TERMS AND CONDITIONS
The content of this website, the Female Founders Rise community and/or the community platform and/or app, in no way amount to investment or other financial advice. No information or services provided constitute any offer or solicitation to offer or recommendation of any investment product. Any relevant information provided is for information purposes only and does not take into account your business needs, objectives or specific financial circumstances.
BACKGROUND
These Terms and Conditions explain the basis under which FFR will provide access, and support relating, to the Female Founders Rise community, community platform, the app and/or any events or courses, whether paid or unpaid.
The Client should read these Terms and Conditions very carefully to make sure that they understand what is agreed.
- DEFINITIONS
In these Terms and Conditions, the defined words and phrases have the following meanings:
‘‘Client” the individual or company receiving the Services;
“Confidential Information” means all confidential, non-public and/or proprietary information in whatever form received or obtained by a Party (the "receiving party") in connection with the provision of Services, including (but not limited to) any event attendee lists, content of messages posted in the FFR community, training materials, event details, slides, reports, summaries or analyses provided by FFR or members of the FFR community, other than:
(a) any information which was rightfully in the possession of the receiving party prior to the disclosure and acquired on a non-confidential basis from sources other than the disclosing party; and
(b) any information which is in the public domain otherwise than as a result of a breach of these Terms and Conditions.
“Intellectual Property” means trade marks, service marks, trade and business names, domain names, digital content, design rights, copyright, moral rights, rights in databases, patents, logos, rights to sue for passing off, trade secrets, rights in confidential information, know-how (which includes without limitation, practices, methods, knowledge, skill, trade secrets, experience, test data, results, records, applications, pricing data, cost data, sales data, descriptions and designs) and all other intellectual property rights, in each case whether registered or unregistered and including applications for grants of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world.
“Services” the services the Client is receiving from FFR, which includes but is not limited to, access to the FFR community, community platform, the FFR app and/or any FFR events or courses, whether paid or unpaid;
“Party” either one of the Client or FFR, and “Parties” the Client and FFR together;
“FFR” means Female Founders Rise Ltd, the entity providing the Services pursuant to these Terms and Conditions;
“Terms and Conditions” means this document detailing the rights and responsibilities of the Parties.
- SERVICES
2.1. FFR will supply the Services using reasonable care and skill.
2.2. The Services will be performed so far as reasonably practicable, at such time or times as FFR decides. Any times, dates or periods given by FFR for provision of the Services are estimates only. FFR will make reasonable efforts to comply with any such time estimates, and will perform the Services within a reasonable time. However, time is not of the essence in respect of FFR’s performance of the Services.
- ACCESS
3.1. FFR reserves the right, in its sole, reasonable discretion, to deny or remove access to its community, events or other initiatives, at any time.
3.2. In the event that an individual is denied access or removed from one of FFR’s paid events or initiatives in accordance with this clause 3, the price paid for such event or initiative will be refunded to such individual (less any reasonable costs and expenses incurred by FFR), except where that individual has gained access to the community, an event or initiative by fraud or misrepresentation.
3.3. FFR also reserves the right, in its sole, reasonable discretion, to block users and/or remove their content from its community, website, app and social media, at any time.
- PRICE AND PAYMENT
4.1. To the extent that payment is due for the Services, the Client must make payments in accordance with these payment terms, or as notified to the Client in writing.
4.2. Any payment must be made by the Client in full, on-demand, in advance of Services being provided, and VAT, or any equivalent sales tax applicable, will be charged at the rate prevailing at the time that payment is due.
4.3. FFR may, in its sole reasonable discretion, vary the prices of any Services it offers at any time upon notice to the Client.
4.4. Without prejudice to any other legal right or remedy:
4.4.1. if any agreed payment is not received by FFR by the Due Date, FFR can charge interest on the outstanding sum or sums. Interest will be charged at 1% per annum above the Bank of England base rate, accruing daily from the due date until payment is made; and/or
4.4.2. FFR is entitled to suspend performance of Services until such time as any outstanding payments are made.
- CLIENTS’ RESPONSIBILITIES
5.1. The Client shall co-operate fully with FFR in the performance of the Services. Cooperation shall include, but is not limited to:
5.1.1. responding promptly and properly to any correspondence, request, query or communication from or on behalf of FFR;
5.1.2. promptly providing any information, documentation, instruction, support or other assistance as FFR reasonably requires; and
5.1.3. paying any and all sums due on time.
5.2. If the Client does not comply fully and properly with their responsibilities under this clause, FFR may, without prejudice to their legal rights:
5.2.1. charge the Client for any costs or expenses thereby reasonably incurred; or
5.2.2. suspend the provision of the Services until such time as the Client complies, so far as reasonably practicable, with their responsibilities under these Terms and Conditions.
- AGENCY OR PARTNERSHIP
Nothing in these Terms and Conditions is intended to or does imply any partnership, fiduciary relationship, joint venture, agency or any other relationship between the Parties, save as provided for in these Terms and Conditions.
- LIABILITY AND INDEMNITY
7.1. Nothing in these Terms and Conditions seeks to limit the liability of FFR for fraudulent acts or omissions, death or personal injury caused in connection with the provisions of Services, whether arising in contract, negligence, tort, breach of statutory duty or otherwise.
7.2. Subject to clause 7.4, neither Party shall be liable to the other whether in contract, negligence, tort, breach of statutory duty or otherwise for any loss or damage sustained by the other Party indirectly or consequentially and including but not limited to economic loss or loss of profits, goodwill or business in general.
