The following Terms and Conditions govern use by all persons of any and all of the Entrepreneurs Circle materials, products, events, services and websites.
Please read the following carefully because by accessing our website(s), content, events, services or products you are agreeing to abide by these Terms and Conditions of Use.
We may modify any of these terms and conditions at any time by providing notice on our website. Your continued use of or access to our website(s), materials, products and services shall be conclusively deemed acceptance of these terms and conditions and any subsequent modification.
We are committed to protecting your data and to complying fully with the terms of GDPR 2018. We will not sell, share, or rent your data to any third party.
- You: refers to the member/client or You as the Director/Agent of the business: By accessing the Site you are deemed to have accepted these terms. Where the context so requires, YOU or YOUR includes your Authorised Users.
- Us, We, or Our: Entrepreneurs Circle Limited incorporated and registered in England and Wales. You can contact us via email at firstname.lastname@example.org or by writing to us at 2635 Kings Court, Birmingham Business Park, Birmingham B37 7YE.
- Agreement: the terms and conditions set out in this document, any variations agreed between us and any additional terms notified before use of the Services.
- Authorised Users: Authorised Users includes any person in your business that we have agreed with you is or are to benefit from your subscription, membership or service you have purchased.
- Intellectual Property Rights: These rights include, without limitation, patents, trademarks, trade names, design rights, copyright (including rights in computer software), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, which may subsist anywhere in the world.
- Subscription: the term we use to describe the services you have purchased from us.
- Services: includes hosting services and provision of know-how, as the context requires, that we provide to allow you to access and use the material, information, content and know-how.
- Software: The software provided by us or by our suppliers which enables you to use the Services, including data schemas, data models, databases and the like.
- Start Date: The date the Subscription Period /Service starts.
- Subscriber Data: The data input by you or given to us by you.
- Subscription Fee: The subscription fee for any and all of the Services we provide to you.
- Subscription Period: The period in respect of which a Subscription Fee is payable for any Service.
- You can subscribe to any of our services by registering online via our website by using our online ordering process, by completing a form at one of our events or through confirming your purchase with one of our team members who will complete the order on your behalf.
Subscriptions include, but are not limited to:
- EC's Small Business Bursaries
- EC Membership
- The EC Coaching Programme
- Inner Circle
- Nigel's 1:1 Clients
- The EC's Certified Coaching Licence
- We will send you written email confirmation of your order and where appropriate, an account name and password for you and any authorised users. A link to these terms and conditions will be included in the email we send to you. Your use of, or access to materials, products, and services that form part of the subscription you have purchased, shall be conclusively deemed acceptance of these terms and conditions and any subsequent modification until such time as you have exercised your rights to terminate the service in line with the termination clauses set out in Clause 10 of these terms and conditions.
- Terms relating to the Payment of your subscription are set out in Clause 7 of these terms and conditions.
3. AUTHORITY AND LICENCE
- We authorise you and your Authorised Users to have access to our content and materials in accordance with your chosen Subscription option and for which You agree to pay us the Subscription Fee.
- This Agreement (including the licences hereunder) starts on the Start Date of your subscription and ends on the first of the following events:
- the end of the Subscription Notice Period (unless terminated otherwise in accordance with these terms and conditions); or termination of this Agreement (again, in compliance with these terms and conditions)
- For the avoidance of doubt, the start date of your subscription commences on the date of purchase unless otherwise stated in the Clause specific to the service you purchased found within these terms and conditions.
- We hereby grant you on the basis of these terms and conditions a non-exclusive, non-transferable licence to access our material and content solely for your business purposes (and for the avoidance of doubt, nothing in these terms grants to you any rights whatsoever in or relating to the source code of the Software or any Intellectual Property Rights).
- We confirm that we have all the rights in relation to the software, material and content that are necessary to grant all the rights we purport to grant under these terms and conditions.
- You may search, view, copy and print out material from our website(s) for your own business purposes only. You may not re-package or re-sell the content or information in any format without prior written agreement from us.
4. YOUR OBLIGATIONS
- You will take reasonable steps to ensure that nobody other than Authorised Users accesses the know-how or Services using accounts created with Your username and password.
- You acknowledge and agree that we and our licensors own all Intellectual Property Rights in the Software, the content, the know-how and the Services. Except as expressly stated in this Agreement, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Software, know-how, Services or any related documentation.
