These terms and conditions (the ‘Terms’) apply to all Participants in Events (in each case as defined below). By participating in an Event, you agree to these Terms and Conditions.
1. Definitions
In these Conditions, the following capitalised words and expressions shall have the meanings set out below:
‘we/our/our/our company": Flanders Hydraulics.
‘Additional Event’ means an excursion or event, including, for example, a field trip, networking event, tour of production facilities, site visit, boat trip, air travel, or any other excursion arranged by the Company for Participants in an Event.
‘Additional Terms’ means any additional terms and conditions that may apply to an Additional Event.
‘Business Day’ means a day, other than a Saturday or Sunday, on which ordinary banks in the Kingdom of Belgium are open for their full normal operations.
‘Content" means materials, data, information and products provided by Flanders Hydraulics or its Event Partners during, in connection with or as part of the Event.
‘Data Protection Laws’ means all laws and regulations relating to the processing, privacy and use of personal data in connection with or pursuant to these Terms, including, without limitation, to the extent the EU GDPR applies, the law of the European Union or any European Union Member State to which the Parties are subject that relates to the protection of personal data.
‘Event’ means an event organised by or on behalf of Flanders Hydraulics, including a conference, exhibition, congress, summit, seminar, webinar, meeting, workshop, dinner, public training, private training or customised training, Additional Event.
‘Event Confirmation’ means our written (including digital) confirmation of your registration for a place at that Event.
‘Event Dates’ means the dates on which the Event takes place.
‘Event Trademarks’ means trademarks and service marks owned by or licensed to Flanders Hydraulics in relation to the Event.
‘Event Sponsor’ means a person or company that has entered into a sponsorship agreement with Flanders Hydraulics or its partners in relation to an Event.
‘Event Venue’ means the location at which a physical Event is held.
‘Contribution’ means the contribution to be paid by a Participant (or Sponsor on behalf of a Participant) for participation in an Event.
‘Force Majeure’ : has the meaning set out in Article 11.
"GDPR ’ : Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
"Intellectual Property Rights ’ : patents, rights to inventions, copyright and related and neighbouring rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to bring an action for infringement or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and qualify for extensions or renewals of such rights and rights to claim priority of such rights.
‘Losses’ means actions, damages, claims, liabilities, costs, losses and expenses (including, without limitation, reasonable legal fees).
‘Participant/You’ means a person attending an Event in a capacity other than as a representative of the Flanders Hydraulics or the Event Venue.
‘Registration Data’ means the personal data provided by Participants when they register to participate in an Event.
‘Software’ means the online software applications made available for access or download from our websites or those of our suppliers or Event Partners in connection with an Event or Content.
‘Sponsor Delegate’ means a Participant who attends an Event on behalf of or with an invitation from an Event Sponsor using an Event Pass (including digital) provided to the Event Sponsor as part of the agreed sponsorship package, and any reference in these Terms to Participant shall include Sponsor Delegates unless expressly stated otherwise.
2. Registration for Events
2.1 A valid registration for an Event entitles entry to that Event as a Participant, subject to these Terms and Conditions. Any optional extras may incur additional charges on top of the basic registration fee.
2.2 Each Participant's Registration details must be registered with us (either in a personal capacity or as a representative of a company or other legal entity) no later than two Business Days before the start of the Event. We reserve the right to exclude from participation in the Event any person whose name does not appear in our Participant Register at the start of the Event.
2.3 If you register for an Event as a representative of a company or other organisation, you confirm that you are authorised to agree to these Conditions on behalf of the company or other organisation. You must also ensure that Participant(s) of the company or other organisation attending the Event are aware of and bound by these Terms and Conditions.
2.4 When you register for an Event, you must provide us with accurate and complete Registration Details. It is your responsibility to notify us of any changes to those details (including, but not limited to, your email address) by updating your details in the relevant section of the applicable website or by contacting us using the contact details provided to you in an Event Confirmation.
2.5 It is your responsibility to notify us of any special entry requirements at the time of registration, and in any event no later than 5 working days prior to the Event. Any special entry requirements submitted less than 5 Business Days prior to an Event may not be available.
2.6 All entries for Event are subject to availability and acceptance by Flanders Hydraulics at its sole discretion.
2.7 If an Event requires an Event Pass to gain entry, you may be asked to prove your identity before your pass is issued to you. Participants must keep their Event Pass with them at all times during their attendance at the Event and Flanders Hydraulics reserves the right to refuse entry or expel Participants who do not show a pass upon request.
2.8 If your Event Pass is lost, missing, stolen or forgotten, a replacement Event Pass will be issued to you at the sole discretion of Flanders Hydraulics at the prevailing Participant Rate on site.
2.9 By attending the Event, you acknowledge that photographs and film recordings may be made at the Event. Flanders Hydraulics reserves the right to use photographs and videos taken during the Event with your photograph and/or likeness in future marketing materials, including social media channels, websites and printed materials, without obtaining further permission from you or making any payment to you. If you do not want your photograph taken during an Event, please let the photographer know during the Event and we will make reasonable efforts to comply with your request.
