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Terms of business
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
Virtualnonexecs.com : the online platform (and app) for Non-Exec Directors and associated services
Membership Terms and Conditions (“Terms”)
In this policy “We”, “Us” and “Our” means Virtualnonexecs Limited (“Virtualnonexecs”), a company incorporated and registered in England and Wales with company number 10654620 whose registered office is at 34 Market Street, Hyde, England, SK14 1AH.
You can contact Us by post at our registered address or by e-mail at email@example.com
- Membership contract
1.1 When you click to submit your online application for membership or you post or email Us with your application, you are making an offer to join Virtualnonexecs which, if accepted by Us, will result in a legally binding contract.
A legally binding contract is formed on the date We accept your application and confirm this to You in writing or by email.
Please note this is a B2B transaction and You are not dealing as a consumer.
1.2 The following form part of the contract and govern your membership with Us:
(a) these Terms;
(c) Our Acceptable Use Policy.
(together the “Contract”)
1.3 If there is any conflict or inconsistency between the provisions of the Contract, such conflict or inconsistency must be resolved according to the following order of priority:
(a) these Membership Terms;
(c) Our Acceptable Use Policy.
1.4 Each time you renew your membership, you will be deemed to accept the Contract.
1.5 Membership is non-transferable and non-transmissible.
- Application for membership
2.1 Acceptance as a member of Virtualnonexecs is at Our sole discretion.
2.2 There are two categories of membership
(a) Gold Pro, Gold Pro Plus Platinum; and
2.3 We may decide to decline your application. We are not bound to publish or otherwise communicate the reasons if We decline your membership application. You do not have any right to appeal if your membership application is declined.
2.4 You warrant that all information provided to Us on application for membership is true and accurate at the point of submission. Failure to provide true and accurate information may result in an application for membership being refused or membership being revoked and in such circumstances, there will be no refund of the membership subscription fee.
- Membership subscription
3.1 Details about the annual membership subscription fee are available on our website www.virtualnonexecs.com
3.2 Membership is annual and is valid for twelve consecutive months from the day of joining Membership shall renew automatically for further 12 month periods provided the original credit or debit card used to make payment remains valid, unless and until terminated in advance in accordance with these Terms.
3.3 You must pay the subscription by credit or debit card.
3.4 If you fail to pay your membership fee, we reserve the right to suspend your membership until payment is received.
3.5 The annual subscription fee which you pay is non-refundable in part or in full in any circumstances.
3.6 In the event that you make payment by credit or debit card via an agent or other third party you shall be deemed to have accepted and be bound by these Terms.
4.1 As a member, you will need to create a username (your email address) and password, with which you may access the members section of our website and mobile app. Your username and password are unique to you and your membership. You must not disclose it to any third party, and must treat this information as confidential.
4.2 We have the right to disable any username or password, whether chosen by you, allocated by Us, at any time, if in Our reasonable opinion you have failed to comply with any of the provisions of the Contract.
4.3 If you know or suspect that anyone other than you knows your log in details and/or password, you must promptly notify Us at firstname.lastname@example.org
4.4 As part of your membership you have the option to create a public profile. Any profile which you create must be in line with Our Acceptable Use Policy and not infringe the rights of any third parties. Any information which you upload to your public profile will be accessible by other members and so we require you to remove all personal and sensitive information from your profile.
4.5 We cannot be held responsible for the content of member profiles. You agree to indemnify Us, our officers, employees, agents and subcontractors against all losses, damages or expenses which We or they may suffer or incur (including legal expenses) in connection with the content of your member profile.
- Membership benefits and obligations
5.1 You must provide Us with full contact details which will be listed on the membership directory, and you must inform Us if there are any changes.
5.3 You must promptly notify Us of any change in your circumstances which may affect your eligibility or categorisation as a member.
5.4 As a member, you will have access to the Virtualnonexecs membership directory and to certain training materials and videos. Other membership benefits are set out on Our website at www.virtualnonexecs.com as may be amended from time to time.
5.5 As a member, you agree to adhere to and actively support all of Our trading principles and requirements set out on Our website or communicated to you from time to time.- In particular You agree not at any time to infringe our intellectual property rights, breach any duty of confidentiality which You owe to Us and not to make any derogatory or insulting remarks about Us or the Virtualnonexecs Brand generally.