- You are solely responsible for the appropriate use and adaption of our know-how for your own use.
- You recognise and accept that in our know-how we are not providing professional advice (e.g. such as would be given by a solicitors' firm or accountant). You must ensure that you seek independent professional advice before implementing any know-how.
- If your subscription requires us to work within your business or personal online accounts, in agreeing to these terms and conditions, you are confirming that you have the right to provide us with, and are allowing us to access, operate and manage the specific element of that account relevant to the subscription you have purchased. You agree to indemnify and hold us harmless from all third-party claims, liabilities, damages and expenses arising from breach or representation, any content or services linked to you and/or any of your business activities not arising from our acts or omissions.
- You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.
- In the event that we provide links to third-party websites, we disclaim all responsibility and liability for the content of such third-party websites. Authorised Users assume the sole responsibility for the accessing of third-party websites and the use of any content appearing on such websites.
5. OUR OBLIGATIONS
- The content provided and delivered to you has been developed from our experience and expertise. However, we do not give any guarantee or promises or warranty with regard to the results, sales or profits that you will see from putting into practice the techniques and strategies that we teach or support you to implement. Lots of factors will impact the results you get including the time and effort put in, your past experience, skills and reputation.
- You agree that the decision to purchase your Subscription has been taken solely on the basis of your personal judgement and that no representation, warranty, inducement or promise, express or implied, has been made by the Entrepreneurs Circle or relied upon by you in purchasing the Subscription(s).
- No oral or written information or advice given by any of our team will supersede this agreement. You assume sole responsibility for results obtained from the use of our content and for conclusions drawn from such use.
- We shall have no liability for any damage caused by errors or omissions in any information, instructions, scripts or materials provided by you in connection with the Services, or any actions taken by us at your direction; and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
- We warrant that you will not infringe any third party intellectual property rights by using the material and know-how provided and we will indemnify you against losses, costs or expenses You may incur as a result of any claim that the use by you of the know-how and material infringes any third party intellectual property rights, provided you notify us within a reasonable time of any such claim being made. This warranty and indemnity are unlimited.
- We will take reasonable steps to ensure that Software and data files we supply to you as part of the Service are virus-free. However, You should use your own virus protection software and cyber security arrangements.
- We will use our best endeavours to ensure that Subscriber Data is maintained securely and is properly backed-up. In the event of any loss or damage to Subscriber Data, your sole and exclusive remedy shall be that we use our best endeavours to restore the lost or damaged Subscriber Data from the latest back up of such Subscriber Data. We shall not be responsible for any loss, destruction, alteration or disclosure of Subscriber Data caused by any third party (except those third parties sub-contracted by us to perform services related to Subscriber Data maintenance and back-up).
- We will use our best endeavours to ensure that the Services are provided continuously and that access to our website is not interrupted by any event within our control. We will notify you in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours. However, we assume no liability for any losses you may suffer as a result of any downtime and the Subscription Fee is non-refundable.
- Any guarantees offered by us for specific products are set out in Clause 16, 17 and 18.
6. LIMITATION OF LIABILITY
- Our company, or any member of our team, will not be liable to you, or any other entity, for actions taken in good faith, unless fraud, gross negligence or wilful misconduct is determined.
- We are not liable for any delay or failure in the performance of any of the services or for any loss due to any cause beyond our reasonable control.
- We will not be liable for any amount in connection with this agreement in excess of the amount paid to us in Monthly Fees during the three-month period prior to the date the action arose.
- Nothing in this Agreement excludes our liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.
- Subject to Clause 21:
- We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and
- Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the Subscription Fee during the 12 months preceding the date on which the claim arose. You acknowledge that this limitation is reasonable.
- We shall have no liability for the performance of any businesses other than Entrepreneurs Circle Ltd. Any other businesses featured or mentioned on our websites or in our materials are used at your own risk and you should do your own due diligence before entering into any arrangements or contracts with them. Just because a business is a member of Entrepreneurs Circle for instance, doesn't mean that they are any good or that they maintain the same high values and ethics as we do.
- We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations under this Agreement or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, or inclement weather conditions.
7. CHARGES AND PAYMENT
- The Subscription Fee will depend on which Subscription Option you choose. The prices for each Subscription Option are as set out at the point of sale for that Subscription or on our website from time to time.
