up to a number of users selected by the purchaser. The purchaser is responsible for distributing the documents to the intended users. Each machine on which access to the documents will be obtained, will count as one user. The Licence is for one year term.
14.5 Important note: the electronic documents are licenced per machine and not per named user or individual. This means that if a person downloads and installs these electronic documents on several machines e.g., work and home machines (laptop, desktop etc) each of these will count as a separate user and will decrease your allowance levels/shared users’ number accordingly. Please make sure you distribute only to the people that need it within your project and avoid wide distribution on the company intranet.
14.6 Once the application process has been completed the purchaser will receive a confirmation email which will include instructions on how to set up the Licence and access details. Please see the Installation/User Guide
15. Electronic Documents Validity and Extensions
15.1 Access to Electronic documents is activated at the point of sale starting on the day payment is made and the Licence validity continues for one year.
15.2 Upon receipt of payment, you will be granted access to your files in your FIDIC user account under the FILES tab.
15.3 For multiple users copies the documents supplied by FIDIC for multiple users can be shared by a purchaser to other users as zip files via email as detailed in the Installation/User Guide.
15.4 Please note that we are unable to accept the return of any electronic Products and we do not offer refunds for electronic Products, Licences or any downloaded material.
16. Terminating a Licence
16.1 FIDIC reserves the right to withdraw a Licence if the Licence holder/user/purchaser is deemed to have misused the licence.
16.2 FIDIC reserves the right to withdraw a Licence or to prevent the Licence holder/ user from renewing their Licence if the user puts the organisation into disrepute.
16.3 If a Licence holder / user is found to have contravened the terms of use of an electronic Product, the Licence may be terminated by FIDIC without prior warning.
16.4 To extend a one-year Licence, users will need to purchase a new Product/Licence via the FIDIC website in the same method as per the original Order.
17. Our Liability
17.1 These terms and Conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products.
17.2 There are no warranties, conditions or other terms that are binding on us except as expressly stated in the Terms and Conditions.
17.3 Any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.
17.4 We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
17.5 Our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
17.6 We have no liability for material that might appear on any linked third-party websites.
17.7 For products published in partnership with other publishers, you must send your inquiries and orders directly to those contacts.
18. Disclaimer
18.1 While FIDIC aims to ensure that its publications represent the best in business practice, the Federation accepts or assumes no liability or responsibility for any events or the consequences thereof that derive from the use of its publications. FIDIC publications are provided “as is”, without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. FIDIC publications are not exhaustive and are only intended to provide general guidance. They should not be relied upon in a specific situation or issue. Expert legal advice should be obtained whenever appropriate, and particularly before entering into or terminating a contract.
19. Translations
19.1 FIDIC considers the official and authentic text of its documents to be the versions in the English language and assumes no liability whatsoever for the completeness, correctness, adequacy or otherwise of the translated documents.
20. Variation of Terms and Conditions
20.1 These terms and Conditions may be revised from time to time. It will be your responsibility to keep up-to date with all such changes and your continued accessing and use of this website shall be deemed acceptance of any changes to these terms and Conditions.
21. Governing Law and Jurisdiction/Disputes
21.1 Our aim is to settle any disputes amicably in the framework of these terms and conditions Any question or complaint should be sent to [email protected]
21.2 These terms and conditions and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of Switzerland.
21.3 Any disputes concerning these terms and conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Switzerland.
EVENTS, TRAINING AND COURSES - Terms and Conditions
22. Event Booking and Registrations
22.1 By participating in our conferences, webinars, seminars, trainings or events, you agree to be photographed and that the conference, webinar, seminar, training or event may be recorded in full or in part and your photograph, image, recording, name or details may be published and utilised by FIDIC at its sole discretion in various media platforms, including print, audio and video formats without further consent or notice.
22.2 A confirmation email will be sent to you on receipt of your Booking. Please ensure that you include your correct email address upon registration. Please include your correct and complete shipping address to receive Hard copy books or Hard Copy Products related to the training event you are attending.
22.3 Registrations will be confirmed only when the full fee/amount of your Booking is paid in advance, unless it is provided free of charge.
22.4 Our offers of events are valid for as long as they appear on the site. Registrations will be handled on a first come-first served basis.
