For Entrepreneurs Only Service Terms and Conditions (“Terms and Conditions”)
We, For Entrepreneurs Only Community Interest Company, shall provide, or procure the provision of, certain services as described in clause 1 or such other services as we agree from time to time in writing (“the Services”), to you, the individual who has elected to receive the Services, in accordance with these Terms and Conditions insofar as you use our Services from time to time.
1. In consideration of you agreeing to comply with the terms of the Agreement we agree to provide or procure the provision of the Services to you in accordance with these Terms and Conditions. The Services are set out below.
1.1 Master Classes, Boot Camps, Seminars and other group events (“Events”)
You can book to attend any of our Events. A schedule of Events shall be published on our website and notified to you by email from time to time. The date and time of any Event may be changed, or the Event may be cancelled by us, at any time for any reason. Any Event may be cancelled by us if an insufficient number of attendees is anticipated to make the Event viable and each Event is subject to a maximum number of attendees and availability of the presenter(s).
You shall have access to one or more mentors by appointment who will offer you business-related advice on terms to be agreed by us and the mentors from time to time. The date and time of the Mentoring session shall be agreed between you and the mentor and is subject to the mentor’s availability. The date and time of any Mentoring session may be changed by the mentor, or the Mentoring session may be cancelled by the mentor, at any time for any reason.
1.3 One to One Meetings
You can arrange to meet with our General Manager (or such other FEO staff member as we may notify to you from time to time) to discuss how your business is progressing, assess whether you are meeting your aspirations and ascertain what your business needs are. The date and time of the One to One Meeting shall be agreed between you and the relevant FEO staff member and is subject to the relevant FEO staff member’s availability. The date and time of any One to One Meeting may be changed by us, or the One to One Meeting may be cancelled by us, at any time for any reason.
You can attend any of our Clinics. Details of Clinic dates and opening hours shall be published on our website and notified to you by email from time to time. The date and opening hours of any Clinic may be changed, or the Clinic may be cancelled by us, at any time for any reason. Any Clinic may be cancelled by us if an insufficient number of attendees is anticipated to make the Clinic viable and each Clinic is subject to a maximum number of attendees and availability of the mentor(s).
2. Time for delivery of the Services shall not be of the essence.
3. Neither you nor your company shall at any time be obliged to act on any information, suggestion, advice or guidance given by us, our employees or any other person or company involved with the provision of the Services (including but not limited to mentors). If and to the extent that you do so act, it shall be at your own risk.
4. You and your company are advised that you or it should take independent financial, legal or other appropriate professional advice before acting upon any information, suggestion, advice or guidance provided to you as part of the Services (including but not limited to by mentors).
5. We reserve the right, at our complete discretion, to reject any request to use our Services.
6. You are responsible for ensuring that any information that you provide to us is complete and accurate on the date that you provide us with such information. We reserve the right to cease providing you with the Services if we discover that any information provided by you to us, including but not limited to information provided on any Membership Form, is false or misleading.
Limitation of Liability
7. The provisions in clauses 8, 9 and 10 set out our and our employees’, agents’ and sub-contractors’ entire liability to you in respect of:
7.1 any breach of this Agreement; and
7.2 any representation, statement or tortious act or omission including negligence arising under or in connection with this Agreement.
8. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
9. Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CLAUSE 10
10. Subject to clauses 8 and 9:
10.1 our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the Services and the performance or contemplated performance of this Agreement shall be limited to the higher of £1,000 or 150% of any Membership Contribution (as defined in the Membership Form) paid by you in respect of the membership period during which the claim is made; and
10.2 we shall not be liable to you for loss of profit, goodwill or business opportunity or any type of indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement.
Confidentiality and Data Protection
11. Subject to clauses 11 to 14 inclusive, each party shall at all times during the term of this Agreement and thereafter keep confidential any confidential information which is disclosed to it by the other party pursuant to or in connection with this Agreement whether orally or in writing and whether or not such information is expressly stated to be confidential or marked as such and each party shall not use any such information for any purpose other than the performance of its obligations under this Agreement. You acknowledge that we may disclose your confidential information to third parties to the extent necessary to enable such third parties to provide you with the Services.
12. You acknowledge that we shall collect and process personal information about you to enable us to perform our obligations under the Agreement. We shall comply with the Data Protection Act 1998 (“DPA”) in our processing of this information to the extent that such information constitutes Personal Data as defined in the DPA. By using our Services you consent to our, our key partners’ and our Member entrepreneurs’ use and disclosure of your personal information in accordance with our Privacy & Cookies Policy.
13. You acknowledge that we may be required to, and you agree that we may, disclose financial and other confidential and personal information about you to our auditors, legal advisors, Member entrepreneurs and key partners. A list of our key partners and Member entrepreneurs, and the purposes for which we may disclose such information to them, is available on request.
14. Unless we otherwise specify in writing, we, you and your company shall be entitled to publicise your use of the Services, and the help and advice that you have received in connection with the Services.
15. If you have any queries in relation to this Agreement or the Services, please contact the General Manager by writing to For Entrepreneurs Only, The Enterprise Centre, University of Hull, Cottingham Road, Hull, HU6 7RX or emailing firstname.lastname@example.org.
16. We shall not be liable to you for any failure or delay by us in complying with our obligations under this Agreement if the failure or delay is due to a reason beyond our reasonable control, including but not limited to lack of availability of personnel or accommodation.
17. You shall not assign this Agreement or any part of it without our prior written consent. We shall be entitled to assign this Agreement or any part of it to any person or organisation.
18. You shall not use our name, or any name or logo associated with us, in any manner without our prior written consent.
19. Nothing in this Agreement confers on any third party any benefit or any right to enforce any term of this Agreement.
20. The formation, existence, construction, performance, validity and all aspects of this Agreement shall be governed by English law and the English courts shall have exclusive jurisdiction to hear disputes between us.