Terms and Conditions
IPM Terms and Conditions
This is the page where you will find all of The Institute of Promotional Marketing (‘IPM’) different Terms and Conditions. These include terms and conditions relating to:
- the use of this site (www.theipm.org.uk);
- the IPM Seal;
- the IPM's Education and Training products and services, including the IPM Diploma, the IPM Certificate, the IPM Incentive & Motvation Diploma and the Legal Code Certification (IPM LCC), as well as our one-day and half day courses;
- the IPM Legal Advisory Service; and
- IPM Social Events, Conferences and Awards Table Bookings
All terms and conditions on this page shall be governed by the laws of England and any matter or dispute arising in connection with them shall be subject to the exclusive jurisdiction of the English courts. If you have any questions or comments regarding this page, please email firstname.lastname@example.org.
Terms and Conditions
for Website Usage
Welcome to our
website. If you continue to browse and use this website you are agreeing to
comply with and be bound by the following terms and conditions of use, which,
in relation to this website.
The term 'Institute
of Promotional Marketing', ’IPM’ or 'us' or 'we' refers to the owner of the
website, whose registered office is 70 Margaret Street, London W1W 8SS.
registration number is 975635.
The term 'you'
refers to the user or viewer of our website.
The use of this
- This website is intended for users in the United Kingdom. The
information and guidance provided on this website relating to advertising
and marketing is, unless stated otherwise, applicable to the United
Kingdom only. Its content is for your general information and use only. It
is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee
as to the accuracy, timeliness, performance, completeness or suitability
of the information and materials found or offered on this website for any
- You acknowledge that such information and materials may contain
inaccuracies or errors and we expressly exclude liability for any such
inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is
entirely at your own risk, for which we shall not be liable.
- It shall be your own responsibility to ensure that any products,
services or information available through this website meet your specific
- This website contains material which is owned by or licensed to us.
This material includes, but is not limited to, the design, layout, look,
appearance and graphics.
of the content of this website is prohibited save that you may view, print
out, use, quote from and cite the website for your own personal,
non-commercial use and for non-commercial teaching and educational
purposes on the condition that you give appropriate acknowledgement to the
- All trade marks reproduced on this website are either the property
of the IPM or are licensed to the IPM and the rights in such marks are
reserved to their respective owners and licensors.
- Unauthorised use of this website may give rise to a claim for
damages and/or be a criminal offence.
- From time to time this website may also include links to other
websites. These links are provided for your convenience to provide further
information. They do not signify that we endorse the website(s). We have
no responsibility for the content of the linked website(s); You may not create a link to this website from another website or
document without the IPM’s prior written consent.
- These Terms and Conditions, your use of this website, and any
dispute arising out of such use of the website shall be governed by the
laws of England and any matter or dispute arising in connection with them
shall be subject to the exclusive jurisdiction of the English courts. All
rights in the IPM member database are the exclusive property of the IPM
and no use may be made of the database, in whole or in part, without the
express prior consent of the IPM.
- Some parts of this website require registration. Registered users must
keep their username and password confidential, and are fully responsible
for any use of the website using their username and password. If you
believe someone has accessed the website using your user name and password
without your authorisation, it is your responsibility to notify us
immediately and to set a new password. In no event will we be liable for
any loss or damage whatsoever resulting from the disclosure of your
username and/or password.
- We reserve the right to cancel registration and/or refuse access to
the restricted areas. We shall not be liable for any loss or damages
whatsoever arising from a registered user’s inability to access any pages
on the website. If you want to cease to be registered with us, email us at email@example.com stating this.
Terms & Conditions
of Usage of the IPM Seal
- The IPM Seal is a
simple logo which the IPM may award to promotions which have been seen and
reviewed by the IPM’s Legal Advisory Service (LAS) and are deemed to
comply with the UK Code of Non-broadcast Advertising and Direct and Promotional
Marketing (“The Seal”). The Seal is awarded in respect of a specific promotion
and the materials which have been reviewed by the LAS, and contains the
promotion’s unique reference number.
The LAS must see all final
artwork and all communication elements of the promotion which are relevant to
the award of The Seal.
- It is a fundamental principle
of the United Kingdom (UK) system of self-regulation that the promoter is
responsible for all aspects of a promotion. It is, therefore, a condition of
using The Seal that all parties to a promotion recognise this. A director or
other senior executive of the agency/client applying to use The Seal (the
“Applicant”) warrants, on behalf of the Applicant, that there will be no later
changes to finished artwork which will be published or distributed without
first being checked by the LAS and deemed to comply with the UK Code of
Non-broadcast Advertising and Direct and Promotional Marketing.
