User Agreement
Effective from: 6th January 2024
INTRODUCTION
Welcome to The Founders Junction, a professional networking platform operated by The Founders Junction Limited.
The Founders Junction Limited is a private limited company registered in England and Wales with registration number 15362808 and registered office at 86-90 Paul Street, London, England, EC2A 4NE.
This User Agreement sets out the terms and conditions governing the use of Our platform and outlines our mutual obligations and rights. This agreement should be read in conjunction with Our Acceptable Usage Policy, Our Privacy Policy, and Our Cookie Policy.
It is essential that You read this agreement carefully as it forms a legally binding contract between You as a user and The Founders Junction Limited, the provider of The Founders Junction.
1. DEFINITIONS
For the purposes of this user agreement, the following terms shall have the meanings set forth below:
“Platform”: The Founders Junction, encompassing both Our website and Our mobile application, through which users access Our services.
“You”, “Your”: You as a natural or legal person who accesses or uses the Platform as a registered and/or non-registered user.
“We”, “Us”, “Our”: The Founders Junction Limited, the owner and operator of The Founders Junction.
“Party”: You, or Us, or both, depending on the context.
“Agreement”: this user agreement and any written policies set out by Us concerning Our Platform.
“Content”: Any text, images, video, audio, or other multimedia content, software, or other information or material submitted to, served on, or accessible from the Platform.
“Account”: The registered user profile created on Our Platform which serves as a unique identifier for each user and is required for accessing both Free and Paid Membership services.
“User Content”: Any Content that a user posts, uploads, links to, or otherwise makes available on the Platform.
“Services”: The various functionalities, features, applications, and services offered through the Platform.
“Free Membership”: Non-paid subscription level on Our Platform which gives users access to basic platform functionalities and services without subscription fees.
“Paid Membership”: Paid subscription level on Our Platform which is accessible through the payment of a subscription fee and offers enhanced access to additional features, services, and content not available under Free Membership.
“Intellectual Property”: Any and all intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and any other proprietary rights.
“Personal Data”: Any information relating to an identified or identifiable individual that is collected, used, stored, or processed through the Platform, as detailed in our Privacy Policy.
“Applicable Law”: Any local, state, national, and/or international law, regulation, ordinance, or judicial doctrine that applies to users, the Platform, and/or The Founders Junction Limited.
2. GENERAL DESCRIPTION OF SERVICE
The Founders Junction is a platform designed to facilitate business networking and partnership opportunities by allowing users to create a professional account and become members of Our community, make their profile visible to other users, and connect with fellow entrepreneurs.
3. ACCEPTANCE
By accessing or using Our Platform, You agree to be bound by this Agreement and represent that you have the legal capacity to enter into a binding contract.
4. USER REGISTRATION
To access certain features of the Platform, You are required to register and create an Account.
Only users aged 18 or over may create an Account.
The information You provide must be accurate and complete. If any of Your information changes, it is Your responsibility to ensure that Your Account is updated accordingly.
We recommend that You choose a strong password for Your Account. It is Your responsibility to keep Your Account details safe.
If You believe Your Account is being used by someone else without Your permission, please change Your password immediately and contact Us as soon as practicable.
5. USE OF THE PLATFORM
By accessing or using Our Platform You understand that You are responsible for Your use of the Platform and any User Content You post and You must comply with Our Acceptable Usage Policy, which is available on Our Website.
You further understand that in the event We were to find that You have infringed any of the provisions of this Agreement, Your account may be suspended or deregistered by Us at any time, save Your right to request for Our reconsideration of the case. You nonetheless acknowledge and understand that when You request a reconsideration, We have the right to uphold Our initial decision in relation to Your Account if We are not satisfied by the evidence provided by You in Your reconsideration request.
6. INTELLECTUAL PROPERTY
All Intellectual Property rights in the Platform and its content (except for User Content) are owned by Us and are protected by intellectual property laws.
7. USER CONTENT
You (or Your licensors, as appropriate) retain the ownership of Your User Content and all associated intellectual property rights, except any part of any User Content which is owned by a third party, in which case, You must obtain express permission for such material to be used on Our Platform.
When You submit User Content to Our Platform, You grant Us an unconditional, nonexclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content to the extent necessary to operate and promote Our Platform.