- Payment is due at the point of sale and, where appropriate by monthly or periodic credit card or direct debit payment thereafter.
- Should you choose to cancel your subscription before the end of the Subscription Period, you are still liable to pay the Subscription Fee in full. We do not give, and you are not entitled to receive, any pro-rata refunds. Please refer to Clause 9 – for information about cancelling your Subscription.
- Similarly, if you are paying for your Subscription in instalments then you are liable for, and committed to, making ALL of the instalment payments. You cannot cancel or walk away with instalment payments outstanding.
- Where available you can choose to pay in instalments by selecting the Instalment Option during the ordering process. When we confirm your order, we will confirm your instalment payment amounts and dates.
- Instalment payments by any method other than automated Credit Card payment or Direct Debit will incur an additional fee of £25+VAT per month.
Should any Direct Debit/Credit Card payments be returned unpaid you will incur an additional charge of £75+VAT per payment to cover the costs of administering and chasing collection.
- ALL subscriptions will renew automatically at the end of each Subscription Period in line with the specific terms associated with that service/subscription unless agreed otherwise in writing. Please refer to Clause 9 – for information about cancelling your Subscription.
- Payment for renewals is processed automatically on the day of renewal and once processed is non-refundable.
8. LATE PAYMENT
- Late payment of monthly or annual subscriptions will attract a late payment fee of £75 plus VAT to cover the cost of administration and chasing. In addition, payments which remain more than 15 days overdue will attract an interest charge of 3% per month above the current base rate at Barclays Bank or the maximum interest rate permitted by law, whichever is the greater.
9. CANCELLATION AND NOTICE PERIODS
- Entrepreneurs Circle membership (including Small Business Bursaries) can be cancelled at any time without notice by completing the cancellation form found on: https://entrepreneurscircle.org/cancel/
- Other levels of membership may include a notice period as detailed below.
- The length of notice period required to cancel will depend on the type of subscription:
- Inner Circle and Mastermind have a 12-month commitment unless otherwise agreed in writing.
- EC Coaching has an initial 12-month commitment and then requires 60-days written notice of cancellation from the next billing date.
- Unlimited Passes have an initial 12-month commitment and then require 60-days written notice from the next billing date.
- EC Membership Bursaries can be cancelled at any time without charge or penalty providing the request to cancel has been submitted in writing, and official cancellation form completed, before the first payment has been processed.
- Your subscription will continue until the required length of notice is served.
- Notice periods become effective from the next billing date irrespective of the date your notice was provided in writing.
- No refunds, or pro-rata refunds, are made on any Monthly or Annual Subscription Fees paid.
- Individual event tickets are non-transferable and non-refundable.
- Subscription Fees must be fully up to date before cancellation can be affected. If Subscription Fees are outstanding or overdue, then they must be paid in full before cancellation can be made. You agree that failure to bring your subscription payments up to date means that your subscription cannot be cancelled and therefore Subscription Fees will continue to accrue.
- If paying by Instalments, then you will continue to be liable for your outstanding payments until the end of your Subscription Notice Period.
- If for any reason a monthly instalment is not made in full, then the full value of the Subscription payments for the Subscription Period will become immediately payable in full.
- Your Subscription will terminate at the end of your notice period subject to Clause 9 or if you are in material breach of any of these terms and if the breach is not remedied within the period of 20 working days after written notice of it has been given.
- Notwithstanding clause 10, if payment of the Subscription Fee is not made in full by the due date(s), without prejudice to any rights or remedies otherwise available, we reserve the right to (a) charge interest on the outstanding balance of all overdue sums at the rate of 3% per month above the current base rate at Barclays Bank or the maximum interest rate permitted by law, whichever is the greater; and (b) suspend or withdraw access to each relevant Service(s).
- On termination of this Agreement for any reason:
all licences granted under this Agreement shall immediately terminate;
subject to the exceptions in this sub-clause, you will take reasonable steps to delete the know-how and any materials from your electronic media, including your intranet and electronic storage devices so that you no longer have an electronically functional copy of the Software or any part of our content, know-how and materials.
- Termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
11. SUBSCRIPTION SPECIFIC CLAUSES
- If you wish to upgrade to another membership level or change your subscription option, please contact us by writing to us at 2635 Kings Court, Birmingham Business Park, B37 7YE, email@example.com or telephone us on 0121 765 5551.