22.5 Should an event be fully booked, you are invited to submit your e-mail address so that we can keep your name on a waiting list and send you an electronic message advising that a place has become available.
22.6 While every effort will be made to keep to the published programme, the organizers reserve the right to change times, content, speakers, delivery platform and/or venues.
23. Course Information
23.1 Any description, advertisement or, documentation issued by FIDIC and any description contained on the FIDIC website or any catalogues relating to Courses are issued and published for the sole purpose of providing a general overview of the Course, its content and objectives. Although FIDIC makes every effort to ensure that information about a Course is correct, the Client acknowledges and agrees that sometimes such information may be incomplete, out of date or inaccurate and the Client places no reliance on it whatsoever.
24. Changes to an event
24.1 FIDIC may at its sole discretion change the format, speakers, participants, content, venue location and programme or any other aspect of an event at any time and for any reason, whether or not due to a Force Majeure Event or undersubscription, in each case without liability.
24.2 If FIDIC has to cancel an event, our liability in the event of a cancellation is limited to a full refund of the event fee only.
24.3 FIDIC will not be responsible for the reimbursement of any airfare, hotel, accommodation, or other costs incurred by potential Delegates or attendees to its event. FIDIC cannot be held liable for any pre-booked travel or accommodation costs.
25. Cancellations/Substitutions/Transfers
25.1 Cancellations must be received in writing. FIDIC will apply the following cancellation charges:
25.1.1 30 days or more before the event – 20% administration fee applicable.
25.1.2 Less than 30 days before the event – no refund available.
25.2 Substitutions may be made until 48 hours prior to an event.
25.3 All cancellations must be made in writing to [email protected] or [email protected]
25.4 Requests for transfer to another Course or event must be approved by FIDIC. Although FIDIC makes every effort to accommodate Clients to another Course or event, this is subject to availability and FIDIC approval. Transfers may be subject to a charge.
26. Payment
26.1 Full payment for events and Courses are due at the time you make the Booking. Payments can be made:
26.2 a) by Credit card: Eurocard/Mastercard, Visa.
26.3 b) by Bank transfer:
26.4 payable to FIDIC, Account No. 274644-02-1, Credit Suisse, Paradeplatz 8, Box 590, CH-8021 Zurich. Clearing No. 4835; Sort Code: 80.500.4; SWIFT:CRESCHZZ80A; IBAN: CH24-0483-5027-4644-0200-1
26.5 Please note that bank transfers may take 1 to 3 days to be effective.
26.6 Bank transfer fees must be solely borne by the Client or Delegate.
27. Fees/Visas/Travel/Accommodation (IN PERSON EVENTS)
27.1 The fee does not include FIDIC documents, cost of lunches and refreshments unless otherwise provided in the event description. The fee does not include transport, visas or overnight accommodation.
27.2 Delegates are responsible for making their own visa, travel and hotel arrangements. For certain events or conferences, FIDIC may propose hotel arrangements for Delegates. The proposed hotel is not mandatory, and the Delegate or Client can choose to stay in a different hotel. FIDIC cannot be held responsible for any disputes or issues with proposed hotels and Clients should carry out their own checks before proceeding to book with any suggested hotels.
27.3 FIDIC recommends you check your visa requirements with your local embassy or consulate. Invitation letters to support visa applications can only be sent out once we have received your registration form and full payment of the registration fees. Please apply in good time. FIDIC cannot be held liable for late visa applications or visa refusals.
28. Premises
28.1 Delegates shall be responsible for all damage to the Premises and/or damage to other people's property on the Premises caused by the Delegate.
28.2 While at the Premises, Client should comply with health and safety policies issued by or on behalf of FIDIC including Premises health and safety policies.
28.3 The Delegate will be responsible for damage to the property of the venue, caused by themselves or their guests during an event and will agree to make good or pay full restitution for the making good of any such damage.
28.4 FIDIC does not accept responsibility for any loss of, or damage to, personal property.
29. Online Events, Conferences, Webinars, Seminars
29.1 FIDIC uses technology which allows us to provide online events, training or conferences provided that Clients have the appropriate technology to receive them.
29.2 We do not provide any PC, laptop, tablet, mobile phone or other hardware or device or any App or other software for use on or with any devices, nor any internet connection or service or other equipment or facilities to enable you to join our online events.