2.10 Participants must be over 16 years of age.
2.11 Participants may not sell, transfer or share their Event Passes. Registered Participants may be replaced by other persons at no additional cost by written notice to the Flanders Hydraulics at any time, subject to compliance with these Terms, including (but not limited to) the need for replacement persons to provide Registration Details at least 2 working days prior to participating in the Event and subject to screening.
2.12 All Event Passes are the property of Flanders Hydraulics and must be returned to Flanders Hydraulics upon request. Participants caught wearing forged Event Passes and/or sharing or swapping Event Passes will be asked to leave the Event.
3. Attendance requirements
3.1 Each Participant shall:
(a) comply with the rules, policies and procedures of the Event Venue, including those relating to health and safety, and any reasonable instructions from Flanders Hydraulics and/or the management of the Event Venue;
(b) conduct themselves in a respectful, professional and appropriate manner that does not contravene the laws and regulations of their home or host country or threaten to bring the Event or Flanders Hydraulics into disrepute;
(c) ensure that they are adequately insured for their own needs, including personal accident and travel insurance, before attending an Event; and
(d) ensure that they have all necessary travel documents, including but not limited to visas and other entry permits to the country where the Event is held, and that they comply with all health formalities and applicable laws.
3.2 You agree that your travel to and participation in an Event is at your own risk and not the responsibility of Flanders Hydraulics, subject to the provisions of clause 12. Flanders Hydraulics is not obliged to provide advice or assistance in relation to obtaining visas. If a Participant fails to obtain a visa to attend an Event, this will not entitle him or her to a refund of any Fees.
3.3 Other than Sponsors and their Participants, Participants are only permitted to conduct business within a designated exhibition area at the Event Venue. Participants found in public areas or in exhibition areas of other companies may be removed from the Event.
4. Obligations of the Participant
4.1 Flanders Hydraulics reserves the right to refuse a Participant access to an Event or to remove a Participant from an Event without any liability for any reason and at its sole discretion.
4.2 Flanders Hydraulics reserves the right to recover from you any loss or damage suffered by us, the Event Venue or other Participants as a result of your conduct at the Event or non-compliance with these Terms and Conditions. In such circumstances, a Participant is not entitled to a refund of Fees.
5. Fees
5.1 Full payment of the Fees due for the Event is due upon registration. If such payment is insufficient or refused for any reason, Flanders Hydraulics may refuse entry to the Event.
5.2 Fees include amounts in respect of applicable value added tax (VAT) or similar sales tax.
5.3 Fees in the Price List are valid at the time of completion of registration, provided they are paid in full before the applicable due date. If the fee for a completed registration is not paid in full before the next Price List comes into force, you will be charged a fee calculated in accordance with the applicable Price List on the date of payment.
5.4 All Fees must be paid in full without any set-off, counterclaim, deduction or withholding (other than as required by law).
6. Intellectual Property Rights
6.1 All Intellectual Property Rights in and to Events and in the Content relating to Events are owned by Flanders Hydraulics or its third party content providers. We may at our discretion grant a licence to third parties, including Sponsors of Events, to use the Content.
6.2 Participants may only use the Content for their own personal use and benefit and not for resale, distribution or other commercial purposes.
6.3 The Event Trademarks may not be used without the prior written consent of Flanders Hydraulics.
6.4 Any request for permission to republish, reprint or use for any other purpose the Content or Event Marks must be sent by email to the Event contact as described in your Event Confirmation.
6.5 The Software is owned by Flanders Hydraulics or its suppliers. Your use of the Software is governed by the terms of a licence agreement which may be included with or included with the Software and you may not install or use any Software unless you agree to the terms of such licence agreement.
7. Additional events
7.1 Flanders Hydraulics may offer Participants the opportunity to attend an Ancillary Event, in which case specific Ancillary Terms may apply. Such Additional Terms will be included in the materials provided to you when you register to attend an Additional Event and will apply in addition to these Terms.
7.2 In the event of any conflict between these Terms and the applicable Additional Terms, the Additional Terms shall prevail in relation to the Additional Events.
8. Changes to Event
Although Flanders Hydraulics's Event programmes are correct at the time of publication, we may change the format, Content, location, speakers, hosts, moderators and/or timing of an Event, including a change from a physical Event to an Online Event. Flanders Hydraulics will make reasonable efforts to notify all Participants of such changes prior to an Event.
9. Cancellation and replacement
9.1 All cancellations by Participants must be received in writing no later than 28 days before the first day of the Event for a full refund of the Participant Fee paid, less a 10% administration fee (or other fee as stated in the Content provided to Participants upon registration for the Event). We cannot accept verbal cancellations. Participants whose cancellations are received after this deadline will owe the full Participation Fee. Participants may appoint a substitute to attend an Event in his or her place, subject to clause 9.2 and their agreement to and compliance with these Terms and Conditions.