7.3. Subject to the rest of this clause, FFR’s total liability to the Client will not, in any circumstances, exceed the lesser or the (i) the total amount of any price payable by the Client; or GBP 100.
7.4. In the event that the Client, or their representatives or agents, breach these Terms and Conditions, including breach of intellectual property rights and/or confidentiality, or are negligent in their actions, the Client will, to the fullest extent permitted by law, indemnify FFR against any direct or indirect liability, loss, claim, damage, expense suffered by FFR as a result.
- INTELLECTUAL PROPERTY
8.1. Save as otherwise expressly agreed in writing between the Parties, neither Party will receive any right, title or interest in respect of the Intellectual Property owned or controlled by the other party.
8.2. All Intellectual Property generated, developed and/or elaborated on in the course of the provision of the Services shall be solely owned and controlled by FFR. The Client agrees to assign to FFR, free from all third party rights, all rights in such Intellectual Property.
8.3. The Client undertakes to take all measures required to ensure that all rights, title and interest to such Intellectual Property vest in or are assigned to FFR. The Client undertakes to execute or deliver, or cause to be executed or delivered, upon the reasonable request of FFR, any and all documents that may be necessary or desirable to perfect the assignment and transfer of such Intellectual Property to FFR.
8.4. This clause is subject to the right of the Parties to use any such material so far as is reasonably required to carry out the agreed Services.
8.5. The Client warrants that any material, whether comprising documents, data, records or any other materials, that it provides to FFR does not infringe the intellectual property rights of any non-Party. The Client agrees to indemnify FFR against any loss, damage, cost, expense or claim of any kind that may arise as a result of such an infringement.
- CONFIDENTIALITY
9.1. The Parties shall keep confidential and private any Confidential Information it receives in connection with the Services.
9.2. Neither Party shall disclose any Confidential Information without the consent of the other Party, except to comply with an order of a court of competent jurisdiction or if required in connection with legal proceedings relating to these Terms and Conditions.
9.3. The Parties’ obligations under this clause shall continue after the termination or completion of the Services, for a period of no less than 5 years from termination or completion, unless or until the information concerned becomes public knowledge or is otherwise in the public domain through no fault of the Party bound to keep it confidential under this clause.
- NON-COMPETE
10.1. During the provision of the Services to the Client, and for 5 years following the termination or completion of such Services, the Client shall not, and shall procure that its affiliates, representatives and/or anyone working on its behalf, shall not in any capacity or form whatsoever, directly or indirectly, without the prior written consent of FFR:
10.1.1. provide services similar to those provided by FFR, including (without limitation) setting up a similar community, platform, app, events, training, or other analogous services, or contacting FFR community members in this regard; or
10.1.2. solicit in respect of similar or competing Services any FFR community members or clients of FFR; or
10.1.3. solicit for employment any person who is an employee of FFR.
- AMENDMENT AND TRANSFER OF RIGHTS
11.1. FFR reserves the right to update these Terms and Conditions in its sole reasonable discretion at any time upon notice.
11.2. FFR is permitted to assign or transfer any rights or obligations under these Terms and Conditions, or subcontract the same for performance to a third party. The Client is not permitted to assign or transfer any rights or obligations under these Terms and Conditions without the prior written permission of FFR.
- SEVERANCE
If any of the provisions of these Terms and Conditions are unlawful, invalid or otherwise unenforceable, they will be severed from the remainder. The Terms and Conditions which are left will remain valid and enforceable.
- THIRD PARTIES
For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms and Conditions are not intended to and do not confer any rights on any person who is not a Party. Any person who is not a Party does not have the right to enforce any provision of these Terms and Conditions.
- CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTIES
14.1. FFR shall not be liable for any delay or failure to perform any term or part of these Terms and Conditions due to circumstances beyond the reasonable control of FFR. Such circumstances include – but are not limited to – industrial action, lock out, trade dispute, power failure, internet outage, fire, natural disaster or outbreak of war. As soon as is reasonably possible after the discovery of such circumstances, FFR will notify the Client in writing of any anticipated or existing delay or failure in performance.
14.2. If the circumstances referred to in this clause continue for a period of longer than 7 days, FFR can end the contract by giving 7 days’ notice in writing to the Client. Any and all money owing under these Terms and Conditions before the circumstances arose shall be paid immediately.
- ENTIRE AGREEMENT
These Terms and Conditions taken together are the entire agreement between FFR and the Client and supersede any and all prior terms, conditions, warranties or representations to the fullest extent permitted by law.
- WAIVER
Any failure or delay by FFR in using rights or powers provided by these Terms and Conditions shall not constitute a waiver of the whole or any part of these Terms and Conditions. The partial or sole use of any rights or powers provided by these Terms and Conditions shall not prevent any additional use of the same rights or powers. The rights, powers and remedies in these Terms and Conditions are additional to the rights of the Parties provided by law.
- GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with English law and the courts of England and Wales will have exclusive jurisdiction in relation to them. Notwithstanding the foregoing, the Parties agree that they will first attempt to resolve any dispute arising in connection with these Terms and Conditions and the Services via a mediation process.
- COMPLAINTS
In the event of a complaint of any nature FFR can be contacted using the details below.
- CONTACT DETAILS
Female Founders Rise Ltd
71-75 Shelton Street
London WC2H 9JQ