29.3 It will be your sole responsibility to ensure that you have access to, and familiarity with all necessary technology so that you can receive and participate in our online events. These include appropriate functioning device which is adequately charged. Stable, reliable, internet access with adequate speed. A safe location with a suitable quiet and comfortable environment in which to watch, listen, speak where appropriate, make notes, and otherwise to participate as necessary. Adequate microphone and/or loudspeakers for the purpose, external microphone and/or speakers as reasonably necessary; and notebooks, pens, pencils, and any books, materials or equipment.
29.4 FIDIC does not, and cannot, assist Delegates to obtain, set up, maintain, or operate any technology. If you need any assistance or advice about technology, you should seek it from an appropriate third party. FIDIC cannot, give you any advice about what technology is needed or how to use it.
29.5 We will not be responsible or liable to Clients that are unable to access any of the online event due to any technology problem whatsoever. This may include slow speed, instability, temporary or other breakdown, unavailability, or inadequacy of, or defect in, internet service or any other equipment or service.
30. Data Protection
30.1 We understand the importance of maintaining and protecting your privacy.
30.2 All your personal information that we may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.
30.3 For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, please refer to Our Privacy and Cookie Policy
31. Intellectual Property Rights
31.1 All Intellectual Property Rights in or arising out of or in connection with the Course and Course Materials shall be and remain vested in FIDIC.
31.2 Delegates shall not modify or remove any Intellectual Property Rights notices contained on the Course Materials.
31.3 Delegates may use the Course Materials for their own personal development purposes but not for any other purpose and Delegates shall not copy, duplicate, redistribute, re-publish or in any way use any part of the Course Materials or prepare derivative works or incorporate the Course Materials in any other work for commercial use or exploitation without FIDIC ‘s prior written consent. This limitation applies to Course Materials in any form, printed or electronic.
32. Liability
32.1 To the extent permitted by law, neither FIDIC, nor its directors, employees, affiliates, examiners, or partners shall be liable for any compensation, loss or damage, whether direct or indirect, arising by reason of any alleged act or omission (including, without limitation, any negligent act or omission) made in connection with the provision of the event or Course and/or the use of or reliance on Course Materials:
32.2 FIDIC will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with provision of the event or Course and/or the use of or reliance on Course Materials.
32.3 Nothing in these terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
32.4 Subject to Clause 31.1, the aggregate liability of FIDIC arising out of or in connection with provision of the event or Course and/or the use of or reliance on the Course Materials, whether such liability arises in contract, tort (including negligence) or otherwise howsoever, shall not exceed the Course Fee.
33. Force Majeure
33.1 FIDIC shall not be held responsible for any delay or failure in performance of its obligations hereunder to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, acts of God, acts of terrorism, acts of war, epidemics or acute outbreaks of communicable disease, the availability of the location for the Event or other similar causes beyond its reasonable control.
33.2 FIDIC shall not be liable to Delegates for any loss or damage (whether direct or indirect) which may be suffered by the Delegate due to any circumstances or events beyond FIDIC’s control including, but not limited to, acts of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, storm, leakage, shortage of or inability to obtain materials, failure of supply of electricity or telephone or compliance with any regulation, direction or request made by a Government authority.
33.3 Where a Course is cancelled due to a Force Majeure Event then FIDIC shall, acting in good faith, inform you as soon as is reasonably possible and provide details of any new dates, times or availability of the event or Course.
33.4 If the event outside of our control continues for more than 84 days, we may postpone or cancel the Course and inform you of the cancellation. Should the Delegate be unable to attend on the new date for the Course then FIDIC shall refund the Course Fee.
33.5 Any refunds due to you as a result of a cancellation will be paid to you as soon as is reasonably possible and, no later than 28 calendar days after the date on which we inform you of the cancellation.
34. Assignment and Subcontracting
34.1 FIDIC may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the conditions to any third party or agent.
34.2 Delegates shall not, without the prior written consent of FIDIC sell places on a Course to third parties.
34.3 Delegates shall not, without the prior written consent of FIDIC assign, transfer or deal in any other manner with all or any of its rights or obligations under these Conditions.
35. Disclaimer
35.1 Any views or opinions expressed on any matters by the presenters or participants during or in connection with a presentation are solely the views of the authors of the respective comments and/or opinions and must not be taken to be the views of FIDIC. We accept no responsibility for the content and/or accuracy.