- All non-subscription specific clauses are applicable to all subscriptions alongside the relevant subscription specific clause.
12. EVENTS AND EC MEMBERSHIP
- Entrepreneurs Circle Membership is for use by an individual and can only be used to access online resources and gain entry to events by a single named individual, (the 'member').
- EC Membership and Individual Event Tickets are not transferable to any other individual, business or event and non-refundable. It cannot be 'shared around'.
- Livestream and/or recordings of events must not be downloaded or copied or shared with anyone outside of your business. Breach of this will result in your membership being terminated with no refund and you may face prosecution for breach of copyright.
- Entrepreneurs Circle Ltd retains the rights to all material shared with you.
You may use any such material for the sole purpose of developing and/or furthering the sales and growth of your own business but you cannot share, re-sell, re-purpose or re-distribute any of our content or information to others in any circumstances.
- All EC Members MUST register in advance in order to attend an Event in-person. Registrations must be made no less than 7 days in advance of an Event and there is no cost or charge for registering, providing it is done at least 7 days ahead of an Event. There will be a Registration Fee of £59 + VAT for late registrations i.e. registrations less than 7 days ahead of an Event which may be waived at the discretion of Entrepreneurs Circle.
- EC Members and/or any individuals who turn up at events without prior booking or registration will be charged the full ticket price of the event which must be paid before entry.
- EC Members who have registered for an event for free in the EC Vault may cancel their booking in writing (via email to firstname.lastname@example.org) OR online via the Booking portal, at least 28 days before an event you have registered for if you are unable to attend.
- There is no charge for Members to cancel a place at any Event providing it is done, as above, at least 28 days before the event is scheduled to take place.
- Failure to cancel at least 28 days in advance of an Event, will result in the Member becoming liable for a Late Cancellation/No Show Fee of between £99 and the full ticket price of the event. Tickets to events that have been purchased and paid for not through EC Membership are non-refundable and cannot be cancelled.
- Late Cancellation / No Show Fees will be charged automatically within 7 days of each Event and must be paid in full before the Member is able to attend any future Events.
- Any Late Cancellation / No Show Fees that are unpaid 28 days after they fall due will result in all access to EC events, livestreams and recordings being suspended until such time as all payments are brought up to date.
- We will endeavour, and it is our intention, to adhere to the published schedule for all events but we reserve the right to change any aspect of our events at our absolute discretion, including, but not limited to, the celebrities, speakers, trainers, course content, date, venue and timings if necessary. Illness, inclement weather and other unexpected issues may occasionally result in event rescheduling and/or a different trainer or speaker.
- No such changes will invalidate your Membership nor entitle you to any refund of any kind. In addition, we are not liable for consequential costs that you may incur like, for example, any non-refundable hotel or travel costs in the event of any such changes having to be made.
13. EC SMALL BUSINESS BURSARIES
- Your Entrepreneurs Circle membership may start with a Bursary period where we will pay a proportion, or all, of your monthly fees for a set period of time.
- The Bursary period lasts for the time specified during sign-up and is intended to allow new members to try the service.
- Eligibility for a Bursary period is determined at the sole discretion of Entrepreneurs Circle. We may limit eligibility or duration to prevent abuse and reserve the right to revoke your access in the event we determine you are not eligible. We may use information such as device ID, method of payment, email addresses and other means to identify existing or recent members of Entrepreneurs Circle to determine eligibility.
- We will charge your Payment Method for your monthly membership fee at the end of your Bursary period and your membership will automatically renew monthly unless you cancel your membership prior to the end of the free trial period.
- To avoid payment, you must cancel your membership by completing the Entrepreneurs Circle Cancellation Form (http://entrepreneurscircle.org/cancel/) no later than 5:00am on the end date of your Bursary period. (e.g. a three month Bursary taken out on the 1st January can be cancelled without payment anytime up to 5:00am on 1st April).
- Payments will be processed at or around 6am on the end date of your Bursary period and are non-refundable.
- You can check and confirm your Bursary period end date at any time by emailing email@example.com.
14. SPOTLIGHT VIDEOS
- We allow a 14 day cancellation period. After this time payments are non refundable.
- We appreciate your plans may need to change & we allow two free date changes. Thereafter we reserve the right to charge a £25+VAT change fee.