- A director or
other senior executive of the Applicant warrants, on behalf of the Applicant,
that the fulfilment aspects of the promotion will be carried out with all due
diligence and in full conformity with the law and the requirements of the UK
Code of Non-broadcast Advertising and Direct and Promotional Marketing, a copy
of which is available via www.cap.org.uk
- The Seal relates only to the
UK. It is not, therefore, to be used in relation to promotional campaigns in
any other country. Where a UK campaign unavoidably crosses national frontiers
with common packaging and/or common communication elements, a director, or
other senior executive of the Applicant, warrants, on behalf of the Applicant,
that the campaign will meet all legal and Code of Practice requirements in
those countries where The Seal will appear.
- The decision as to whether
and where a promotion can carry The Seal and the terms on which it is carried
is that of The IPM alone.
- The Seal must be shown in the
form approved and designated by The IPM. Failure to do so will render the use
of The Seal unauthorised with the consequences set out below.
- The Seal is awarded in
respect of specific promotions and specific materials. It cannot be used
against promotions or materials other than that for which it is awarded, unless
they are awarded The Seal separately. It cannot be used in a way that suggests
or implies that the Applicant has been given an endorsement as a corporate
entity as opposed to a specific promotion. Any misuse of this kind will lead to
the use of The Seal being regarded as unauthorised.
- Any unauthorised use of The
Seal or any failure to comply with the requirements set out above will result
in immediate cancellation of the licence to use The Seal for that promotion,
together with a 12 month prohibition on using The Seal on any promotion for
that Applicant as well as possible disciplinary action by the IPM. Any
non-member of the IPM who makes unauthorised use of The Seal will be referred
to the relevant trading standards department for possible enforcement action
under the Consumer Protection from Unfair Trading Regulations 2008 and/or the
Business Protection from Misleading Marketing Regulations 2008.
- It is a condition of being
granted the use of The Seal that details of the relevant promotion which is the
subject of the award of The Seal will be given on The Seal microsite. These
details will include the name of the promotion, the relevant brand name,
company name and the duration of the promotion.
- Fees apply to use the LAS
advice and review service (“LAS Service”). Applicants which are members of the
IPM will not be charged any additional fee above cost of the LAS Service to use
The Seal. Applicants which are not members of the IPM shall pay to the IPM an
additional £200 excluding VAT promptly, and within 30 days of the date of
invoice. The IPM reserves the right to refuse to undertake further
work from an Applicant, and to withdraw the licence to use The Seal in the
event that invoices are overdue. The IPM reserves the right to charge
interest at the rate of 4% over base rate of HSBC on any overdue sums,
calculated on a daily basis.
Conditions relating to IPM Education Products
The IPM's Distance
Learning Courses are: the IPM Diploma, the IPM Certificate, the IPM Incentive & Motivation Diploma and the Legal Code Certification (LCC)
Course Fees are
payable in full at the time of enrolment. No candidate will be deemed to be
enrolled unless payment has been received.
The cost of
enrolment is fully refundable up to the point at which enrolment packs are
dispatched to candidates. After that it is neither transferable nor refundable.
The cost of
deferring one candidate to a future intake is £300 excluding any applicable VAT.
The IPM reserves the
right to cancel a course, vary the content of the course, change the venue of
the immersion day, seminars and tutorials, amend the dates and change the
tutors and seminar speakers at any time. The IPM will use reasonable endeavours
to inform candidates of any significant changes or a cancellation of a course
as soon as possible.
If the IPM cancels a
course, IPM shall provide a full refund of Course Fees already paid but, to the
extent permitted by law, the IPM excludes all other liability in relation to the
cancellation of or changes to a course. Further, provided nothing shall exclude the
IPM’s liability for death or personal injury caused by negligence, or any other liability which cannot be
excluded or limited by law, the IPM’s total aggregate liability under or in
connection with a course shall be limited to the course fees paid by the
& Half-day Workshops
All course fees are
payable prior to the date, or commencement date, of the course.
Should a candidate be unable
to attend, a substitute delegate is welcome at no extra charge - please simply
notify the IPM of any changes.
You may transfer the
date of attendance or the course being attend (subject to availability) or
cancel attendance at a course subject to the following scale of charges:
| Days Notice
| Transfer Fee
| Cancellation Fee
There are no refunds
for a 'failure to attend'. The IPM reserves the right to cancel a course,
change the venue, amend the dates and or the fees and course tutors at any time.
The IPM will use
reasonable endeavours to inform candidates of any significant changes or a
cancellation of a course as soon as possible. If the IPM cancels a course, IPM
shall provide a full refund of charges already paid but, to the extent
permitted by law, the IPM excludes all other liability in relation to the
cancellation of or changes to a course. Further, provided nothing shall exclude
the IPM’s liability for death or personal injury caused by negligence, or any
other liability which cannot be excluded or limited by law, the IPM’s total
aggregate liability under or in connection with a course shall be limited to
the course fees paid by the candidate.