All User Content and communications with other users on Our Platform must comply with the content standards set out in Our Acceptable Usage Policy, available on Our website.
You warrant that You will comply with this Agreement and agree that You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of Your warranty. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
We are not responsible for any loss of User Content submitted to Our Platform. It is Your sole responsibility to secure and backup your User Content.
All User Content is considered non-confidential and non-proprietary.
You agree that We may reject, reclassify, disable, or remove any User Content from Our Platform where, in Our sole opinion, it violates Our Acceptable Usage Policy.
User Content is not approved or verified by Us before it is displayed on Our Platform. Any opinions, views, and values expressed in User Content on Our Platform are those of the relevant users and do not represent Our opinions, views, or values.
If you wish to make a complaint about any User Content, please contact Us as soon as possible.
If you wish to remove Your User Content, You may do so. However, please note that caching or references to Your User Content may not be made unavailable immediately and may not be made unavailable where they are outside of Our reasonable control.
8. PRICING AND PAYMENT
Some Services on Our Platform are for payment.
If You buy any of Our paid Services (such as a subscription to Our Advanced Membership or Our Premium Membership), You agree to pay Us the applicable fees and taxes.
You further agree that:
- Failure to pay Our fees and the related taxes will result in the termination of
Your paid Services with immediate effect;
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates);
- We may store and continue billing Your payment method (e.g. credit card) to avoid interruptions in Your Services and to pay for other Services You may wish to buy;
- Your payment method will be automatically charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date;
- All of Your purchases of Services are subject to Our refund policy;
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
We may from time to time change Our prices.
Changes to Our prices will not affect any paid Services that You have already purchased but will apply to any subsequent renewal of such paid Services and to any new Services You may wish to buy.
We undertake to inform You of any change in price at least one month before the change is due to take effect. If You do not agree to such a change, You may cancel the paid Service subject to this Agreement.
9. REFUNDS
Under the laws applicable in Your jurisdiction, You may qualify for a refund for any paid Services You have purchased from Us.
If you have subscribed to one of Our Paid Memberships, where applicable, We shall cancel Your subscription with a one-month notice and refund any part of Your subscription period that remains until the end of the current billing cycle.
If Your subscription or any other paid Service starts before We receive Your refund request, You will still be entitled to a refund but only in proportion to the remaining period until the end of the current billing cycle or other paid Service that You have purchased.
Citizens of the European Union are entitled to a full refund during the 14 days after the subscription begins. Such 14-day period begins when the subscription service starts. For example, if You signed up for a 14-day free trial, the period begins on the first day of your free trial, so there will be no fees paid as a refund.
Such 14-day period shall not apply to any paid Services which have already been provided in full when You request the refund.
Refunds under this Clause will be made using the same payment method that You used when purchasing the paid Service unless You provide Us with an alternative method.
10. LINKS TO OUR PLATFORM
You may link to any page or part of Our Platform if We give You Our express written permission.
Links to Our Platform must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
You must not link to Our Platform in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
Your link should not use any logos or trademarks displayed on Our Platform without Our express written permission.
You must not frame or embed any part of Our Platform on another website without Our express written permission.
You may not link to Our Platform from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.
11. LINKS TO OTHER SITES
Links to other websites may be included on Our Platform. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
The inclusion of a link to another website on Our Platform is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
12. VIRUSES, MALWARE, AND SECURITY
We exercise reasonable skill and care to ensure that Our Platform is secure and free from viruses and malware; however, We do not guarantee that this is the case.
You are responsible for protecting Your hardware, software, data, and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Platform.
You must not attempt to gain unauthorised access to any part of Our Platform, the server on which Our Platform is stored, or any other server, computer, or database connected to Our Platform.
You must not attack Our Platform by means of a denial of service attack, a distributed denial of service attack, or by any other means.
Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing Your identity to them.
Your right to use Our Platform will cease immediately in the event of such a breach.
13. DISCLAIMERS
Access to Our Platform is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Platform (or any part of it) at any time.
We do not guarantee that Our Platform will always be available or that access to it will be uninterrupted, save Our effort to give You reasonable notice of any suspension or discontinuation, whenever possible, and Your right to a refund where the conditions giving title to a refund are met as provided in this Agreement.