- Travel expenses are included within the price, however we reserve the right to recharge hotel, travel by ferry & air, & subsistence expenses where necessary - eg. where an overnight stay for an early shoot is required.
- We reserve the right to substitute presenters & amend appointment times as necessary.
- All purchases of products provide access to that product by the purchaser for the lifetime of that product. We reserve the right to remove products if we deem that they have reached their valid shelf life.
16. SUBSCRIPTION GUARANTEES
- We may from time to time, apply a specific guarantee at the point of sale of specific subscriptions or products. Such guarantees are only applicable to the sale and use of that specific subscription or service.
- Claims made under the terms related to specific service or product guarantees MUST be made in writing to firstname.lastname@example.org.
- Any guarantee is invalidated if any due payments are late, missed or returned unpaid.
- Any refunds made in line with specific Guarantee terms may take up to 7 working days to process.
17. THE FACEBOOK AD ACCELERATOR GUARANTEES
- The Facebook Ad Accelerator is a proven programme with hundreds of successful businesses having gone through the process. However, our '100% Absolute Satisfaction' Guarantee allows you to claim a full refund on any payments made for the Facebook Ad Accelerator if you have tried the product, fully and diligently completed at least two modules, decided that the course is not for you and let us know in writing within 14 days of purchase.
- The Facebook Ad Accelerator comes with a 'We Won't Let You Fail' Guarantee.
- We're so confident in the Facebook Ad Accelerator that if you go through the programme, take part in the Q&A calls and still (somehow!) don't see success after 12 months we'll not only refund your money but, if you'd like, we'll work with you 1:1 to craft a winning Facebook Ad campaign for you. The creation of this campaign can take up to 21 working days (but is usually delivered much sooner).
- The campaign we create must be run as we deliver it with the budget we suggest in order to guarantee any results.
- Any amendments to the campaign we deliver for you will void the guarantee.
- IMPORTANT: the Facebook Ad Accelerator won't work unless you use it. Before claiming this guarantee you must have watched and completed all modules of the Facebook Ad Accelerator and attended at least three 'coaching calls'. Our team will work with you to craft a compelling campaign that we believe will generate results.
18. THE 365 DAY SATISFACTION GUARANTEES
- A selection of our products and services come with a '365 Day 100% Satisfaction Guarantee'.
- If you are not completely satisfied with your purchase at any point in the first 365 days from the point of purchase, you are entitled to claim under this guarantee and receive a full refund.
- This guarantee is only eligible to be claimed if you have used the product/service in question and are not satisfied. It is not valid if you have not made proper and thorough use of the resources available.
- To claim under the guarantee, you must email email@example.com and return the relevant resources to Entrepreneurs Circle, 2635 Kings Court, Birmingham Business Park, Birmingham, B37 7YE, no later than 365 days after your date of purchase.
- If payment of the Exhibitor Fee in full is not received before the Event then EC may (at its sole discretion) either require such payment as a condition of an Exhibitor's entry to the Exhibition or refuse the Exhibitor entry to the Exhibition.
- No refunds of any proportion of the Deposit paid will be made and any balance of the Fee will remain due and payable where entry to an Event is refused under this clause.
- EC reserves the right at any time to change the size and location of an Exhibitor's space at the Exhibition and accepts no liability for such change, other than, if appropriate, an obligation to refund the proportion of the Exhibitor Fee resulting from a reduction in size of the space. EC will however contact an Exhibitor (where possible) to discuss any proposed change to the size and/or location of a stand.
- EC is under no obligation to an Exhibitor to provide a particular space on the floor plan or stand number at the Exhibition. EC also reserves the right (without any liability to the Exhibitor) to alter the stand numbering, the lay-out of any Exhibition floor plan and the position of any stand at any time.
- EC will endeavour, and it is our intention, to adhere to the published schedule for all events but we reserve the right to change any aspect of our events at our absolute discretion, including, but not limited to, the celebrities, speakers, course content, date and times if necessary. Illness, inclement weather and other unexpected issues may occasionally result in event rescheduling and/or a different trainer or speaker.
- No such changes will invalidate an Exhibitor booking nor entitle an Exhibitor to any refund of any kind.
- In addition, EC are not liable for any consequential costs that you may incur like, for example, any non-refundable hotel or travel costs in the event of any such changes having to be made.