Conditions for IPM Legal Advisory Service
1. The IPM Legal Advisory Service (“LAS”) offers a service
giving advice on marketing law (including reviewing promotions) (“LAS
Service”) to companies, agencies, and other persons who seek the
advice of the LAS (“LAS Client” or “you”, “your”).
2. These terms & conditions set out the basis on which the IPM
will provide LAS Services. A contract for LAS Services shall be formed
between you and the IPM:
- once the IPM confirms to you that it is
willing to take on the case or matter in question; or
- if you are purchasing a bundle of ‘Legal
Advice and Review’ cases in accordance with the LAS Case Charges set out on the IPM website,
at the earlier of (i) the IPM confirming that it is willing to take on
the first such case or (ii) receipt of the relevant fee from you (but for
the avoidance of doubt, the IPM may nevertheless refuse an individual case
in accordance with clause 11 below).
3. Unless the LAS Client is a member of the IPM and taking advantage
of free LAS Services provided as benefits to the member, LAS Clients will
be charged for the LAS Service in accordance with the LAS Case Charges set out on the IPM website.
There are three types of service offered:
- a telephone helpline (“Helpline”), available
only to members of the IPM via which the IPM will provide up to 10
minutes of initial advice on quick queries relating to the UK Code of
Non-broadcast Advertising and Direct and Promotional Marketing (“CAP
Code”) and relevant laws of England and Wales;
service (“Standard Service”) offering advice on the CAP Code and relevant
laws of England and Wales; and
- a service offering advice on campaigns which
extend into markets outside of England (“International Service”). The
International Service is offered in relation to the following
jurisdictions only: members of the European Union, the USA, Australia and
Further details of each service are set out on the
IPM website. Unless you expressly states otherwise, it will be assumed that you
wish to receive the Standard Service.
4. The IPM has expertise on the CAP Code (which applies across the
United Kingdom) and on the relevant laws of England and Wales. If you require advice on the laws in
other territories (including in other home nations of the United Kingdom) you
must specify this and the IPM may, on request, seek advice from qualified
lawyers in the relevant territory via the International Service.
5. Where the Helpline or Standard Service is taken, the IPM offers no
warranty other than that its advice will be consistent with the CAP Code
and, subject to clauses 7 to 9 below, the laws of England and Wales
relevant to advertising and promotional marketing.
6. Where the International Service is requested, you must inform the IPM
of which jurisdiction(s) (including United Kingdom home nations other than
England and Wales) which you wish to receive advice in respect of
(“Selected Jurisdictions”). The IPM will provide a quote for such advice
and, if accepted, will co-ordinate and provide advice gathered from
experts on marketing law and regulation in the Selected Jurisdictions. Where
the International Service is taken, the IPM warrants that, subject to
clauses 7 to 9 below, its advice will be consistent with relevant laws and
regulations in the Selected Jurisdictions only.
7. LAS Client shall pay all fees for the LAS Service promptly, and
within 30 days of the date of invoice. The IPM reserves the
right to refuse to undertake further work from a LAS Client in the event
that invoices are overdue. The IPM reserves the right to charge
interest at the rate of 4% over base rate of HSBC on any overdue sums,
calculated on a daily basis.
8. The IPM can only give advice on aspects of a promotion or campaign
which it has seen and which have been drawn to its attention by the LAS
Client. The IPM cannot accept liability for any element of a
promotion where changes are made after advice or approval has been given
by the LAS.
9. The IPM cannot accept liability if any advice or guidance given by
the IPM is not accepted or acted upon in full.
10. The LAS are experts in marketing law, particularly in relation to
promotional marketing. If the LAS experts believe that a promotion
involves consideration of areas of law which are outside of their
expertise, the LAS shall notify you. For example, if the promotion
involves consideration of specialist legal areas such as financial
services, food law, regulation of medicines, then the LAS may not be able
to provide advice in relation to such areas but will endeavour to alert
you to this.
11. The IPM advises in all cases in circumstances of strict
confidentiality. The IPM may seek advice from external legal
advisors including its legal partner Lewis Silkin LLP and, in relation to
the International Service, relevant foreign lawyers, provided that they
shall also be subject to a duty of confidentiality. The IPM will not otherwise
discuss an LAS Client’s promotion or its advice with any third party,
including another IPM member without the express consent of the LAS Client
and then only if the IPM, in its absolute discretion, considers such
discussions to be in the best interests of that LAS Client. Confidential
information of the LAS Client shall not include information which is
generally known to the public; information which is required to be
disclosed by operation of law; or information which is disclosed with the
written consent of the LAS Client.
