TERMS AND CONDITIONS OF SERVICE
1. Contract Terms
These terms govern our provision and members’ use of Startup Sherpa online service (“the Service”). Please read them carefully.
1.1 We provide the Service only in accordance with these terms and if you do not agree to be bound by the following terms you may not use the Service. By registering for a Free Trial to the Service, paying through the startupsherpa.org website to become a a member of the Service, or by paying for Enterprise Membership to the Service for your employees and associates with an invoice, you agree to accept the following terms.
1.2 Startup Sherpa and startupsherpas.org is a trading name of Ingrained Limited (“the Operator”), a company registered in England under registered number 10689118, with a VAT number of 282 8263 80 and registered office at 163 Welcomes Road, Kenley, CR8 5HB.
1.2 Your legal agreement with the Operator is made up of the terms and conditions set out in this document.
2. Our Obligations
2.1 We will provide signed-up members the rights to use the Service.
We will provide the Service to members with reasonable care and skill and will use our reasonable endeavours to maintain continuity of Service. However, we cannot guarantee that the Service will be continuous or error free.
We do not accept liability for any special loss or any indirect or consequential loss of any nature (including without limitation any economic loss or other loss of business, production, revenue, profit, goodwill or anticipated savings), whether arising in contract, tort, negligence, breach of statutory duty or otherwise, and whether or not the possibility of such loss arising has been brought to our attention.
3. Materials and Intellectual Property
3.1 Unless otherwise indicated, resources within the club or provided to members are the property of the Operator and protected by Intellectual Property law. Resources are licensed to members during the term of their membership for their personal use. The right to use the Service’s resources ceases when membership is cancelled by the member or by the Operator.
3.2 The materials appearing on the Service’s website could include technical, typographical, or photographic errors. The Operator does not warrant that any of the materials on its website are accurate, complete or current. The Operator may make changes to the materials contained on its website at any time without notice. However the Operator does not make any commitment to update the materials.
3.3 The Operator has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Operator of the site. Use of any such linked website is at the user’s own risk.
4. Payment and Validity
4.1 Unless otherwise stated, the service is provided for free, but with an option for members to pay if they would like to, and an amount that is their choice.
4.2 Unless agreed otherwise, all our charges are inclusive of any applicable value added or other sales tax. VAT for EU countries will be calculated based on the billing address of the cardholder.
4.3 We reserve the right to suspend our provision to you of the Service or terminate the contract between us if our charges are overdue for payment.
4.4 Unless otherwise agreed, membership is non-transferable and may not be resold. Enterprise customers may only provide Enterprise Access Codes to persons employed by their company.
4.5 For Enterprise customers (for more than 25 team members), unless otherwise agreed, subscription fees shall be paid via invoice issued by the Operator no more than 30 days from the invoice issue date.
6. Warranty and Liability
6.1 Nothing in these terms shall be construed as restricting or excluding our liability for death or personal injury resulting from our negligence or for fraud. Nothing in this agreement affects your statutory rights as a consumer.
6.2 The materials on the Service’s website are provided on an ‘as is’ basis. The Operator makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
6.3 Further, the Operator does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
6.4 In no event shall the Operator or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Service’s website, even if the Operator or an authorized representative has been notified orally or in writing of the possibility of such damage.
6.5 Our liability to you under this Agreement shall not exceed the amount paid by you for the Service.
7.1 The Operator may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
7.2 A person who is not a party to these terms may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
7.3 If any dispute arises out of these terms we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.
7.4 This Agreement shall be governed by the laws of England and we both agree to submit to the exclusive jurisdiction of the English Courts.
Modified 1st Mar 2019