- Intellectual Property and Virtualnonexecs Brand
6.1 The name “Virtualnonexecs” and Virtualnonexecs logo, (together ‘the Virtualnonexecs Brand’) are Our intellectual property. You may only use the Virtualnonexecs Brand with Our express written permission. You may describe yourself as a member of the Virtualnonexecs Community.
6.2 As part of Your membership you may have access to various documents and training materials (including online videos) which you may use as part of your membership. All such materials are protected by copyright which vests in Us. During the term of your membership We grant to you a non-exclusive royalty-free licence to view and use such materials. Such licence and permission to use any of Our materials shall subsist for as long as your membership is live. Once your membership comes to an end for any reason the licence previously granted to you shall be revoked.
6.3 You recognise that all rights in the Virtualnonexecs Brand remain vested in Us.
- Cancellation and termination of membership
7.1 You may cancel your membership at any time by providing notice to us in writing, either at the address above or to email@example.com . We will not refund any part of your membership fee.
7.2 Your membership will renew and continue on a rolling 12 month basis unless you give 15 days’ notice in writing to terminate on the next anniversary renewal date.
7.3 We may cancel your membership if:
7.3.1 a subscription fee which is due remains unpaid 90 days after the date of a notice from Us that such subscription fee is due and We decide to terminate your membership;
7.3.2 you are not or no longer eligible for membership within the relevant category and not eligible to be admitted to another membership category;
7.3.3 you use the membership directory for any purpose other than in relation to your membership with Virtualnonexecs or you disclose any confidential information contained therein to a third party;
7.3.4 you infringe or threaten to infringe our intellectual property rights;
7.3.5 you commit a material breach (or a series of breaches that amount to a material breach) of this Contract; or
7.3.6 in Our view, your continued membership risks bringing Virtualnonexecs into disrepute in any way.
- Data Protection
8.2 We will use your personal data in the following ways:
8.2.1 to administer your membership and deliver any membership benefits and services;
8.2.2 to send email correspondence in relation to your membership status, membership renewal and other membership matters; and
8.2.3 to send you regular emails to inform you about your membership, membership benefits, Our activities and news, from which you will be given the opportunity to ‘Opt Out’.
8.3 Save for adding your details to the membership directory, we will not disclose membership information to any third party unless required to do so by law.
9.1 We do not exclude or limit in any way Our liability for:
9.1.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
9.1.2 fraud or fraudulent misrepresentation; and
9.1.3 such other liability that We may not exclude by law.
9.2 To the extent permitted by law and except as set out in these Terms, We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to your membership and any benefits that We or Our partners may provide.
9.3 We do not accept any liability for damage to, or loss of, your personal belongings whilst you attend any premises of ours or any event organised by Us. We do not accept any responsibility for any loss (including, without limitation, theft) of any property occasioned at any venue, save for any damage caused by Our negligence in which circumstances Our liability for such losses shall be limited to the annual membership subscription fee you paid.
9.4 We will have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any:
9.4.1 indirect or consequential loss or damage;
9.4.2 loss of data;
9.4.3 loss of profit;
9.4.4 loss of revenue or business (whether direct or indirect), however caused, even if foreseeable.
9.5 Subject to clause 9.1, Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the membership subscription fee that you paid in the 12 months preceding any claim.
9.6 The limitations and exclusions in this clause 9 only apply to the extent permitted by applicable law.
- Entire Agreement
10.1 This agreement 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.
10.2 Each party 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 this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- Other important terms
11.1 We may alter, amend, change or modify or withdraw these Terms from time to time. Any changes will be notified to you by email.
11.2 If We do not insist immediately that you do anything you are required to do under these Terms, or if We delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent Us from taking steps against you at a later date.
11.3 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms. If any provision or part-provision of these Terms is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
11.4 Neither you nor We will have any remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Neither you nor We will have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
11.5 This contact is between you and Us. No other person shall have any rights to enforce any of its terms.
11.6 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.7 Nothing in these Terms is intended to, or shall be deemed to, constitute a partnership, agency or joint venture of any kind between you and Us.
11.8 Should any of these terms and conditions for any reason be declared invalid or unenforceable by a court of competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
11.9 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English Courts.