12. The IPM believes that the quality of its work is its principal
consideration. Whilst the LAS will always endeavour to take on
cases, the IPM reserves the right to refuse any case for any reason. For
example it may need to refuse a case if the LAS doesn’t have capacity at
the relevant time, or the case raises issues outside its expertise.
Similarly, whilst the IPM understands the time pressures on case
clearance, the IPM reserves the right to refuse a case if, in its absolute
discretion, it believes that insufficient time has been allowed for proper
consideration to be given.
13. The IPM understands the time sensitivities and pressures that LAS
Clients may be under in seeking the LAS Service. The LAS has a track
record of responding very quickly to requests for advice. However, its
paramount concern is the quality of advice it gives and so, on occasion
and where advised by the LAS, advice may take longer than usual turnaround
times, particularly if there are complicating factors or the need to
discuss with third parties.
14. The LAS will assume that any trade marks, copyright material or
other intellectual property featured in the material submitted by the LAS
Client is either owned by the LAS Client or the necessary rights have been
secured. The IPM accepts no liability for any claims howsoever
arising in relation to information or materials which are supplied by LAS
Client to the LAS, unless the LAS has been specifically asked to advise on
the legality of such information or materials and has been provided with
all relevant information pertaining to such materials in order that the
LAS can give full and proper advice.
15. The IPM shall not be liable for:
- any indirect or consequential losses or
damage of any kind; or
- any loss of profits, anticipated savings,
revenues, contracts, goodwill or business (whether direct or indirect)
and whether caused by tort (including negligence) breach of contract or
otherwise, whether or not such loss or damage is foreseeable, foreseen or
16. The maximum aggregate liability of the IPM under or in connection
with the provision of any advice or service to an LAS Client in connection
with the LAS Service shall be limited to £200,000 (two hundred thousand
pounds sterling) in respect of any one claim or series of connected claims. Notwithstanding this, the IPM’s liability for personal
injury or death caused by its negligence, or for fraud shall be unlimited.
third parties (including, if relevant, your client) shall have the right
under the Contracts (Rights of Third Parties) Act 1999 to enforce any
provisions of these Terms and Conditions.
Terms and Conditions constitutes the entire agreement between the parties
and supersedes and extinguishes all previous agreements, promises,
assurances, warranties, representations and understandings between them,
whether written or oral, relating to its subject matter. The LAS Client
agrees that it shall have no remedies in respect of any statement,
representation, assurance or warranty (whether made innocently or
negligently) that is not set out in these Terms and Conditions.
Conditions relating to Social Events, Conferences and Awards Table Bookings
individuals or groups/teams to attend IPM run events (including Social Events, Conferences and Awards Table
Bookings) (“Events”) can be made through the IPM website by filling in
the contact fields with requested information and submitting. A confirmation
email is sent to the individual submitting the information confirming receipt
Tickets for individuals
or groups/teams to attend Events can be made by telephone through the booking
number and speaking to IPM sales staff. Contact information will be requested,
entered into the database and confirmation email sent to the individual
submitting the information confirming receipt of booking.
All payments for an
Event are payable prior to the date of the Event. Payment will normally be
taken at the time of booking. For large orders, the IPM may agree to invoice
you. If you have requested an invoice, and require a purchase order number to
be quoted, this must be provided promptly. Invoices shall be paid within 30
days of the date of the invoice.
colleagues are welcome subject to the IPM’s agreement. Please advise name
changes in advance, in writing via email to our sales team.
If a booking for an Event
is cancelled, the IPM may at its sole discretion apply the following
|No. of days notice
There are no refunds
for a 'failure to attend', whatever the circumstances, for example:
- changes to delegate's personal circumstances
- inclement weather
- transport delays
- any other reasons outside the IPM's control.
The IPM reserves the right to cancel an Event,
change the venue, amend the dates and/or the fees at any time. The IPM will use
reasonable endeavours to inform the person who made the booking of any significant
changes or a cancellation as soon as possible. If the IPM cancels an Event, the
IPM shall provide a full refund of charges already paid but, to the extent
permitted by law, the IPM excludes all other liability in relation to the
cancellation of or changes to an Event. Please be advised that the IPM cannot
be held responsible for any travel or accommodation costs incurred should an
Event be postponed or cancelled.
Provided nothing shall exclude the IPM’s liability
for death or personal injury caused by negligence, or any other liability which
cannot be excluded or limited by law, the IPM’s total aggregate liability under
or in connection with a course shall be limited to the Event fees paid by the
entity or individual which made the relevant booking.
A person booking an Event on behalf of an
organisation confirms that they have authority to bind that organisation to
these terms and conditions.