35.2 FIDIC makes no warranties, representations or conditions regarding the Course and its obligations in respect of the Course and all warranties, representations, conditions and other terms express or implied, statutory or otherwise, in respect of compliance with descriptions, the quality of service or otherwise which are not expressly set out or repeated (as the case may be) in these Conditions are excluded to the fullest extent applicable by law.
36. General
36.1 No delay or failure by FIDIC in exercising or enforcing any right or remedy under these Conditions will prejudice or restrict FIDIC ‘s rights and no waiver of any such rights or of any contractual breach will be deemed to be a waiver of any other right or later breach.
36.2 No third party shall have any rights under or in connection with these Conditions.
36.3 If at any time any provision of these Conditions is found by any court or other competent authority to be illegal, invalid or unenforceable whole or in part, it shall not affect or impair the legality, validity or enforceability of any and all other provision of these Conditions.
36.4 These Conditions and the Course Programme constitute the entire understanding and agreement of the parties relating to the provision of the Course and Course Materials and supersedes all prior written or oral communications, understandings and agreements relating to the provision of the Course and Course Materials.
37. Variation of Terms and Conditions
37.1 FIDIC shall be entitled to vary these terms and conditions from time to time without notice and any such variation shall be binding on Client with effect from the date on which such change is made. Your continued accessing and use of this website shall be deemed acceptance of any changes to these terms and conditions.
38. Governing Law and Jurisdiction/Disputes
38.1 Our aim is to settle any disputes amicably in the framework of these terms and conditions. Any question or complaint should be sent to [email protected]
38.2 These terms and conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of Switzerland.
38.3 Any disputes concerning these terms and conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Switzerland.
39. Defined Terms
39.1 In these terms and conditions:
“Booking” means the FIDIC booking form submitted by Client to FIDIC.
“Client” means the person, firm, or company to whom Services are provided.
"Condition" means a condition contained in these terms and conditions.
“Customer” means anyone who uses the FIDIC website whom we agree to supply on these terms and conditions.
“Content” means all electronic product published by FIDIC This includes articles, chapters, journals, books, conference proceedings and any other original source of information.
"Contract" means these terms and conditions together with your Order.
“Course” means the training course detailed in the Course Programme.
“Course Date” means the date of the first day of the Course.
“Course Fee” means the fee payable by Client for provision of the Course.
“Course Materials” means any documentation or materials including handouts provided to the Delegates as part of the Course.
“Course Programme” means the course programme provided detailing the Course to be delivered by FIDIC.
“Delegate” means any individual booked to attend and/or attending the Course;
“Force Majeure Event” means any event beyond the reasonable control of the affected party which cannot reasonably be planned for or avoided.
“Intellectual Property Rights” means all copyright, publication rights, trade marks, design rights, patents, database rights, confidential information, rights in trade and/or business names and the goodwill accrued in respect of the same, discovery, inventions, processes, formulas, know-how, specifications, improvements, techniques, and any other intellectual property rights whatsoever and wheresoever in the world whether registered or unregistered existing from time to time (including all applications or rights to apply for registration, renewals or extensions of any of the foregoing).
“Licence” means an agreement between FIDIC and the Customer setting out the acceptable terms of use of the FIDIC contract or FIDIC document and its contents.
“FIDIC” means a company registered in Switzerland under commerce registration number CH-020.6.900.135-8. whose registered office is at World Trade Center II Geneva Airport Box 311 29 route de Pré-Bois CH-1215 Geneva 15”.
"Order" means an order placed by you in accordance with these terms and conditions.
"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your order.
"Product" means any product listed on the FIDIC website which we agree to supply to you on these terms and conditions.
“Premises” means the premises where the Course or event will be provided.
"Services" means any services relating to Products that we agree to supply to you on these terms and conditions.
"Working Day" means all days of the week excluding Saturdays, Sundays and Public Holidays in Switzerland
39.2 General Enquiries to: [email protected]
Publication Enquiries to: [email protected];
Event Enquiries to: [email protected] or [email protected]
39.3 Address:
World Trade Center II
Geneva Airport Box 311 29 route de Pre=Bois
CH – 1215 Geneva 15
Tel: +41-22-799-49-00