We do not guarantee the accuracy, reliability, or timeliness of information available from the Platform.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by Applicable Law, We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to Your use of the Platform.
You hereby acknowledge and agree that in the event We were to find that You have infringed any of the provisions of this Agreement any and all measures or actions taken by Us in response to Your breach of this Agreement will not constitute a breach on Our part, and We shall not bear any liability for such measures or actions.
If You are a consumer, We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of this Agreement or as a result of Our negligence. Loss or Damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Agreement is made. We will not be responsible for any loss or damage that is not foreseeable.
If You are a business, subject to the following paragraph, We will not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between You and Us.
Nothing in this Agreement seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or subcontractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
15. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
You hereby acknowledge and agree that failure or delay in the provision of any of Our Services (whether paid or not for payment) due to any of the afore-mentioned events of force majeure do not constitute a breach of this Agreement.
If any event described under this Clause occurs that is likely to adversely affect the performance of any of Our obligations under this Agreement:
- We will inform You as soon as is reasonably possible;
- We will take all reasonable steps to minimise the delay;
- To the extent that We cannot minimise the delay, Our affected obligations under this Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
If an event outside of Our control occurs and continues for a period beyond a reasonable limit and You wish to terminate this Agreement as a result, You may do so as described in this Agreement.
16. TERMINATION
This Agreement may be terminated at any time by either Party subject to the provisions of this part.
If You are subscribed to a Free Membership, You may terminate this Agreement with immediate effect by deleting Your Account according to the related instructions in Your user dashboard. If you delete Your Account, You will no longer have access to the features on Our Platform requiring an Account. Deleting Your Account will result in the removal of Your information from Our Platform save what is provided in this Agreement.
If You are subscribed to a Paid Membership or any other paid Services, the termination will take effect at the end of the current billing cycle, unless otherwise specified.
Subject to the provisions of this Agreement, You may be entitled to a refund.
We may terminate this Agreement in any of the following circumstances:
- Breach of this Agreement: Should You violate the terms of this Agreement or any of Our policies, We may terminate this Agreement with immediate effect and remove Your Account and access to any of Our Services that require an account;
- Non-Payment: For paid memberships or any other paid Services, failure to pay Our fees may result in Our cancelling Your paid membership and possibly reverting Your subscription to a Free Membership or deleting Your account altogether;
- Prolonged inactivity: We may also terminate this Agreement by cancelling Your subscription, whether it is to a Free Membership or a Paid Membership, in the event Your Account should remain inactive for a period of over six months. Such cancellation shall take effect either immediately or at the end of the current billing cycle depending on the type of Service being cancelled.
Regardless of which Party requests to cancel or cancels any Services, the following provisions shall survive termination:
- Our rights to use and disclose Your feedback and reviews;
- Users’ rights to further re-share content and information You shared through Our Platform;
- Any amounts owed by either Party prior to termination;
- Any provisions of this Agreement in respect of any limitation of liability, disclaimers, the jurisdiction and the governing law, Our Acceptable Usage policy, the breach of any part of this Agreement, the retention and the processing of personal data in accordance with Our Privacy Policy, and any provisions in accordance with Our Cookie Policy.
17. THIRD PARTY RIGHTS
This Agreement does not confer any rights on any person or party other than the Parties to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
18. JURISDICTION AND GOVERNING LAW
This Agreement is governed by the laws of England and Wales. However, users’ rights under this Agreement are complemented by any mandatory consumer protection laws and regulations applicable in their country of residence. Nothing in this Agreement is intended to override or limit such rights as provided by local laws.
You agree that, except as expressly provided by the mandatory laws of Your jurisdiction of residence, any legal actions or proceedings arising out of or relating to Your access to, or use of, the Platform shall be exclusively brought in the courts of England and Wales.
19. CHANGES TO TERMS
We reserve the right to modify the terms of this Agreement at any time.
We will notify users of significant changes and provide the effective date for the new agreement. Any such changes shall be communicated to You by sending an email to the latest address You have provided on Your Account.
Your Use of Our Platform on or after the afore-said effective date will signify Your acceptance of the new agreement.
20. CONTACT INFORMATION
If You have any questions about this Agreement, or to send Us any feedback or complaints, please contact Us at info@thefoundersjunction.com