- Assignment and sub-letting, or the granting of licences, whether of the whole or any part of the area allocated to an Exhibitor and the display or distribution of advertisement cards or other documents by or on behalf of persons who are not contractual exhibitors is strictly prohibited.
If an Exhibitor wishes to cancel a Booking, the Exhibitor must notify EC in writing prior to the Exhibition. EC may accept such cancellation at its sole discretion, and if such cancellation is accepted the cancellation fee will be payable of:
- 20% if the cancellation is received more than 240 days from the Event/Exhibition;
- 80% if the cancellation is received less than 240 days but more than 60 days from the Event/Exhibition;
- 100% if the cancellation is received less than 60 days from the Event/Exhibition;
- EC shall have the right to terminate immediately any Booking on written notice to the Exhibitor if the Exhibitor:
- fails to make any payment due to the Organiser by the due dates specified in these Terms; or
- is in breach of these Terms and the Exhibitor does not remedy the same (if capable of being remedied) within three (3) days of receipt of notice in writing from the Organiser specifying the breach or failure and calling for the same to be remedied; or
- shall commit any act of bankruptcy or being a company enter into liquidation whether compulsory or voluntary otherwise than for the purposes of amalgamation or reconstruction or call any meeting or may any arrangement or composition with its or his creditors or permit any judgement to remain unsatisfied for seven days or a receiver or a manager to be appointed or any distress or execution to be levied upon any goods premises or assets of the Exhibitor.
- If EC terminates any Booking in accordance with this clause, then EC shall be entitled to cancel the letting of the area and retain all monies paid under the Booking.
- An Exhibitor participates in an EC Event entirely at their own risk in every respect including personal injury to the Exhibitor or their employees or agents, or to other exhibitors or to members of the public and including loss of or damage to property belonging to the Exhibitor or any other person howsoever such injury loss or damage may be caused and whether arising in the course of or occasioned by the Exhibitor's occupancy of any area allocated or in the course of or occasioned by the transit of goods or other property of persons to or from the Event.
21. GENERAL PROVISIONS
- Promotion: We may include your name and logo on our website, social media and general marketing materials related to the services that we provide. We may also share stories of progress as part of our marketing strategy.
- Employees: We both agree to not directly or indirectly employ or solicit for employment any person employed by either company during our relationship or for a period of one year after it ends. If violated, the offender agrees to make a lump sum payment within 30 days for 50% of the employee's current or expected annual salary, whichever is higher.
- You acknowledge that our Confidential Information includes all of our content, materials and Software.
- We acknowledge that the Subscriber Data is your Confidential Information.
- Each party shall use its best endeavours to ensure that the other's Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this Agreement.
- Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party (except, in Our case, those third parties sub-contracted by Us to perform services related to Subscriber Data maintenance and back-up).
- This clause shall survive termination of this Agreement, however arising.
23. ASSIGNMENT OF RIGHTS
- All of The Company's rights under these terms may be assigned, transferred or otherwise dealt with by the Company and will inure to the benefit of the Entrepreneurs Circle's successors and assignees.
- You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations.
- If any of these terms are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
- These terms and conditions represents the full agreement between the parties and replaces and/or supersedes anything that precedes it.
- These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing on our website.
- You acknowledge and agree that in entering into your Subscription you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person other than as expressly set out in these terms and conditions.
- Failure of the Company to enforce any of the provisions set out in these Terms and Conditions or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part thereof, or the right thereafter to enforce each and every provision.
- These terms and conditions shall be governed by the law of England & Wales.
- We give you no warranty or assurance or guarantee of any kind, except as set out in Clause 16, 17 and 18. We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.
- Our policy is to conduct our business at all times in a professional manner and to best practice standards. We use our best endeavours to maintain our content and keep the know-how and materials up to date and to develop our Services to meet subscribers' needs. We may change part or all of any Service at our discretion.
25. FORCE MAJEURE
Entrepreneurs Circle shall not be liable for any failure of, or delay in, the performance of any services or delivery of any of our Events, if such failure or delay is:
- beyond the reasonable control of Entrepreneurs Circle Ltd and/or
- could not reasonably have been foreseen or provided against.
- EC will not seek excuse under this Clause for failure or delay resulting only from general economic conditions.
- This agreement is governed by the law of England and Wales. Any dispute that we cannot resolve between us will be decided by independent arbitration whose decision will be binding on us, but not on you. If you are not satisfied with the arbitration decision, you may then go to court.