9.2 Notifications of cancellations and substitutions must be sent in writing as soon as possible (and in any event at least two Working Days before the Event) to the contact person of Flanders Hydraulics specified in the Event Confirmation. Registration details for a substitute must be received by Flanders Hydraulics no later than two Working Days before the Event.
9.3 In exceptional circumstances, we may be forced to cancel or postpone an Event, in which case we will notify you as soon as reasonably possible. In the event of cancellation, subject to Article 11, we will refund to Participants the full amount of the Participation Fee paid by you. In the event of postponement, we will offer you the opportunity to re-register for the postponed Event or, subject to Article 11, issue you with a full refund of the Participation Fee paid by you. Our liability to you as a result of a cancellation or postponement of an Event shall be limited to the amount of the Fees you have paid to us for that Event and we shall not be liable for any additional Losses incurred by you as a result of such cancellation or postponement.
9.4 Refunds will be made to the debit/credit card used for payment or by bank transfer. Refunds to debit or credit cards can only be processed within 60 days from the original transaction date. Refunds for previous transactions must be processed by bank transfer.
10. Data processing
10.1 You can only register for an activity with correct and complete information. Flanders Hydraulics respects and protects your privacy.
We attach great importance to treating all your personal data with the utmost care and confidentiality. Flanders Hydraulics processes your personal data for the smooth running of the administration around the activity and to be able to keep you informed of any changes in the programme.
You have a right to inspect and correct your personal data. You also have the right to oppose the processing of your personal data for direct marketing by sending an e-mail to info@shallowwater.be.
10.2 For more information on our data protection policy, please visit our Privacy Policy (in Dutch) at https://www.vlaanderen.be/departement-mobiliteit-en-openbare-werken/pri....
11. Force majeure
11.1 In this clause, ‘Force Majeure Event’ means circumstances beyond our reasonable control that may reasonably affect the successful delivery of the Event or make it unwise, impractical, illegal or impossible for us to organise the Event or to perform our obligations under these Terms, including circumstances directly affecting Participants in their home countries that make it reasonably likely that a material percentage of Participants will be unable to attend the Event.
11.2 If Flanders Hydraulics cancels the Event as a result of Force Majeure, Flanders Hydraulics shall make reasonable efforts to reschedule the Event within one year of the original Event dates.
11.3 If Flanders Hydraulics is unable to reschedule the Event in accordance with Article 11.2, it shall refund the Participant Fee as soon as reasonably possible and in any event within 60 days of the date of notification of cancellation.
11.4 Without prejudice to the obligation of Flanders Hydraulics to refund Participant Fees, Flanders Hydraulics accepts no liability and will pay no compensation if the performance of its obligations is rendered impracticable, unlawful or impossible by or as a result of Force Majeure.
12. Limitation of liability
12.1 Nothing in these Conditions shall limit or exclude our liability for:
(a) death or personal injury;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.
12.2 You agree that your access to an Event and your use of the Content is at your own risk and responsibility and acknowledge that all Content is provided ‘as is’ and ‘as available’. The Content is made available for your general information and any advice, opinion, statement or other information included in the Content is not intended for trading purposes or to meet your specific needs. The Content does not constitute any form of advice, recommendation or arrangement by us (including, but not limited to, investment advice or an offer or invitation to buy or sell securities, financial products or other investments) and is not intended to be used by users to make (or refrain from making) specific investment or other decisions. Independent advice should be sought before making any such decision.
12.3 Except as expressly stated in this Agreement, the Organiser makes no express or implied warranty or representation in connection with the Event.
12.4 Subject to clause 12.1, we shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Conditions, for any indirect or consequential loss or damage.
12.5 Subject to clause 12.1, the total liability of Flanders Hydraulics to you, whether based on any action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Terms, shall not exceed the total amount of fees paid or payable under these Terms.
13. Transfer
13.1 We may, without your consent, assign, sub-contract or transfer all of our rights and obligations under these Terms to a Group Company or an entity acquiring a substantial part of the assets of our business.
13.2 Without prejudice to clause 15.1, we may sub-contract the provision of an Event to a Group Company which carries out the activities in relation to the relevant information, publication or data product forming part of that Event.
13.3 You may not assign, sub-licence or otherwise transfer your rights under these Terms without our prior written consent.
14. Amendment
We may make amendments to these Terms from time to time. Such amendments will be posted on the Event website. Amendments will take effect immediately once the amended Terms are posted on the Event website and you will be deemed to have accepted them if you attend the Event. If you do not wish to accept them, you must cancel your participation in accordance with Article 9 of these Terms and Conditions.
15. Entire agreement
These Terms, together with the Privacy Policy and any Additional Event Terms and the application or registration form (if applicable), constitute the entire agreement and understanding between you and Flanders Hydraulics in relation to your participation in the Event and supersede all previous terms, conditions, notices and discussions, whether written or oral, relating to that subject matter.
16. Applicable law and dispute resolution
The obligations between you and Flanders Hydraulics shall be governed exclusively by Belgian law.
