TERMS AND CONDITIONS OF SERVICE
1. Contract Terms
These terms govern our provision and members’ use of the ASPIRE 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 or paying through the ASPIRE website to become a member of the Service as an Individual, or by paying for or receiving Enterprise Membership to the Service for your employees with an invoice (as well as accessing the Service via the Enterprise Membership purchased by your employer), you agree to accept the following terms.
1.2 ASPIRE is a trading name of Rainmaking Innovation Limited (“the Operator”), a company registered in England under registered number 08433320, and registered office at Soho Works, 180 The Strand, London, WC2R 1EA UK.
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 paying members the rights to use the Service.
2.3 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.
2.4 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 dashboard 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 resources ceases when membership is cancelled by either the member or by the Operator or expires.
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 reserves the right to make alterations to the published programme for (or content of) any modules where reasonably necessary. Any changes to published programme or content will be notified to members by email.
3.4 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.
Definition – Confidential Information refers to the business, affairs, properties, assets, trading practices, Goods/Services, developments, trade secrets, Intellectual Property rights, know-how, personnel, customers and suppliers of either Party, all personal data and sensitive personal data within the meaning of the Data Protection Act 2018 and the commercially sensitive information.
4.1 All members (for the avoidance of doubt this includes Individual and Enterprise Members, coaches, mentors and experts) participating in the programme (including and not limited to engaging with the platform, community groups and online channels, coaching sessions, mentoring sessions and events) shall hold in confidence all Confidential Information of the other members.
4.2. For the duration of the license and for 2 years thereafter, neither parties shall disclose to any third party, without the prior express written permission from the other party any Confidential Information in relation to that other party.
4.3 The provisions of clauses 4.1 and 4.2 shall not apply to any information which;
a) is or becomes public knowledge other than by breach of this clause;
b) is already in the possession of a party without restriction in relation to disclosure before the date of its receipt from the other party; or
c) is received from a third party (who, for the avoidance of doubt, is not a member of the receiving party’s group of companies) who lawfully acquired or developed it and who is under no obligation in restricting its disclosure.
5. Payment and Validity
5.1 Unless otherwise stated, the membership license fees for the Service are found here – https://sbcaspire.io/pricing.
5.2 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.
5.3 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.
5.4 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.
5.5 For Enterprise customers unless otherwise agreed, license fees shall be paid via invoice issued by the Operator no more than 30 days from the invoice issue date.
6. Cancellation and Refund Policy
6.1 As an Individual, if you cancel your membership license within 14 days of beginning with the day after you purchase the Service, you will receive a full refund and your license will be deactivated.
6.2 After 14 days of purchase no refunds are offered.
6.3 Where purchase was made via the website, to cancel your license you will find a link in the “My Account” Section of the ASPIRE website.
6.4 We will provide you with a full refund within 14 days of receiving your cancellation request in accordance with clause 6.3 above
6.5 We reserve the right to cancel memberships at our own discretion.
6.6 Un-enrolment – the Operator reserves the right to un-enroll users from a specific programme, with reasonable notice and with no compensation, if events arise which make the participation to the course no longer beneficial for the individual, the teams, the parties involved. We will endeavour to look and discuss possible alternatives, and provide access to the online content until the end of the valid license.
We reserve the right to reschedule any programme without notice and without any liability whatsoever.
7. Warranty and Liability
7.1 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.
7.2 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.
7.3 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.
7.4 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.
7.5 Our liability to you under this Agreement shall not exceed the amount paid by you for the Service.
8.1 The Operator may amend and update these terms and conditions from time to time. The terms and conditions are available on the ASPIRE website, welcome pack and on the ASPIRE dashboard.
8.2 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.
8.3 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.
8.4 This Agreement shall be governed by the laws of England and we both agree to submit to the exclusive jurisdiction of the English Courts.
8.5 For further information on our Work Ethic Policies including our Health & Safety Policy, Communication with the Community Policy, Complaints Procedure and our policy for supporting Diversity & Inclusion please find the information via our “About Us” page under “Our Work Ethic Policies”
Modified 11th March 2021