/ General terms and conditions.
The following shows the terms and conditions of WorldWiDE Insights Limited.
1. Recitals
Where hereinafter WorldWiDE Insights is referred to, it relates to WorldWiDE Insights Limited as well as to the contracts and services offered by it. These General Terms and Conditions shall apply to any and all legal relations between WorldWiDE Insights and the customer/user/contracting party (hereinafter referred to as "Contracting Party") unless more specific provisions exist in the individual types of contracts and the conditions of participation set out therein. Where more specific provisions exist, they shall take precedence over the present General Terms and Conditions. A contract shall be concluded only between the contracting party and the respective WorldWiDE Insights company whose service is being purchased. A contracting party may be any natural person or legal entity intending to enter into a contractual or any other business relationship with WorldWiDE Insights or to make use of WorldWiDE Insights services.
2. Scope of Application / Responsibilities of the Contracting Party
Exclusively the present General Terms and Conditions shall apply between WorldWiDE Insights and the contracting party. Any counter confirmations by the contracting party with reference to its own terms and conditions are hereby expressly disclaimed. Any deviations from these Terms and Conditions shall only be effective if confirmed in writing by WorldWiDE Insights. Each contracting party agrees to the worldwide, perpetual, unlimited use and publication by WorldWiDE Insights of the images, information, and data provided as part of such contracting party’s participation. Receiving an award includes the publication of the award-winning entry in all WorldWiDE Insights media. WorldWiDE Insights shall not be obligated to mention the author of contributions or photos by name. Should authors nevertheless assert claims against WorldWiDE Insights, the award winner shall release and hold harmless WorldWiDE Insights from and against any such claims. Each contracting party warrants and represents to be entitled to grant the rights to use the data provided by such contracting party. Each contracting party warrants and represents to hold any and all rights in the contents of its own website(s) or otherwise to be able to freely dispose thereof. In particular, the contracting party warrants and represents that (a) any contents and materials made available on its website(s) were free of errors at the time of publication, and that (b) the use of such contents and materials does not infringe any applicable conditions of WorldWiDE Insights and does not harm any persons or companies (including the warranty and representation that contents or materials are not defamatory). The contracting party shall release and hold harmless WorldWiDE Insights from and against any and all third-party claims made against WorldWiDE Insights arising from or in connection with contents or materials made available by the contracting party on its website(s). Any liability arising from WorldWiDE Insights’s failure to duly remove any such contents as soon as WorldWiDE Insights has been advised of its unlawfulness shall be excepted. Upon presentation of a final judgment or a court order, WorldWiDE Insights shall be entitled to exclude contributions from the competition that infringe any third-party industrial property rights (e.g., due to plagiarism, piracy, counterfeiting) at any stage of a competition and/or to withdraw publications. In addition, awards given out for any such contributions may be revoked retroactively.
3. Conclusion of a Contract / Right of Cancellation
Declarations aimed at entering into a contract with WorldWiDE Insights may be made via email or on the relevant WorldWiDE Insights industry-specific website (e.g., https://www.worldwide-edtech.org). A contract with WorldWiDE Insights shall be concluded as soon as WorldWiDE Insights has acknowledged the order online, e.g., by email, or in writing or by performance.
The following shall apply to events and competitions organized by WorldWiDE Insights: WorldWiDE Insights shall be entitled to refrain from holding an event at its sole discretion, if such event’s viability seems to be uncertain. Mutual obligations of WorldWiDE Insights and the contracting party shall expire at the time of the cancelation; no claims for refunds or damages shall derive from any such cancelation. WorldWiDE Insights shall be entitled to change the contents of the event or to postpone, reduce, temporarily or close or cancel it for good cause (e.g., force majeure) in part or in whole. There shall be no reduction of the agreed fees. In the event of an adjournment in whole or a reduced duration, the contract shall be deemed concluded for the modified duration, unless the participant terminates the contract in writing within a period of 2 weeks from the notification of such change.
4. Terms of Payment
As a rule, entry to competitions organized by WorldWiDE Insights is free of charge. Award winners may choose to purchase optional marketing assets and promotional services offered by WorldWiDE Insights. The fees to be paid by the contractual partner to WorldWiDE Insights are set out in the applicable terms of participation. An entitlement to the provision of services by WorldWiDE Insights or an entitlement to the use of rights granted shall only exist after timely payment of the invoice. All fees are subject to VAT, if applicable, which must be paid at the applicable rate. They are payable immediately after invoicing or by the payment date stated in the invoice without deduction using the means of payment offered in the respective competition. Payment shall only be deemed to have been made when WorldWiDE Insights can access the amount paid by the contractual partner.
5. Exclusion of Liability
WorldWiDE Insights shall be liable to the contracting party only if the contracting party asserts a claim for damages based on intent or gross negligence, including intent or gross negligence by WorldWiDE Insights, their representatives, or agents. Where WorldWiDE Insights is not deliberately in breach of contract or if WorldWiDE Insights is in breach of a material contractual obligation, its liability to pay damages shall be limited to typical, foreseeable losses. This exclusion of liability shall not apply in the event of injury to life, limb or health. WorldWiDE Insights shall not be liable for breaches of third-party rights by entries submitted or already awarded a prize and shall not guarantee that entries submitted do not infringe any third-party rights. Should it prove in retrospect that an entry submitted or an awarded prize infringes third-party rights, WorldWiDE Insights reserves the right to revoke such awards. The foregoing liability provisions shall apply accordingly to all services provided by WorldWiDE Insights in connection with the participation of the contracting party.
6. Competitor Claims, Written Form, Period of Limitation
All claims of the contracting party against WorldWiDE Insights are to be submitted in writing. They shall expire within 12 months, beginning with the end of the year in which they were established.
7. Legal Venue / Governing Law
Legal venue for any and all disputes between WorldWiDE Insights and its contracting party shall be Christchurch, New Zealand, in particular for disputes arising from contracts already concluded. However, WorldWiDE Insights reserves the right to seek compensation before the court of the domicile of the contracting party or of its place of business. The contract shall be governed exclusively by and construed in accordance with the laws of New Zealand and the New Zealand text version excluding the UN Convention on Contracts for the International Sale of Goods. This shall apply even if the participant or contracting party has its place of business abroad.
8. Right of Set-off and Right of Retention
An WorldWiDE Insights contracting party shall be entitled to claim a right of off-set or a right of retention only if the asserted counterclaim is due and uncontested or has been determined as legally valid.
9. Final Provisions
Any agreements deviating from these Terms and Conditions must be made in writing to be effective. This shall also apply to the waiver of this clause governing the use of the written form. Should individual provisions of the foregoing conditions be or become invalid, the validity of the remaining provisions hereof shall remain unaffected.
